Amos Brothers And Co. Ltd. V. British West African Corporation Ltd. (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Landlord and Tenant—Verbal lease prohibiting sub-letting—Sub-letting—Lease later reduced to writing—Sub-lease not known to Landlord—Ejection of tenant—Position of sub-tenant—Increase of Rent (Restriction) Ordinance(Cap. 93), sec/tons 4, 12, 19. Appeals in Civil cases—Protection under Increase…

Daniel Amoku V. Yaw Duro (1953) LawGlobal Hub Judgment Report – West Africa Court of Appeal Native Courts—Appeal to Land Court—Power to re-hear on appeal not exercisable after judgment set aside—Native Courts Colony Ordinance, 1944, section 50. Facts So far as relevant the above section provides that ” when sitting in its appellate capacity .…

Udekwu Amata & Ors V. Udogu Modekwe & Ors (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Real property—Claim for declaration of title—Precise boundaries needed and an accurate plan. Facts In each of the four suits the respondents were the plaintiffs and the appellants the defendants. The plaintiffs were successful in their…

Nil Okine Amarfio & Anor V. Emma Ayorkor (1954) EMMA AYORKOR, substituted for J. J. Ocquaye, Head of Mensah Akornor/William Akotey family, Adaku Mensah family of Accra for himself and ON BEHALF OF THE SAID FAMILY LawGlobal Hub Judgment Report – West Africa Court of Appeal Native Law and Custom—Ga customary law—Family in female line—Selfacquired…

Chief J. T. Princewill Amachree V. W. F. H. Newington, District Officer, Degema (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal The above rule reads: “Where a person has jointly with other persons a ground for instituting a suit, all those other persons ought ordinarily to be made parties to the suit.”…

Alhaji A. Alli & Ors V. Union Trading Company Ltd. (1954 Appeals in Civil Cases—Appealsfrom Supreme Court decisions on appeal from Magistrates—Appeal by special leave—Time for appealing. Section 12 of the Magistrates’ Courts (Appeals) Ordinance (Cap. 123), provides that:— “Any person aggrieved by a decision of the appeal Court (viz. the Supreme Court) in a…

Subuola Alake & Ors V. Bisi Pratt & Ors (1955) Distribution on intestacy—legitimacy—determinable by law ofthe country of a person’s origin—public policy. Facts It had to be determined in this case whether children born out of wedlock to their father are entitled to share in his estate together with the children who are the issue…

Kwasi Akyeampong as successor to Kwanbena Nkromah V. Kwaku Atakora & Ors (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Mortgage—Sale without due notice. Facts Appellant’s predecessor in title (deceased K.N.) mortgaged three farms to the respondent Kwaku Atakora by deed containing a power of sale with a proviso that this power…

Appolus Akwu V. Commissioner Of Police (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Magistrates’ Courts Ordinance, sections 20 and 21—Jurisdiction ofMagistrate, Grade III, in criminal cases. Sections 20 and 21 of the Magistrates’ Courts Ordinance read as follows:—“ 20. Subject to the provisions of this and of any other Ordinance, or…

Lajide Onamogba Akuru V. Olubadan-in-council (1954) Native Law and Custom—Land tenure in Ibadan. Evidence—Traditional evidence on family or communal land—Evidence Ordinance (Cap. 63), section 44. Real Property—Declaration of title—Discretion—Laches and acquiescence. Facts Section 44 of the Evidence Ordinance provides that ” where the title to or interest in family or communal land is in issue,…