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Judgements Categories: British Courts

3PLR – IGWE V. UKWEJE

POLICY, PRACTICE AND PUBLISHING, 3PLR, LAW REPORTS [PDF copy of this judgment can be sent to your email for N300 only. Just order through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]   IGWE V. UKWEJE   PRIVY COUNCIL 11TH OCTOBER, 1960. P.C. NO.5 OF 1958 3PLR/1960/46 (PC)   OTHER CITATIONS   BEFORE THEIR LORDSHIPS LORD COHEN (Presided) LORD KEITH OF AVONHOLM L.M.D. DE SILVA (Read the Judgment of the Court)   BETWEEN ANOJE IGWE & ORS. (For themselves and on behalf of their people of Umunahu Uratta) AND OPARA UKWEJE & ORS. (For themselves and as representing their people of Umuofa […]

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3PLR – IDEAL FILM RENTING COMPANY, LIMITED V. NIELSEN

POLICY, PRACTICE AND PUBLISHING, 3PLR, LAW REPORTS [PDF copy of this judgment can be sent to your email for N300 only. Just order through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]   IDEAL FILM RENTING COMPANY, LIMITED V. NIELSEN   CHANCERY DIVISION [1920. I. 1272.] 1921 FEB. 18, 21. 3PLR/1923/5  (CH.D)   BEFORE: EVE J.   REPRESENTATION Clayton K.C. and G. G. Solomon for the plaintiffs Gover K.C. and R. L. Ramsbotham for the defendant. Solicitors: Arthur S. Joseph; Turner AND McCandlish   MAIN ISSUES REAL ESTATE: Landlord and Tenant – Underlease – Covenant not to assign without Consent – Cross-covenant […]

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3PLR – HOMES V. NEWMAN

POLICY, PRACTICE AND PUBLISHING, 3PLR, LAW REPORTS [PDF copy of this judgment can be sent to your email for N300 only. Just order through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097] HOMES V. NEWMAN.   [CHANCERY DIVISION] 1931 MARCH 5, 6. 1929. H. 4148.   OTHER CITATIONS [1931] 2 CH. 112 BEFORE: LORD TOMLIN   REPRESENTATION MANNING K.C. and A. C. NESBITT for the plaintiffs. Sir HERBERT CUNLIFFE K.C. and H. J. H. MACKAY for the defendant Solicitors: HANCOCK & WILLIS, for R. & C. B. MASEFIELD, LEDBURY; SMYTHE & BRETTELL, for S. SIRRELL, BROMYARD   MAIN ISSUES ESTATE ADMINISTRATION:- Action […]

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3PLR – HARMER V. JUMBIL (NIGERIA) TIN AREAS

HARMER V. JUMBIL (NIGERIA) TIN AREAS LIMITED. COURT OF APPEAL [1919. H. 2398.] 1920 July 6, 7, 8 [1921] 200 1 Ch. 1920 Oct. 21, 22, 25, Nov. 12 3PLR/1921/1  (CA-E)   CITATIONS BEFORE THEIR LORDSHIPS: LORD STERNDALE M.R. WARRINGTON and YOUNGER L.JJ.   REPRESENTATION Gover K.C. and P. F. S. Stokes for the plaintiff. Courthope Wilson K.C. and F. K. Archer for the defendants. Solicitor for plaintiff: Edwin Cobbing. Solicitors for defendants: Poole & Robinson.   MAIN ISSUES REAL ESTATE/LAND LAW:- Lease – Explosives Magazine – Packing Shed – Licences – Buildings within prohibited Distances – Grant – Derogation – […]

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3PLR – HAND V. HALL.

HAND V. HALL.   IN THE COURT OF APPEAL 1877 June 15. 2 Ex.D. 355 CITATION   BEFORE THEIR LORDSHIPS LORD CAIRNS, C. COCKBURN, C.J., and BRETT, L.J.   REPRESENTATION Powell, Q.C., and Arthur Underhill for the plaintiff. Francis, for the defendant. Solicitors for plaintiff: Gregory, Rowcliffes, & Rawle, for Mamby, Wolverhampton. Solicitors for defendant: Pickett & Mytton, for T. W. Hall, Bilston.   MAIN ISSUES REAL ESTATE/LAND LAW:-Landlord and Tenant – Agreement, Construction of – Demise, Actual or Contingent – Option to Lessee to continue holding for Three Years beyond a Demise for a Year INTERPRETATION OF STATUTE:– Statute […]

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3PLR – HAMMOND V. ALLEN AND OTHERS

HAMMOND V. ALLEN AND OTHERS   QUEEN’S BENCH DIVISION [1994] 1 ALL E.R. 307 6, 7 FEBRUARY, 10 JULY 1992 3PLR/1992/44 (QB.)   BEFORE HIS LORDSHIP: OWEN J   REPRESENTATION David Stockill (instructed by Cowlishaw & Mountford, Uttoxeter) – for the plaintiff Joanne Moss (instructed by Hacking Ashton Jervis & Co, Newcastle under Lyme) – for the defendants Cur adv vult   MAIN ISSUES AGRICULTURE AND FOOD LAW: AGRICULTURAL HOLDING/ESTATE – Lease agreement for farm and its fixed equipment – Where agreement incorporates statutory clause impelling landlord to effect extensive damage to property and farm equipment – How treated COMMERCIAL […]

