Case law library

input2/AS Rendal v Arcos Ltd — [1937] 3 All ER 577

42631S. | 1937-07-19

The Court of Appeal, drawing a distinction between a notice of intention to claim and a notice of claim, thought the document in the present case was not a sufficiently definite claim. Their Lordships have decided that...

Supreme Court

SchoolGhana

input2/Bailey v Geddes — [1937] 3 All ER 671

Citation pending | 1937-07-19

Appeal by the plaintiff from a decision of Greaves-Lord J dated 18 February 1937, dismissing an action for damages for personal injuries received when the plaintiff was knocked down by the defendant ’ s motor car as he...

Open case

input2/Balchin v Balchin — [1937] 3 All ER 733

Citation pending | 1937-07-16

At one time the courts were inclined to place particular stress upon the a cts of parties at the time of the separation in deciding the rights of the wife as to maintenance. This was based upon the legal definition of...

input2/Attorney-General v Poole Corporation — [1937] 3 All ER 608

Citation pending | 1937-07-09

This case upon the withdrawal of land given for use as an open space from public use by the erection of buildings thereon proceeded in the court below upon the a ssumption that the matter was governed by the Public...

input2/Baker (Liquidator of First National Pathé Ltd) v Cook (Inspector of Taxes) — [1937] 3 All ER 509

Citation pending | 1937-06-28

Under an a greement, whereby a company sold all its a ssets to the a ppellant company, it was a greed that, in the event of the liquidation of the a ppellant company, the a ppellant company would sell and the vendor...

input2/Application of Halse — [1937] 3 All ER 308

Citation pending | 1937-06-15

Public Health – Housing – Clearance order – Confirmation by Minister of Health – Objection that no evidence upon which Minister could confirm – Appeal to High Court – Grounds for appeal – Housing Act 1930 (c 39), s...

input2/Alderton v Essex County Council — [1937] 3 All ER 219

Citation pending | 1937-06-10

The practice has varied in different counties upon the matter here in question, ie, the right to vote upon committees of the county council of members elected for a borough or district which is the local authority...

input2/Andreae v Selfridge & Company Ltd — [1937] 3 All ER 255

Citation pending | 1937-05-28

The Court of Appeal here considers in detail how far modern rebuilding operations amount to a nuisance. It is necessary to establish first that such operations having regard to modern conditions and knowledge, have not...

input2/Armstrong v Estate Duty Commissioner — [1937] 3 All ER 484

Citation pending | 1937-05-27

A testator by his will bequeathed an a nnuity of £10,000 to his wife, clear of all death duties and income tax, and directed that his trustees should be at liberty, if they thought fit, to set apart out of the...

input2/Anglo-Scottish Beet Sugar Corporation Ltd v Spalding Urban District Council — [1937] 3 All ER 335

Citation pending | 1937-05-11

The judgment in this case includes a critical a nalysis of the judgment in London County Freehold and Leasehold Properties Ltd v Berkeley Property & Investment Co Ltd. That case was understood to have decided as a...

input2/Bennet (Inspector of Taxes) v Marshall — [1937] 3 All ER 208

Citation pending | 1937-05-11

Appeal by way of case stated from a decision of the Commissioners for the General Purposes of the Income Tax Acts for the division of St Giles-in-the-Field and St George Bloomsbury in the County of London a llowing an...

input2/Bank of Ethiopia v National Bank of Egypt and Liguori — [1937] 3 All ER 8

Citation pending | 1937-05-11

Held – (i) it was the duty of the court to treat the a cts of the de facto government with all the respect due to the a cts of a duly recognised foreign sovereign state, and this was not a ffected by the fact that the...

input2/Ashby v Tolhurst — [1937] 2 All ER 837

Citation pending | 1937-05-06

Appeal by the defendants, car park proprietors, from a judgment given by His Honour Judge Beazley in Southend County Court on 13 January 1937, and reported in 1937, 4 LJNCCR 78. The facts and questions of law are...

input2/Andrews v Director of Public Prosecutions — [1937] 2 All ER 552

Citation pending | 1937-04-22

Appeal from an order of the Court of Criminal Appeal dismissing an appeal by the present a ppellant against a conviction of manslaughter at Leeds Assizes. The facts are set out in the judgment. The words of the...

input2/Adams v Jenks — [1937] 2 All ER 525

Citation pending | 1937-04-15

The case made against this sign was that the statute read as a whole required that only policemen in uniform should be empowered to stop motor vehicles, but the court refused to take this view of the statute.

input2/Allied Newspapers Ltd v Hindsley (Inspector of Taxes) — [1937] 2 All ER 663

Citation pending | 1937-04-08

Appeal by way of case stated from a decision of the commissioners for the Special Purposes of the Income Tax Acts dismissing an appeal against two a ssessments to income tax for the years ending 5 April 1935 and 1936,...

input2/Allen and Another v Trehearne (Inspector of Taxes) — [1937] 2 All ER 400

Citation pending | 1937-03-24

The Finance Act 1927, s 45(5) provides for the cessation of a source of income taxable under Sched E in the course of the year of a ssessment. Sub-s (6) provides for the death of the person a ssessed. It was contended...

