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Foday Massaquoi V. Paramount Chief Yamba Kunyafoi (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Case stated—Claim between natives for moneys lent and disbursed—Effect thereon of section 39 of Ordinance 40 of 1992—Has the Circuit Court jurisdiction ? The facts of the case are sufficiently set out in the case stated, which…
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Evan Shanu V. Gabriel Bickersteth & Anor (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Payment by Order of Privy Council of costs by an Executor following an unsuccessful appeal—Interpretation of Order. Held : Costs personal unless Order expressly states otherwise. The facts are sufficiently set out in the judgment. O. Alakija…
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Eric Annan Ogoe & Anor V. The Inspector-General of Police (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from Divisional Court, Gold Coast, exercising Appel-late jurisdiction There is no necessity to set out the facts.ticm. R. S. Blay for Appellants. A. J. Ainlie for Respondent. The following joint judgment was delivered…
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Egyir Ababio V. Kwodwo Tsia & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Preliminary objection—Article 9 (2) of West African Court of Appeal Order-in-Council as amended only empowers a single Judge to act in a civil appeal when it is ” pending “—Appeal not ” pending ” until final leave…
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Egyir Ababio V. Kwodwo Tsia & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for ejectment—Original trial in State Council—Appeal therefrom to Provincial Commissioner’s Court—Application for conditional leave to appeal made ex parte within time but notice of appeal to respondent given out of time—Objection taken and overruled. Held :…
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Efefiom Eyamba & Ors. V. Joseph Kouri (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for possession of land and removal by defendant-respondent of buildings thereon—Land bought at public sale under execution order of Court—Native Lands Acquisition Ordinance, Cap. 89 of Laws of Nigeria—Effect of sections 3 and 4 thereof. Held…
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Disu Akiyemi Oshodi V. Kaliatu Imoru & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Family property—Setting aside of sale—Reversionary interest—Acquiescence as a bar to ejectment and acquiescence sufficient to pass title. Held : Finding of acquiescence by plaintiff’s family was wrong and plaintiff entitled as against first defendant to have…
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Daniel Cobbina & Anor V. Kweku Edusei (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to rectify or rescind Deed of Mortgage and for an account, etc.— Appeal fromjgme ofmen Reference to referee—Deposit or payment by Surety without know-ud Supremeledge of principal debtor ?f—Finding in Lower Court that it was Court.…
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Chairman, Lagos Executive Development Board V. Public Trustee & Anor (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to set aside a partition of lands after acquisition thereof by Appeal immjudgmen t ofplaintiff under the Lagos Town Planning Ordinance, 1928. Held : Appeal dismissed, but judgment of Court below varied in…
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Brobbey V. Yaw Kyere (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Administration Suit—Claim by Plaintiff-Appellant to Administration dismissed following entry of caveat showing, inter alia, matter already dealt with by competent native Court. Held : The matter is res judicata, and the appeal is dismissed. The facts are sufficiently set out…