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Isaac Cobblah Fiscian As Head Of Aruna Family V. Henry Asumah Kwaku Nelson & Anor (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Declaration of Title—Laclses and acquiescence—Thirty years possession ofdefendant—Expenditure on land by defendant—Gold Coast Courts Ordinance,section 74—Title by prescription—Native Customary Law. Facts On a claim by the appellant for a…
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Mary Ekem-daughter Of Peter Henry Johnson Deceased V. Ekua Nerba—widow Of Peter Henry Johnson Deceased (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Land at Cape Coast owned by deceased foreigner who married two Fanti women—Applicability of Fanti customary law—Estoppel—Native Courts (Colony)Ordinance, section 15. Estoppel per rem judicatam operates only as between…
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Chief Ekeleme Substituted By Chief Peter Nnochiri Oriaku V. Ugwuiro & Ors (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Appeal one day out of tirne—No special leave toappeal obtained—Suit begun in Native Court—Appeal to District Officer,and thence to Resident—Rehearing in Magistrate’s Court ordered by Residentpursuant to Native Courts Ordinance,…
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Dadiesuabahene Kwesi Edusei V. Akosua Denkye (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Native Court Procedure—Inspection of locus in quo—Native Courts (Ashanti)Ordinance, section 10. Where a Native Court decides that inspection of the locus should be made, it is not necessary for all the Court members trying the case to attend…
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Dogbe Abortsi V. Sosu Avulete (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Case stated—Procedure on re-hearing under Native Courts (Colony) Ordinance,1944, section 50. When the Land Court of the Gold Coast, sitting in its appellate capacity, decides to re-hear a cause in whole under section 50 of the Native Courts (Colony)…
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Daniel Diep & Anor V. R. T. Briscoe Ltd. (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Interpleader—Equitable charges held by Claimant and Judgment-Creditors-Release of charged property from attachment—Rules of the Supreme CourtOrder XI-IV, rule 25. Facts In interpleader proceedings, the appellant, as claimant, and the respondents, as judgment-creditors, established that each…
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Dawodu V. Ijale (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Landlord and Tenant—Emergency Legislation—Rights of sub-tenant onexpiry or other termination of head tenancy—Statutory tenancy. Where a sub-tenant, lawfully in possession, holds over after the termination (by expiry or otherwise) of the term created by the head lease, he becomes, by virtue…
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Mustapha S. B. Dawodu V. Sabina Gomez (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Dismissal or Non-Suit–Supreme Court (Civil Procedure) Rules (Nigeria) Order XLV, rule 1—Lacuna in evidence for plaintiff. Facts It is impossible to lay down any hard and fast rule as to the proper occasions when a…
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Dau V. Kano Native Authority Police (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Joinder of Offences—Construction of Criminal Procedure Ordinance sections156 to 161. Sections 157 to 161 of the Nigeria Criminal Procedure Ordinance are intended to define the cases of exceptions to the general rule for separate trials of distinct offences…
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Chief Yaw Damoah Of Contrajesu As Representing The Stool Of Contrajesu And As Kyidomhene Of Dormaa On Behalf Of The Omanhene Of Dormaa V. Chief Kofi Taibil Of Susuansu As Representing The Stool Of Susuansu & Anor (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Constitution of Native Court—Native Court of first…