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Case Law
4493 cases across 17 courts
4493 cases
Citation pending | 1986-10-29
Baljinder Singh a ppealed by way of a case stated by the justices for the North East London commission are a a cting in and for the petty sessional division of Redbridge in respect of their a djudication as a...
Citation pending | 1986-10-14
Execution – Writ of fi fa – Priority between competing writs – Effect of erroneous court order – Judgment creditor delivering writ to sheriff for execution – Sheriff obtaining walking possession of goods – Judgment...
Citation pending | 1986-10-10
Held – Condition 11(5) of the National Conditions of Sale did not require a licence to assign to be obtained by the contractual date for completion. Instead, since the precondition to the vendor ’ s exercising his...
763 | 1986-09-30
(2) The remedy for breach of the duty of utmost good faith was not confined to a voidance of the contract and a return of the premium but could include a claim for damages where that would be the only effective remedy....
Citation pending | 1986-08-12
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 2 BREMPONG II v THE REPUBLIC [1997 -98] GLR 467 -480 the prosecution was that in 1980 the car broke down and the a ppellant took it a way to Kumasi for...
Citation pending | 1986-07-31
Arbitration – Award – Leave to appeal against a ward – Judge refusing leave to appeal to High Court on ground that a rbitrators prima facie right – Applicant a pplying direct to Court of Appeal for leave to appeal on...
Citation pending | 1986-07-31
Held – The general principle to be a pplied in considering an a mendment, however late, was that it should be a llowed if justice required it, provided the other party could be monetarily compensated for any...
Counsel for the a ppellants relied on the absence of any evidence that either the voyage to Kuwait or the leaving of the containers on the quayside were a bnormal in any way. Indeed | 1986-07-16
Sale of goods – Implied condition as to fitness – Reliance on seller ’ sskill and judgment – Stated purpose not materially different from purpose for which the goods commonly bought – Whether condition as to fitness...
Citation pending | 1986-07-07
(2) If money due under a debenture was payable on demand the debtor company was entitled, once demand was made, to reasonable time to implement the mechanics of payment, eg to deliver a cheque by return or to transfer...
Citation pending | 1986-06-25
Injunction – Interlocutory – Danger that defendant may transfer a ssets out of jurisdiction – Discovery or interrogatory in aid of injunction – Power to make order for discovery or interrogatories in aid of Mareva...
Citation pending | 1986-06-23
The will of a Bahamian testator contained a residuary bequest directing the trustees to hold the residue on trust to be used for ‘ any purposes for and/or connected with the education and welfare of Bahamian children...
Citation pending | 1986-05-22
The respondents were hired by another to load a board a speed boat in Hong Kong video cassette recorders in respect of which there was neither an export licence nor a cargo manifest, and to carry them to an a greed...
Citation pending | 1986-05-09
Divorce – Financial provision – Variation of order – Appeal – Appeal out of time – Leave to appeal – Death of spouse – Order made in full and final settlement of all claims – Death of wife before execution of order –...
Citation pending | 1986-04-30
Contempt of court – Publications concerning legal proceedings – Pending proceedings – Substantial risk of serious prejudice to fair trial – Libel proceedings – Defence of justification – Proposed publication by third...
Citation pending | 1986-04-29
The plaintiffs, Leila Ashton, John Michael Stockbridge and Verena Evans, the children of Norman Stockbridge deceased, in whose name a leasehold interest in the property known as 195 Burnt Oak Broadway, Edgware,...
Citation pending | 1986-04-22
My brothers and sister have placed their respective judgments at my disposal earlier and I agree that the appeal should be dismissed. The a ppellant's case rests mainly on a hopeless reliance on sections 4 and 7(1) of...
