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“There is of course no dispute that a trade mark remaining improperly on the register might be expurgated there from by order of court. Section 42(1) of the Trade Marks Act, Cap. 199 provides as follows: “42(1) The court may, on the application of any person aggrieved by the omission without sufficient cause of the…
“… We hold the view that maintenance and custody are interlocutory matters see Rayden on Divorce, 10th Ed. at page 791 note (a). Orders for alimony, maintenance etc. or for custody are deemed to be interlocutory orders for the purpose of appeal. At page 785 paragraph 13 of Rayden (supra) it is said: “Any order…
“The matters discussed by us make it abundantly clear that on those findings of the President of the Customary Court that were upheld by the learned appellate Judge the plaintiffs had failed to prove their case in toto. In such circumstances the proper order is one of dismissal of their case. See Kodilinye v. Mbanefo…
“An order for re-trial inevitably implies that one of the parties, usually the plaintiff, is being given another opportunity to relitigate the same matter and certainly before deciding to make such an order we think that an appellate tribunal should satisfy itself that the other party is not thereby being wronged to such an extent…
“The law as to the position of evidence of a witness who died before cross-examination on his evidence in chief appears to be settled. It is clear that it is accepted that such evidence is legal but the weight to be attached to such evidence should depend upon the circumstances of each case. In Rex…
“… a licensee is entitled to a reasonable time before the licence is determined and if it is determined earlier the licence is revoked but if the licensor ejects the licensee prior to the expiration of a reasonable time then he must pay damages. See Minister of Health v. Bellotti [1944] 1 All E.R. 238…