Akosua Adei V. S. C. Mensah & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Native Tribunal—Territorial jurisdiction of Divisional Chief’ Tribunal—Native Administration (Colony) Ordinance (Cap. 76) (Gold Coast), section 49 (1). Facts The respondent caused to issue in the Tribunal of a Divisional Chief, the Ayokohene of Koforidua, New Juaben,…

Agona Stool V. Ex-Agonahene Kwadjo Apaw (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Native Tribunal—Asantehene’s ” A ” Court’s Jurisdiction—Action for Declaration that property is stool property—Proper Court—Stool Property Protection Ordinance, 1940 (No. 22 of 1940) (Gold Coast), section 5. Plaintiff succeeded in the Asantehene’s ” A ” Court in an…

Ada Maude Bankole Bright V. H. C. Bankole Bright (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from Practice—Pleadings—Wife’s separate property—Claim againstJudgmenthusband–Statute of Limitations pleaded—husband’s statusof theSupremeas trustee not pleaded. The facts are fully set out in the judgment. II. J. L. Boston for Appellant. E. F. Luke (with him S.…

Abbapesiwa & Ors V. Margaret Krakue & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Married woman—Business partnership between husband and wife—Husband’s right to sue wife—Married Women’s Property Ordinance (Cap. 109) (Gold Coast), sections 2, 3 and 4. Case stated. Held : (1) A husband and wife are capable under the…

A. Latunde Johnson And Amusa Onisiwo & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Real Property—Registration of Title—Unregistered incumbrance– Appeal from Notice—Equities—Estoppel—Registration of Titles Ordinance judgment of(No 13 of 1935) (Nigeria), section 54—Ibid., meaning of Court.” any unregistered estate “—Rectification of Register, ibid., sec. 61.Real Property—Partition—All co-owners not parties—Transaction voidable…

The Wholesale Colonial Trading Company V. The Ikorodu Trading Company (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Trade Marks—Trade Marks Ordinance, s. 10, s. 13, s. 42—Registration of Trade Mark—Party aggrieved thereby. Facts The Wholesale Colonial Trading Company (hereafter called ” the Appellants “) sued the Ikorodu Trading Company (hereafter called…

Surakatu Lawani V. Jeminatu Esu Tadeyo & Anor (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Action for recovery of possession—Native Law and Custom applicable. ” A ” acquired the interest of Chief Akinlolu Oloto as a result of a judicial sale of No. 40 Coates Street, Ebute Metta. ” A ”…

Sterios Thomopulos & Anor. V. John Mandilas (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Partnership—Evidence of formation. Facts Respondent averred in his Statement of Claim that by a verbal agreement in March, 1936, he and Appellants became partners on the footing that his share of profits and losses would be 25…

Safiatu Savage-John V. Doudu Jobe & Anor (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Contract for consideration to devise land to promisee—Bequest to another—Promisee’ s rights—Onus of proof of repayment or falsity of document—Need to join devisee in proceedings. Facts Plaintiff’s claim was (a) for the premises known as No. 32…

Sadiku Ogungbesan V. Kajero & Ors (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Damage to cult property by members of the cult—Criminal proceeding, followed by action for tort—Practice where Defence submits there is no case to answer, at close of Plaintiff’s case. Facts Plaintiff sued Defendants for special and general damages…