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Okwosa Odua & Ors V. Nwanze & Ors (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Title to Native land—Prayer for Title and injunction—Jurisdiction of Trial Court–” Res Judicata” discussed. The facts of this case are sufficiently set out in the judgment. • C. W. Clinton for Appellant. M. Thompson for Respondents.…
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Ohene Moore V. Akesseh Tayee (1935) LawGlobal Hub Judgment Report – West African Court of Appeal [Delivered by Law ArazN.] This is an appeal from the judgment of the West African Court of Apveal, Gold Coast Session,o) reversing a judgment of the Provincial Commissioner of the Western Province who had reversed a juagsient of the…
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Ohene Kojo Sintim & Ors V. C. M. Apeatu (1935) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to set aside sale of land and for perpetual injunction to restrain interference with possession and occupation—By Native Law and Custom a Sub-chief cannot alienate land under his control without consent of his overlord—Onus…
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Obeng Akesse V. Odikro Takie Ababio (1935) LawGlobal Hub Judgment Report – West African Court of Appeal Cross actions for declaration of title and injunction consolidated—Weight of evidence—Duty of Appeal Court discussed. Held : Appeal dismissed. The facts are sufficiently set out in the judgment. A. Caseley Hayford (with him Korsah) for Appellant. J. Henley…
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Netherland Distillery V. J. H. Henkes Distillery (1935) LawGlobal Hub Judgment Report – West African Court of Appeal Decisions of Full Court, Nigeria, not binding on Divisional Court, Gold Coast or West African Court of Appeal—Opinions of deponents as to resemblance of Trade Marks not receivable in evidence—Absence of evidence that anyone was confused or…
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Michael Adballah V. In re Ladepon Thomas (1934) LawGlobal Hub Judgment Report – West African Court of Appeal In this matter the appellant -defendant in the Court below Gambia. appealed against an order made by the Supreme Court of the Gambia ordering him to pay to the plaintiff the sum of /3221 with costs of…
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Martin Nortei Codjoe & Ors V. Emmanuel Kwatchey & Ors (1935) LawGlobal Hub Judgment Report – West African Court of Appeal Declaration of title to land and buildings—Influence of previous proceedings and judgments on mind of trial Judge—Weight of evidenec—Function of Appeal Court in respect of facts found by Court below—Distinction between family and personal…
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Kweku Baa & Anor V. Nyarku Kweku IV (1935) LawGlobal Hub Judgment Report – West African Court of Appeal [Delivered by LORD ATKIN.] This is an appeal from a judgment of the West African Court of Appeal which dismissed the appellants’ appeal from the decision of Yates J. in the Divisional Court for the Central…
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Kwamina Kuma V. Kofi Kuma (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for a declaration of Title to land—Burden of Proof was on Plaintiff—Evidence not sufficient. Appeal Held: Plaintiff should have been non-suited at trial for failure to from adduce evidence sufficient for defendant to be called on to r(ply.…
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Kwaku Kumi & Anor V. Amaka Otchere (1934) LawGlobal Hub Judgment Report – West African Court of Appeal Leave to Appeal under section 77 (1) of Native Administration Ordinance—Provision in section 77 (2) for payment of costs or deposit before granting leave—Actual costs must be paid or deposited—No discretion in Commissioner to estimate amount of…