Dawodu V. Ijale (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Landlord and Tenant—Emergency Legislation—Rights of sub-tenant onexpiry or other termination of head tenancy—Statutory tenancy. Where a sub-tenant, lawfully in possession, holds over after the termination (by expiry or otherwise) of the term created by the head lease, he becomes, by virtue…

Mustapha S. B. Dawodu V. Sabina Gomez (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Dismissal or Non-Suit–Supreme Court (Civil Procedure) Rules (Nigeria) Order XLV, rule 1—Lacuna in evidence for plaintiff. Facts It is impossible to lay down any hard and fast rule as to the proper occasions when a…

Dau V. Kano Native Authority Police (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Joinder of Offences—Construction of Criminal Procedure Ordinance sections156 to 161. Sections 157 to 161 of the Nigeria Criminal Procedure Ordinance are intended to define the cases of exceptions to the general rule for separate trials of distinct offences…

Chief Yaw Damoah Of Contrajesu As Representing The Stool Of Contrajesu And As Kyidomhene Of Dormaa On Behalf Of The Omanhene Of Dormaa V. Chief Kofi Taibil Of Susuansu As Representing The Stool Of Susuansu & Anor (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Constitution of Native Court—Native Court of first…

Souhail Crayem & Anor V. Consolidated African Selection Trust Limited Of Accra (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for possession—Tenants exercising option to renew—Gold Coast LandRegistry Ordinance—Priority of instruments—Notice of tenant’s rights tograntees or lessees of property let—Constructive notice. Facts The facts are fully set out in the judgment.…

Ayitey Cobblah & Anor V. Tettey Gbeke & Ors (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for declaration of title to land—Onus of proof. The plaintiff when claiming a declaration of title must succeed on the strength of his case. Appeal from the Supreme Court of the Gold Coast. Lamptey…

Samuel Clegg V. Commissioner Of Police (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Postal offence contrary to section 164 of the Nigeria CriminalCode—Meaning of ” wilfully “—Weight of evidence—Observations on thedesirability of expedition in conduct of criminal trials. The offence created by section 164 of the Nigeria Criminal Code is…

Chief Kwesi Kuma II Of Abinabina V. Chief Ko Jo Enyimadu Of Nkasawura (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for declaration of title—Onus of proof. The Court of Appeal refused to disturb the trial Judge’s findings of fact. Appeal from the Supreme Court of the Gold Coast. Bannerman Hyde,…

Chief Ebiassah—head Of Anona Family Of Ayanabasa V. Tweiku Ababio—-odikro Of Tweikrome, For Himself & Anor (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for recovery of land mortgaged—Tender of mortgage debt to mortgagee—Refusal to accept payment—Native Custom—Gold Coast Courts Ordinance,section 74. Facts The respondent, as plaintiff, claimed from the appellant,…

John Member Briggs Of Abonnema V. Daniel Member Briggs On Behalf Of Himself & Anor (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for rent—Chieftaincy land—Issue as to title raised by defendant inrespect of part of claim only—Original jurisdiction of Supreme Court—SupremeCourt Ordinance, section 12 (proviso). Facts The plaintiff sued for…