Case law library

ANTWI AND ANOTHER v. THE REPUBLIC [1971] 2 GLR 412-416

F.Y 301/68 -69 by inserting the name of one E. K. Adu whom you knew was not in existence for an amount of N | 1971-04-07

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 amount remaining, that is to say, the part of the salary of the so -called Mr. E. K. Adu that was not used. The salary of the Mr. E. K. Adu was to be...

Supreme Court

SchoolGhana

CONSOLIDATED AFRICAN SELECTION TRUST LTD v. NKETIA [1971] 1

Citation pending | 1971-04-05

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 (4) (a), provides as follows: "(4) (a) Your engagement may be terminated at any time by one party giving to the other notless than a month's notice in...

Open case

AHIABLE ALIAS VIVOR AND OTHERS v. DOSU AND OTHERS [1971] 2 1

Citation pending | 1971-04-05

This is an appeal from the judgment of Sowah J. (as he then was) whereby he reversed the decision of the magistrate sitting in the Dzodze Local Court, and entered judgment, together with costs, for the respondents. The...

input2/Alphacell Ltd v Woodward — [1971] 2 All ER 910

Citation pending | 1971-04-02

Held – (Bridge J dissenting) The appeal would be dismissed because the a ppellants ’ a ctivities had caused the entry of the polluting matter into the river; whether or not the a ppellants could show that they had...

KWASHIE AND ANOTHER v. THE REPUBLIC [1971] 1 GLR 488-496

5 | 1971-04-02

Azu Crabbe J.A. delivered the judgment of the court. On 2 May 1969, at the Criminal Session of the High Court, Accra, before Edward Wiredu J., sitting with the aid of a jury, the two a ppellants and four others, were a...

FYNHOUT PRODUCTION LTD. v. KWAYIE & ANOR. [1971] 1 GLR 475-

AS 5117. On 7 January 1962 -during the currency of the said hire - purchase a greement -the said lorry was being driven by the first def endant | 1971-03-29

The a ppellants (who were the third defendants at the trial) were the owners of a timber log production unit at Awaso. They let their entire production unit and business to the second defendant (who did not appeal)...

ROBERTSON v. REINDORF [1971] 2 GLR 289-307

2 | 1971-03-29

It is not disputed that the plaintiff's family, the Nikoi Olai stool family (hereafter called the "Nikoi Olai family" for short) are the owners of a tract of land called Mukose lands. It is also not disputed that a...

MANU v. EMERUWA [1971] 1 GLR 442-449

GK 6 | 1971-03-26

In this action the plaintiff claims from the defendant: (a) damages of N¢8.00 a day from 15 October 1968, to the date of judgment for the use of the plaintiff's vehicle, No. GK 6; (b) an order for the return of the...

COMPTROLLER OF CUSTOMS AND EXCISE v. NARTEY AND OTHERS [191

Citation pending | 1971-03-26

This is an appeal from the judgment of the District Court, Grade I, Tema, delivered on 6 February 1970, in an action brought by the Comptroller of Customs and Excise. The facts are that on 7 June 1969, at about 1.00...

AVEGAVI AND OTHERS v. THE REPUBLIC [1971] 1 GLR 428-438

3 | 1971-03-26

Anin J.A. delivered the judgment of the Court: On 19 February 1971, the appeal of each a ppellant was a llowed and we now give our reasons. [p.431] The a ppellants were convicted by Kingsley -Nyinah J. sitting with a...

DAA v. SERWAAH [1971] 2 GLR 50-58

Citation pending | 1971-03-18

The two claimants are respectively the wife (as respondent) and mother (as a ppellant) of the late E. K. Butah. The late Butah was an employee of Oyoko Contractors Ltd. who were the defendants at the trial. It a ppears...

