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Kpakpa Dogah & Ors V. Fiagbenu Kwasinye (1931) LawGlobal Hub Judgment Report – West African Court of Appeal Hebeas Corpus—Rule Nisi Discharged—Appeal–Person Detained at Large. An appeal does not lie in any case of proceedings for or upon a writ of Habeas Corpus when at the time of bringing the appeal the person alleged to…
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Kweku Danso & Anor V. Kuturka Yardom (1930) LawGlobal Hub Judgment Report – West African Court of Appeal Practice—Writ of Possession—Rules of Supreme Court, Order XLV rule 5, Schedule 2—Interpleader. The Appellant had been successful in a land dispute and obtained a writ of possession from the Court. The Respondent claimed that he occupied certain…
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Con Enq. No 939 (Accra) Came Ofori Atta Afircan Selection Trust Ltd (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Concession enquity–Opposition to grant of a Certificate of Validity—Breach of covenant between grantors and opposers—Breach of contract of service between claimant and opposers—Section 12 (3) of Concessions Ordinance—Litigation in the Gold Coast…
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C. Boi Owusu & Anor V. Manch of Labadi (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Rival claims to compensation under the Public Lands Ordinance between a Stool and two of its subjects—Proof of long and uninterruped user of some Stool land by those subjects—Such user not sufficient by itself to…
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Emma C. Bruce V. Tom Boevey Barrett (1931) LawGlobal Hub Judgment Report – West African Court of Appeal Practice—Issue of Writ—Leave to serve out of Jurisdiction—Order for Substituted Service—R.S.C. 2nd Schedule, Order X rules 9-11—R.S.C. 1st Schedule Order 111 rule 5. Facts The defendant in this suit was outside the jurisdiction when the suit was…
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Assampong V. Chief Kweku Amuaku & Ors (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass to land—The unrecorded decision of a body of persons who were neither members of a Court of Justice nor Arbitrators may constitute a res judicata in such a case. Facts In an act on for trespass…
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Ohene Appon Ababio V. Ohene Doku Kanga (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Boundary dispute—Claim for demarcatimi of boundary between two divisions of one State—Res judicata—Weight of evidence—Longpossession. Facts The plaintiff, in his representative capacity as Ohene of Assents in the State of Eastern Akim, instituted a suit in the…
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Cudjoe Amuakwa V. Kwa Gurah & Ors (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Undefended List—Order 2 rule 11 of Schedule 2—No grounds of defence shown—Refusal to grant leave to defend—Review of such refusal. Facts Two suits for liquidated money demands were entered for hearing in the ” Undefended List ”…
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Amokwandoh V. United African Co. Ltd & Anor (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Lease by a native A. not purporting to contract in any representative capacity to a European Firm—Judgment of a Native Tribunal prohibiting A . from collecting any rents under the lease and declaring B. as head…
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Agbo Kofi V. Addo Kofi (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Native Customary Law—Pledge of land on sale -thereof—Lapse of time no bar to recovery of land pledged in accordance with native customary law—Concurrent findings of fact in a Native Tribunal and a Provincial Commissioner’s Court. Facts In or about…