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Case Law
5000 cases across 17 courts
5000 cases
1 has been complied with. | 1959-12-01
a voided; and claiming a lternatively, if the stipulation in para 1 of the special conditions were a covenant and not a condition, a declaration of forfeiture of the lease under s 83b of the Crown Lands Ordinance,...
[1959] GLR 410 | 1959-11-26
(His lordship set forth the history of the proceedings, and continued: —) I shall deal firstly with the issue whether or not there has been a valid a rbitration upon the dispute between the plaintiff and the Caesar...
[1959] GLR 390 | 1959-11-23
Van Lare J. A. delivered the judgment of the Court: This is a judgment of the Court in the preparation of which we all participated. The proceedings in this case commenced with an a pplication filed by the plaintiff in...
It must | 1959-11-20
Though an indefinite bequest of income to an individual shows, as a matter of interpretation and in the absence of words indicating the contrary, an intention that the donee shall be entitled to call for the capital,...
[1959] GLR 387 | 1959-11-20
(His lordship reviewed the history of the matter, and continued: — The Native Court gave judgment on the 11th March, 1958, in the first action (Atakpla v. Kano) in the following terms: — "In this case Atakpla sued Kano...
[1959] GLR 383 | 1959-11-20
This appeal was the third case of its kind to come before this Court within a period of two weeks. In each case the record disclosed a failure on the part of a Commissioner of Assize sitting with the aid of a ssessors...
[1959] GLR 377 | 1959-11-17
joint effort of a man and his wife and/or children, and any property which the man a cquires with such proceeds, are by customary law the individual property of the man. It is not the joint property of the man and the...
[1959] GLR 376 | 1959-11-10
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 3 In this matter it a ppears that the learned Commissioner heard the case when no hearing date had been fixed. Upon the parties filing their pleadings,...
[1959] GLR 365 | 1959-11-06
(His lordship stated the facts and the grounds of appeal, and continued: -) In our view, there is evidence on record upon which the Court might reasonably have convicted the a ppellant of the offence for which he was a...
23/1959 | 1959-11-02
On the 27th October, 1959 we a llowed this appeal from a judgment of the Judge of the Land Court, Sekondi, by which he set a side a decision in favour of the defendant in the Shama Native Court “B” (His lordship stated...
[1959] GLR 358 | 1959-10-30
(His lordship referred to the history of the case, examined the evidence of the plaintiff and his witnesses, and continued: -) From the foregoing examination of the evidence of the plaintiff and his two witnesses, it a...
Citation pending | 1959-10-29
This was an originating summons under the Variation of Trusts Act, 1958, heard in open court on 29 October 1959. By the summons the a pplicants were a sking for an extension of powers of investment to give power to...
[1959] GLR 353 | 1959-10-27
This is an appeal by the defendant, with a cross -appeal by the plaintiff, from the judgment of a Commissioner of Assize and Civil Pleas, delivered in Accra on the 12th February, 1959. On the 13th October, 1959, we a...
[1959] GLR 347 | 1959-10-10
(His lordship referred to the pleadings, and continued:) Upon those pleadings the plea that the dispute was res judicata by reason of the judgments pleaded became a preliminary issue to be determined. The plaintiff a...
Citation pending | 1959-10-09
Shipping – Salvage – Payment into court of one sum – Two salvors – Two causes of action consolidated – Whether sum paid need be a pportioned between two salvors – RSC, Ord 22, r 1(2).
Citation pending | 1959-10-06
Per Lord Evershed MR (Sellers and Harman LJJ concurring): in the case of a revenue statute of this kind (the Income Tax Act, 1952) it is the duty of this court, unless there are compelling reasons to the contrary and...
[1959] GLR 343 | 1959-10-05
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 In our view, the evidence given at the trial of the a ppellant raised the question whether or not, when he committed the act which he a dmits he...
[1959] GLR 332 | 1959-10-05
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 6 of murder, should a ctually have taken part in a physical act in connection with the crime. If he has participated in the crime -that is to say, if he...
[1959] GLR 337 | 1959-10-05
Granville Sharp J.A. delivered the judgment of the Court: The only point raised in support of this appeal is that the learned Judge, who sat with a ssessors, misdirected himself as to the law relating to provocation,...
[1959] GLR 323 | 1959-09-29
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 The evidence led by the plaintiff and his witnesses was that about 200 years ago, while the Krobos were still living on the Krobo Hill, his a ncestors...
[1959] GLR 314 | 1959-09-28
(His lordship stated the facts of the case, and proceeded: -) There is no doubt that Mensah misconceived the requirements of the law as to the proper execution of a Will, but it is clear on the evidence that his sole...
[1959] GLR 307 | 1959-09-28
(His lordship stated the facts, and proceeded: -) The only point for decision in this appeal is whether the verdict should have been one of guilty but insane. The a ppellant was described as really fond of the...
[1959] GLR 309 | 1959-09-28
This a ppellant was convicted by a jury before Simpson J., sitting at Accra on the 23rd April, 1959, for the murder of one Kwabena Ahunu at Okrakwadjo on the 14th December, 1958. [p.311] The a ppellant raised as a...
[1959] GLR 303 | 1959-09-18
Van Lare J A. delivered the judgment of the Court. (His Lordship referred to the facts and proceeded: -) The appeal was a bly a rgued for the a ppellant, mainly on the ground that the conviction cannot be supported...
[1959] GLR 300 | 1959-09-14
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 4 upon priority as between the plaintiff's deed of conveyance dated the 26th February, 1953, and that of the defendant dated the 14th April, 1955. Counsel...
[1959] GLR 292 | 1959-09-10
(His lordship referred to the pleadings and continued: -) The plaintiff's first witness (a daughter) under cross -examination by counsel for the first defendant stated that her father the plaintiff had a pportioned the...
