LANDLORD AND TENANT cont.

Breach of covenant. See Determination of tenancies. Repair, fitness and

alteration

Compensation. See Determination of tenancies
Determination of tenancies

forfeiture

...... 244

action for recovery of possession-notice of judgment obtained
against tenant to be served on sub-tenant in occupation before
writ of possession issued: Jaber v. Basma (W.A.C.A.)
action for recovery of possession-person in occupation normally
proper defendant-landlord may direct writ to sub-tenant or
tenant or both: Basma v. Jaber (S.C.)
landlord must first require compensation from tenant for any loss
incurred-compensation may include interest on outstanding
sums: Basma v. Noureldine (W.A.C.A.)
relief against forfeiture-compensation payable by tenant-interest
recoverable on amount due to landlord-failure to pay
interest will not bar relief where amount negligible: Basma
v. Noureldine (W.A.C.A.)

relief against forfeiture-court has discretion to grant relief-
conduct of tenant to be considered-relief not granted where
landlord's title impugned or tenant continues in breach of
covenant: Jaber v. Radar (S.C.)

226

271

271

.... 97

relief against forfeiture-court has wide and unfettered discretion
to grant relief: Basma v. Noureldine (S.C.)
relief against forfeiture-relief not granted where landlord's title
impugned-inadvertent denial in pleadings sufficient: Garrick
v. Whitfield (S.C.)

relief against forfeiture-requisites of notice of breach of covenant:
Garrick v. Whitfield (S.C.)

landlord: Radar v. Jaber (S.C.) See Determination of tenancies

remedies of tenant-equitable relief or damages but no right to eject

Ejectment.

234

394

394

107

Forfeiture. See Determination of tenancies
Limitation of actions. See Possession
Possession

action for possession
defendants-person in occupation normally proper defendant—
landlord seeking forfeiture may direct writ to sub-tenant or
tenant or both: Basma v. Jaber (S.C.)

226

limitation of action-time does not run where tenant at will's adverse possession not exclusive or independent of owner: Tarawalli v. Sesay (W.A.C.A.)

248

notice of judgment obtained against tenant to be served on sub-tenant in occupation before writ of possession issued: Jaber v. Basma (W.A.C.A.)

244

re-entry

landlord may retake possession by force: Radar v. Jaber (S.C.) ... 107
re-entry by person entitled to freehold vests actual possession in
him-tenant cannot set up adverse possession against him:
Radar v. Jaber (S.C.)

Re-entry. See Possession

Remedies of tenant. See Determination of tenancies
Repair, fitness and alteration

tenant's liability for alteration-breach of covenant to repair for
tenant to open and keep open partition without landlord's consent:
Jaber v. Radar (S.C.)

tenant's liability for repair covenant to repair performed if tenant
keeps premises reasonably and substantially in repair-not sufficient
to employ competent persons who do not execute repairs
properly: Jaber v. Radar (S.C.)

Reversion, injury to. See Trespass to land
Tenancy at will. See Possession

Title, denial of. See Determination of tenancies

107

97

97

tenant in possession proper plaintiff-landlord can recover only for injury to reversion: Solomon v. Aboud (S.C.)

Writ of possession. See Possession

LAND USE PLANNING
Building regulations

approval of plans-failure to signify disapproval within statutory time limit prevents subsequent objection to building-Freetown

21

Improvement Ordinance (cap. 89): In re Hamilton (S.C.) ...... 179 building permits-permit granted under Kroo Reservation Ordinance (cap. 115), Schedule B, r.5-holder put into sufficient constructive possession to support trespass action: Kabgbae v. Kofa (S.C.) 48 Compensation. See Compulsory acquisition

Compulsory acquisition compensation

disputed assessments-costs of application by Attorney-General for
assessment by court in discretion of court: John v. Att.-Gen.
(W.A.C.A.)

disputed assessments-factors to be considered by court in
ascertaining quantum: John v. Att.-Gen. (S.C.)
disputed assessments-Public Lands Ordinance (cap. 193), s.18(3)
not restricted to disputed assessments-property may be
compulsorily acquired without compensation if claim not
brought within time limit: In re Public Lands Ordinance
(W.A.C.A.)

ex parte assessment by court not award of compensation under
Public Lands Ordinance (cap. 193), s.18(4)-court has no
jurisdiction under s.18(4) to hear claim for compensation out
of time: In re Public Lands Ordinance (S.C.)
no acquisition without compensation unless statute expresses
such intention clearly and unambiguously: In re Public Lands
Ordinance (W.A.C.A.)

