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Case Law
5000 cases across 17 courts
5000 cases
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...
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...