[1959] GLR 287 | 1959-08-31
(His lordship stated the history of the matter, and continued: —) The absence of any evidence of the delivery of the defamatory air -letter to, or of its receipt by, the a ddressee, and the rather strong suspicion...
Citation pending | 1959-08-01
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 2 exhibit A. Quarm v Yankah II (1930) 1 W ACA 80 at 83 and Ababio v Tutu [1962] I GLR 489, SC cited. N AK II. Accordingly, the a ppellant's action was...
I confess that it seems to me to be indeed ungracious of A even to suggest it. C would not have a greed to run the risk that A might be negligent | 1959-07-24
A company, which carried on business as builders and contractors, undertook work on a well which involved clearing it of water. The well was some fifty feet deep and about six feet in diameter. H, a director of the...
Citation pending | 1959-07-24
SALMON J having stated the facts and the relief claimed by the plaintiffs, referred to the Inclosure Act of 1800 and to the commissioners ’ a ward made thereunder. His Lordship then referred to the transfer, by s 11 of...
Citation pending | 1959-07-21
By their originating summons dated 7 October 1958, the plaintiffs, the executors of the will of Tom Shipside, deceased, a sked for the determination under s 3 of the Administration of Justice (Miscellaneous Provisions)...
Citation pending | 1959-07-13
By a writ issued on 6 January 1959, the plaintiff, Jasper Jocelyn John Addis, inquiry agent, claimed damages for libel contained in a document headed Findings and Orders, No 2627 – 1958, dated 14 August 1958, signed by...
[1959] GLR 269 | 1959-06-25
In this case the plaintiff -a ppellant, relying upon the oral grant to him of a certain piece of land by the Osu Stool in 1933 (confirmed by a Deed of Conveyance in 1957), sued the defendant - respondent for a...
[1959] GLR 278 | 1959-06-25
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 5 In our opinion, the learned trial -Judge has given a true interpretation of section 11(1)(e). After a careful consideration of the question raised by...
[1959] GLR 281 | 1959-06-25
The plaintiff, by his writ of summons issued on the 19th day of June, 1948 in the Asin Confederacy Native Court "A," claimed damages for trespass, and an injunction restraining the defendant, [p.283] his a gents and...
[1959] GLR 176 | 1959-06-25
contained goods which were much inferior to sample, and this state of a ffairs seems to have been [p.178] a ccepted by the defendant. An attempt was, however, made by him, and by Counsel on his behalf at the trial, to...
[1964] GLR 1 | 1959-06-25
The appeal is against a judgment of the District Magistrate, Cape Coast (E. T. Aryee, Esq.), hereinafter referred to shortly as the magistrate, whereby, after rejecting the a ppellant's plea that the [p.4] claim was...
Q. | 1959-06-24
A wife a ppealed against the dismissal by Barnard J on 27 November 1958, at Winchester, of her petition for divorce on the grounds of sodomy and cruelty. Barnard J having found that the cruelty had not been proved and...
Citation pending | 1959-06-17
The vendor contracted to sell for £580 the unincumbered fee simple of land which at the date of the contract was subject to a mortgage to a building society to secure repayment by monthly instalments of some £2,900 and...
[1959] GLR 457 | 1959-06-17
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 2 (1) R. v. Guardians of Lewisham Union ( [1897] 1 Q.B. 498); remedy equally convenient, beneficial and a ppropriate; (ii) there must have been a distinct...
Citation pending | 1959-06-17
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 2 (1) R. v. Guardians of Lewisham Union ( [1897] 1 Q.B. 498); (ii) there must have been a distinct demand and refusal to do the act; (iii) the duty to be...
[1959] GLR 261 | 1959-06-08
This is an appeal from a decision of the Judge in the Land Court who, on the 31st December, 1955, directed that judgment be entered for the defendants, the respondents in this Court, in a suit in which the [p.265] a...
[1959] GLR 253 | 1959-06-06
Kumasi. This enterprise had received recognition and financial support from the Government Social Welfare Department. In 1956 she began building premises for the school on plot No. 19 in the Asikwa residential are a....
Citation pending | 1959-06-05
This was an a ward in the form of a Special Case stated by the Committee of Appeal of the Incorporated Oil Seed Association (hereinafter called IOSA), under s 21(1)(b) of the Arbitration Act, 1950, on an appeal to the...
4330. | 1959-06-01
In an action for deceit in respect of a lleged fraudulent misrepresentation made in writing the question is not whether the defendant honestly believed the representation to be true in the sense a ssigned to it by the...
Citation pending | 1959-06-01
In this motion, the National Employers Mutual General Insurance Association Ltd. (hereinafter referred to as the a pplicants), have a pplied for certiorari to quash the tax a ssessments for 1962 - 63 to 1970 -71 a...
[1959] GLR 250 | 1959-06-01
(His lordship referred to the pleadings, and proceeded: -) The most important point which learned counsel for the defendant has made is that on the face of the writ of summons itself, and upon the whole evidence, the...
[1959] GLR 237 | 1959-05-29
Granville Sharp J.A., delivered the judgment of the Court: (His lordship stated the facts, and proceeded: —) Whatever may be the fact as to the purchase of cloth, it is perfectly clear that the story told by the first...
[1959] GLR 241 | 1959-05-29
Plaintiff established that he obtained a grant in December, 1939 by the Anahor Stool. Prior to that, viz. in September, 1939, the Osu Stool (which includes the Anahor Stool) purported to grant land, including the...
[1959] GLR 230 | 1959-05-25
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 5 It is a dmitted by both sides that the property was sold at public auction in 1936 by order of the District Magistrate's Court, in execution of a decree...