Alu Eko Of Ora V. Uhere Ugwuoma And Ors. Of Amaozara (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal against a judgment of the High Court allowing an appeal from the Magistrate’s Court—question of res judicator of a matter previously tried by a Native Court. Held : The Magistrate was correct…

Edem Umo Edem & Anor V. J. Chief Oyo Edet (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Case transferred to the High Court under sec. 25 (1) (c) of No. 44 of 1933 as amended by No. 16 of 1936—p/ea of res judicata raised in Native Court and rejected—rejected also by…

Chief Efiong Enebiet Efiom Duke & Ors V. Etubom George Duke Henshaw Of Henshaw Town, Calabar (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Failure by plaintiffs-respondents to show their authority to sue in a representative capacity—necessity for a non-suit—failure by defendant-appellant to raise issue results in deprivation of costs in Court…

Chief Kweku Dadzie & Ors V. Atta Kojo & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for declaration of title awarded by Native Tribunal and-reversed by Provincial Commissioner—Plaintiff having waited for 12 years before attempting to establish his right, it is not extinguished by lapse of time— appeal allowed.…

The Chairman, Lagos Executive Development Board V. W. F. Onimole & 11 Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Proceedings under Part VII of the Lagos Town Planning Ordinance (No. 45 of 1928)—Originating Summons under sections 44 and 45 of the Ordinance—procedure—res judicata—onus of proof—case remitted. Part VII of the…

Nana Kweku Bofa & Ors V. Nana Kofi Kum & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Construction of section 8 of the West African Court of Appeal Ordinance considered—Kudiabor v. Kudanu (hitherto unreported, non’ printed after this report) followed and appeal dismisSed. Held : No jurisdiction to hear the…

George Asafu-ad Jaye (Adonten-nene) V. John Holt & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for commission on cash sales made with approval of the Agent. Held : The Plaintiff-Appellant’s agreement cannot be construed so as to entitle him to commission on all cash sales, but only on those…

Yaw Anane As Successor To Akwesi Sarkodieh (Deceased) Of Aduam V. Kwabena Efriyea (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Action commenced in Native Court transferred to Chief Commissioner’s Appeal Court—Interlocutory judgment that mailer was not res judicata— from adecisionquestion raised again before a different Chief Commissioner and of Chiefcontrary ruling…

Alfred Glomani Armah V. Rex (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Failure to call an eye-witness of the transaction not fatal to conviction. Appeal dismissed. Held : It is a matter of severe comment that an eye-witness of the all-important transaction was not called as a witness, but the failure…

Ad Joa Aduwa V. G. O. Abosi (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Action for trespass and for an Order to set aside a sale under writ of Fi. Fa.–proposal of an alternative security which did not materialise. Held : There had been no unconditional release of the security held…