H. M. Darko V. Ag Yakwa (1943) LJR-WACA

H. M. Darko V. Ag Yakwa (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from Native Tribunal—Procedure—Deposit of costs under section 82 (2) of the Native Administration (Colony) )-Ordinance (Gold Coast) Cap. 76—Deposit insufficient—No,jurisdiction in Provincial Commissioner’s Court to hear appeal. Appeal to West African Court of Appeal—Appeal not from hearing […]

George Mattouk V. Elie Massad (1942) LJR-WACA

George Mattouk V. Elie Massad (1942) LawGlobal Hub Judgment Report – West African Court of Appeal This is an appeal from a judgment of the West African Court of Appeal who set aside a judgment of Fuad J., a Judge of the Supreme Court of the Gold Coast in favour of the plaintiff. The claim […]

Gbadamasi per A. W. Sey V. Salifu Sani (1943) LJR-WACA

Gbadamasi per A. W. Sey V. Salifu Sani (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal—Native Tribunal—Original hearing, not on the merits—Original judgment bad in law—Original judgment reversed on the merits on appeal—Appellate decision quashed as insufficiently grounded, and original judgment restoredRe-trial. Evidence—Practice in Native Tribunal—Giving a witness’s evidence through the […]

Essaku Sengena V. Yao Poku (1943) LJR-WACA

Essaku Sengena V. Yao Poku (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Contract–Hire-purchase—Vendor’s right of seizure—SalePurchaser’s right to terminate agreement—N ovation– Promissory note—Conditional document—Time of payment neither fixed nor determinable. Facts Plaintiff hired a lorry from defendant under a hire-purchase agreement. Defendant subsequently took .possession of the lorry, purporting to act […]

Eldred E. E. Williams V. Nwolas Grant Mends & Anor (1943) LJR-WACA

Eldred E. E. Williams V. Nwolas Grant Mends & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from Landlord and Tenant—Unlawful opcupation—Acquiescence-judgment ofRecovery of possession and damages—tenancy by operation ofSupremeCourt.law—estoppel—waiver—Defence (Rent Assessment) Regula-tions, 1941, regulation 12 (1)). Facts A house situate at 32 Kissy Street, Freetown, was owned by the […]

E. A. Solomon & Ors V. J. D. K. Botchway As Head Of Jacob Vanderpuye’s Family (1943) LJR-WACA

E. A. Solomon & Ors V. J. D. K. Botchway As Head Of Jacob Vanderpuye’s Family (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Native law and custom—Ga custom of Accra—InheritanceDeceased’s self-acquired property—Children of six-cloth marriage entitled to share—Pleadings defective—Retrial with amended pleadings. Facts The nephew and the eldest son of the […]

Dr. Curtis C. Adeniyi-jones V. Josephine Martins (1943) LJR-WACA

Dr. Curtis C. Adeniyi-jones V. Josephine Martins (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Executor de son tort—Intermeddling with real property ofjudgement ofintestate—Administration (Real Estate and Small Estates)SupremeCourt.Ordinance (Cap. 13) section 2. Facts A. having died intestate, the defendant, his sister, collected rents upon real property which was part of his […]

Commissioner Of Police V. Marteifio And Six Others (1943) LJR-WACA

Commissioner Of Police V. Marteifio And Six Others (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Illegal Sentence—amendment’ of that sentence at same sitting—” Record “, meaning of. Facts The trial Magistrate sentenced each of the appellants to nine months imprisonment with hard labour for a first offence under section 159 […]

Commissioner Of Police V. Marteifio & Ors (1943) LJR-WACA

Commissioner Of Police V. Marteifio & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Finding of guilt not recorded—Sentence passed—Sentence not upheld—Section 163 of the Criminal Procedure. Code.Criminal Procedure—Appeal—Confusion of defendant’s names—Omission to lodge appeal in name of intending appellant. Facts The 10th appellant was one of several who appealed […]

Commissioner Of Police V. J. S. Tsalisis (1943) LJR-WACA

Commissioner Of Police V. J. S. Tsalisis (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Practice–Particulars of charge—Defence Regulations 1939-1943 (Gold Coast), regulation 41—selling goods above controlled price—Controlled price not stated in charge or proved. Summary Tria1=-Variation between charge and evidence—not material—Criminal Procedure Code (Cap, 10) (Gold Coast), section 162. Evidence—Controlled […]