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Case Law
5000 cases across 17 courts
5000 cases
Citation pending | 1972-03-27
It was contended on behalf of the taxpayer company as follows: (i) the sum of £15,000 was misappropriated by Major Newnham for his own purposes and represented moneys wholly and exclusively obtained by the taxpayer...
Citation pending | 1972-03-22
1. The opinion of the court was desired as to the stamp duty chargeable on a statement of loan capital dated 15 October 1968 ( ‘ the statement ’ ) which was delivered to the commissioners on behalf of the taxpayer...
Citation pending | 1972-03-13
The plaintiff, John Charles Baker, brought an action against the defendants, Edwin, James Michael Gibbons, David George Cameron and Megafoam Ltd ( ‘ the company ’ ). The defendants delivered a defence to the action and...
Citation pending | 1972-03-06
Divorce – Financial provision – Conduct of parties – Maintenance of wife – Wife ’ s share of responsibility for breakdown of marriage – Method of taking wife ’ s share of responsibility into account – Declaratory...
Citation pending | 1972-03-06
Prison – Expenses – Maintenance of prisoner – Removal from prison for other judicial purposes – Expenses of producing prisoner in court in interests of justice – Secretary of State a llowing prisoner to go to court to...
Citation pending | 1972-02-24
Pleading – Particulars – Marine insurance – Particulars of defence – Shipowner ’ s claim against insurer for loss of ship – Insurer a lleging loss due to wilful casting a way of ship – Shipowner a pplying for further...
P186571 relating to property known as The Nook | 1972-02-23
By a summons dated 18 February 1969 the plaintiff, Martins Bank Ltd (subsequently Barclays Bank Ltd), sought the determination of the following matters referred to the court by an order of the Chief Land Registrar...
Citation pending | 1972-02-08
This was an appeal by the defendants, Shonleigh Nominees Ltd, against the judgment of Goulding J, delivered on 28 April 1971 and reported at [1971] 3 AllER 473, whereby he made a declaration in favour of the plaintiff,...
Citation pending | 1972-01-27
The defendants denied, inter a lia, that the words complained of or any of them were capable of bearing or bore any meaning defamatory of the plaintiff and further or a lternatively a lleged that the words were fair...
Citation pending | 1971-12-21
Divorce – Separation – Two year separation – Consent to decree by respondent – Petitioner legally aided – Consent on terms that there be no order as to costs – Omission of prayer for costs from the petition – Whether...
Citation pending | 1971-11-26
Divorce – Behaviour of respondent – Behaviour such that petitioner cannot reasonably be expected to live with respondent – Reasonableness – Necessity for court to consider characteristics and behaviour of petitioner as...
Citation pending | 1971-11-22
The testator by his will gave his son, S, a power of a ppointment over one-quarter of his residuary estate. The power of a ppointment was limited to ‘ all or such one or more exclusively of the … children or remoter...
Citation pending | 1971-11-18
By notice of motion dated 25 October 1971 Anthony Brian Baldry, the plaintiff in an action commenced against David Feintuck, Christopher Bosley, Robert Gordon (sued on their own behalf and on behalf of all members of...
Citation pending | 1971-10-13
Income tax – Appeal – Appeal against a dditional a ssessment – Hearing – Adjournment – Unjustified refusal of a djournment – Effect – Whether ground for rehearing or for discharge of a ssessment – Assessment under Sch...
It is only in very exceptional cases that bail is a llo wed by this Court. | 1971-09-27
This is an a pplication for bail pending appeal. In my opinion it is a matter of great moment and of the utmost importance and calls for very a nxious and serious consideration. This is because it
3/12 | 1971-07-30
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 5 repaired and painted together with all fixtures belonging thereto to the lessor. Provided a lways that if and whenever the said rent hereby reserved or...
Citation pending | 1971-07-29
This was an appeal by the defendant, Robert Reed, from the judgment of Master Elton, on 8 March 1971, given on an a ssessment of damages pursuant to RSC Ord 37, r 1. The damages were claimed by the plaintiffs, Anglia...
59 of 1941 and No. 3 of 1948 | 1971-07-28
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 6 all probability to water having been dropping on the mechanical brakes. He did notice at the time a leakage from the roof of the engine room. Even so...
The learned trial judge gave him protection by relying on an exemption clause in the mortgage deed protecting a purchaser for value without notice of non -compliance with certain requi rements in the mortgage | 1971-07-19
Archer J.A. delivered the judgment of the court. The a ppellant obtained a loan of £G800 from the first respondent, a moneylender, and as security for the loan, he executed a deed of mortgage encumbrancing his house, a...
D 893/3 | 1971-07-19
This is an appeal from the concurrent judgments of the District Magistrate's Court and the High Court, Accra, both upholding the validity of a notice to quit given by the respondents to the a ppellants under section 17...
Citation pending | 1971-07-16
This a pplication was brought under Order 59, r. 21 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), calling upon the respondents to show cause why they should not be a ttached for contempt. The...
Citation pending | 1971-07-15
Discovery – Production of documents – Privilege – Confidential documents – Documents obtained in confidence from third parties for purposes of litigation – Party to litigation not obliged to produce documents or copies...
05/3 situated at Berekum | 1971-07-14
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 9 Ordinance (supra), the power of sale exercised by the first defendant was null and void and of no effect. The first defendant denied the plaintiff 's a...
Citation pending | 1971-07-13
On an appeal against conviction on indictment, the court may ‘ apply the proviso ’ a notwithstanding that there has been a misdirection in the judge ’ s summing-up, if the jury, having been properly directed, would...
Citation pending | 1971-07-12
with s 5(1)a of the 1970 Act, it is not a lways possible for the court to treat matrimonial conduct like contributory negligence, and make a deduction from the full maintenance in proportion to the wife ’ s...
