Chief Sakpaku & Ors V. Chief Lugu Ahiaku Of Adutor & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Land declaration of title damages for trespass injunction resjudicate incorrect plan Facts This is a claim for a declaration of title to land and for damages for trespass and an injunction. The…

Chief Akinlolu Oloto V. T. Akindele John (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Ownership of land—Title not lost by failure to resume occupation upon abandonment by persons occupying land with owners’ permission. Facts The plaintiff’s family were the original owners of the land. Subsequently the family permitted people of Ishan…

Chief Akwa II Per Himself As Head And On Behalf Of The Genua Family Of Alakple & Anor V. Kwametse Amegavlui & Anor (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Parties to action—Plaintiff not Head of the Genua Family—Not entitled to sue. Facts Certain property which belonged to one Genua, who…

Caroline Morayo V. C. T. Okiade & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Land—Declaration of title—Estoppel—Acquiescence in adverse possession. Facts The facts are set out in the judgment. Of the four grounds of defence the trial Judge found in favour of the appellant on three, but on the fourth…

C. A. Vanderpuye V. J. N. Plange & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction in suits relating to 1,21-44—Customary law—Action relates to transactions agreed to be governed by English law—Jurisdiction of Native Tribunals—Provisions of section 48 (1) of Native Administration (Colony) Ordinance. Facts The action by the plaintiffs…

Bafuor Yaw Antwi V. Tujani Lagos (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Condition precedent for appeal to Provincial Commissioner’s Court under section 81 of the Native Administration (Colony) Ordinance Cap. 76 not fulfilled. Held The objection on the ground that the condition precedent for appeal was not fulfilled was in…

Anastasia Aina Gooding & Anor V. Omolara Martins (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Validity of marriage in Roman Catholic Church at Abeokuta In’ 1906 depended upon provisions of section 2 of Marriages Validation Ordinance, 1916 (No. 3 of 1916)—Children of the marriage entitled to inherit property of their father…

Alfred Ernest & Ors V. Amanuah Ankrah & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Indenture of Lease—Claim for monies due upon account stated— admission founded on mistake Facts The defendant and Anna France caecuted an Indenture of Lease with-0. B. 011ivant & Co., Ltd., on the 8th February. 1932.…

Adit Kofi V. G. A. Adjei (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Sale by auction—Writs of Fi. Fa. issued by Native Courts—No attachment of property or rules relating thereto—Priority of purchasers. Facts On the 10th June, 1939, Kwabena and Dawuru each bought a piece of land at a sale by…

Adebeshin Folarin & Ors V. Samuel Olawole Williams & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Will—Construction of clause—Bequest—Whether gift absoluteor life interest—Bequest followed by contingent gift over. Held : Clause construed as an absolute gift, and gift over void for repugnancy. Cases referred to := E. 0. Moore for…