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Osei Kofi V. J. E. Mensah (1930) LawGlobal Hub Judgment Report – West African Court of Appeal Sale of Goods—Payment by instalments—Agreement by purchaser to allow goods to be seized on failure of instalments not binding on purchaser. When an outright sale of goods takes place and the purchaser makes default in paying the agreed…
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Osam Dadzie V. Attorney General (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Governor’s Order under section 121 of the Native Administration Ordinance—Application to remove the same into the Supreme Court for the purpose of quashing it—Section 35 of the Native Administration Ordinance—No jurisdiction. Facts On an application for a rule nisi…
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Okaikor Chru (Afieye substituted) V. R. S. Sackey (Muffat substituted) (1930) LawGlobal Hub Judgment Report – West African Court of Appeal Practice —Native Administration Ordinance, section 77 (2) — Condition precedent to leave to appeal—Condition not performed—Court wtihout jurisdiction to hear appeal. The Appellant, who had been unsuccessful in a case before the Tribunal of…
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Ohin Moore V. Akesseh Taye (1932) LawGlobal Hub Judgment Report – West African Court of Appeal Judgment of Native Tribunal—Leave to appeal granted though no payment or deposit of costs under section 77 (2) of the Native Administration Ordinance—Court without jurisdiction to hear appeal. Facts On the 28th of August, 1931, the Native Tribunal of…
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Mary Afua Nelson V. Samuel Quarshie Nelson (1932) LawGlobal Hub Judgment Report – West African Court of Appeal Native Customary Law—Death bed disposition (Simansitv) appointing defendant, a child of the deceased, to look after the interests of his brothers and sisters—defendant not the head of the family as that term is understood in Native Customary…
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Nana Sir Ofori Atta V. Nana Kwaku Amoah (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Arbitration—The Arbitration Ordinance—Motion to set aside—Alleged Incompleteness of Award—Alleged inconsistencyParamountcy—Proof of Arrangement or Custom—Award binding if good on its face. Facts The parties submitted certain matters in difference between them to an arbitrator who duly made…
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Nana Kwaku Amoah II & Ors V. Nana Sir Ofori Atta & Ors (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Concessions Ordinance—Enquiry into the validity of several concessions—Opposition from paramount chief claiming a one-third share of the rents—Condition inserted providing for the endorsation of the Paramount Chief’s claim if and when…
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Eliza Morris V. John Monrovia (1930) LawGlobal Hub Judgment Report – West African Court of Appeal Contract—Persons living in concubinage Money contributed by both towards erection of house—Death of one of the persons—Claim by other for money she contributed disallowed. The Plaintiff and one Weatu lived in concubinage, and during the course of this relationship…
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Rose Anna Miller V. Kwad Jo Kwayisi (1930) LawGlobal Hub Judgment Report – West African Court of Appeal Equil_v—Acquiescence–Estoppel–Native Custom not applied—Certificate of Purchase—-Title not indefeasible. On the 14th December, 1925, the defendant purchased certain land at a Court sale and was granted a certificate of purchase with respect thereto. The plaintiff claimed portion of…
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Nee Mensa Larkai V. Amorkor Alias Ashiety & Ors (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Family stool—Headship of family—Family property—Succession-Long continued possession—Individual ownership–Ga customary law. Facts A dispute arose concerning a plot of land at Accra, and all the parties concerned and those through whom they claimed title were of…