Search a Keyword!

Search our legal repository for any term from articles, statutes to cases

Kwasi Agyako Formerly F. K. Agyako V. Nazir Zok & Ors (1944) LJR-WACA

Kwasi Agyako Formerly F. K. Agyako V. Nazir Zok & Ors (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Land—recovery of possessior–damages—injunction—pleadingsestoppel.

Facts

Fourth Defendant-Respondent leased the land to the Plaintiff-Appellant. The overlord’s consent was not obtained. The terms of the lease included the payment of ” homage fee.” Plaintiff-.Appellant defaulted and Defendant-Respondent re-entered. Ultimately 4th Defendant-Respondent leased the land to 1st and 3rd Defendants-Respondents, whereupon the Plaintiff-Appellant brought this action :-

Held

Trial Judge should have exercised discretion and ordered pleadingsDefendants-Respondents should have denied liability and disclosed defence—estoppel should be pleaded, but if obvious should succeed although not pleaded—Kumasi Native Customary Law precludes leases without consent of overlord.


Appeal allowed.

See also  Emmanuel Oyefolu & Others V. The King (1951) LJR-WACA

Leave a Reply

Your email address will not be published. Required fields are marked *