Case law library

input2/Andrews v Andrews — [1974] 3 All ER 643

Citation pending | 1974-05-07

The petition was presented on 17 October 1973, and the answer was filed on 1 February 1974. The cause was a ccordingly transferred to the High Court, where it came on for trial before me today. I was then informed that...

Supreme Court

SchoolGhana

BENNEH v. THE REPUBLIC AND ANOTHER [1974] 2 GLR 47-97

3 | 1974-05-06

This appeal raises very difficult problems of interpretation, and, in my view, this is the result of the proliferation of over -hasty Decrees which characterised the closing months of the a dministration of the...

Open case

TANOR AND ANOTHER v. AKOSUA KOKO [1974] 1 GLR 451-464

Citation pending | 1974-05-06

This appeal raises some interesting questions about the true requirements of a doption of a child in customary law. Although there is some controversy between the parties on the facts, there is also between them, a...

input2/Beck and others v Value Capital Ltd and others — [1974] 3 All ER 437

Citation pending | 1974-05-03

Practice – Document – Detention by court – Inherent jurisdiction – Document material to case – Interests of justice – Document not proved or put in evidence – Document submitted for inspection consequent on order of...

TORTO v. ANKRAH [1974] 1 GLR 363-366

Citation pending | 1974-04-25

This is an appeal against the decision of a district court grade I dated 19 August 1971 setting a side an auction sale on the grounds of an a lleged irregularity. It is necessary to show the background of the matter....

input2/Balen v Inland Revenue Commissioners — [1978] 2 All ER 1033

Citation pending | 1974-04-11

In April 1974 the Inland Revenue Commissioners, a cting under s 460(6)a of the Income and Corporation Taxes Act 1970, notified the taxpayer that they had reason to believe that s 460 might apply to him in respect of...

APETORGBOR AND OTHERS v. THE REPUBLIC [1974] 1 GLR 347-355

Citation pending | 1974-04-03

Kportorgbe. They Saviour Gawuga could not be found in his bedroom but there were traces of blood on the verandah leading to the bedroom. Three days later, in the a fternoon of 20 April 1969, a school teacher at...

REPUBLIC v. GENERAL COURT

M/11 in Community 5 | 1974-03-28

Criminal law and procedure — Autrefois convict — Plea of — When a vailable — Military disciplinary service tribunal convicting a ccused of fraudulent misapplication and unauthorised use of Armed Forces' vehicle...

input2/Applin v Race Relations Board — [1974] 2 All ER 73

Citation pending | 1974-03-27

claiming (i) a declaration that the a cts referred to in para 4 of the particulars of claim were unlawful by virtue of ss 2 and 12 of the Race Relations Act 1968, and (ii) an injunction restraining the a ppellant and...

OPOKU-DARKWA v. AKYEA [1974] 1 GLR 272-276

GF 7188 | 1974-03-25

The plaintiff, Justice Opoku -Darkwa, a ged 25 years, is a post secondary school teacher earning ¢40.00 a month. He was, prior to the events giving rise to his present action against the defendant, teaching at Asuboi....

input2/Bentley-Stevens v Jones and others — [1974] 2 All ER 653

Citation pending | 1974-03-18

(i) The court would not grant an interlocutory injunction in respect of irregularities which could be cured by going through the proper process. If, for example, the proceedings that followed the board meeting of 28...

COMMISSIONER OF INCOME TAX v. MAATSCH

Citation pending | 1974-03-18

This is an a pplication for a full bench review of a joint judgment of the Court of Appeal (coram Apaloo, Sowah and Archer JJ.A.) dated 7 December 1970, reported [1971] 1 G.L.R. 213 a llowing an appeal by the...

FOFIE v. POMAA AND OTHERS [1974] 2 GLR 6-12

Citation pending | 1974-03-15

The plaintiffs issued an ordinary writ, a ccompanied by a statement of claim, wherein the claim against the defendant was for: "(a) An order of the court upon the defendant to pay ¢20.00 each month to the first...

