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Deceased Kweku kodieh V. Nana Kwami Affram (1930) LawGlobal Hub Judgment Report – West African Court of Appeal Administration—Native Custom repugnant to justice—Equity and Good conscience—Slavery Abolition Act, 1883. On the death of one Kweku Damptey, the plaintiff and defendant each claimed to be entitled to administer the estate. The plaintiff based his claim on…
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Doku Kugblawe Of Awunaga V. Agobodjo Agboada Of Awunaga (1931) LawGlobal Hub Judgment Report – West African Court of Appeal Land—Native Administration Ordinance—Judgment of Native Tribunal. Suits relating to land in which all the parties are natives having been excluded by legislation from the jurisdiction of the Supreme Court, a Native Tribunal is, when deciding…
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Kojo Etsia V. Kwa Amissah & Anor (1930) LawGlobal Hub Judgment Report – West African Court of Appeal Practice—Native Administration Ordinance—Power of Provincial Commissioner to transfer to Divisional Court. Under section 71 of the Native Administration Ordinance (Cap. 111) a Provincial Commissioner had transferred a case to a Divisional Court. The Court held that under…
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Kofi Antu V. Ohene Kweku Buadu (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Suit before a Native Tribunal—Motion before the Provincial Commissioner’s Court to transfer the Suit to another Native Tribunal under section 71 of the Native Administration Ordinance –Order made transferring the suit to the Divisional Court—Review of that Order…
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Kobina Foli V. Obeng Akese (1930) LawGlobal Hub Judgment Report – West African Court of Appeal Arbitration—Reference by Court—R.S.C., 2nd Schedule, Order 52—Motion to set aside award—Principles on which Court proceeds—Scope of reference. The ground that an award is ” mistaken in law or not justified by the evidence,” is not a ground which can…
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Kamanda Bongay & Anor V. F. S. Macauley (1932) LawGlobal Hub Judgment Report – West African Court of Appeal Land in the Sierra Leone Protectorate—Long continued possession by non-native with consent of Tribal Authority—Claim that such possession had ripened into absolute ownership—Defiance of Paramount Chief’s authority—Forfeiture by non-native of all his interest in the land…
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Paramount Chief Kamanda Bongay & Ors V. F. S. Macauley (1931) LawGlobal Hub Judgment Report – West African Court of Appeal West African Court of Appeal—Rules 10 and 11—Different times within which Application for leave to Appeal may be Entertained—Interpretation. The fact that a party may apply to the Court of Appeal for leave to…
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G. VALENTINE FELIX & Anor V. H. C. BANKOLE-BRIGHT (1930) LawGlobal Hub Judgment Report – West African Court of Appeal Practice—Application for leave to appeal to Privy Council—Amount of judgment debt below appealable limit costs. Where a n appeal does not lie for mattes* in dispute below a certain value, the costs awarded cannot be…
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Fattou N’Jie V. Richard James Hall (1931) LawGlobal Hub Judgment Report – West African Court of Appeal Landlord and Tenant—Tenancy at Will—Possession for twelve years withow paying rent—Limitation Acts, 1833 and 1874—No necessity for adverse possession. The Plaintiff wag in the year 1913 put in occupation of certain property rent-free by one Hall. Hall died…
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Duvat & Anor V. Louis Orcel (1931) LawGlobal Hub Judgment Report – West African Court of Appeal Practice—Appeal—Date of Fa* of-Motion—Date of Application– judicature Act, 187k section 25 (6)—Assignsund of Right of Actiow—No Notice to lhattoc—Negligence.–Common Carrier– Act of God—Onus 4 Pro4 Facts A motor car belonging to one Huchard was lost in the River…