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THOMAS HUTTON-MILLS

1940

WEST AFRICAN COURT OF APPEAL

GHANA

CORAM

  • KINGDON
  • PETRIDES, C.JJ.,
  • TURBETT. J

Areas of Law

  • Contract Law
  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

The joint appellate judgment by KINGDON, PETRIDES, and TURBETT addresses a dispute between Thomas Hutton‑Mills and the Adansi Chiefs over remuneration tied to gold mining concessions. Peele & Company had identified significant arrears of minimum dredging rent owed by Offin River Gold Estates Limited. After consultations initiated by Dr. Reindorf, Hutton‑Mills obtained a Power of Attorney and a Commission Note, promising him a 50% commission out of any “consideration” he secured, and empowering him to issue notices of re‑entry and deal with concessions. He served re‑entry notices, but Offin River’s attorney, Mr. Mead, paid arrears into the Treasury, and a subsequent short agreement allowed Hutton‑Mills to retain £489 of overpaid rents upon canceling the notices. Suing for a wider 50% share of arrears, Hutton‑Mills won below, but on appeal the court strictly construed the instruments, held that collecting arrears and sharing rent was not authorized or encompassed by “consideration,” rejected an account‑stated theory, and varied judgment to £250 (50% of £489 paid into court), adjusting costs accordingly.