266

211

402

390

402

no acquisition without compensation unless statute expresses such
intention clearly and unambiguously-provision of time limit
for claims in Public Lands Ordinance (cap. 193), s.18(3) does
not show such intention: In re Public Lands Ordinance (S.C.) 390
test of value-hypothetical sale: John v. Att.-Gen. (S.C.) ....

Jurisdiction of courts. See Compulsory acquisition
Limitation of actions. See Compulsory acquisition

LEADER OF OPPOSITION. See CONSTITUTIONAL LAW

LEASES. See LAND LAW. LANDLORD AND TENANT

LEGAL PROFESSION

Disciplinary proceedings

conduct tending to bring profession into disrepute
conduct must be disgraceful or dishonourable to professional
brethren of good repute and competency: In re Rogers-Wright
(S.C.)

solicitor must not mislead court or withhold relevant facts: In re
Rogers-Wright (S.C.)

solicitor should act honourably in dealing with client's adversary:
In re Rogers-Wright (S.C.)

solicitor's negligence as to conduct of clerk may amount to pro-
fessional misconduct-court will suspend or strike solicitor
off Roll only for personal misconduct: In re Rogers-Wright
(W.A.C.A.)

solicitor who acts for clients with conflicting interests guilty of
professional misconduct-not sufficient to tell client to look
for another solicitor: In re Rogers-Wright (W.A.C.A.)
solicitor who knowingly allows false affidavit to be made guilty of
professional misconduct: In re Rogers-Wright (S.C.)

211

LEGAL PROFESSION cont.
Disciplinary proceedings cont.

conduct tending to bring profession into disrepute cont.
solicitor who knowingly files false affidavit guilty of professional
misconduct: In re Rogers-Wright (W.A.C.A.)

West African Court of Appeal capable of establishing standard of
care required of practitioners-will interfere only reluctantly
with decision of Chief Justice in disciplinary proceedings: In
re Rogers-Wright (W.A.C.A.)
court has discretion to strike practitioner off Roll: In re Rogers-Wright
(S.C.)

Obligations towards client

professional negligence-solicitor's negligence as to conduct of clerk may amount to professional misconduct: In re Rogers-Wright (W.A.C.A.)

Professional etiquette

76

76

16

76

76

conflict of interests-solicitor who acts for clients with opposing interests guilty of professional misconduct-not sufficient to tell client to look for another solicitor: In re Rogers-Wright (W.A.C.A.) relationship with other practitioners-solicitor should act honourably in dealings with client's adversary: In re Rogers-Wright (S.C.)... 16 Professional misconduct. See Disciplinary proceedings Professional negligence. See Disciplinary proceedings

LEGISLATION. See BRITISH COMMONWEALTH. STATUTES

adverse possession

defendant need not prove adverse possession to acquire statutory title: Rahman v. Elba (S.C.)

88

tenancy at will-time does not run where tenant at will's adverse
possession not exclusive and independent of owner: Tarawalli
v. Sesay (W.A.C.A.)

248

recovery of possession

action not barred if plaintiff's interest kept alive by acknowledg-
ment of title by person in possession: Spaine v. Abdullah
Muctaru (S.C.)

384

action not barred if plaintiff's interest kept alive by contribution to rates and taxes: Spaine v. Abdullah Muctaru (S.C.) ...... 384 statutory title cannot be acquired by person who lives with owner in property-time runs against owner if leaves property and other person continues in possession: Rahman v. Elba (S.C.) 88 Recovery of possession. See Land

LIQUOR

Drunkenness. See CRIMINAL LAW
Offences

keeping open licensed premises during prohibited hours-elements of offence-intoxicating liquor must be available to outsiders during prohibited hours: Wray v. Commissioner of Police (S.C.) .... 62 LOCAL GOVERNMENT Elections election petitions-security for costs-Rural Area Ordinance, 1949, s.37(1) imperative and absolute-failure to give security as required renders petition invalid: In re Rural Area Ordinance, 1949 (S.C.)

