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Damiana Ajike V. Simon I De Souza (now deceased) & Ors (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Statute of Limitations—Absolute acknowledgment of debt or unqualified, unconditional promise to pay is necessary to take case out of Statute—Conditional promise to pay where condition not performed insufficient—Unless there is a clear acknowledgment…
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Omanhene Kwamin Bassayin & Anor V. Omanhene Bendentu II (1931) LawGlobal Hub Judgment Report – West African Court of Appeal [Delivered by LORD RUSSELL OF KILLOWEN.] This appeal arises in a litigation between the Stool of Aowin as plaintiff and the Stool of Upper Wassaw as defendant, the main question in the litigation being what…
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Ronald Ayodele Ajayi & Anor V. A. W. B. Abina & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Devise of real property in Wiltpowers of executors and trustee,under English Act of 1925 not applicable to Nigeria—applicatio) of Land Transfer .Act 1897 to Nigeria—valid Mortgage bi executors. Facts The material facts…
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Akpan Obong Udofia & Anor. V. Okon Akpan Udo Afia Of Ibikpe & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for declaration of title—Effect of failure to establish boundaries –desirability of making plan of land in question part of judgment. Held : The judgment of the Court below is…
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Union Trading Company, Limited, Of Basel In Switzerland & Anor V. Walter Hauri Of Seon In Switzer-land, Now In Accra (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for damages for breach of contract and an injunction to restrain from a specified employment—Defendant an ex-employee of Plaintiffs with salary owing to…
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The United Africa Go. Ltd V. Paul Jazzar As Surety For John Naoum—Deceased (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Action on a guarantee—nature of business normally involving indebtedness of principal debtor—non-disclosure of amount of indebtedness at time of signing does not discharge guarantor from liability—Appeal dismissed. Held : Since the…
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Chief Kofi Teng V. N. J. Annan (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for a declaration of title and recovery of l’ossession–sale to Plaintiff of property previous to an attachment against the vendor —conveyance to Plaintiff subsequent to attachment—sale by auction under attachment to the Defendant—Plaintiff non-suited in an…
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Emmanuel Nelson Tamakloe V. The Basel Trading Company Limited (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for rent under a concession Tithin the meaning of the Concessions Ordinance–rent payable goz.ertteri by certificate of validity—section 29 debars plaintiff-appellant from succeeding. Held : It is impossible to ignore as neither good nor…
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Sowartey Tagoe & Ors V. Theophilus Kwablah Otibo & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Case stated on the question of a claimant’s remedy after previous striking • out of an interpleader action—question of a fresh action considered. Held : The remedy of the Claimant after his first action…
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The Stool Of Oyoko Per Oyokohene Nana Ko Jo Agyekum & Anor V. Obaa Panin Yaa Mainoo & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for damages for trespass and declaration of ownership—interpretation of an executive decision—Appeal dismissed. Held : The Chief Commissioner rightly interpreted the executive decision .…