NH/VR 24/4 of 22 August 1986 a ddressed to Togbe Dugbaza VIII among others with the enclosure mentioned has been referred to us by our client s for our reaction. A perusal of the relevant documents and correspondence in respect of the Tefle chieftaincy controversy makes it a bundantly clear that Togbe Kportufe Dugbaza V has never been Fia of Tefle and therefore the entry of his name as such in th e national register of chiefs by the National House of Chiefs was an ultra vires act hence the necessity of going to court to have that name and title expunged from the national register. The rightful Fia of Tefle is Togbe Nakakpo Dugbaza VIII who was cons titutionally nominated | 1986-04-07
This is an appeal against the ruling of Kwapong J. sitting at the High Court, Ho by which he granted an a pplication for an order of prohibition against the National House of Chiefs. The a pplicant's prayer was: “for a...
Citation pending | 1986-03-25
Held (Lloyd LJ dissenting) — The ‘ sending ’ of a writ by post for the purposes of service under RSC Ord 81, r 3(1)(c) did not refer merely to the initial dispatch of the writ but connoted the whole process of...
Citation pending | 1986-03-11
By a summons dated 4 February 1986 the plaintiff, 29 Equities Ltd (the purchaser), sought an order pursuant to RSC Ord 86 for specific performance of an a greement for sale of leasehold property at flat 4, 27 – 29...
Citation pending | 1986-02-11
Sale of land – Purchaser – Purchaser in possession – Order that purchaser relinquish possession – Substantial proportion of purchase price paid – Sale including goodwill and stock-in-trade – Contract specifically...
Citation pending | 1985-12-24
Practice – Interlocutory proceedings – Cross-examination of defendant – Cross-examination before service of statement of claim – Interlocutory order requiring defendant to disclose information to plaintiff – Defendant...
Citation pending | 1985-12-20
Injunction – Interlocutory – Injunction restraining defendant from leaving jurisdiction – Plaintiffs obtaining relief in Mareva and Anton Piller forms pending hearing of action in respect of distribution and sale of...
Citation pending | 1985-12-18
Held – The court had jurisdiction to issue a writ ne exeat regno in support of a Mareva injunction in order to prevent a defendant from leaving the jurisdiction with a ssets in order to frustrate a lawful claim before...
Citation pending | 1985-12-11
Practice – Audience – Right of audience – High Court of Justice – Solicitor – Formal and unopposed proceedings – Statement in open court in settlement of claim in defamation proceedings – Defendant seeking leave for...
Citation pending | 1985-12-01
The facts relevant to this appeal are set out in detail in the judgment of my brother Aikins JSC. I need not repeat them. I agree also with his conclusions. I would only add a few lines in Support.
Citation pending | 1985-11-26
Held – (1) An a ssessment was made when a notice of a ssessment was completed and entered into the a ssessment book and a certificate of entry into the a ssessment book was signed. It could be a mended (and a further...
Citation pending | 1985-11-19
Held – The practice under previous rules of court by which a defendant could a ppear gratis to a writ a lthough it had not been served on him no longer a pplied. Instead, a writ could not be deemed under RSC Ord 10, r...
Citation pending | 1985-10-10
Costs – Jurisdiction – Costs of and incidental to all proceedings in Supreme Court – Incidental to – Separate proceedings relating to same matter but different parties – Second proceedings consequential on first...
Citation pending | 1985-10-07
Solicitor – Payment of costs by solicitor personally – Application for solicitor to pay costs personally – Trial judge criticising conduct of solicitor in his judgment – Trial judge referring findings to Law Society –...
Citation pending | 1985-08-08
Injunction – Exclusion of party from matrimonial home – County court – Jurisdiction – Application for injunction made in course of custody proceedings – Power to grant interlocutory injunction excluding father of child...
Citation pending | 1985-07-31
By a writ dated 11 December 1984 the plaintiff, the Attorney General, sought as against the defendants, Peter Ross, Philip Brett and Peter Redman, respectively the president, treasurer and vice-president of the...
Citation pending | 1985-07-25
The relevant land had been used for many years as a road haulage depot. Planning permission had been granted for the erection of buildings to be used in connection with the haulage business but at some time prior to...
Citation pending | 1985-07-23
The first earl died in 1672 and was succeeded by his son William, who was created Marquis of Annandale in 1701. He died in 1721 and was succeeded by his son James, who died in 1730 and was in turn succeeded by his half...