85

MALICIOUS PROSECUTION. See TORT

MANSLAUGHTER. See CRIMINAL LAW

MARRIAGE. See FAMILY LAW

MARRIED WOMEN'S PROPERTY. See FAMILY LAW

MASTER OF SUPREME COURT. See CIVIL PROCEDURE
MENS REA. See CRIMINAL LAW

MENTAL HEALTH

Insanity. See CRIMINAL LAW

MINISTERS OF RELIGION. See ECCLESIASTICAL LAW
MISREPRESENTATION. See CIVIL PROCEDURE

MISTAKE. See CIVIL PROCEDURE

MOHAMMEDAN LAW. See SUCCESSION

MURDER. See CRIMINAL LAW

NATURAL JUSTICE. See JURISPRUDENCE

NEGLIGENCE. See BAILMENT. LEGAL PROFESSION. TORT
NOLLE PROSEQUI. See CRIMINAL PROCEDURE

OFFICIAL ADMINISTRATOR. See SUCCESSION

PERPETUITIES. See LAND LAW

PLEADING. See CIVIL PROCEDURE

PLEAS. See CRIMINAL PROCEDURE

POLICE

Officers acting as prosecutors. See CRIMINAL PROCEDURE

POLITICAL PARTIES. See CONSTITUTIONAL LAW

RES IPSA LOQUITUR. See EVIDENCE

ROYAL PREROGATIVE. See CONSTITUTIONAL LAW

SENTENCE. See CRIMINAL PROCEDURE

SHIPPING

Carriage of goods

unloading delivery to consignee special stipulations or custom as to mode of delivery-when delivery effected so as to discharge shipowner's liability: Wright v. Elder Dempster Lines Ltd. (S.C.)

SLANDER. See TORT

SPECIFIC PERFORMANCE. See CONTRACT

STATUTES

Construction. See Interpretation

Effect. See Operation

364

STATUTES cont.
Interpretation

intention of legislature-intention to be derived from review of whole
enactment: Palmer v. Stooke (W.A.C.A.)
retrospective legislation-retrospective operation clearly intended or
necessarily and distinctly implied must be given effect-statutes
affecting vested rights or legality of past transactions or con-
tracts especially restricted: John v. Att.-Gen. (S.C.) .....

statutes affecting existing rights

Operation

no retrospective effect unless clearly intended or necessarily and
distinctly implied: John v. Att.-Gen. (S.C.)
statute purporting to take away property rights-no compulsory
acquisition without compensation unless statute expresses
such intention clearly and unambiguously: In re Public Lands
Ordinance (S.C.)

In re Public Lands Ordinance (W.A.C.A.)

mandatory and directory enactments-Rural Area Ordinance, 1949,
s.37(1) imperative and absolute: In re Rural Area Ordinance,
1949 (S.C.)

retrospective effect-none unless clearly intended or necessarily and
distinctly implied-statutes affecting vested rights or legality of
past transactions or contracts especially restricted: John v.
Att.-Gen. (S.C.)

325

211

211

390

402

85

211

Proof and citation legislation prima facie proved by production of copy printed by Government Printer-court may base decision on original where official copy contains discrepancy: Palmer v. Stooke (S.C.) ... 284 Retrospective effect. See Interpretation. Operation

Ultra vires and repugnancy

creation of Legislative Council for Colony of Sierra Leone not ultra vires Sierra Leone (Legislative Council) Order in Council, 1951: Palmer v. Stooke (S.C.)

Palmer v. Stooke (W.A.C.A.)

SUCCESSION
Administration of assets

payment of debts-specific and residuary devises rank together in payment order-devisees of sold realty entitled to contribution from devisees of unsold realty proportional to value of realty as whole: In re Allie (Dcd.) (S.C.)

Children. See Wills
English law. See Law applicable
Executors and administrators

appointment of administrator-court must appoint administrator in certain circumstances-choice of administrator at court's discretion: Randall v. Official Admor. (S.C.)

number of executors

.....

grant of probate limited to four executors in respect of same
property-any other executors can take up power only when
vacancies occur: In re O'Reilly (Dcd.) (S.C.)

grant of probate limited to four executors in respect of same
includes whole of testator's
property property"

In re O'Reilly (Dcd.) (S.C.).....

Grants of administration. See Probate and letters of administration
Heirs. See Wills

Intestate succession

estate:

disposal of estate
Krooman's legitimate children entitled to equal shares in estate
to exclusion of any widow and other relatives: Wilkin v.
Weati (S.C.)

petitions to court on legal, equitable or moral grounds-blood
relationship with deceased does not guarantee share-must
be close relationship and proved need: In re Thomas (Dcd.)
(S.C.)

3 S.L.-b