EFEFIOM JOHN EYAMBA& 3 ORS
V.
JOSEPH ROTHOS ANTHONY KOURI

JELR 81013 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1936-37 3 WACA 186-189
CORAM
Cor. KINGDON and PETRIDES, C.JJ., and BUTLER LLOYD, J.
Core Terms Beta
defendant
land
action
exhibit
third plaintiff
native lands acquisition ordinance
appellants' counsel
date of the writ
lease
trial judge
following terms
judgment
locus standi
notice of sale
term
unexpired portion of the lease
unexpired term of the lease
13th february
1st may
counsel
deed of the 1st may
deputy sheriff
full payment of the purchase money
grounds of appeal
interest of the judgment debtor
issue of certificate of purchase
lieutenant-governor
members of the eyamba family
number of conditions of sale
plaintiffs' action
possession of a piece of land
present case
pursuance of a judgment of the high court
reasoned judgment
reason of sections
terms of the lease
third plaintiff's interest
third plaintiff's right
title of the lessors

PETRIDES, C.J., GOLD COAST.

Appellants by their writ dated the 13th February, 1936, sought (a) to recover possession of a piece of land of the value of £140 on the waterfront at Calabar, and (b) the removal by the respondent of the buildings thereon.

The trial Judge, in a reasoned judgment, which sets out all the material facts, dismissed both claims.

By a deed dated the 1st May, 1923, three members of the Eyamba family, of whom the then Etubom was one (therein called the lessors, which term included the successors in title of the lessors where the context so admitted), leased the land in dispute under the Native Lands Acquisition Ordinance (Chapter 89) to the third plaintiff, a Syrian of Calabar, therein called the lessee, which term included the successors in title of the lessee where the context so admitted. This lease was duly approved by the Lieutenant-Governor on the 25th May, 1923.

One of the terms of the lease was that the lessee should erect on the land leased buildings to the…

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