INDEX Page ACT OF STATE. See CONSTITUTIONAL LAW ADMINISTRATION OF ASSETS. ADMINISTRATIVE LAW See SUCCESSION costs discretion of court as to costs not applicable in Crown proceedings-application by Attorney-General for assessment of compensation for compulsory acquisition of property not Crown proceeding: John v. Att.-Gen. (W.A.C.A.) Compensation, assessment of. See Crown proceedings Compulsory purchase. See Crown proceedings Costs. See Crown proceedings Public officers authority of public officer-citizen protected if misled by public officer into believing acting legally-protection extends to criminal offence Tribunals 266 of which knowledge necessary element: In re Hamilton (S.C.) 179 procedure no interference by court until all other rights of appeal exhausted: N'Danema v. Renner (W.A.C.A.) ADULTERY. See CRIMINAL LAW. FAMILY LAW AFRICAN LAW AND CUSTOM. See SUCCESSION Authority of agent limits of authority-agent presumed to have no authority to pledge credit of foreign principal even if named-presumption rebutted if privity of contract between principal and third party or by evidence of contrary intention: Hashim v. S.C.O.A. (Š.C.) Disclosed principal. See Duties and liabilities of principal. Rights of principal Duties and liabilities of agent liability in contract agent contracting in own name liable even if existence of principal agent signing contract in own name prima facie personally liable evidence admissible to show party signing memorandum contracted 432 64 34 64 34 other contracting party may elect to sue either agent or disclosed 34 64 liability in tort-agent liable to third party for wrongful act in course Election. See Duties and liabilities of principal Foreign principal. See Authority of agent Rights of principal rights against third party—when disclosed principal may sue third party -principal may sue on contract though not named in memorandum in writing if agency relationship known by third party: Basma v. Weekes (P.C.) 34 ALIENS AND NATIONALITY Civil and criminal liability of aliens execution of judgments-Execution against Real Property Ordinance (cap. 75) does not apply to aliens-land can be attached only under writ of elegit: Feisal v. Basma (S.C.) APPEALS. See ADMINISTRATIVE LAW. CIVIL PROCEDURE. CRIMINAL PROCEDURE ARMED SERVICES Discipline redress of wrongs-procedure-statutory procedure as bar to civil proceedings must be specifically pleaded: Kangama v. Alexandria (S.C.) ASSESSORS. See CRIMINAL PROCEDURE AUCTION. See LAND LAW obligations of hirer hirer bound to exercise reasonable care-injury to chattel during 168 205 205 hirer bound to exercise reasonable care-must restore chattel to 205 hirer bound to exercise reasonable care-not liable for loss unless caused by own or employees' negligence: Loko v. Pauline & Co. (S.C.) 205 Vicarious liability. See Hire of chattels BREACH OF PROMISE. See FAMILY LAW BRITISH COMMONWEALTH Colonies royal prerogative-all legislation for ceded or conquered colony by royal prerogative-prerogative power to legislate for settled colony limited to setting up representative institutions unless British Settlements Acts relied on-Colony of Sierra Leone settled colony: Palmer v. Stooke (S.C.) Legislative competence of King in Council colonies-all legislation for ceded or conquered colony is by royal prerogative prerogative power to legislate for settled colony limited to setting up representative institutions unless British Settlements Acts relied on-Colony of Sierra Leone settled colony: Palmer v. Stooke (S.C.) 284 284 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.) 284 Palmer v. Stooke (W.A.C.A.) 325 BUILDING REGULATIONS. See LAND USE PLANNING BURDEN OF PROOF. See EVIDENCE CARRIAGE OF GOODS Carriage by sea. See SHIPPING CHARITIES Charitable purposes public benefit general public utility not charitable purpose unless benefits public -trust no less charitable because incidentally benefits rich as well as poor: In re Allie (Ded.) (S.C.) 338 provision of money to members of testator's family for expenses CHARITIES cont. Charitable purposes cont. test of charitable purpose-trust must be for relief of poor, advancement of education or religion, or other purpose beneficial to community: In re Allie (Dcd.) (S.C.) Cy-près doctrine impracticable purpose-doctrine applied where main object of gift defeated by operation of discriminatory condition-"Agricultural Academy for education of male natives of Colony" insufficient number of such natives defeats main object so extended to male natives of Protectorate: In re Thomas Charity Trust (S.C.) meaning-court substitutes object as near as possible to intention of donor for failed or impracticable object: In re Thomas Charity Trust (S.C.) Rule against perpetuities 338 12 12 valid charitable trust not void for perpetuity: In re Allie (Dcd.) (S.C.) 338 CIVIL PROCEDURE Appeals ... 271 appeal against exercise of judicial discretion-appeal court will interfere appeals to Privy Council-West African (Appeal to Privy Council) matters of fact-appellate court will not set aside concurrent findings: procedure failure to fulfil statutory condition fundamental to appeal pro- Capacity of parties. See Parties Certificates Master's certificate-contents of certificate in cases of accounts- Compensation. See Execution Compromise. See Interlocutory proceedings Condition precedent to right of action. See Pleading Crown proceedings-discretion of court as to costs not applicable in Default judgment. See Judgments and orders Defendants. See Parties Discontinuance and dismissal dismissal for want of prosecution-failure of plaintiff to give month's notice of intention to proceed fatal if year since last interlocutory proceeding: Johnson v. Roberts (S.C.) 147 87 261 406 130 135 266 266 311 |