Prince S. B. Godwin V. H. A. Paris & Anor (1943) LJR-WACA

Prince S. B. Godwin V. H. A. Paris & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Guarantee—Surety—Variation of conditions of advance—condition precedent to surety’s liability—variation detrimental to surety’s interests. Facts Appellants were executors of one Pratt, who was surety for an advance of money made by the plaintiff-respondent. The money […]

Peter Henry Schandorf & Anor V. Christian Mensah Holm & Anor (1943) LJR-WACA

Peter Henry Schandorf & Anor V. Christian Mensah Holm & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Will—Executors—Administration—Claim for payment of profits Appeal. fromjudgm entof trust estate and possession—Continuing charges—RequestDtvisional of of residue to Executors—Intestacy. Court.Practice and Procedure—Pleading—Non-joinder of parties—Action by two of several cestuis qui trustent—Claim against executors for […]

Otto George Gfeller V. The King (1942) LJR-WACA

Otto George Gfeller V. The King (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Facts The appellant, Otto George Gfeller, is et Swiss national. At Lagos, in July, .1941, he was tried by the Supreme Court of Nigeria on a charge framed under section 427 of the Criminal Code of Nigeria that […]

Meriogun Dadson Ogbe V. SAM WARRI ESI (1943) LJR-WACA

Meriogun Dadson Ogbe V. SAM WARRI ESI (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Injunction—Injunction granted though not claimed—Injunction in wide terms. Facts Appellants were sued by respondent in two actions which were consolidated. In one action respondent claimed damages for trespass committed on certain land., and in the other he […]

H. M. Darko V. Agyakwa (1943) LJR-WACA

H. M. Darko V. Agyakwa (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Declaration of Title to land—Burden of proof—Plan not drawn to scale or orientated—Material witness not called—Vague and contradictory evidence—Impossible to determine rights and wrongs of case—Non-suit. Facts Plaintiff’s claim in a Native Tribunal was for a declaration of title, […]

Mercy Adoley Akwei, On Behalf Of Herself And As Representing The Family Of E. A. Akwei, Deceased V. Lucy Kate Akwei, As Widow Of The Said E. A. Akwei And As Administratrix Of His Personal Estate (1943) LJR-WACA

Mercy Adoley Akwei, On Behalf Of Herself And As Representing The Family Of E. A. Akwei, Deceased V. Lucy Kate Akwei, As Widow Of The Said E. A. Akwei And As Administratrix Of His Personal Estate (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Judgment—Practice and Procedure—Joinder of parties—Interested parties not joined […]

Madam Vakoh Chapman Heir And Successor According To Native Customary Law Of Her Son The Late W. K. Chapman Of Keta (Deceased) V. Messieurs Compagniefrancaise De L’afriqite Occidentale & Anor (1943) LJR-WACA

Madam Vakoh Chapman Heir And Successor According To Native Customary Law Of Her Son The Late W. K. Chapman Of Keta (Deceased) V. Messieurs Compagniefrancaise De L’afriqite Occidentale & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Evidence—Estoppel—Res judicata—Privies—Predecessor in suit not predecessor in title.Native Tribunal—Procedure—Judgment of Councillors who didnot hear […]

Lawer V. Tetter Kwao Obor & Anor (1943) LJR-WACA

Lawer V. Tetter Kwao Obor & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Native Tribunals—Practice—Enforcement of decree—Rules of Supreme Court, Order 43 of schedule 3 (Gold Coast). The Rules of the  Supreme Court, Order 43 of Schedule 3 (Gold Coast) do not apply to the enforcement of decrees in Native […]

Kadiri Balogun V. Tijani Anamu Balogun And thirteen Others (1943) LJR-WACA

Kadiri Balogun V. Tijani Anamu Balogun And thirteen Others (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Lagos Native Customary Land Law—partitioning of family property to convey absolute title—Historical and legal position. Facts In 1903 the seven surviving children of Okolo Balogun by Deed partitioned the whole of their late father’s property […]

Isaac Asare Wilson V. Opoku Afriye & Anor (1943) LJR-WACA

Isaac Asare Wilson V. Opoku Afriye & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Interpleader—What form of relief to be ordered—Rules of Court, Cap. 4, Schedule 3, Order 44, Rule 25 (Gold Coast)—Inconsistency therewith of form of summons, ibid., Appendix A, form 23—Description and identification of land to be released. […]