input2/Beauchamp v National Mutual Indemnity Insurance Co Ltd — [1937] 3 All ER 19

Citation pending | 1937-03-24

This case considers the a pplication of well known principles of insurance law to insurance against a ccidents in the course of the demolition of a building. As an authority the judgment is not so conclusive as it might

input2/Appendrodt v Central Middlesex Assessment Committee — [1937] 2 All ER 325

Citation pending | 1937-03-23

The judgments of Romer LJ and Scott LJ in this case a rrive at the same result by rather different lines of reasoning. Lord Wright MR, while a greeing with Scott LJ, expressly says that he does not dissent from the...

input2/Beresford v Royal Insurance Co Ltd — [1937] 2 All ER 243

Citation pending | 1937-03-22

In this case there is a conflict between two grounds of public policy. The first is the duty of the court to enforce contracts and the other that no man or his estate is a llowed to benefit by his own crime, or, as it...

input2/Armstrong, Taylor & Whittaker v Oldham Corporation — [1937] 2 All ER 577

Citation pending | 1937-03-19

mittee … to assist [the chief clerk] in paying or contributing to his costs in defending the action.” Shortly before the trial of the action, upon the a dvice of counsel, and after consulting the town clerk, a...

input2/Berg v Sadler & Moore — [1937] 1 All ER 637

Citation pending | 1937-02-15

This appeal proceeds upon the question whether the plaintiff was barred by his own false pretences from recovering the money paid. It is a well recognised principle that if the plaintiff in order to prove his case must...

input2/Barker v Allanson — [1937] 1 All ER 75

10.6.1921 | 1936-12-18

As to Representation Orders, see Halsbury (1st Edn), Vol 23, Practice, pp 103, 104, para 182; and for Cases, see Digest, Practice, pp 420, 421, Nos 1165 – 1171. See also Yearly Supreme Court Practice 1937, pp 207 – 211.

input2/Barber v Pigden — [1937] 1 All ER 115

Citation pending | 1936-12-18

In an action for slander against a husband and wife, it was a lleged that the wife had on several occasions made separate and distinct imputations on the plaintiff ’ s chastity, and further that the wife had a cted as...

input2/Admiralty Commissioners v “Valverda” (Owners) — [1937] 1 All ER 49

Citation pending | 1936-12-17

Held [Greer LJ dissenting] – (i) the courts have no jurisdiction to consider claims for salvage services which are outside the Merchant Shipping Act 1894, s 557, and the Admiralty were, therefore, not entitled to...

input2/Aukland City Council v Alliance Assurance Co Ltd — [1937] 1 All ER 645

Citation pending | 1936-12-01

The respondent company was the holder of a debenture bond for £100 and the coupons still outstanding under it, issued by the a ppellant council as part of the Auckland City Tramway Loan. The coupon contained the...

input2/Adamson v Birkenhead Corporation — [1937] 2 All ER 221

Citation pending | 1936-11-26

As to Apportionment of Costs, see Halsbury (1st Edn), Vol 23, Practice, pp 178 – 180, para 324; and for Cases, see Digest, Practice, pp 917 – 922, Nos 4610 – 4651. See also Yearly Supreme Court Practice 1937, pp 1371 –...

input2/Attorney-General v Poole Corporation — [1936] 3 All ER 852

Citation pending | 1936-11-26

‘ Also, the council will at all times thereafter, subject as a foresaid, preserve the land conveyed as an open space or as a pleasure ground or a recreation ground and take all necessary steps to maintain the land as...

input2/Allen and Others v F O ’ Hearn & Company — [1936] 3 All ER 828

Citation pending | 1936-10-29

C had a brokerage business in stocks and shares which was conducted through the defendants who had a seat on Standard Stock and Mining Exchange in Toronto and upon other exchanges. C ’ s clients gave him orders for the...

input2/Bendir and Others v Anson — [1936] 3 All ER 326

Citation pending | 1936-10-19

Held – in the exercise of the discretion of the court the plaintiffs should elect within 14 days which of the two sets of plaintiffs should be a llowed to proceed in the action, and upon election being made, there...

input2/Arram v Walters — [1936] 2 All ER 959

Citation pending | 1936-06-24

HORRIDGE J. In this case my judgment must be for the plaintiff. It is not disputed that the present plaintiff is the a ssignee of Collins Orchestras Ltd, under a contract of 19 March 1934. [His Lordship read the...

input2/Abalian and Another v Innous — [1936] 2 All ER 834

Citation pending | 1936-06-22

In this case an order which was probably thought at the time to be of little importance, has been the occasion of formulating important principles for the drafting of interlocutory orders dismissing an action. The...

input2/Ashby, Warner & Co Ltd v Simmons — [1936] 2 All ER 697

Citation pending | 1936-06-11

A firm A contracted with the London County Council to install steam plant in a hospital. It subcontracted with another firm B to do some of the work. A fell into financial difficulty and gave B an authority a ddressed...

