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Kewalram Chellaram V. Ghansham & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Case stated—Preliminary objection to hearing—Power of trial Judge to refer to Court at any stage of proceedings—Section 4 West African Court of Appeal (Civil Cases) Ordinance, 1929 (No. 9 of 1929). Held : Macquarrie, J., dissenting, case stated…
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Joshua Asiedu V. Yao Amoh (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Want of jurisdiction alleged in Court of Provincial Commissioner on two grounds, viz, faulty date in Notice of Appeal, and leave to appeal not obtained from Court of Trial. Held : Tay v. Williams and Animle v. Otibo not…
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Kasumu Shomade & Anor V. Ramotu Ogunbiyi & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Suit for order to set aside a conveyance and a mortgage deed—Claim not substantiated by evidence—Application to amend refused. Held (Petrides, C.J., dissenting) : If substantial justice can be secured by an amendment of pleadings,…
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Jonathan Ade Olujomoye V. Rex (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction under Section 309 of Criminal Code—Meaning of ” any Appeal from instrument or thing “—Constructive possession—Evidence in Conviction111rebuttal when defence raises no new facts. Held : Meaning of ” thing ” not to be restricted tb a thing…
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John Amponay V. Martin Teyi (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for damages for trespass—Original judgment upset by Provincial Commissioner on facts. Held : A judgment in a land case of a native Tribunal should not be reversed unless clearly shown to be wrong ; appeal allowed and original…
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James Latunde Aderokun V. United Africa Co. Ltd (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Application for leave to appeal under Rule 11 of the West African Motion for Court of Appeal Rules. Held : In Court’s discretion to grant or refuse. Sir William Geary, Bart., for Plaintiff. R. F. Irving…
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J. J. Ocquaye V. L. Quarshie & Ors (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Costs before Native Tribunal unpaid—Leave to appeal refused—Section 77 (2) of Native Administration Ordinance. Appellant having failed applied to the Provincial Commissioner’s Court for leave on the ground that he was unable to pay the costs.…
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Hammond V. United Africa Co. Ltd. & Ors (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Attachment of person of judgment debtor under writ of Ca. Sa. when suing in representative capacity—Distinction between person representing stool and one suing as head of a family—In native law and custom head of family is…
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Hamilton V. Kofi Mensah (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for, damages for trespass—Cutting of growing timber-Application or otherwise of section 4 of Statute of Frauds and Concessions Ordinance discussed. Held : Appeal allowed and case remitted for re-trial.. The facts are sufficiently set out in the judgment. R.…
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Gold Coast & Anor V. Attorney-General of the Gold Coast (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Pleadings—Demurrer—Case can only be struck out on admitted facts— Appeal fromEffect of joinder of issue—Rules of Supreme Court of England only i1fiDg-AltJo alapplicable when local law is silent. Pleadings had been ordered, and after…