Citation pending | 1971-07-12
This is an appeal from the decision of the Circuit Court, Sekondi, dismissing the plaintiff - a ppellant’s (hereafter referred to as the a ppellant) claim for goods sold and delivered and a llowing the counterclaim of...
Citation pending | 1971-07-12
Will — Probate — Proof in common form — Proof in solemn form — Distinction between the two forms of proof — Whether a will which has been proved in common form can subsequently be proved in solemn form. Will — Codicil...
Citation pending | 1971-07-07
Injunction – Jurisdiction – Statute – Breach of statute – Statutory remedy in magistrates ’ court for breach – Defendants a llegedly in breach of statutory requirement not to occupy premises until fire certificate...
8 Block 12 | 1971-07-07
By his writ of summons of 17 September 1968 the plaintiff -respondent hereinafter to be referred to in this judgment as the respondent claimed against the defendant -a ppellants hereinafter referred to as the [p.370] a...
Citation pending | 1971-07-05
This is an appeal from the decision of the late Owusu J. whereby he declared that the respondent, as the customary successor, was a lone entitled to the grant of letters of a dministration in respect of the estate of...
Citation pending | 1971-06-23
certiorari to quash the order of the District Magistrate, Keta, dated 25 May 1970 decreeing penalties on the failure to pay a judgment debt due to the respondents. The facts seem to me uncomplicated. The a pplicant and...
Citation pending | 1971-06-18
The petitioner herein seeks divorce on the sole ground that his marriage with the respondent has broken down irretrievably and there is no possibility of a reconciliation and that the petitioner and the respondent have...
2463/70 | 1971-06-15
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 a pplicant. Was the a pplicant expected to stop his business as a citizen and to keep running up and down to the respondent to find out whether the deed...
3 | 1971-06-10
(ii) Although the damages for loss of earnings were on the high side, there was nothing in the judge ’ s findings to justify the court in interfering with his a ward (see p 827 j and p 828 b, h and j, post).
Citation pending | 1971-06-09
Costs – Security for costs – Plaintiff ordinarily resident out of the jurisdiction – Action for damages for breach of contract – Stipulation in contract that litigation to be conducted in English courts – Discretion of...
Citation pending | 1971-06-08
Divorce – Custody – Access – Welfare of child – Custody granted to mother on divorce – Access by father having possible detrimental effect on child – Child unwilling to have access – Father not shown to be other than...
Citation pending | 1971-06-04
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 learned state a ttorney to satisfy me whether I could call on the a ccused to answer for a higher offence where he had been charged with a lesser...
Citation pending | 1971-05-28
Anin J.S.C. delivered the judgment of himself and Apaloo J.S.C. At the Ashanti Criminal Session held at the Kumasi High Court on 2 August 1969 before Annan J. (as he then was) sitting with the aid of a ssessors, the a...
Citation pending | 1971-05-26
Vexatious proceedings – Instituting or continuing vexatious legal proceedings – Leave to institute or continue proceedings – Discretion – Exercise of discretion – Supreme Court of Judicature (Consolidation) Act 1925, s...
Citation pending | 1971-05-19
B, the chairman and managing director of a company, settled by deed a trust fund for the benefit of officers, employees, etc, of the company. Clause 9 of the deed, so far as material, provided: ‘ The Trustees shall...
17 of 1936 | 1971-05-17
Anin J.A. delivered the judgment of the court. The plaintiffs, members of a land syndicate, instituted this action in the Accra High Court for a declaration of title to a tract of land known as Akwamu Kotoku land...
Citation pending | 1971-05-12
(ii) Although the court had power to stay an injured plaintiff ’ s action pending his submission to a medical examination reasonably requested by the defendant when the plaintiff ’ s refusal to submit was unreasonable,...
Citation pending | 1971-05-04
Azu Crabbe J.S.C. delivered the judgment of the court. On 9 November 1970 when the above appeal came on for hearing, neither the claimant -a ppellant (the a pplicant herein) nor his counsel a ttended the court, and the...
Citation pending | 1971-05-03
Archer J.A. delivered the judgment of the court. On 17 June 1970, Levandowsky & B.A.S.E. Group filed a specially endorsed writ, for service on the Attorney -General for and on behalf of the
Citation pending | 1971-04-30
The a ppellant pleaded guilty to a count of a ssault and of causing damage to property contrary to sections 84 and 172 respectively of the Criminal Code, 1960 (Act 29), before the District Court Grade II, Bekwai. He...
Citation pending | 1971-04-28
By a summons dated 16 April 1969, a mended by an order of Plowman J on 2 April 1970 whereby the Attorney General was substituted for the former plaintiff, the Hampshire County Council, the plaintiff sought a...
Citation pending | 1971-04-28
This is an appeal from the decision of the District Court Grade II, Agona, presided over by Mr. Eric Piesare. By his decision dated 13 January 1971, the magistrate purported to have convicted the a ppellant for...
Citation pending | 1971-04-27
This was an appeal by the defendant, Servansingh, from a decision of his Honour Judge McLellan sitting at Lambeth County Court dated 8 September 1970, whereby it was held that the plaintiffs, Arlesford Trading Co Ltd,...
Citation pending | 1971-04-23
The plaintiffs claimed ownership of the United Kingdom copyright in two operas by an Italian composer under a number of Italian a greements. The composer was dead and the plaintiffs ’ claim was contested by the...
Citation pending | 1971-04-08
This motion for relistment and for directions has been necessitated by an order made in chambers by the full bench of the Court of Appeal on or about 12 May 1977 and a subsequent letter dated 19 August 1980 received by...