Author: LawGlobal Hub
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Julius Noi Tetteyfio & Anor V. Daniel Christopher Awuku (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Real Property—Mortgage—Subsequent sale by mortgagor and order for specific performance and conveyance—Sale by mortgagee—Neither purchaser aware of mortgagor’sfraud—Position as between purchaser from mortgagee and purchaser from mortgagor. Facts The owner first mortgaged the property to…
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Theodore Taylor V. Bernard Tsevi Agbanavor (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Administration—Administrator selling land ultra vires—Rights, of purchaser against administrator personally.Appeals in Civil Cases—Amending judgment on appeal—W.A.C.A. Rules, 1950, rule 36. Facts The above rule provides that “The Court (of Appeal) shall have power to give any judgment and…
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Mai Sundu V. Commissioner Of Income Tax (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Income Tax Ordinance—Section 57 (4)—Appeal against assessment—Onus on appellant to prove it is excessive. Facts Section 57 (4) of the Ordinance provides that the onus of proving that the assessment complained of is excessive shall be on…
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Josiah Sobanjo V. Adesina Oke And Ogunsanya Onabote (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Real property—Onus on claimant—Defendant in possession. Facts The claim was (inter alia) for a declaration of title to certain land; it stated the eastern boundary as the farmland of a certain family and the southern as…
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Patent Trolls: Understanding and Dealing with the Threats to Intellectual Property Rights In today’s fast-paced and competitive world, innovation and creativity are key drivers of economic growth and prosperity. But for many inventors, entrepreneurs, and businesses, that creativity is being threatened by a new type of predator: Patent trolls. These companies, often with no products…
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Dr. Walter Silvera V. General Manager, Nigerian Railways (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Negligence—Accident—Plaintiff not exercising reasonable care. Facts The case arose out of an accident in the dark at a level crossing. A little higher up the line passed through a cutting which blanketed the sound of whistling;…
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J. A. Sijuade V. G. A. Tijani (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Pleadings—Time for delivery of defence—Application for more time-—Principles on which it is granted. Facts Under the order made for pleadings the defence ought to have been delivered by a certain date but was not. The…
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The Sierra Leone Development Co. Ltd V. Maria Taylor (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in civil cases—Judgment based on views of Judge without evidence from witnesses. Facts The case arose out of the death of a locomotive driver in the service of the appellants; it was brought by…
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Bisiriyu Shoaga V. The King (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Procedure—Criminal Procedure Ordinance, section 165: Amendment of Charge—Accused with Counsel—Counsel not informed of right to recall witnesses. The appellant was tried with others in the Supreme Court on two counts and convicted. He appealed, without substance, on questions…
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Joseph Shekoni V. Chief Ogunyemi Ojoko (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Circumstances for adjournment of hearing. NOTE Where, owing to a relevant appeal, the hearing of a case would work injustice to a party. it should be adjourned pending the determination of the appeal.(W.A.C.A, No. 3901.) Foster-Sutton,…