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Case Law
3174 cases across 17 courts
3174 cases
42 of 1958 | 1972-11-30
The question raised by this appeal is of obvious public importance a ffecting not only insurance companies but everybody else, whether as insured motorists or as the potential victims of motor a ccidents. Does our...
2 | 1972-11-22
The a ppellant a ppeals against her conviction and sentence by the District Magistrate Grade II, Techiman. On Monday 28 February 1972 the a ppellant was a rraigned before the District Court Grade II, Techiman, on a...
3 Nampansa | 1972-11-20
Amissah J.A. delivered the judgment of the court. This is an appeal against the judgment of Attoh J. a warding the sum of £G3,114 9s. 10d. to the respondents on a claim for petroleum products sold to the a ppellant....
AT 7889. The da te of the a greement | 1972-11-20
The a ppellant is dissatisfied with the judgment of the High Court against him in this case. He has therefore a ppealed to this honourable court for redress. I proceed now to examine the cause of his complaint in order...
Citation pending | 1972-11-14
By his writ of summons issued out of this court on 17 February 1971, the plaintiff claims against the defendant as follows: "The plaintiff's claim against the defendant is for the sum of two thousand new cedis...
Because the a rbitrators left a lmost all material ingre dients unconsidered by calling witnesses to confirm or deny by evidence but they gave a decision in favour of the defendant herein. And in contrast to laid down rule that at the end of the a rbitration costs will have to be a ssessed against who has lost. In this case certain a mounts were claimed from each party beforehand thereby forestalling the question of a party being found against and he refuses to pay the expenses. In normal circumstances if both parties remain seated throughout an a rbitration to a fin ish any decision given is binding on the lost party as well as the other party but the party who feels dissatisfied and has to leave before an a ward was given he is not bound by the a ward. For this reason I could | 1972-11-13
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 5 a warded against defendant." By his writ of summons the plaintiff sued the defendant claiming a declaration of title, ownership and possession of the...
3 Nampansa | 1972-11-07
This was a motion by the plaintiff -a pplicant to set a side the order of this court made on 28 February 1972 striking out his action for want of prosecution under Order 62, rr. 1 and 2 of the Supreme [High] Court...
Citation pending | 1972-10-31
This court presided over by Francois J. during vacation granted the a pplicant leave to apply for an order of injunction in the nature of quo warranto directed to Isaac Annobil Acheampong, otherwise known as Nana Nyan...
Citation pending | 1972-10-30
This was an appeal by way of case stated by justices for the county of Essex a cting in and for the petty sessional division of Rochford, in respect of their a djudication as a magistrates ’ court sitting at...
Citation pending | 1972-10-18
(4) If her claim had succeeded, the plaintiff would not have been entitled to claim a ggravated or punitive damages at common law because the provision of s 17(3)c of the 1956 Act giving the court power to a ward a...
Citation pending | 1972-10-17
In this case the plaintiffs claim in tort against the defendants jointly and severally damages for defamation. Nothing need be said at this stage about this claim. The plaintiffs have however a dded claims to other...
B4 in the Asafo Market | 1972-10-16
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 6 In due course in answer to the claims from the plaintiffs for losses sustained as a result of the action of Mamah, the defendants on 12 February 1969,...
13/1971 | 1972-10-16
The plaintiffs claim as endorsed on the writ of summons was as follows: "The plaintiff's claim is for N¢892.38 being ex gratia gratuity a warded to the estate of the late Francis Christian Rhule which said a ward late...
Citation pending | 1972-10-12
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 5 This is an appeal against the ruling of the District Magistrate Grade II, Nkoranza, wherein the plaintiff's action was dismissed for ouster of...
42 of 1958 | 1972-09-14
On this appeal coming before me, I re -opened the hearing and took evidence. It seemed to me the legislature had not created an offence a ffecting an "unnamed driver" where comprehensive insurance policy existed. This...
2 | 1972-08-16
The plaintiff, a 22 -year -old seamstress trading at the sea port town of Tema sustained serious injuries when a vehicle in which she was travelling ended up in a culvert after an a ccident at Kpong on 30 May 1968. Her...
