S. A. Okedare & Anor V. N. Saimua (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Breach covenant to sub-let—Recovery of Premises Ordinance—position sub-lessee—meaning of words “tenants” and “occupy”—liability landlord. Facts The respondent leased the premises to the defendant, Saimua, with a covenant against sub-letting. Saimua broke the covenant and unlawfully sub-let…

Adikun Oke V. IGP (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Joint trial—Trial a nullity in case of one accused—Trial not a nullity in case ofco-accused. Criminal Procedure Ordinance, section 287 (1)—Accused without Counsel not informed ofhis rights at close ofprosecution case—Co-accused with Counsel. Facts Where at the close of…

S. D. Ojo V. Jean Abadie (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Res judicata—same issue off acts in former action—parties to put whole case before Court—estoppel despite fresh evidence. Facts There was a dispute over the sale of a car. The parties agreed for the sale, for a purchase price…

A. Y. Ojikutu V. Francis E. Odeh (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Defence put in late but before judgment—Judgment for plaintiff—Hearing on merits desirable. Facts “Blunders must take place from time to time, and it is unjust to hold that because a blunder during interlocutory proceedings has…

Mustapha Rufai Ojikutu V. Bintu Fatumo Fella (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Estoppel—Res judicata—Judgment not put in—Person denying that he was bound thereby—No evidence that he was.Executors and Administrators—Trustees—Beneficiaries under will suing for account. Facts The plaintiffs (now appellants) sued as beneficiaries under a will for an account of…

A. Y. Ojikutu V. Arbuckle Smith & Co. Ltd. (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Defendant re-opening his case before judgment. Facts The respondents, plaintiffs below, sued the two defendants for breach of contract, and obtained judgment; only the second defendant appealed. The plaintiffs’ case was that the…

Chief Eke Oja & Ors V. Chief Kanu Ukpai (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Inter-Tribal Boundaries Settlement Ordinance (Cap. 95)—Tribes in adjoining provinces—Resident of one province reviewing inquiries in two provinces. Estoppel and res judicata—Decision that there is no boundary dispute betweentribes. Facts Section 3 of the Ordinance provides…

J. T. Ogunsanya & Anor V. Arab Brothers Limited (1952) Landlord and Tenant—Town Council Notice to demolish—refusing to quit—Landlord demolishing without Court order to evict—Increase of Rent (Restriction) Ordinance, sections 12 and 13 (1) (a), and second Schedule, Para. (g). Facts In the Court below the plaintiffs sued the defendants, who were their landlords, for…

Comfort Ogunkoya & Ors V. J. E. Peter (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Damages—Onus on plaintiff to furnish facts in case under Fatal Accidents Act.Appeals in Civil Cases—Damages—Test of intervention on appeal. NOTE on Appeal No. 206/1953. In a claim for damages under the Fatal Accidents Act the plaintiff…

Emmanuel Ogundipe & Ors V. The Queen (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Code, section 422—” By deceit or fraudulent means ” affect entiresection. Facts The appellants, who were in a position to influence members of a union of labourers, demanded from contractors higher rates than had been usual;…