C. H. Smith V. Societe Commerciale De L’oust Africain (1932)

LawGlobal Hub Judgment Report – West African Court of Appeal

Agreement for commission on amount of Judgment—Champerty– Maintenance.

Facts

In an action for an amount claimed by the plaintiff as commission for the recovery of debts due to the defendants it was held by the Judge of the Circuit Court of Ashanti that the agreements for the recovery of such commission were champertous, and judgment was therefore given in favour of defendants.

Held

That although the English Common Law as to Champerty and Maintenance was in force in Ashanti, the agreements upon which this action was brought were not champertous.

The appeal was therefore allowed.