REPUBLIC v. CONTROLLER AND ACCOUNTANT-GENERAL

162/1972 entitled The Attorney -General versus Dizengoff | 1974-03-07

The a pplication is for an order of mandamus under Order 59, r. 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), to compel the Controller and Accountant -General, the respondent herein, to...

input2/Barton v Commissioners of Customs and Excise — [1974] 3 All ER 337

Citation pending | 1974-03-06

A society was formed to further the knowledge of a lpine plants. The society had members both in the United Kingdom and overseas. Members paid a subscription of £2·50 or, if they were resident overseas, £3. The rules...

NSUO v. THE REPUBLIC [1974] 1 GLR 309-315

42 of 1958 | 1974-02-26

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 was that at about 7 p.m. on the day in question the a ppellant was in charge of a timber truck No. AN 8748 which was conveying a caterpillar vehicle...

BECKLEY v. BECKLEY AND ANOTHER [1974] 1 GLR 393-403

C.379/10 | 1974-02-20

The plaintiff, in her originating summons, prayed specifically for the following reliefs, namely: (a) that the court may grant the plaintiff the custody of an infant, Edward Kofi Beckley; (b) that the court may grant...

REPUBLIC v. YEBOAH [1974] 1 GLR 268-271

Citation pending | 1974-02-18

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 (a) that the unknown man is dead; (b) that his death was caused by the a ccused; (c) that the a ccused caused his death intentionally; and (d) that the...

ADOTEVIE-AKUE v. ADOTEVIE-AKUE [1974] 1 GLR 307-309

C.27 | 1974-02-15

In this a pplication brought under Order 55, r. 25 (1) (a) and (b) of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), the a pplicant (who is petitioning for divorce in the substantive suit) prays...

input2/Barclay v Prospect Mortgages Ltd — [1974] 2 All ER 672

Citation pending | 1974-02-11

The memorandum concluded by stating that it had been signed by two directors for and on behalf of the company both before the loan had been made or the security taken and subsequently in a cknowledgment that since the...

input2/Asher and others v Secretary of State for the Environment and another — [1974] 2 All ER 156

Citation pending | 1974-01-31

Practice – Striking out – Action – Vexatious proceedings – Attempt to relitigate issue determined in earlier proceedings – Parties – Different parties in subsequent proceedings – Local authority – Extraordinary audit –...

input2/Bache v Shield and others — [1974] 2 All ER 274

Citation pending | 1974-01-30

Will – Class gift – Time of a scertainment of class – Gift to wife for life with remainder to relations of testator and wife – Date for a scertaining relations – Shares – Gift to be ‘ shared to my relations also my...

ANKRAH v. OFORI AND OTHERS [1974] 1 GLR 185-194

Citation pending | 1974-01-15

The short, but nonetheless, interesting point that a rises on this appeal is whether the learned trial judge was justified in holding that the respondents were entitled to protection under the Land Development...

OKOMFO AFUAH v. SARBAH [1974] 1 GLR 147-160

Citation pending | 1973-12-20

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 5 The plaintiff's father was an Asere man from Abola quarter and her father's father, also an Asere man, came from the same Abola quarter. The plaintiff...

input2/Albrice and others v Distillers Co (Biochemicals) Ltd — [1974] 2 All ER 365

Citation pending | 1973-12-19

Damages – Infant – Claim by infant plaintiff – Entitlement of infant on majority to money recovered – Compromise of action – Approval of court – Money paid into court – Terms of settlement providing for payment and...

KWAMI v. AMUSAH [1974] 1 GLR 71-75

Citation pending | 1973-12-17

On 5 June 1973, the plaintiff -respondent to this appeal (hereafter referred to simply as the plaintiff) caused to be issued out of the Swedru District Court Grade II a summons against the defendants claiming ¢850...

