[1936]DLWACA1138April 22, 1936

EVAN ADELEYE SHANU BY HIS ATTORNEY ADEYEMO ALAKIJA vs. GABRIEL TOGONU BICKERSTETH (SINCE DECEASED) AND PHILLIP HENRYSON WILLIAMS

WEBBER,C.J ., SIERRA LEONE. This case was taken to the Privy Council on appeal by P. H. Williams, the surviving executor of the estate of J. R. Shanu, deceased. On the motion before the full Court for leave to appeal, Counsel for respondent offered no opposition, but pointed out that the assets of the estate were to be safeguarded so that they were not used to prosecute the appeal. The full Court granted leave and made this order . “Subject to any order which may be made by His Majesty in Council the appellants shall not utilise the assets of the estate for the purpose of prosecuting this appeal." The appellant and his co-executor, now deceased, entered into a bond holding themselves and sureties personally liable in the sum of £500 to abide costs of the appeal .. The case was heard by the Privy Council and the appeal was dismissed and the surviving appellant was ordered to pay costs. A motion was made before Graham Paul, J. :- (1) For declaration that Willia...