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Dovlo Kudiabor V. Ijutohoke Kudanu (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Construction of section 8 of the West African Court of Appeal Ordinance considered and its limitations explained—appeal dismissed. Held : No jurisdiction to bear the appeal. Section 8 of the West Airican Court of Appeal Ordinance limited to appeals…
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F. & M. Khoury V. Najib Teymani Trading Under The Name & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal in the case of two consolidated interpleader proceedings–Question of validity of previous Letter of Hypothecation granted by Defendant to 1st Respondents—Subsequent Bill of Sale granted to 2nd Respondents. Held :…
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Thomas Hutton-mills V. Omanhene Kwaku Nkansah II & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Contract governed by English law—Words with a fixed meaning in a written contract cannot be explained by oral evidence to ‘mean something different from what they express–Power of Attorney to give Respondent power to re-enter…
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Thomas Hutton-mills V. Omanhene Kwaku Nkansah II & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Application for an order consequential to a previous judgment of the Court to the effect that a judgment of the Divisional Court should be varied by the order for costs in favour of Plaintiff-Respondent being…
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Holt & Co. (Lpool) Ltd. V. Oduguwa (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Administrairix-Respondent.Application made under Order 51 Ride 2 of the Rules of Supreme Appeal fromeallCourt. The Judge refused the application on the ground inter alia that the rule only Nigeria. applied to property outside the jurisdiction. Held :…
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George Grant ‘& Co. V. J. P. Seraphim & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Consolidated claims to set aside tivo attachments in execution of a decree—Appellant being a brother of the judgment-debtor produces a deed of assignment to himself as mortgagee in possession as security for a debt…
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Kwesi Faaban & Ors. V. A. C. Mansu & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from a judgment based on the award of an arbitrator—wrong view of award taken by Trial Judge—arbitration not rendered invalid in consequence for lack of jurisdiction—appeal dismissed. Held : The fact that the…
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M. Elkali And Another V. Nayif Fawaz (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Action for damages for breach of contract for lease of landNon-registration of a document renders it inadmissible under section 15 of Land Registration Ordinance, 1924.—Appeat allowed. Held : The objection to the admission in evidence of a…
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Alu Eko Of Ora V. Uhere Ugwuoma And Ors. Of Amaozara (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal against a judgment of the High Court allowing an appeal from the Magistrate’s Court—question of res judicator of a matter previously tried by a Native Court. Held : The Magistrate was correct…
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Edem Umo Edem & Anor V. J. Chief Oyo Edet (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Case transferred to the High Court under sec. 25 (1) (c) of No. 44 of 1933 as amended by No. 16 of 1936—p/ea of res judicata raised in Native Court and rejected—rejected also by…