APPENTENG MENSAH & CO. LTD. v. ALPRO INDUSTRIAL PRODUCTS LT1

24. Practice and procedure | 1971-03-18

This is an a pplication by originating motion praying for an order that the register of trade marks be rectified by the removal and expunging therefrom of trade mark No. 16180 registered without sufficient cause in the...

input2/Beattie v Jenkinson (Inspector of Taxes) — [1971] 3 All ER 495

Citation pending | 1971-03-12

6. The commissioners, having duly considered the facts and a rguments a dduced before them, decided that the taxpayer did not acquire Hyner Farm until 16 August 1963 and therefore dismissed the appeal.

input2/Alfred Crompton Amusement Machines Ltd v Commissioners of Customs and Excise — [1971] 2 All ER 843

2 Act 1940 Section 21 | 1971-03-09

By ss 1(1) and 3(1) of the Purchase Tax Act 1963 the complainants were required to pay purchase tax on the wholesale value of their a musement machines, that value being the price which, in the commissioners ’ opinion,...

SAM v. COMPTROLLER OF CUSTOMS AND EXCISE [1971] 1 GLR 289-31

GL 2818 | 1971-03-01

The details of the facts of this case, a lthough not too relevant to the decision, are a pparently necessary for the purpose of a nswering a [p.292] ground of appeal which was urged on me with such force as would lead...

ARKHURST v. GHANA MUSEUM AND MONUMENTS BOARD [1971] 2 GLR 1-

20 of 1957 | 1971-02-26

given one month's salary in lieu of notice which salary the plaintiff a ccepted without reservation, the defendants cannot be held to have unlawfully terminated the plaintiff's s ervices. Counsel submitted that once...

CPDCircumstance, The Paramount Duty To Deal With A Ppeals On Their Merits Must Inhibit This Court

HAMMOND v. ODOI AND ANOTHER [1982-83] GLR 1215-1313

3 | 1971-02-23

This appeal has been brought with leave granted by the Court of Appeal in July 1972. In granting leave, the Court of Appeal [p.1222] (see Hammond v. Odoi [1972] 2 G.L.R. 459, C.A.) took the view that the substantial...

KORKOR AND OTHERS v. DADAH AND ANOTHER [1971] 1 GLR 265 - 272

Citation pending | 1971-02-22

This is an appeal from the ruling of the Circuit Court, Sunyani, disallowing an a pplication by the plaintiffs seeking to tender the testimonies of two witnesses who gave evidence in the suit at the Tano Local Court,...

ARMAH MENSAH v THE REPUBLIC [1971] 2 GLR 17-24

Citation pending | 1971-02-12

The a ppellant in this case was a rraigned before the District Court Grade I, Wa, charged with stealing N¢33.00, the property of one Teiku Dagarti. The facts which the prosecution led and which were a pparently not...

input2/Beach and another v Freeson — [1971] 2 All ER 854

Citation pending | 1971-02-10

the letter was defamatory and pleaded that the publication of the letter was protected by qualified privilege. In their a mended reply the plaintiffs denied that the occasion was privileged and a lleged that in writing...

FAN MILK LTD. v. STATE SHIPPING CORPORATION [1971] 1 GLR 231

Citation pending | 1971-02-10

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 guilty of negligence by failing to pack the said butter oil in a manner consistent with the carriage of butter oil from a cool to a hot climate. The...

YAA ANTWI v N.T.H.C.

Citation pending | 1971-02-10

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 2 A case relied on by the a ppellant, Gibson v Manchester City Council [1979] 1 AllER 972, is illustrative of a the view taken by the Court of Appeal that...

KWADU v. THE REPUBLIC [1971] 1 GLR 272-28

Citation pending | 1971-02-09

On 30 May 1968, the a ppellant was convicted in the Circuit Court, Kumasi, on one count of possessing three forged Bank of Ghana ten new cedi notes, contrary to section 18 (2) of the Currency Act, 1964 (Act 242). He a...

input2/Bennett v Tugwell (an infant) — [1971] 2 All ER 248

Citation pending | 1971-02-08

Held – In determining whether the defendant was entitled to invoke the defence of volenti the court was not concerned with what was in the innermost recesses of the parties ’ minds nor with what the plaintiff had...

