Udeakpu Eze V. Samuel Igiliegbe & Ors (1952) LJR-WACA
Udeakpu Eze V. Samuel Igiliegbe & Ors (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Real property—Communal tenure in customary law—Onus to prove that one section only of a town is owner. The plaintiffs below claimed an account of rents suing on behalf of two quarters and alleging that the land belonged […]
Odua Esiaka & Ors V. Vincent Obiasogwu & Ors (1952) LJR-WACA
Odua Esiaka & Ors V. Vincent Obiasogwu & Ors (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Inter-Tribal Boundaries Settlement Ordinance—Boundary settled thereunder—Parties to the dispute.Estoppel—People whose title is involved standing by in dispute. Facts The appellants, as plaintiffs in the Court below, claimed for their people an area of land. The […]
Joseph Kwamin Ofori Eshun V. Adwua Pantsiwia (1953) LJR-WACA
Joseph Kwamin Ofori Eshun V. Adwua Pantsiwia (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Wills—Probate—Illiterate testator—Civil Procedure Rules, Order 49, rule 29. Facts Order 49, rule 29 provides that:—“Where the testator was blind or illiterate, the Court shall not grant probate of the will, or administration with the will annexed, unless […]
Edmund Umez Eronini V. The Queen (1953) LJR-WACA
Criminal Law and Procedure—Charge amended but fresh plea not taken—Charge amended again and fresh plea taken—Effect of first omission—Criminal Procedure Ordinance (Cap. 43), section 164 (1) and (4). Facts Section 164 (1) prescribes that “if a new charge is framed or alteration is made to a charge under section 162 or section 163 the Court […]
Ufuonye Enweonye & Ors V. The Queen (1955) LJR-WACA
Ufuonye Enweonye & Ors V. The Queen (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Proof of death in a murder charge—No identification body—Circumstantial evidence—Section 1 (c) of the Criminal Code—Aiding to commit a crime. Facts The three appellants-were convicted for murder. There was no conclusive identification of the body of the […]
Kwesi Enimil V. Kwesi Tuakyi (1952) LJR-WACA
Kwesi Enimil V. Kwesi Tuakyi (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Contempt of Court—mistake in disobeying order. Facts The respondents (plaintiffs below) sued the appellant for a declaration that they were entitled to possession of certain lands and obtained judgment, which was affirmed on appeal on 3rd February, 1950; and […]
Johannes Englang V. J. Mope Palmer (1955) LJR-WACA
Johannes Englang V. J. Mope Palmer (1955) Practice and Procedure—Suit for trespass—Plaintiff averring ownership—Plaintiff not averring possession—Possession the issue—Amendment in appeal to aver possession.Appeals in Civil Cases—Amendment to settle controversy. Facts In the Court below the plaintiff sued for trespass, alleging that he was the owner of certain land and that the defendant trespassed on […]
Ishmael Emegwara & Ors V. Noah Nwaimo & Ors (1953) LJR-WACA
Ishmael Emegwara & Ors V. Noah Nwaimo & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Real property—Trespass—Claim for injunction—Claim for declaration of title—Title not alleged with precision—No evidence of precise title. Facts The respondents as plaintiffs obtained a declaration of title to an area of land, damages for trespass, and […]
Magbo Ekwo V. Simon Enechukwu (1954) LJR-WACA
Magbo Ekwo V. Simon Enechukwu (1954) Tort—Negligence—Injury—Plaintiff’s contributory negligence—Reasonableness of conduct—Cause of damage. Plaintiff (now appellant) vas a passenger on defendant’s lorry; his seat was badly fixed and came out of its position; he fell and broke the bones of his hand badly. The defendant’s driver offered to take him to hospital, but he was […]
Dickson Ejukolbm V. IGP (1952) LJR-WACA
Dickson Ejukolbm V. Inspector-General Of Police (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Procedure—Magistrate calling witnesses after close of defence. Appeals from Magistrates—Criminal Appeals—Order on appeal for re-trial—Circumstances of case.Magistrates’ Courts (Appeals) Ordinance, section 43 (a) (i)—Power to order a re-trial. Facts Appellant was charged on two counts with unlawful […]