Philip Kanu & Anor V. The King (1952) LJR-WACA
Philip Kanu & Anor V. The King (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Evidence—Extra-judicial confession—Confirmatory circumstances. Facts The facts were these: Feeling was high between the village of the appellants and the village of the deceased owing to a land dispute. The deceased was riding on the carrier at […]
Kwaku Kanning V. Kwabena Pong & Ors (1953) LJR-WACA
Kwaku Kanning V. Kwabena Pong & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in Native Courts—Constitution of Native Appeal Court—Membership varied during hearing. The appellant (originally plaintiff) complained that the proceedings before the Native Appeal Court were a nullity: at the hearing the members were A, B, and C, […]
John Kweku Kaine V. The Queen (1953) LJR-WACA
John Kweku Kaine V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Evidence—Dying declaration—Criminal Procedure Code, section 270. Facts Section 270 of the Criminal Procedure Code provides that:—“Upon a trial where the cause of death of a deceased person comes into question, the declaration of such deceased person, whether it […]
Gustavus John & Anor V. Attorney-General (1952) LJR-WACA
Gustavus John & Anor V. Attorney-General (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Costs in case under Public Lands Ordinance—Costs against the Crown—Rules, Order 46 and Order 48. Facts Order 46, rule 1 provides:—“1. Subject to the provisions of any Ordinance and these rules, the costs of and incident […]
Sahid Jaffa & Anor V. Thomas Elias (1953) LJR-WACA
Sahid Jaffa & Anor V. Thomas Elias (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Negligence—Driver driving within scope of employment. Appeals in civil cases—Test of intervention on damages. Facts The respondent sued the appellants for damages for negligence and was awarded an amount as general damages and another amount as special […]
Abdul L. Jaber V. Mohamed K. Basma (1952) LJR-WACA
Abdul L. Jaber V. Mohamed K. Basma (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Trespass—Special Damages for goods lost—Need to prove—General damages—Serious inconvenience.Practice and Procedure—Judgment affecting non-party—Need ofnotice—Rules of Court, Order 34, rule 2. Facts The above rule (of Sierra Leone) provides as follows:—“2. Where by any judgment or order any […]
Ajaka Izenkwe & Ors V. Onyemuche Nnadozie (1953) LJR-WACA
Ajaka Izenkwe & Ors V. Onyemuche Nnadozie (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Supreme Court Ordinance, section 11 and Proviso to section 12—Whether claim in trespass raises issue oftitle to land—Plaintiffs with judgment for title. Facts (For the purposes hereof, the above section 11 confers complete original jurisdiction on the […]
Tinubu V I.M.B Securities (2001) LLJR-SC
Tinubu V I.M.B Securities (2001) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. This is an appeal against the interlocutory decision of the Court of Appeal, Lagos Division, delivered on the 29th day of January, 2001. In its judgment, the Court of Appeal had adjourned sine die the appeal of the 3rd defendant pending before it […]
Damg Pam Vs Sale Dang Gwom (2000) LLJR-SC
Damg Pam Vs Sale Dang Gwom (2000) LAWGLOBAL HUB Lead Judgment Report WALI, J.S.C. The plaintiff sued the defendant before the Grade 1 Area Court. Foron-Fan, Heipang, siting at Foron, Plateau State, claiming the recovery of a piece of farmland situate in Kamang. He stated his case as follows: “I am suing the defendant claiming […]
Alhaji Lawal Tunbi V. Israel Opawole (2000) LLJR-SC
Alhaji Lawal Tunbi V. Israel Opawole (2000) LAWGLOBAL HUB Lead Judgment Report KALGO, J.S.C. This appeal is against the decision of the Court of Appeal, Kaduna Division, which was given on 23rd of July, 1992. The case, which had a protracted history, concerned the dispute over the ownership of 3 piece of land in Kwara […]