input2/Appenrodt v Central Middlesex Assessment Committee — [1936] 2 All ER 304

Citation pending | 1936-05-20

This is the first occasion the question of relevance of a consideration of the payment of monopoly value under Licensing Act 1910, s 14 when making an a ssessment for rates has a risen. The court was clear that it was...

input2/Berg v Sadler & Moore — [1936] 2 All ER 456

Citation pending | 1936-05-18

It is probably unusual for a prosecution to be brought upon a misrepresentation made in the course of a bargain and the more general course is for the person deceived to proceed for damages in a civil action. There is...

input2/Ash v Dickie — [1936] 2 All ER 71

Citation pending | 1936-04-28

The plaintiff had obtained judgment against the defendants in an action for damages for conversion by publishing in the defendants ’ newspaper certain literary a rticles, the copyright in which was vested in the...

input2/Attygalle v R — [1936] 2 All ER 116

14 of 1895 | 1936-03-26

Privy Council – Practice – Criminal cases – Special leave to appeal – Mis-direction – Burden of proof – Circumstances only within knowledge of prisoners – Ceylon Evidence Ordinance No 14 of 1895 s 106.

input2/AS Rendal v Arcos Limited — [1936] 1 All ER 623

Citation pending | 1936-03-20

There is a very definite limit to the matters of which the court will take judicial notice. On one occasion the court required proof of the fact that France and Austria were at war with one another. It seems clear and...

input2/Attorney-General v Elias Cohen and Julius Cohen — [1936] 1 All ER 583

Citation pending | 1936-03-17

The Stamp Duty Office have for some years a cted upon a rule that any transaction between two or more parties in which a binding contract is entered into before a former transaction between the same parties is...

input2/Ashton and Others v Wainwright — [1936] 1 All ER 805

Citation pending | 1936-03-12

‘ Danesbury Club. Dear Sir, We have been instructed by Mr. W. Hill to act for him in connection with the transfer of the New Atlantic Club from the premises they at present occupy to the premises known as Danesbury...

input2/Astor Properties Limited v Tunbridge Wells Equitable Friendly Society — [1936] 1 All ER 531

Citation pending | 1936-03-11

The authorities upon the breach of a contract to lend money whether upon security or not are very few and there does not a ppear to be any previous case where the question has a risen between intending mortgagor and...

input2/.Re Walsh decd, Public Trustee v Walsh — [1936] 1 All ER 327

Citation pending | 1936-03-04

Will – Distribution of property a ccording to Statutes of Distribution as on intestacy – Settlement and will made before, and testatrix ’ s death after, 1 January 1926 – Administration of Estates Act 1925 (c 23) s...

input2/Beer v W H Clench (1930) Ltd — [1936] 1 All ER 449

Citation pending | 1936-03-04

Appeal on a case stated by the justices of the County of Middlesex on the dismissal of an information preferred by Richard Thomas Beer, a traffic examiner a ppointed under the Road and Rail Traffic Act 1933, against W...

input2/Andre Paul Terence Ambard v The Attorney-General of Trinidad and Tobago — [1936] 1 All ER 704

Citation pending | 1936-03-02

(ii) to justify a committal for contempt of court, there must be evidence in the a rticle itself taken as a whole, that the publisher has a cted with untruth or malice, or that he imputed improper motives to those...

input2/Adib El Hinnawi v Yacoub Fahmi Abu El Huda El Faruqi — [1936] 1 All ER 638

Citation pending | 1936-02-27

The statement of the law as given by their Lordships has been a ccepted as law for many years, but authority upon the point is very sparse and there are far more cases which, while they accept the general principle,...

input2/Antonio Dias Caldeira v Frederick Augustus Gray — [1936] 1 All ER 540

Citation pending | 1936-02-14

There is, strictly speaking, no appeal from a finding of fact by a jury, a lthough an a pplication may be made for a new trial where the finding has been against the weight of evidence. In a non-jury case, however, the...

input2/Apostal v Simons — [1936] 1 All ER 207

Citation pending | 1936-02-06

This case is the logical conclusion from the coming into operation of the Law of Property Act 1925, Sched I, Part V, which had the effect of severing the ownership of party walls vertically where they had previously...

input2/Bellotti v Chequers Developments Ltd — [1936] 1 All ER 89

Citation pending | 1936-02-04

(iv) the plaintiff having a lleged fraud which had not been proved, the judgment for him would be with the general costs of the action except so far as those costs had been increased by the a llegation of fraud.

THE REPUBLIC v EX-PARTE ODENEHO AKROFA KRUKOKO II OSAGYEFO KWAMENA ENIMIL VI

CA J4/13/2009 | 1892-09-07

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 2 re Sekyedumase Stool: Nyame v Kese a lias Konto [1998 -99] SCGLR 476 at p. 478: order 14 of the High Court (Civil Procedure) Rules, 1954 (LN 140A), (a...

JAMES TOWN (ALATA) STOOL AND ANOTHER v. SEMPE STOOL AND ANO1

101 of 1924 | 1880-05-25

The James Town stool has under three quarters or sections, namely Alata, Akumajay and Sempe. For historical reasons, the occupant of the Alata stool is also the occupant of the James Town stool. The quarters of Alata,...