John Oni Akerele V. The King (1942) LawGlobal Hub Judgment Report – West African Court of Appeal The appellant in this case is a duly qualified medical practitioner who carried on practice in Nigeria. On the 7th March; 1941, he was charged before the Assistant Judge at Umuahia Sessions of the High Court of the…

James Nudo Kwakuvie & Ors V. Kartey Adabaar On Behalf Of Himself And As Representing The Adabaar Family Of Ada (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Judgment delivered by Native Tribunal—Order made under section 75 (1) of Native Administration Ordinance after judgment. Facts On the 16th March, 1938, the Native…

ISUFIT (PAINTER) V. THEODORE TAYLOR (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Breach of contract—Agreement for repairs—Quantum, meruit. Facts The repairs (painting, ;etc.) in premises had been completed but Divisional defendant refused a further advance under the agreement on the ground exercising that the work was bad,exercising appellate The Magistrate found…

George Mitchell V. Sheriff J. Charaff (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Contract—Claim for possession and mesne profits—Counterclaim Appeal from for specific performance of agreement—Construction of judgment of correspondence—Special defence under section 12 (1) of the arrt.’e Defence (Rent Assessment) Reps. 1941. Facts Plaintiff claimed to recoVer possession of premises…

G. B. Amancio Santos V. Ikosi Industries Limited & Anor (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass to land—Pier built on land one foreshore—Estoppel perrein judicatam—Possession—Laches—Damages—Retrial. Facts The defendants purchased from the plaintiff land at Aiyetoro and conveyance was executed showing the area. Damages were cliimed for trespass committed by…

Francis D. Banigo V. Johnson O. Banigo & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass—Damages for trespass to land—Right of use and occupation, vested in. plaintiff—Evidence of possession. Facts The laud in dispute was occupied by certain members of Swiss Banigo family of which, by custom, the plaintiff was…

Ekeleme On Behalf Of Ndabo-elitama V. Ugwuiro & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Resident sitting in appellate capacity under section 36 (1) (b) of Native Courts Ordinance—Claim relating to declaration of title to land—Order made for re-hearing in Magistrate’s Court. Held: Magistrate’s Court has jurisdiction to re-hear the…

Curator Of Intestate Estates V. Paulina Bright & Anor (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Will—Testamentary capacity—Will declared null and void. Facts Judge held on the facts that there was lack of testamentary capacity Supreme at the time of exemting the Will, but relying on Caesar r. Boh•tnon, (1938 Court.1…

Commissioner Of Police V. Samuel Lagos (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Appeal—ProcedureSectum, 315 of Chapter 14—Distinction between objection to •arisdiction and • to ‘matter of – procedure—Retrial. Facts The appeal- was not made in the form of a petition as required by section 315 of the Criminal Procedure…

Commissioner Of Income Tax V. Ferris George (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Motion for leave to appeal–inherent right—Section. 3 of West African Court of Appeal Ordinance 47 of 1933 and appeal tinder Income Tax Ordinance. Held: Judgment of Supreme Court in appeal against .assessment of e Commissioner of Income…