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Chief Efiong Enebiet Efiom Duke & Ors V. Etubom George Duke Henshaw Of Henshaw Town, Calabar (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Failure by plaintiffs-respondents to show their authority to sue in a representative capacity—necessity for a non-suit—failure by defendant-appellant to raise issue results in deprivation of costs in Court…
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Chief Kweku Dadzie & Ors V. Atta Kojo & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for declaration of title awarded by Native Tribunal and-reversed by Provincial Commissioner—Plaintiff having waited for 12 years before attempting to establish his right, it is not extinguished by lapse of time— appeal allowed.…
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The Chairman, Lagos Executive Development Board V. W. F. Onimole & 11 Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Proceedings under Part VII of the Lagos Town Planning Ordinance (No. 45 of 1928)—Originating Summons under sections 44 and 45 of the Ordinance—procedure—res judicata—onus of proof—case remitted. Part VII of the…
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Nana Kweku Bofa & Ors V. Nana Kofi Kum & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Construction of section 8 of the West African Court of Appeal Ordinance considered—Kudiabor v. Kudanu (hitherto unreported, non’ printed after this report) followed and appeal dismisSed. Held : No jurisdiction to hear the…
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George Asafu-ad Jaye (Adonten-nene) V. John Holt & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for commission on cash sales made with approval of the Agent. Held : The Plaintiff-Appellant’s agreement cannot be construed so as to entitle him to commission on all cash sales, but only on those…
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Yaw Anane As Successor To Akwesi Sarkodieh (Deceased) Of Aduam V. Kwabena Efriyea (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Action commenced in Native Court transferred to Chief Commissioner’s Appeal Court—Interlocutory judgment that mailer was not res judicata— from adecisionquestion raised again before a different Chief Commissioner and of Chiefcontrary ruling…
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Alfred Glomani Armah V. Rex (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Failure to call an eye-witness of the transaction not fatal to conviction. Appeal dismissed. Held : It is a matter of severe comment that an eye-witness of the all-important transaction was not called as a witness, but the failure…
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Ad Joa Aduwa V. G. O. Abosi (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Action for trespass and for an Order to set aside a sale under writ of Fi. Fa.–proposal of an alternative security which did not materialise. Held : There had been no unconditional release of the security held…
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Nchirahene Ko Jo Ado V. Buoyemhene Ko Jo Wusu (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to establish right of ownership—Test as laid down in Kodwo Nkoom v. Kwamin Etsiaku (1922) F.C. followed and Appeal dismissed. Held : The fact that the defendant has spent money on improvement of the…
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Adabla, etc. V. Gbevlo Agama & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Proceedings originally commenced in Native Tribunal of Ada—appeal to Provincial Commissioner’s Court—further appeal to this Court in which Provincial Commissioner’s judgment set aside and Native Tribunal’s judgment restorel–on appeal to Privy Council case remitted to this Court…