Nana Room Dadzie Iv V. Egyei Appiah And Kojo Akesseh (1954) Damages—Contract enabling seizure after notice—Seizure without notice—Award of contemptuous damages—Intervention on appeal. The defendants (now respondents) seized the plaintiff’s lorry for default in payment of the agreed instalments, and the plaintiff sued them for damages for wrongful seizure. The plaintiff agreed that there had…

The Commissioner Of Lands V. Winifred Arah (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Crown Lands Ordinance (Cap. 45), section 17—Action forforfeiture of tease— Notice.Appeals in Civil Cases—Pointfirstraised on appeal going to existence ofaction. Facts So far as relevant, the above section 17 provides that “if there shall be any breach…

Adekunle Coker V. Albert Farhat (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Real Property—Claim for possession—Defendant in possession—Plaintiff not proving any right to possession.Evidence—Recital in conveyance—Vendor dead—No foundation laid for secondary evidence of document mentioned—Evidence Ordinance, section 90 (1), (a) (i), (6) and proviso; section 96 (1). Facts Section 90 (1),…

West African Cocoa Producers Agency Ltd V. English And Scottish Joint Co-operative Wholesale Society Ltd. (1955) LawGlobal Hub Judgment Report – West Africa Court of Appeal Contract—Breach ofcontract—When a party may treat a contract as at an end—What amounts to repudiation by other party.Practice and Procedure—Proposal to re-open case in order to assess damages. Facts…

Chutuwa V. The Queen (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Criminal Law—Murder—Intoxication—Provocation—Criminal Code, section 29 (4), section 318. Facts Section 29 (1), (2), and (4) of the Criminal Code provides as follows:— ‘29 (1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge.…

Ma Chukwunta V. Nwalu Chukwu & Ors (1953) LawGlobal Hub Judgment Report – West Africa Court of Appeal Estoppel—Judgment of Native Court—Decision ofDistrict Officer on review—Resident proposing Inter-Tribal Settlement inquiry on application for review—Judgment valid until set aside. Native Courts—Suits in representative capacity—Form—Substance. Facts The appellant first sued respondents No. 2 and 3 and another…

John Chidiak V. David Coker (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Lease—Agreement for lease—Covenant to repair—Lease executed after fire. Crown Lands Ordinance (Cap. 45), section 7 (d) (iii)—Governor’s consent to sub-lease obtained afterfire. Facts The above section 7 (b) (iii) provides that:—“Except as otherwise prescribed or provided in the lease,…

K. Chellaram & Sons (Sierra Leone) Ltd. V. Najib Abdallah (1954) Contract—Agent—Undisclosed principal. Tort—Conversion ofgoods. Appeals in Civil cases—Finding made by Court of Appeal in absence of a finding in the judgment of the Court below. Facts One L, who owed money to the defendants, had an arrangement with them whereby for groundnuts he sent…

LawGlobal Hub Judgment Report – West Africa Court of Appeal Lease—Agreement to lease—Subsequent lease to another—Specific performance of agreement claimed.Appeals in Civil Cases—Occurrence subsequent to judgment enabling relief claimed—W.A.C.A. Rules, rule 36. Facts The plaintiffs sued for specific performance of an agreement for a lease made with the defendant, who denied the agreement. The trial…

Chief Fosbery Lulu Braide V. Chief Obu Harry Horsfall & Anor (1955) LawGlobal Hub Judgment Report – West Africa Court of Appeal Native Courts Ordinance—jurisdiction in land cases—set out in warrant. Facts The plaintiffs/respondents started these proceedings by filing a civil summons in a Grade C Native Court claiming possession of land and £300 mesne…