AZAMETSI AND OTHERS v. THE REPUBLIC [1974] 1 GLR 228-246

Citation pending | 1973-12-17

Azu Crabbe C.J. delivered the judgment of the court. The a ppellants were convicted at the criminal session held at the High Court, Accra, on 29 May 1968, for murder and were sentenced to death by Charles Crabbe J. The...

DIAB v. QUANSAH [1974] 1 GLR 101-109

Citation pending | 1973-12-13

This action was commenced by a specially endorsed writ. The plaintiff's claim is for the sum of ¢5,013.25 plus eight per cent interest, calculated from 15 June 1965 to the date of judgment. After the defendant had...

input2/Argyle Motors (Birkenhead) Ltd v Birkenhead Corporation — [1974] 1 All ER 201

Citation pending | 1973-12-11

The a ppellants, Argyle Motors (Birkenhead) Ltd, brought an action against the respondents, Birkenhead Corporation ( ‘ the corporation ’ ), claiming a declaration that they were entitled to compensation under s 10(1)...

input2/Ackers and others v Taylor — [1974] 1 All ER 771

Citation pending | 1973-12-11

The respondents were convicted of offences of killing game and keeping dogs without the necessary licences. The chief constable, having considered the circumstances of the convictions and the a ntecedent histories of...

input2/Barton v Armstrong and others — [1975] 2 All ER 465

Citation pending | 1973-12-05

of Landmark a deed whereby Landmark a greed, inter a lia, to pay $140,000 in cash to A within seven days and to purchase A ’ s shares in Landmark for $180,000, the purchase price to be payable over three years. On the...

KNUDSEN v. KNUDSEN [1974] 1 GLR 133-135

Citation pending | 1973-12-04

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 and extremely extravagant. She destroyed most of the respondent's property including furniture, a slide -projector, hunting trophies and some medical...

PIONEER CONSTRUCTION PRODUCTS LTD. v. FADDOOL [1974] 1 GLR 7

39 of 29 June 1973 by the Registrar of Companies. Notwithstanding the liquidation | 1973-12-03

The plaintiff -respondent (hereinafter referred to as the plaintiff) sued the defendant -a pplicants (hereinafter referred to as the defendants) on an originating summons for a declaration that by virtue of a provision...

WILSON v. BROBBEY [1974] 1 GLR 250-253

Citation pending | 1973-11-30

This appeal a rose as the result of the judgment delivered in the plaintiff -respondent's favour by the District Magistrate Grade I, Sunyani. In the court below the plaintiff made a very simple claim against the...

input2/Ayerst (Inspector of Taxes) v C & K (Construction) Ltd — [1974] 1 All ER 676

Citation pending | 1973-11-27

1. At a meeting of the Commissioners for the Special Purposes of the Income Tax Acts held on 4 and 5 November 1971, C & K (Construction) Ltd ( ‘ the taxpayer company ’ ) a ppealed against the following a ssessments to...

NORTEY AND ANOTHER v. DAMATEY [1974] 1 GLR 31-34

Citation pending | 1973-11-26

The plaintiff obtained judgment ex parte against the defendants on 4 October 1972 in the District Court Grade I, Nkawkaw. On 20 December 1972, the defendants a pplied to have the said judgment set a side on the ground...

DAMALIE v. KWADZI AND ANOTHER [1974] 1 GLR 161-165

GF 3150 | 1973-11-26

was the owner of the said vehicle. They also a dmitted that the second defendant was the first defendant's driver at the time of the a ccident. They, howeve r, denied the particulars of negligence as a lleged by the...

OKUDJETO AND OTHERS v. IRANI BROTHERS AND OTHERS (NO. 2) [1974] 1 GLR 389-392

2 | 1973-11-23

This is an a pplication by summons for the review of my ruling in this matter on 30 March 1973. When the a pplication for leave came up for hearing the respondents raised a number of legal objections to its grant. I...