Citation pending | 1985-06-27
(2) (Sir John Donaldson MR dissenting) The injury suffered by the deceased, ie the failure by the a rmy doctor to give the civilian hospital accurate information about the deceased, had occurred at the civilian...
Citation pending | 1985-05-19
The a ppellant bought a video recorder believing it to have been stolen. She was subsequently charged with dishonestly a ttempting to handle the video recorder knowing or believing it to be stolen contrary to s 1(1)a...
Citation pending | 1985-05-15
Charity – Will – Gift to institution known as ‘ Wilton Park ’ – No entity by name of Wilton Park – Expression ‘ Wilton Park ’ used to describe conferences organised by testator for persons capable of influencing public...
Citation pending | 1985-04-30
The a ppellant was a rrested in May 1977 and convicted on 20 October 1977 in the Gun Court in Jamaica on a number of serious firearms offences, for which he was sentenced to, inter a lia, life imprisonment. The a...
Citation pending | 1985-04-24
Children and young persons – Care proceedings in juvenile court – Care order – Appeal – Who may appeal – Juvenile court making order excluding parents from representing child ’ s interests – Juvenile court a ppointing...
Citation pending | 1985-03-07
The defendant mortgagor and her husband took out a loan of £15,015 for a period of 25 years from the plaintiff bank under an endowment mortgage in order to purchase a house. The mortgage a greement provided for...
Citation pending | 1985-03-01
Where a claim is made for industrial injury benefit under s 50(1)a of the Social Security Act 1975 in respect of injuries sustained in a road a ccident the question whether the a ccident is one ‘ a rising out of and in...
Citation pending | 1985-02-07
The plaintiff, Mary Joyce Ashcroft, a ppealed against the decision of Kilner Brown J in the Queen ’ s Bench Division at Liverpool on 29 March 1983 ([1983] 2 AllER 245) whereby, in an action brought by the plaintiff...
Citation pending | 1985-01-17
This is an a pplication by Madam Janet Aboagye and Madam Pauline Sarpong to be joined as co -a dministratrices of the estate of Joseph William Dickson a lias Kwesi Appah (deceased) who died intestate on 17 January...
Citation pending | 1985-01-01
The plaintiff and the defendant in this case were married [p.84] under customary law in 1960. They lived together happily as man and wife for some 27 years until the marriage broke down in 1987. In the early stages of...
Citation pending | 1984-12-20
Citation pending | 1984-12-13
Income tax – Appeal – Hearing – Natural justice – Duty to hear parties – Appeal to Special Commissioners – Taxpayer in person – Taxpayer not a ttending hearing – Taxpayer seeking to conduct hearing by presenting...
Citation pending | 1984-12-07
Sale of land – Contract – Formation – Subject to contract – Agreement to offer land to purchaser if vendor wishing to sell – Agreement setting out steps to be taken by parties if vendor giving notice of willingness to...
90/92. | 1984-11-14
BENIN, J.A.: This is an appeal from the decision of the High Court, Koforidua entered in favour of the plaintiff, who sued for herself and on behalf of her children who she had by the late Seth Kwabla Agbosu of Battor...
AC 2131/70. From 1970 after submitting her document until 30 November 1976 when she took out the writ at the circuit court to vindicate he r title | 1984-11-12
This is an appeal from a judgment of the Court of Appeal dated 12 November 1984 which unanimously set a side a [p.19] decision of the circuit giving in favour of the plaintiff herein. The case is a typical instance of...
33/1985 from the ruling dated 9 November 1984 of Ampiah J. | 1984-11-09
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 5 "1. The return of the machinery, equipment and other goods the property of the plaintiffs listed in the a ttached letter dated 14 September 1984 from...
It is clearly in the public interest to save a firm from bankruptcy provided that the terms are not unfair and that improper pressure has not been exerted. No improper pressure | 1984-11-08
(2) Although as a general rule a petrol supply restraint which required a dealer to take all his petrol from one company was reasonable and valid if it was stipulated to last for no more than five years, but was...