Madam Vakoh Chapman Heir And Successor According To Native Customary Law Of Her Son The Late W. K. Chapman Of Keta (Deceased) V. Messieurs Compagniefrancaise De L’afriqite Occidentale & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Evidence—Estoppel—Res judicata—Privies—Predecessor in suit not predecessor in title.Native Tribunal—Procedure—Judgment of Councillors who didnot hear…

Lawer V. Tetter Kwao Obor & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Native Tribunals—Practice—Enforcement of decree—Rules of Supreme Court, Order 43 of schedule 3 (Gold Coast). The Rules of the  Supreme Court, Order 43 of Schedule 3 (Gold Coast) do not apply to the enforcement of decrees in Native…

Kadiri Balogun V. Tijani Anamu Balogun And thirteen Others (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Lagos Native Customary Land Law—partitioning of family property to convey absolute title—Historical and legal position. Facts In 1903 the seven surviving children of Okolo Balogun by Deed partitioned the whole of their late father’s property…

Isaac Asare Wilson V. Opoku Afriye & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Interpleader—What form of relief to be ordered—Rules of Court, Cap. 4, Schedule 3, Order 44, Rule 25 (Gold Coast)—Inconsistency therewith of form of summons, ibid., Appendix A, form 23—Description and identification of land to be released.…

H. M. Darko V. Ag Yakwa (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from Native Tribunal—Procedure—Deposit of costs under section 82 (2) of the Native Administration (Colony) )-Ordinance (Gold Coast) Cap. 76—Deposit insufficient—No,jurisdiction in Provincial Commissioner’s Court to hear appeal. Appeal to West African Court of Appeal—Appeal not from hearing…

George Mattouk V. Elie Massad (1942) LawGlobal Hub Judgment Report – West African Court of Appeal This is an appeal from a judgment of the West African Court of Appeal who set aside a judgment of Fuad J., a Judge of the Supreme Court of the Gold Coast in favour of the plaintiff. The claim…

Gbadamasi per A. W. Sey V. Salifu Sani (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal—Native Tribunal—Original hearing, not on the merits—Original judgment bad in law—Original judgment reversed on the merits on appeal—Appellate decision quashed as insufficiently grounded, and original judgment restoredRe-trial. Evidence—Practice in Native Tribunal—Giving a witness’s evidence through the…

Essaku Sengena V. Yao Poku (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Contract–Hire-purchase—Vendor’s right of seizure—SalePurchaser’s right to terminate agreement—N ovation– Promissory note—Conditional document—Time of payment neither fixed nor determinable. Facts Plaintiff hired a lorry from defendant under a hire-purchase agreement. Defendant subsequently took .possession of the lorry, purporting to act…

Eldred E. E. Williams V. Nwolas Grant Mends & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from Landlord and Tenant—Unlawful opcupation—Acquiescence-judgment ofRecovery of possession and damages—tenancy by operation ofSupremeCourt.law—estoppel—waiver—Defence (Rent Assessment) Regula-tions, 1941, regulation 12 (1)). Facts A house situate at 32 Kissy Street, Freetown, was owned by the…

E. A. Solomon & Ors V. J. D. K. Botchway As Head Of Jacob Vanderpuye’s Family (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Native law and custom—Ga custom of Accra—InheritanceDeceased’s self-acquired property—Children of six-cloth marriage entitled to share—Pleadings defective—Retrial with amended pleadings. Facts The nephew and the eldest son of the…