Kojo Gyapon & Ors V. Osei Kwabena II & Ors (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Restrictions on exercise of Supreme Court’s jurisdiction—Suit relating to ownership of land as between Chiefs—Courts Ordinance, s. 14, s. 17, s. 62 (1) (a)—Boundary (Land, etc.) Disputes Ordinance, s. 3 (1), s. 3 (3).…

Kofi Baidoo As Caretaker Of The Jomo Stool Of Jomo Division In Shama State & Anor V. Kweku Akweku Of Abuasi, Jomo Division (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Fishing rights—ejectment–admissibility of documentary evidence. Facts In 1917 an agreement was made between certain parties on behalf of the Jomo Stool…

Kabba & Anor V. Daniel S. Young (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to possession of premises—Equitable defence—Purchase of legal estate with notice of equitable right—Summary hearing—County Court Rules, 0 .I X , R.7 ; R.15 ; Supreme Court Ordinance, 1932, s.8 ; s.57. Facts Plaintiff claimed possession and…

K. Chellaram And Sons V. G. B. Ollivant, Ltd (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Pleading and Practice—Estoppel—Cause of action arising after last proceeding in previous suit. Facts In another action brought by G. B. 011ivant, Ltd. against K. Chellaram. and Sons for infringement of a trade mark, the latter…

Jarinatu Folawiyo & Ors V. Rufai Belo Folawiyo & Ors (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Interpretation of Will—Limited and general use of the word ” children ” in various clauses. Belo Folawiyo provided in clause 2 of his Will that his trustees should let the property specified in that…

J. M. Aouad V. R. O. Nzimiro & Anor (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Joint Adventure—Absence of accounts—Absence of notice toterminate—Practice on appeal regarding amendment of claim. Facts Plaintiff sued Defendants claiming (a) £207 15s. 4d., balance of goods supplied for sale on basis of profit-sharing, (b) £129 15s.…

J. K. Q. Aryeh & Ors V. Malam Dawuda Of Feoyoh & Ors (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Descent of property under native customary law—Presumption. Facts Plaintiffs sued claiming a declaration of title to land, damages for trespass, and an injunction ; the trial Judge held that they had…

J. A. Annoh V. Sakyi Djan & Anor (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Land—declaration of title—damages for trespass—family property—statutes of general application—judgment of Native Tribunal restored. Facts The second respondent bought the premises from A. P. Plange and paid a deposit. Thereupon the Plange family intervened claiming the property…

Gabriel Michel & Ors V. Frederick & Ors (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Land—Lease—assignment—partition or sale. Facts By a Lease Executrices-Trustees demised certain premises to Elias J. Moubarak and the Defendants-Respondents F. & M. Khoury. By deed of assignment Elias J. Moubarak assigned his one-half undivided interest and share…

G. A. Adu V. A. O. Makanjuola (Trading As Proprietor And Managing Director Of The United Development Trading Company) (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Mining contract—Ambiguity—Effect of public policy—Minerals Ordinance (Cap. 93). Facts Respondent with two others registered themselves in 1933 as the United Development Trading Company, which in…