DOE v. THE REPUBLIC [1971] 1 GLR 235-238

Citation pending | 1971-02-03

The a ppellant pleaded guilty to a charge of a ssault under section 48 of the Criminal Code, 1960 (Act 29), before the District Court Grade II, Takoradi, and was convicted and sentenced to a fine of N¢50.00 or three...

DATSA v. THE REPUBLIC [1971] 1 GLR 418-422

Citation pending | 1971-01-29

was in fact the particulars of the offence. The offending se ction of the Criminal Code, 1960 (Act 29), was not stated. Learned counsel for the Republic while a dmitting this irregularity urged that it was not fatal...

ADDAE v. ASANTE [1974] 2 GLR 288-291

Citation pending | 1971-01-28

Customary law — Arbitration — Setting a side a ward — Principles on which court proceeds. Customary law — Seduction — Son, by — Paternal responsibility — Whether father liable at customary law for son's misconduct with...

ATTORNEY-GENERAL v. DADEY [1971] 1 GLR 228-234

AN 906 | 1971-01-25

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 purpose of repairing it. At the date of the hearing of this action, the respondent's vehicle had not been repaired, a lthough it was still standing at...

ROYAL EXCHANGE ASSURANCE v. BREW [1971] 1 GLR 371-375

42 of 1958 | 1971-01-25

The respondent was a passenger in vehicle No. WR 5374 which was involved in an a ccident on 9 March 1964. She sustained injuries from this a ccident. The vehicle was at the date of the a ccident driven by one Kow Sobir...

SERAPHIM v. AMUA-SEKYI [1971] 2 GLR 132-136

Citation pending | 1971-01-25

This appeal is from the judgment of the High Court, Accra, which Ollennu J. (as he then was) delivered on 7 May 1962. By that judgment, the court dismissed a claim by the a ppellant for recovery of possession and...

input2/Ball (Inspector of Taxes) v National and Grindlays Bank Ltd — [1971] 3 All ER 485

Citation pending | 1970-12-18

It was a rgued for the taxpayer bank that, in order to succeed in its appeal, it was enough for the taxpayer bank to show that a valuable and sufficient consideration for the liability it a ssumed under the deed of...

MICAH v. BRUCE [1971] 1 GLR 153-161

Citation pending | 1970-12-14

January 1968 up to December 1969 and an order of the court ejec ting the a ppellant from the premises which he had a pparently rented to her. The writ of summons was served on the a ppellant on 16 January 1970 and the...

input2/Archer v Moss, Applegate v Moss — [1971] 1 All ER 747

Citation pending | 1970-12-11

(ii) The proper measure of damages, since it was uneconomic to repair the house, was what the house would have been worth, when the breach was discovered in 1965, if it had been properly built, and the plaintiff was...

input2/Ad-Lib Club Ltd v Granville — [1971] 2 All ER 300

Citation pending | 1970-12-11

Passing-off – Trade name – Discontinuance of user – Name of business – Closure of business – Goodwill – Retention of goodwill after closure – Goodwill a ttached to name of business – Action to protect name maintainable...

input2/Berkeley v North & South Trust Co — [1971] 1 All ER 980

Citation pending | 1970-12-08

North & South Trust Co issued a writ against Lambert Brothers (Insurance) Ltd ( ‘ Lamberts ’ ) claiming declarations that they were entitled to possession and delivery up or inspection of any documents then or...

NKRUMAH AND ANOTHER v. MANU [1971] 1 GLR 176-190

23 of 1958 | 1970-12-07

The plaintiff -respondent (hereinafter called the respondent) claimed from the defendants - a ppellants (hereinafter referred to as the a ppellants) the following as a ppears in her writ of summons: "N¢200.00 damages...

FYNN v. BADU [1971] 1 GLR 80-86

Citation pending | 1970-12-07

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 defendant with the writ were unsuccessful, the High Court, Sekondi, on the a pplication of the plaintiff, granted an order for substituted service....

