Kai Tongi V. Sulaiman Kalil (1953) LJR-WACA

Kai Tongi V. Sulaiman Kalil (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Real property—Land allocated to member of tribe—Member’s right to occupy. Tort—Trespass—Occupier’s right to sue.Practice arid Procedure—Non-suiting plaintiff. Facts Appellant (plaintiff below) sued respondent (defendant below) for trespass and recovery of possession; the respondent pleaded that appellant was not the […]

Enterprise J. Tonazzi V. Bruno Brunetti (1953) LJR-WACA

Enterprise J. Tonazzi V. Bruno Brunetti (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in Civil Cases—Findings of fact—Inadequate consideration of the evidence.Contract—Master and Servant—Summary dismissal for neglect and insubordination. Facts The plaintiff, a carpenter, obtained judgment for damages for wrongful dismissal. The trial Judge found that the real dispute was […]

S. M. Timitimi & Ors V. Chief Amabebe & Anor (1953) LJR-WACA

S. M. Timitimi & Ors V. Chief Amabebe (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Distinction between competency and irregularity or error of law or fact—Inferior Courts.Native Courts—Court unlawfully constituted.Evidence—Judgment delivered by Court without jurisdiction admitted but not affecting decision of case—Ordinance, section 52; section 225 (1). Facts Section 52 provides […]

Amadu Wooroh Timbo V. Kofie Jalloh (1953) LJR-WACA

Amadu Wooroh Timbo V. Kofie Jalloh (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Wills—Devise of house to some sons “to be used is family property”— Construction. Facts The will read thus: “To my natural sons Alimany Janneh and Mormodu Janneh my house and premises at Jenkins Street in which I at […]

Thamu Of Guyuk V. The Queen (1953) LJR-WACA

Thamu Of Guyuk V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Insanity—Criminal Code, section 28—Accused suffering from delusions—Accused knowing he was doing wrong. Facts Section 28 of the Criminal Code provides that:— “A person is not criminally responsible for an act or omission if at the time of […]

Julius Noi Tetteyfio & Anor V. Daniel Christopher Awuku (1955) LJR-WACA

Julius Noi Tetteyfio & Anor V. Daniel Christopher Awuku (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Real Property—Mortgage—Subsequent sale by mortgagor and order for specific performance and conveyance—Sale by mortgagee—Neither purchaser aware of mortgagor’sfraud—Position as between purchaser from mortgagee and purchaser from mortgagor. Facts The owner first mortgaged the property to […]

Theodore Taylor V. Bernard Tsevi Agbanavor (1954) LJR-WACA

Theodore Taylor V. Bernard Tsevi Agbanavor (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Administration—Administrator selling land ultra vires—Rights, of purchaser against administrator personally.Appeals in Civil Cases—Amending judgment on appeal—W.A.C.A. Rules, 1950, rule 36. Facts The above rule provides that “The Court (of Appeal) shall have power to give any judgment and […]

Mai Sundu V. Commissioner Of Income Tax (1955) LJR-WACA

Mai Sundu V. Commissioner Of Income Tax (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Income Tax Ordinance—Section 57 (4)—Appeal against assessment—Onus on appellant to prove it is excessive. Facts Section 57 (4) of the Ordinance provides that the onus of proving that the assessment complained of is excessive shall be on […]

Josiah Sobanjo V. Adesina Oke And Ogunsanya Onabote (1954) LJR-WACA

Josiah Sobanjo V. Adesina Oke And Ogunsanya Onabote (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Real property—Onus on claimant—Defendant in possession. Facts The claim was (inter alia) for a declaration of title to certain land; it stated the eastern boundary as the farmland of a certain family and the southern as […]

Dr. Walter Silvera V. General Manager, Nigerian Railways (1952) LJR-WACA

Dr. Walter Silvera V. General Manager, Nigerian Railways (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Negligence—Accident—Plaintiff not exercising reasonable care. Facts The case arose out of an accident in the dark at a level crossing. A little higher up the line passed through a cutting which blanketed the sound of whistling; […]