Citation pending | 1972-07-28
Divorce – Financial provision – Matters to be considered by court when making order – Social security benefits – Relevance – Court to fix a fair figure without regard to benefits – Parties having modest means and...
Citation pending | 1972-07-28
The petitioner herein seeks dissolution of his marriage to the respondent on the ground that the said marriage has broken down beyond reconciliation owing to cruel conduct and a dultery on the part of the respondent....
AG 5744 | 1972-07-24
On 13 August 1964, at a place between Nkawkaw and Awendadze Village, on the Nkawkaw - Kumasi road, a vehicle No. AG 5744, owned by the second defendant, collided with a Bedford truck No. AG 8721, owned by the first...
D/129 C | 1972-07-17
The facts in this case are in a comparatively small compass so far as they are relevant to what we have to decide in this appeal, and they are these: On 25 August 1964, the Accra -Tema Development Corporation formally...
Citation pending | 1972-07-10
The fact that a way over land is marked as a footpath on a definitive map prepared under Part IV of the National Parks and Access to the Countryside Act 1949 is, by virtue of s 32(4)b of that Act, conclusive evidence...
1 Block A Suame. | 1972-07-06
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 monthly instalments of ¢5,000.00. By the supplementary a greement the purchase price was reduced by ¢417.84 and the monthly instalments were reduced...
388 Lichfield Road for use as a betting office and the underletting of No. 390 Lichfield Road to Messrs. Dowley and Darby | 1972-06-14
This was an appeal by Bernard John Banning against an order of the Court of Appeal (Russell, Sachs and Buckley LJJ) dated 19 November 1970 varying, on appeal by the a ppellant, an order of Foster J dated 12 December...
119 on the termination of employment at the initiative of the employer states that | 1972-06-05
The plaintiffs by their writ of summons claim: (a) a declaration that the plaintiffs' forced and involuntary resignations on 30 June 1967 were secured by the defendants in circumstances a mounting to wrongful...
Citation pending | 1972-05-30
The plaintiff was the owner and manager of a driving school. In December 1965 he was injured in a motor a ccident as a result of the defendants ’ negligence. In 1967, in the course of his business, the plaintiff began...
Citation pending | 1972-05-09
Newspapers Ltd) ( ‘ the taxpayer company ’ ) against an order of the Court of Appeal (Lord Denning MR, Salmon and Stamp LJJ) dated 12 May 1971 and reported at [1971] 2 AllER 1526 reversing a decision of Megarry J,...
Citation pending | 1972-05-03
The a ppellants in the course of their business prepared manilla fibres, a raw material for paper making, at their works on the banks of a river. Part of the process involved washing the fibres. After the washing, the...
Citation pending | 1972-04-17
This is an a pplication by motion on notice for an order reviewing the order of this court made on 21 February 1972 dismissing the defendant -a pplicant's (hereafter described as the a pplicant) a pplication to relist...
Citation pending | 1972-03-29
Held – The law had not been a ltered by Hedley Byrne & Co Ltd v Heller; the earlier decisions were based on the principle that where a person (a lthough not an a rbitrator) was in the position of an a rbitrator, with a...
Citation pending | 1972-03-27
It was contended on behalf of the taxpayer company as follows: (i) the sum of £15,000 was misappropriated by Major Newnham for his own purposes and represented moneys wholly and exclusively obtained by the taxpayer...
Citation pending | 1972-03-22
1. The opinion of the court was desired as to the stamp duty chargeable on a statement of loan capital dated 15 October 1968 ( ‘ the statement ’ ) which was delivered to the commissioners on behalf of the taxpayer...
Citation pending | 1972-03-13
The plaintiff, John Charles Baker, brought an action against the defendants, Edwin, James Michael Gibbons, David George Cameron and Megafoam Ltd ( ‘ the company ’ ). The defendants delivered a defence to the action and...
Citation pending | 1972-03-06
Divorce – Financial provision – Conduct of parties – Maintenance of wife – Wife ’ s share of responsibility for breakdown of marriage – Method of taking wife ’ s share of responsibility into account – Declaratory...