DJORBUA v. POKU AND ANOTHER [1971] 1 GLR 93-97

33/1926 entitled Kwame Asante | 1970-12-04

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 The plaintiff had on his writ of summons issued on 28 October 1967 claimed an order for the specific performance of a contract with the defendants to...

input2/Beecham Foods Ltd v Commissioners of Customs and Excise — [1971] 1 All ER 701

1 | 1970-12-03

This was an appeal by the plaintiffs, Beecham Foods Ltd, from an order of Ungoed-Thomas J dated 9 May 1969 and reported [1969] 3 AllER 135, that a liquid manufactured by the plaintiffs under the trade name Ribena was...

input2/Armstrong Whitworth Rolls Ltd v Mustard — [1971] 1 All ER 598

Citation pending | 1970-12-02

This was an appeal by the a ppellants, Armstrong Whitworth Rolls Ltd, from a decision of the Industrial Tribunal dated 6 July 1970 whereby it was determined that the a ppellants were liable to pay the respondent,...

input2/Australian Coastal Shipping Commission v Green and others — [1971] 1 All ER 353

Citation pending | 1970-12-02

Shipping – General a verage expenditure – Vessel and cargo in position of peril – Towage contract on UK Standard Towage Conditions giving wide indemnity to tugowners – Contract a general a verage act – Expenditure...

REPUBLIC v. SECRETARY TO THE CABINET

14 | 1970-11-27

[p.73] Under the schedule it is stated that Nai Whetey Ndamkwei IV the Awutu Odefey in the Awutu Traditional Are a was destooled on 31 December 1969, and in his place one George Kwame Osadu had been enstooled under the...

input2/Ascherberg Hopwood and Crew Ltd v Casa Musicale Sonzogno Di Piero, Ostali Societa in Nome Collettivo and others — [1971] 1 All ER 577

Citation pending | 1970-11-19

‘ We revert to your letter of the 18th June last, … ’— and then later continued —‘ There can be no doubt that the Italian Agreements referred to in the Pleadings, as well as the Italian Judgments, are all governed by...

input2/Bank für Gemeinwirtschaft v City of London Garages Ltd and others — [1971] 1 All ER 541

Citation pending | 1970-11-19

Practice – Summary judgment – Leave to defend – Bill of exchange – Action on bill of exchange by holder in due course – Defence of fraud a ffecting bill set up – Clear evidence of value given in good faith and no...

BUOBUH v. MINISTER OF INTERIOR AND ANOTHER [1971] 1 GLR 127-

Citation pending | 1970-11-17

The plaintiff herein claims against the defendants N¢1,200.00 damages for an a lleged a ssault on him on 23 January 1967, by Messrs. J. O. A. Lamptey and J. K. Commey both of whom were prison officers at the material...

AMOAH AND OTHERS v WEST AFRICAN EXAMINATIONS COUNCIL AND OT1

Citation pending | 1970-11-13

www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 (d) an order of injunction to restrain the defendants from holding the examination scheduled for November 1970; (e) damages for negligence. Looking at...

CHARLOTTE OWUSU AND OTHERS v. AGYEPONG [1971] 1 GLR 56-62

Citation pending | 1970-11-12

In this case the plaintiffs' claim against the defendant endorsed on the writ of summons is as follows: "(a) An order of the court upon the defendant to subsist and maintain and educate the second and third plaintiffs...

C.F.A.O. v. ZACCA [1971] GLR 161-165

[1971] GLR 161 | 1970-10-30

In this a pplication, the defendant is a sking for an order striking out the writ of summons or dismissing the suit either under Order 25, r. 4 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), or...

input2/American Cyanamid Co v Upjohn Co — [1970] 3 All ER 785

Citation pending | 1970-10-27

Per Lord Reid. If the present problem had a risen while the pre-1949 law was still in force I am very much inclined to think that the court would have held that it was contrary to the general intendment of the Statute...

input2/Agreement (No 2) — [1971] 1 All ER 409

Citation pending | 1970-10-19

Members of an a ssociation, including all the manufacturers of large transformers in the United Kingdom, entered into an a greement ( ‘ the original a greement ’ ) whereby restrictions were placed on the prices at...