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Thomas Pinnock V. G. B. Ollivant & Co., Ltd. & Ors (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Sale under Mortgage Deed—Damages for terongful sato—Lapse of time between expiration of notice and sale–Money received on account of Mortgage debt after sale—-Surety-Mortgagor entitled to notice of exact amount owing by Principal Debtor…
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T. B. A. Newton V. J. Laud Apponsah (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass to land—Evidence, otherwise inadmissible, when brought nut in crams-examination was not misreceived—Report following a consent Order by Court -of reference to a Surveyor not binding where Surveyor unable to make definite report—burden of proof in…
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Sule Noibi & Ors V. Imam Ajose & Ors (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Held : Original purpose of the trust must be the guide. The facts are fully set out in the judgments. L. B. Agusto for Appellants. A. Alakija and fibril Martins for Respondents. The following judgments…
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Shule Akese V. Fatumo (1935) LawGlobal Hub Judgment Report – West African Court of Appeal Power of Transfer of Resident from Native Court to High Court—Sec. 25 Cap. 5. Judgment was entered in the Native Court, Calabar, for 211 ls. 6d. and costs in favour of plaintiff against defendant. On review by the District Officer…
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Sasraku III & Anor V. Sir E. Mate Kole & Anor (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for an account for moneys received under an agreement—Document tendered in evidence. Held: Document, even if genuine, fails to disclose respondent to account, and appeal dismissed. A. Saw yerr (with him Nei…
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Sarkis Madi V. Michael Abdallah (1931) LawGlobal Hub Judgment Report – West African Court of Appeal [Delivered by LORD TommE.] In the action instituted in the Supreme Court of the Colony of the Gambia, out of which this appeal arises, the appellant was sued by the respondent for a declaration that an agreement dated the…
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Samuel Barlatt V. Dimitri Yanni (1935) LawGlobal Hub Judgment Report – West African Court of Appeal Taxation of Bills of Costs as between Solicitor and-Client-Jurisdiction of Courts therein.The facts of the case are sufficiently set out in the judgment.AppealC. J. Kempson (C. E. Wright with him) for the Appellant. The following judgment was deliveredSupreme DEANE,…
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Safuratu Taylor V. Edgar Durojaiye Taylor & Anor (1935) LawGlobal Hub Judgment Report – West African Court of Appeal AppealClaim, for Debts due by an Estate—Motion for payment out offrom Inter-Court of deposited ‘moneys refused—Application: or otherwiselocutoryof English Administration of Estates Act 1925 under sectionjudgment16 of Supreme Court Ordinance (Cap. 3). Held: Present matter not…
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Robert Koney V. Union Trading Co. Ltd (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Statute of Limitations—Period for bar begins from date action could have been taken—Application—Sections 14 and 19 Supreme Court Ordinance—Generally applicable under Section 14 but excluded in certain circumstances under Section 19— Discussion of these circumstances—Before importing Native…
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Rex V. Theophilus Adenuga Tunwashe (1935) LawGlobal Hub Judgment Report – West African Court of Appeal Application for Bail under Section 17 (2) of West African Court. of Appeal Ordinance (Ordinance 47 of 1933) to single Judge of Court of ,Appeal—Condition.y governing grantipg of bail. This is an application for bail pending the hearing of…