Citation pending | 1972-03-06
Prison – Expenses – Maintenance of prisoner – Removal from prison for other judicial purposes – Expenses of producing prisoner in court in interests of justice – Secretary of State a llowing prisoner to go to court to...
Citation pending | 1972-02-24
Pleading – Particulars – Marine insurance – Particulars of defence – Shipowner ’ s claim against insurer for loss of ship – Insurer a lleging loss due to wilful casting a way of ship – Shipowner a pplying for further...
P186571 relating to property known as The Nook | 1972-02-23
By a summons dated 18 February 1969 the plaintiff, Martins Bank Ltd (subsequently Barclays Bank Ltd), sought the determination of the following matters referred to the court by an order of the Chief Land Registrar...
Citation pending | 1972-02-08
This was an appeal by the defendants, Shonleigh Nominees Ltd, against the judgment of Goulding J, delivered on 28 April 1971 and reported at [1971] 3 AllER 473, whereby he made a declaration in favour of the plaintiff,...
Citation pending | 1972-01-27
The defendants denied, inter a lia, that the words complained of or any of them were capable of bearing or bore any meaning defamatory of the plaintiff and further or a lternatively a lleged that the words were fair...
Citation pending | 1971-12-21
Divorce – Separation – Two year separation – Consent to decree by respondent – Petitioner legally aided – Consent on terms that there be no order as to costs – Omission of prayer for costs from the petition – Whether...
Citation pending | 1971-11-26
Divorce – Behaviour of respondent – Behaviour such that petitioner cannot reasonably be expected to live with respondent – Reasonableness – Necessity for court to consider characteristics and behaviour of petitioner as...
Citation pending | 1971-11-22
The testator by his will gave his son, S, a power of a ppointment over one-quarter of his residuary estate. The power of a ppointment was limited to ‘ all or such one or more exclusively of the … children or remoter...
Citation pending | 1971-11-18
By notice of motion dated 25 October 1971 Anthony Brian Baldry, the plaintiff in an action commenced against David Feintuck, Christopher Bosley, Robert Gordon (sued on their own behalf and on behalf of all members of...
Citation pending | 1971-10-13
Income tax – Appeal – Appeal against a dditional a ssessment – Hearing – Adjournment – Unjustified refusal of a djournment – Effect – Whether ground for rehearing or for discharge of a ssessment – Assessment under Sch...
It is only in very exceptional cases that bail is a llo wed by this Court. | 1971-09-27
This is an a pplication for bail pending appeal. In my opinion it is a matter of great moment and of the utmost importance and calls for very a nxious and serious consideration. This is because it
3/12 | 1971-07-30
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 5 repaired and painted together with all fixtures belonging thereto to the lessor. Provided a lways that if and whenever the said rent hereby reserved or...
Citation pending | 1971-07-29
This was an appeal by the defendant, Robert Reed, from the judgment of Master Elton, on 8 March 1971, given on an a ssessment of damages pursuant to RSC Ord 37, r 1. The damages were claimed by the plaintiffs, Anglia...
59 of 1941 and No. 3 of 1948 | 1971-07-28
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 6 all probability to water having been dropping on the mechanical brakes. He did notice at the time a leakage from the roof of the engine room. Even so...
The learned trial judge gave him protection by relying on an exemption clause in the mortgage deed protecting a purchaser for value without notice of non -compliance with certain requi rements in the mortgage | 1971-07-19
Archer J.A. delivered the judgment of the court. The a ppellant obtained a loan of £G800 from the first respondent, a moneylender, and as security for the loan, he executed a deed of mortgage encumbrancing his house, a...
D 893/3 | 1971-07-19
This is an appeal from the concurrent judgments of the District Magistrate's Court and the High Court, Accra, both upholding the validity of a notice to quit given by the respondents to the a ppellants under section 17...
Citation pending | 1971-07-16
This a pplication was brought under Order 59, r. 21 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), calling upon the respondents to show cause why they should not be a ttached for contempt. The...