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3PLR – GIDRXSLME SHIPPING CO LTD V. TANTOMAR-TRANSPORTES MARITIMOS LDA

GIDRXSLME SHIPPING CO LTD V. TANTOMAR-TRANSPORTES MARITIMOS LDA   QUEEN’S BENCH DIVISION (COMMERCIAL COURT)  [1994] 4 ALL E.R. 50 28 APRIL, 5, 11 MAY 1994 3PLR/1994/46  (SC)   BEFORE: COLMAN J   REPRESENTATION David Bailey (instructed by Hewett & Co) – for the plaintiffs Nigel Jacobs (instructed by Holmes Hardingham) – for the defendants Cur adv vult   MAIN ISSUES CIVIL PROCEDURE: ADMINISTRATION OF JUSTICE; Arbitration Practice – Pre-trial or post-judgment relief – Mareva injunction – Discovery in aid of injunction – Arbitration award – Post-award injunction restraining removal of assets out of or disposal within jurisdiction – Worldwide disclosure […]

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3PLR – GEORGE WIMPEY AND CO. LTD V. SOHN AND ANOTHER

GEORGE WIMPEY AND CO. LTD V. SOHN AND ANOTHER   COURT OF APPEAL 1960 G. NO. 2094 1965 NOV. 15, 16, 17, 18, 19 DEC. 4 3PLR/1965/33  (SC)   BEFORE THEIR LORDSHIPS: HARMAN DIPLOCK RUSSELL L.JJ.   MAIN ISSUES COMMERCIAL LAW REAL ESTATE Vendor and Purchaser – Defective title – Right to rescind contract – Contract for sale of hotel and garden – Title to garden to be established by statutory declaration as to 20 years’ undisputed possession – Vendor’s failure to prove – Whether purchaser obliged to accept alternative means of proving title.   Easement – Prescription – Adverse […]

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3PLR – GALLIE V. LEE AND ANOTHER

GALLIE V. LEE AND ANOTHER   [1969] 1 All ER 1062 COURT OF APPEAL, CIVIL DIVISION 25 FEBRUARY 1969  3PLR/1969/47  (CA-E) BEFORE THEIR LORDSHIPS:     LORD DENNING MR, RUSSELL AND SALMON LJJ REPRESENTATION Sharpe, Pritchard & Co agents for Shoosmiths & Harrison Northampton (for the second defendants); Hunt & Hunt (for the plaintiff) F Guttman ESQ Barrister   MAIN ISSUES Mistake – Nature of document – Assignment on sale – Deed assigning leasehold term to defendant – Assignor executed deed in belief that it was deed of gift to nephew – Assignor a widow aged 78 who did not read […]

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3PLR – G. K. LADENBAU (U.K.) LTD. V. CRAWLEY and DE REYA

K. LADENBAU (U.K.) LTD. V. CRAWLEY AND DE REYA   COURT: QUEEN’S BENCH DIVISION DATE: 27 APRIL 1977 3PLR/1977/29  (QB)   BEFORE                                                                                 Mocatta J.   REPRESENTATION   MAIN ISSUES Solicitors were engaged to purchase land. They failed to carry out a search of the commons registry. A right had been entered in the register in error. They were told in answers to their pre-contract enquiries that no such rights were known to the vendor. On a resale the purchaser searched revealing an entry. Held: Registration of common rights was conclusive evidence of the matters registered. The fact that the land […]

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MAHARAJ V. ATTORNEY GENERAL OF TRINIDAD AND TOBAGO

MAHARAJ V. ATTORNEY GENERAL OF TRINIDAD AND TOBAGO   PRIVY COUNCIL (NO 2) [1978] 2 ALL E.R. 670 13, 14 DECEMBER 1977, 27 FEBRUARY 1978 3PLR/1978/46  (PC)   BEFORE THEIR LORDSHIPS                 LORD DIPLOCK, LORD HAILSHAM OF ST MARYLEBONE, LORD SALMON, LORD RUSSELL OF KILLOWEN AND LORD KEITH OF KINKEL   MAIN ISSUES COMMONWEALTH; Commonwealth Countries: CONSTITUTIONAL; Civil Rights and Liberties Trinidad and Tobago – Constitutional law – Human rights and freedoms – Right not to be deprived of liberty otherwise than by due process of law – Redress – Committal for contempt of court – Judge failing to specify […]

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LONRHO PLC AND OTHERS V. FAYED AND OTHERS

LONRHO PLC AND OTHERS V. FAYED AND ORS   COURT OF APPEAL CIVIL DIVISION (NO 5) [1994] VOLUME 1 ALL. E.R 188 15–17, 30 JUNE, 1, 22 JULY 1993 3PLR/1993/68  (CA-E)   BEFORE THEIR LORDSHIPS DILLON, STUART-SMITH AND EVANS LJJ   MAIN ISSUES TORTS; Other Torts Tort – Conspiracy – Ingredients of tort – Damages – Actual pecuniary loss – Whether damages for injury to reputation or business reputation recoverable when defamation not alleged – Whether damages for injury to business reputation recoverable as a form of injury to property – Whether damages for injury to feelings recoverable when defamation […]

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