Wijdanu Kwasi & Ors V. Nana Osei Twum & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to land–Concurrent findings of fact by the Supreme Court of the GoldCoast and the West African Court of Appeal—Power of Supreme Court toamend pleadings in cause transferred to it from Native Court—Courts Ordinance,section…

Wudanu Icwasi—acting Chief Of Atipradaa & Ors V. Yaw Nkansah II—dsasehene Of Builtruwa-kwahu & Anor (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to land—Traditional evidence—Admissibility of award of TravellingCommissioner. Facts The trial Judge admitted and took into consideration an award of a Travelling Commissioner. It appeared to the Court of…

Kwadjo Bio V. E. R. Addow (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Rules as to appeals from a judgment of the Supreme Court confirming a judgmentof a Magistrate. Where the Supreme Court confirms, on appeal, the decision of a Magistrate in a civil case, an appeal lies to the West…

Duke Kwesi Kuntu Of Anomabu V. Adontenhene Kweku Afilfa VII Of Andoe (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass–Boundary Dispute—Courts Ordinance, section 20B—NativeAdministration (Colony) Ordinance, section 48 (1)—Jurisdiction–NativeCustom. Facts The trial of a claim for trespass over a boundary was conducted by a Judge sitting alone and without an assessor.…

F. & M. Khoury & Ors V. Philip Said Azar & Ors (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Cross appeals—Interpleader action—Chattels and land seized in execution atinstance of judgment-creditor—Unregistered equitable charge on kind–KumasiLands Ordinance, section 22—Effect thereof—Waiver of lien by acceptance ofequitable charge—Agreement for loan on chattels—Defence (Control of Transferof…

F. & M. Khoury & Ors V. Philip Said Azar & Ors (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Consolidated appeals—Interpleader—Written agreement to secure repaymentof loan on chattels—Breach by debtor of covenant therein by assignment ofchattels to secure further debt to third party without notice to first lender—Defence (Control of Transfer…

Messrs. Khalil & Anor V. George Mastronikolis (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Sale of goods—Whether sale by sample—Sale of Goods Act, 1893, section 14,exceptions 1 and 2. The facts, which formed the basis of the decision, are fully set out in the judgment. Cases referred to : Appeal from…

Toufic Simon Karam V. Commissioner Of Income Tax (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Income Tax—Income Tax Ordinance, section 7 (a)—” Accruing in” or” derived from”. Facts The appellant’s firm had goods delivered to its agent in Nigeria and sold them, the profits of the sale of £4,101 10s. 8d.…

Festus Makene Ikomi V. John Ojobo Agbeyegbe (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Civil Procedure—Action to set aside sale by Order of Court—Sale in 1938—Action brought in 1938 struck out for non-appearance of plaintiff—Action relisted in 1947—Application then to amend writ—Judgment for plaintiff declaring sale a nullity—Exercise of Court’s discretion—Supreme…

W. N. Hervie & Ors V. Nana Osam Wirisi III & Anor (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Land—Jurisdiction of Land Division of Supreme Court and Native Courts—Claim for specific performance—Courts (Amendment) Ordinance, section 6—Native Courts (Colony) Ordinance, section 15 (b). A claim for specific performance of a contract for…