Jarinatu Folawiyo & Ors V. Rufai Belo Folawiyo & Ors (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Interpretation of Will—Limited and general use of the word ” children ” in various clauses. Belo Folawiyo provided in clause 2 of his Will that his trustees should let the property specified in that…

J. M. Aouad V. R. O. Nzimiro & Anor (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Joint Adventure—Absence of accounts—Absence of notice toterminate—Practice on appeal regarding amendment of claim. Facts Plaintiff sued Defendants claiming (a) £207 15s. 4d., balance of goods supplied for sale on basis of profit-sharing, (b) £129 15s.…

J. K. Q. Aryeh & Ors V. Malam Dawuda Of Feoyoh & Ors (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Descent of property under native customary law—Presumption. Facts Plaintiffs sued claiming a declaration of title to land, damages for trespass, and an injunction ; the trial Judge held that they had…

J. A. Annoh V. Sakyi Djan & Anor (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Land—declaration of title—damages for trespass—family property—statutes of general application—judgment of Native Tribunal restored. Facts The second respondent bought the premises from A. P. Plange and paid a deposit. Thereupon the Plange family intervened claiming the property…

Gabriel Michel & Ors V. Frederick & Ors (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Land—Lease—assignment—partition or sale. Facts By a Lease Executrices-Trustees demised certain premises to Elias J. Moubarak and the Defendants-Respondents F. & M. Khoury. By deed of assignment Elias J. Moubarak assigned his one-half undivided interest and share…

G. A. Adu V. A. O. Makanjuola (Trading As Proprietor And Managing Director Of The United Development Trading Company) (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Mining contract—Ambiguity—Effect of public policy—Minerals Ordinance (Cap. 93). Facts Respondent with two others registered themselves in 1933 as the United Development Trading Company, which in…

Felicia A. Dedeke & Ors V. Victor A. Williams & Anor (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Originating Summons—Matter raised but undecided in original suit—Res judicata ; Estoppel ; Multiplicity of proceedings. Facts Petitidners took out an originating summons against the trustees asking that there should be a…

Emmanuel Osei V. E. S. Asiedu-ofei (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Civil Procedure—Representation of Plaintiff by relative—Judgment for Defendant—Appeal by Plaintiff not heard because of relative giving evidence—Native Administration (Colony) Ordinance, Cap. 76, s. 64, second proviso. Facts The action was begun in the Native Tribunal and Plaintiff was…

Elias J. Moubarak, Syrian Trader Of Sekondi V. Ayoub Japour, Syrian Trader Of Sekondi (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Land—possession—mesne profits—demolition—grants under native customary law—Land Registry Ordinance (Cap. 112, Gold Coast). Facts The Plaintiff sought possession of certain premises in the occupation of the Defendant. Each party claimed as…

In Re Peace Preservation (Labadi) Order, 1942 And In Re Robert Daniel Patterson, House No. E1 /17 And In The Matter Of Application For Writ Of Prohibition To Issue Herein (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Writ of Prohibition—Executive and Ministerial acts ; past acts—Peace Preservation Ordinance. Facts Labadi was…