JAMES AUGUSTUS WILLIAMS V. PATIENCE PRATT JOHNSON

POLICY AND PRACTICE LAW REPORTS, 2PLR

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JAMES AUGUSTUS WILLIAMS

V.

PATIENCE PRATT JOHNSON

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

THE 19TH DAY OF JULY, 1937

PRIVY COUNCIL APPEAL NO. 84 OF 1935

2PLR/1937/7 (PC)

OTHER CITATION(S)

2PLR/1937/7 (PC)

(1937) II WACA 253 – 257

LEX (1937) – II WACA 253 – 257

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BEFORE THEIR LORDSHIPS:

LORD RUSSELL OF KILLOWEN,

LORD ROCHE.

SIR LANCELOT SANDERSON

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BETWEEN:

JAMES AUGUSTUS WILLIAMS – Appellant

AND

PATIENCE PRATT JOHNSON – Respondent

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ORIGINATING COURT(S)

WEST AFRICAN COURT OF APPEAL WHICH REVERSED THE JUDGMENT OF THE TRIAL JUDGE WEBBER C.J,-.

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

HEALTHCARE AND LAW:- Professional services rendered to friends and without charge by a medical doctor – Relationship arising therefrom – Whether doctor-patient relationship – Legal implications

ELDERS LAW – HEALTHCARE AND ESTATE ADMINISTRATION:- Gift of land by deed made by octogenarian to a doctor who had treated her severally and for free – Validity of – Relevant considerations

ESTATE ADMINISTRATION AND PLANNING:- Voluntary conveyance of land via deed by an aged plaintiff – Application to have the conveyance set aside on ground that the deed was executed under the influence of the defendant, her medical attendant, without independent advice and that she executed the conveyance in ignorance of its true nature – How treated – Relevant considerations

ESTATE ADMINISTRATION AND PLANNING:- Donation of gift – Challenge of validity thereto on grounds of presumption of undue influence or breach of fiduciary duties – How rebutted – Whether independent legal advice is the only way in which the presumption can be rebutted

ETHICS – MEDICAL PROFESSIONAL AND LEGAL PRACTITIONER:- Advice of legal practitioner – When absence of would not necessitate a finding of undue influence/breach of fiduciary duties against a medical practitioner who received a conveyance from a patient – Relevant considerations

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PRACTICE AND PROCEDURE ISSUE(S) JUDGMENT AND ORDER:- Presumption of correctness and regularity of a court’s judgment – How may be rebutted – Relevant considerations by appellate court

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