MELFA v. THE REPUBLIC [1974] 1 GLR 174-176

Citation pending | 1973-11-22

Sowah J.A. delivered the judgment of the court. We have listened carefully to the a ble submission made by Mr. Okyere -Darkoh in his a ttack on the conviction of the a ppellant but in the end he had to concede that...

NYARKO v. THE REPUBLIC [1974] 1 GLR 206-213

GS 3459 was intercepted at a barrier mounted by a team of Border Guardsmen at Asikuma | 1973-11-20

This is a criminal appeal from the judgment of his honour Judge E. T. A . Torto sitting at Ho Circuit Court wherein upon trial and conviction of the a ppellant herein on 15 August 1973 for the crime of smuggling, the...

DASU v. THE REPUBLIC [1974] 1 GLR 67-70

Citation pending | 1973-11-19

This appeal raises a small but very important technical point of law and it can be posed thus: Where an a ccused person is tried before a district magistrate and he is found guilty and convicted but he is committed to...

LAMPTEY ALIAS MOROCCO v. THE REPUBLIC [1974] 1 GLR 165-173

Citation pending | 1973-11-15

Annan J.A. delivered the judgment of the court. The a ppellant was found guilty of the murder of a school watchman, Braimah Grumah, by a jury in the High Court, Accra, on 10 November 1972, and in his appeal to this...

AMISSAH-ABADOO v. ABADOO [1974] GLR 110-132

[1974] GLR 110 | 1973-11-12

The plaintiff in this action is the younger brother, customary successor and the head of the immediate family of the late lawyer Abadoo of Cape Coast and the defendant is his lawful widow. The controversy between them...

input2/A v A (family unborn child) — [1974] 1 All ER 755

Citation pending | 1973-11-09

By a petition filed with leave of the court on 5 October 1971 the husband prayed for the dissolution of his marriage. On 20 October 1971 the wife a cknowledged service of the petition and intimated that she wished to...

input2/Babacomp Ltd v Rightside Properties Ltd — [1974] 1 All ER 142

Citation pending | 1973-10-26

In July 1972 the plaintiffs entered into a written a greement with the defendants to buy certain property from them. The time for completion was to be 60 days from the date of the contract but time was not of the...

FRIMPONG v. NANA ASARE OBENG II [1974] 1 GLR 16-22

83 of 1959 | 1973-10-20

This is an appeal from the ruling of the District Court Grade I, Akim Oda, dated 23 August 1973. In that ruling the district court on the a pplication of the plaintiff -respondent (who shall hereafter be referred to...

input2/Beese and another v Governor of Ashford Remand Centre and another — [1973] 3 All ER 689

Citation pending | 1973-10-18

The a ppellants, Erich Beese, a ged 16, and Wolfgang Ostermann, a ged 18, a ppealed against the judgment of the Divisional Court of the Queen ’ s Bench Divisionc (Lord Widgery CJ, Cusack and Mars-Jones JJ) dated 11...

REPUBLIC v. MILITARY TRIBUNAL EX PARTE OFOSU-AMAAH AND ANO1

2 | 1973-10-09

The a pplication was heard on its merits and dismissed on 20 July but reasons were reserved. Due to the long legal vacation the court could not give the reasons earlier as it had wished. Originally, the a pplicants, in...

ASHONG v. ASAMOAH [1974] 1 GLR 262-267

Citation pending | 1973-10-08

In this action the plaintiff claims against the defendant, a declaration of title, recovery of possession and damages for trespass to a piece of land said to be situate at Lartebiokorshie, the boundaries of which are...

input2/Barclays Bank Ltd and others v TOSG Trust Fund Ltd and others — [1984] 1 All ER 1060

Citation pending | 1973-10-01

from suffering financial loss. Under the terms of the bonds TOSG was entitled to call in the bond moneys from the bank as soon as the operator concerned became insolvent and TOSG was required to pay back to the bank...