Nana Ofori Atta II & Anor V. Nana Bonsra Agyei & Anor (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Estoppel—Previous suit—Person privy to plaintiff—Person in same interest standing by. Facts There had been a previous action in which the Stool of Muronam litigated against the Banka Stool the title to a…

Igyegh Atanyi V. The Queen (1955) LawGlobal Hub Judgment Report – West Africa Court of Appeal Murder—common design to commit robbery with violence. Facts The appellant, with another person, went out at night to steal. The appellant admitted that his companion was armed with a knife. They were disturbed in carrying out their common purpose…

Yaw Asuah V. Essi Egyirwah & Ors (1954) Jurisdiction—Supreme Court—Administration suit—Ownership of land. Estoppel—Judgment ultra vires—Person neither party nor privy informer case. Evidence—Extrinsic evidence to explain nature of transaction and relationship of parties. Facts In the Gold Coast an administration suit in the Supreme Court is confined to personal property; and the jurisdiction to decide…

N. Y. Arejian V. Alhadji B. A. Sulemon & Anor (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Landlord and Tenant—Recovery of Premises Ordinance, section 19 (1) (e)—New Landlord proving his title. Facts The above provision requires a landlord to prove his title if it has accrued since the letting of the…

Ededem Archibong V. Ntoe Asim Ita & Ors (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Real Property—Evidence—Onus on plaintiff—User of isolated parts of land. Practice and Procedure—Claim to land not proved—Defendants putting in a document and calling no other evidence—Judgment dismissing claim. Facts (Section 45 of the Evidence Ordinance (Cap. 63),…

Nana Kojo Appiah II & Anor V. Gyasehene Kwame Badu & Ors (1955) Practice and Procedure—Native Courts (Colony) Ordinance, 1944 (Cap. 98), section 39: on notice of joinder—Persons joined on their own application not served with notice. Facts The above section requires notice of joinder to be served on a person joined as a party.…

Michael John Aouad & Anor V. Inspector-General Of Police (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Evidence—Evidence Ordinance, section 56—”Expert”. Facts Section 56 of the Evidence Ordinance reads as follows:— “(1) When the Court has to form an opinion upon a point of foreign law, native law or custom, or of…

Anoje & Ors V. Opara Ukweje & Ors (1955) LawGlobal Hub Judgment Report – West Africa Court of Appeal West African Court of Appeal Rules—defective bond—Sections 8 and 9 of the West African Court of Appeal Ordinance. Facts On this appeal coming on for hearing it was submitted that it was not properly before the…

Nnamene Anjoku & Anor V. Ivube Nwa Nnamani (1953) LawGlobal Hub Judgment Report – West Africa Court of Appeal Inter-Tribal Boundaries Settlement Ordinance—Inquiry into dispute between tribes—Settlement ofboundaries between their lands—Estoppel—Resjudicata. Facts The above Ordinance authorises a District Officer, with the approval of his Resident, to inquire and decide a dispute between “ tribes ”…

Kofi Anane V. Kwasi Brafo (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal KOFI ANANE as Administrator of the Estate of the” late Kwaku Sampaney alias KWASI BRAFO and as Successor according to Native Customary Law of the Estate of the’ said KWAKU SAMPANEY alias KWASI BRAFO KWASI BRAFO of House Nos.…