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Case Law
4493 cases across 17 courts
4493 cases
Citation pending | 1984-10-29
An Anton Piller order should not be made against a party over whom the court does not have jurisdiction. Accordingly, if such an order is sought against a foreign defendant in respect of foreign premises, it is...
Citation pending | 1984-10-03
By an a greement made on 9 May 1984 between Barclays Bank plc, Coutts & Co (an unlimited company), Lloyds Bank plc, Midland Bank plc, National Westminster Bank plc and Williams & Glyn ’ s Bank plc, who were the member...
Citation pending | 1984-07-20
Held – The powers of a person a ppointed to conduct an inquiry under s 19 of the 1974 Act belonged exclusively to the field of public law and therefore, in the absence of an express statutory provision conferring on...
Citation pending | 1984-06-11
The plaintiff supplied travel bags on credit terms to a company under a contract contained in a letter dated 14 April 1983 which provided, inter a lia, (i) that credit would be extended for 45 days, and (ii) that it...
Citation pending | 1984-05-24
Conflict of laws – Foreign proceedings – Restraint of foreign proceedings – Circumstances in which court will restrain prosecution of foreign proceedings – Public policy – Bank using information obtained from New York...
Citation pending | 1984-04-18
When the landlords of a company served notice under s 25 of the Landlord and Tenant Act 1954 terminating the company ’ s tenancy of business premises, the company commenced an action against the landlords by...
Citation pending | 1984-04-18
Landlord and tenant – Relief against forfeiture – Underlessee – Lease mortgaged – Relief of mortgagee – Loan to lessee by mortgagee secured by charge by way of legal mortgage – Action for possession by lessor for...
Citation pending | 1984-04-12
Constitutional law – Foreign sovereign state – Immunity from suit – Enforcement proceedings – Exceptions – Commercial transactions – Default judgment obtained against foreign sovereign state in respect of claim for...
4762. | 1984-04-04
(2) With respect to the tenants ’ claim to the insurance moneys, the basic right of both the landlords and the tenants was to have the moneys a pplied in rebuilding for their respective benefit. However, because the...
Citation pending | 1984-03-27
(2) The question of the a ppropriate discount rate when a ssessing compensation for future loss was quite different from the question of pre-trial interest on a ccrued damages, since in compensation for future loss the...
Citation pending | 1984-02-09
Held – On the true construction of reg 5(3) of the 1981 regulations the term ‘ immediately before ’ did not denote a fixed and precise moment in time so that the employee had to be employed at the instant before the...
Citation pending | 1984-02-06
By a reamended statement of claim issued on 25 June 1981 the plaintiffs, Basildon District Council, claimed damages for breach of contract against the first defendants, J E Lesser (Properties) Ltd, the second...
Citation pending | 1983-12-21
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 | 1983-12-16
There are two ways in which a judgment or order can be obtained on an a ward: 1 By the so-called “action on the a ward”; 2 By an a pplication under section 26 of the Arbitration Act 1950.
Citation pending | 1983-12-12
Francois J.A. delivered the judgment of the court. On 14 November 1983 we reversed the decision of the High Court, Sunyani in this appeal and reserved our reasons for a later date. We now proceed to give those reasons....
Citation pending | 1983-11-28
Trinidad and Tobago – Constitutional law – Entrenched provisions of constitution – Effect of entrenched provisions – Entrenchment by infection – Whether entrenching of specific provisions having effect of impliedly...
Citation pending | 1983-11-28
[p.774] He delivered the ruling of the court. The parties own land near or contiguous to each other at South Odorkor, a suburban building are a in Accra. It is common knowledge that title to that are a is vested in the...
Citation pending | 1983-11-15
Husband and wife – Variation or discharge of maintenance order – Variation of order registered in magistrates ’ court – Application by husband for variation of order and remission of sums due under it – Refusal of...
Citation pending | 1983-11-10
Costs – Appeal to Court of Appeal – Jurisdiction – Trial judge giving leave to appeal – Whether jurisdiction of Court of Appeal restricted to interfering with judge ’ s order on grounds of failure to exercise...
Citation pending | 1983-11-10
(1) Since s 2(1) of the 1974 Act, construed with s 83(4) of that Act, prohibited the ‘ effecting and carrying out ’ of unauthorised insurance business and since the offence of carrying on unauthorised business contrary...
10 | 1983-10-28
By a writ issued on 7 April 1981 and a statement of claim served on 4 August 1981 the plaintiff, Dennis John Archer, claimed against the defendant, Kevin Brown, rescission of a greements made between the plaintiff and...
Citation pending | 1983-10-24
Constitutional law – Foreign sovereign state – Immunity from suit – Enforcement proceedings – Exceptions – Commercial transactions – Default judgment obtained against foreign sovereign state in respect of claim for...
Citation pending | 1983-10-21
By a writ dated 21 January 1981 and a mended in November 1981 the plaintiff, Carlo Saverio Balsamo, claimed against the first defendant, Guiseppe Medici, an account of money received by the first defendant on behalf of...
Citation pending | 1983-10-13
Per curiam. (1) A person who dishonestly a ppropriates goods by switching price labels and thereby deceives the cashier at the check-out point into charging too low a price for the goods commits the offences of theft...
Acceptance should be by the elders and king makers | 1983-07-22
Osroagbo Djangmah II from the Adainya family was enstooled as the paramount chief of the GNT A in 1972. He was duly recogn ised by the government. However, Nene Tei Djangmah IX, an uncle of the first respondent from...
