Amadu Fulani & Anor V. Bank Of British West Africa (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Contract—Will with trusts—Executor opening an estate account—Executor drawing cheques in breach of trust—Bank without notice of trusts. Facts By his will the deceased left his property to his executor in trust for his children.…

Nana Darku Frempong II V. Nana Owudu Aseku Brempong II (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Evidence in the case unsatisfactory—Onus of proof on plaintiff. Facts In the Court below the respondents as plaintiffs claimed a declaration of title to certain land; there was evidence of “traditional history”,…

G. F. Ferguson Of Dunkwa V. Sam W. Duncan (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Native Law and Custom—Application to transactions between natives— Exceptions where English Law is applicable—Onus to prove exception—The Courts Ordinance (Cap. 4), section 74. Facts The plaintiff lent a sum to the defendant on a common…

Joseph Fawaz V. J. F. Nabban (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Landlord and Tenant—Increase of Rent (Restriction) Ordinance—Schedule II, para, (i) and proviso—Question of greater hardship—Trial Court’s view.Appeals in Civil Cases—Trial Court’s view on greater hardship as between landlord and tenant—Principles on appeal. Facts The above-cited Schedule II, para,…

Olumuyiwa Faloye & Ors V. Abraham Olaniyan & Anor (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Fatal Accidents Act, 1846, section 4—Claim of damages by dependants. Tort—Negligence—Defence of inevitable accident—Case where onus on defendant.Appeals in Civil Cases—Findings based on inadequate view of evidence. Facts “Where an accident in the ordinary course…

Jacob Adeleye Fagbemi V. Inspector-General Of Police (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Summary trial in Magistrate’s Court—election—right to withdraw before plea taken—trial a nullity. Facts The appellant elected summary trial before the Chief Magistrate, but no plea was taken on that day, and the case was adjourned. On the…

Onyeama Ezenwa V. Samuel Ikegbunam Mazeli & Ors (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass to land—right of an executor in possession to bring action—joinder of plaintiffs after close of case but before judgment—Order IV, Rule 5 (1) Supreme Court (Civil Procedure) Rules—meaning of “hearing”—finding in previous suit as to…

Udeakpu Eze V. Samuel Igiliegbe & Ors (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Real property—Communal tenure in customary law—Onus to prove that one section only of a town is owner. The plaintiffs below claimed an account of rents suing on behalf of two quarters and alleging that the land belonged…

Odua Esiaka & Ors V. Vincent Obiasogwu & Ors (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Inter-Tribal Boundaries Settlement Ordinance—Boundary settled thereunder—Parties to the dispute.Estoppel—People whose title is involved standing by in dispute. Facts The appellants, as plaintiffs in the Court below, claimed for their people an area of land. The…

Joseph Kwamin Ofori Eshun V. Adwua Pantsiwia (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Wills—Probate—Illiterate testator—Civil Procedure Rules, Order 49, rule 29. Facts Order 49, rule 29 provides that:—“Where the testator was blind or illiterate, the Court shall not grant probate of the will, or administration with the will annexed, unless…