Citation pending | 1983-07-12
(3) Accordingly, the banks had the right to prove in the liquidation of C Ltd for the £1·268m to the exclusion of the a gency. The banks ’ appeal would therefore be a llowed (see p 645 b, p 650 g h, p 651 a c and p 656...
Citation pending | 1983-07-08
In 1982 a decree nisi was pronounced against the husband on the wife ’ s answer to his divorce petition. The wife ’ s a pplication for a ncillary relief was settled by the wife receiving and a ccepting an offer of...
Citation pending | 1983-07-07
Conflict of laws – Contract – Proper law of contract – Insurance policy – Marine insurance – Lloyd ’ s SG form – Kuwaiti insurance company insuring vessel owned by Liberian company resident in Dubai – Policy based on...
Citation pending | 1983-06-28
Solicitor – Lien – Retaining lien – Solicitor discharging himself in course of action – Non-payment of costs – Solicitor entering default judgment for amount of unpaid costs – Solicitor a rresting client ’ s vessel to...
Citation pending | 1983-06-28
Arbitration – Costs – Security for costs – Claimant ordinarily resident out of the jurisdiction – International a rbitration in a ccordance with rules of International Chamber of Commerce – Arbitration commenced in...
G L 4146 | 1983-06-08
Mensah Boison J.A. delivered the judgment of the court. This is an appeal against the decision of the High Court, Ho, dated 10 November 1980. By that judgment the a ppellants (hereafter called the defendants) were...
Citation pending | 1983-06-08
Mensa Boison J.A. The defendant -a pplicant (hereinafter referred to as the defendant), by counsel moves this court for the following reliefs: (a) an order setting a side the execution carried out by the deputy sheriff...
Citation pending | 1983-05-26
Action – Dismissal – Abuse of process of court – Second action raising same cause of action as earlier action – Second action commenced within limitation period for cause of action – Earlier action dismissed for want...
44 of 1940. One of the issues raised was whether that a cquisition defeated her possession. Lord Guest put it this way at p. 599 of the report | 1983-05-23
This is an appeal from the judgment of Wuaku J. sitting at the High Court, Cape Coast, dated 30 April 1982, by which he found that, as against the defendant -a ppellants (hereinafter referred to as the defendants), the...
Citation pending | 1983-05-13
The plaintiff -respondent, hereafter called the plaintiff, issued a specially indorsed writ claiming the sum of ¢12,000 against the defendant -a pplicant, hereafter called the defendant. Pursuant to his writ, the...
4/70 | 1983-05-06
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 7 "(1) ¢48,000 (forty -eight thousand cedis) being the total consideration for the a ssignment of 4 (four) parcels of land situated and lying at Essipun,...
Citation pending | 1983-04-28
Declaration – Jurisdiction – Jurisdiction of civil court to grant declaration regarding criminal law – Declaration regarding criminality of future conduct – When declaration can be granted – Whether court should grant...
Citation pending | 1983-04-21
owner and was entitled to possession of the carving pursuant to the 1962 Act and the 1913 and 1966 Acts. The judge found for the plaintiff. The defendants successfully a ppealed to the Court of Appeal. On appeal to the...
Citation pending | 1983-03-30
This motion is for "review and for directions under the Court of Appeal Rules, 1962 (LI 218), rr. 33 and 38 and the inherent jurisdiction of the court." A preliminary objection was raised at the hearing by the...
Citation pending | 1983-03-30
Mensa Boison J.A. delivered the judgment of the court. The a ppellant, John Awedam, was convicted at the Bolgatanga criminal session [p.905] on 6 July 1979, of the murder of Charles Awontera, at Navrongo on 4 February...
Citation pending | 1983-03-29
Negligence – Professional person – Duty to exercise reasonable skill and care – Proof of negligence – Question for consideration by court – Failure on balance of probabilities to exercise care required of professional...
100111 | 1983-03-29
The above cases were tried separately. I have decided, however, to consolidate them for the purpose of this judgment as the transaction which originated the cause of action as well as the issue for determination remain...
2 | 1983-03-24
The Diners Club of Switzerland is "a body corporate incorporated and organised under the laws of Switzerland." That is how the writ describes the plaintiffs; and that description has not been controverted on the...
Citation pending | 1983-03-23
The capacity in which the plaintiff instituted this action against the defendant was the ebusuapanyin of the Kukordo Ebiradze stool family of Fijai. The writ was filed on 4 December 1980. It is crystal clear from the...
Citation pending | 1983-03-23
The capacity in which the plaintiff instituted this action against the defendant was the ebusuapanyin of the Kukordo Ebiradze stool family of Fijai. The writ was filed on 4 December 1980. It is crystal clear from the...
Citation pending | 1983-03-17
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 6 In order to succeed the wife must bring herself within at least one of the six conditions laid in section 2 (1) of the Matrimonial Causes Act, 1971 (Act...
Citation pending | 1983-03-15
This is an appeal against the judgment of the District Court Grade II, holden at Half -Assini on 23 April 1981, in which the action was dismissed and judgment was entered for the defendant in the suit in which the...
Citation pending | 1983-03-13
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 to represent the Lands Department which they say had a dvised them not to pay any money to the plaintiff. The third party notice was duly served on the...
Citation pending | 1983-03-11
On 28 May 1982, the defendants herein filed a motion in this court for an order that the plaintiff should provide substantial cash security or enter into a bond with justified sureties to secure the payment of any...
Citation pending | 1983-03-10
Discovery – Privilege – Production contrary to public interest – Class of documents – Documents relating to government policy – Communications between government ministers – Documents prepared for use of ministers in...