Rex V. Akinpelu Ajani & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Coining—Statement by one co-accused incriminating another made Appeal from when latter is not present inadmissible—Trial Court should record C°11victi°”Highnote of such inadmissibility—Putting of accused on his defence coy urt. when no admissible evidence adduced against him by prosecution—The…
Rex V. Agnes Sawyer (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Convictions for perjury—Omission by trial Judge to warn jury to A PPeal fromSupremeacquit if they are left in reasonable doubt. Held : trial Judge must so warn jury. B. R. Lawrence v. The King (1933 Sierra Appeal Cases) followed. Conviction…
Rex V. Adeniji & Ors (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Preparation for coining current silver coin contra section 148 (3) (c) of the Criminal Code—Admissibility of evidence of previous uttering by appellant. Held : such evidence is admissible on a charge of being in possession of moulds in order…
Quartey-Papafio & Anor V. Laryea & Anor (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for possession of land (sold under writ of Fi. Fa.) against purchaser—Did latter acquire a good title ? Held : Purchaser’s title to property was good ; appeal allowed. The facts are sufficiently set out in…
Palmer V. Agbeyegbe (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Are the Rules of Court published in 1928 under Art. 12 (1) of the West African Court of Appeal Order-in-Council, 1928, in operation in Nigeria ?Can the High Court entertain an application for conditional leave to appeal ? Held : Rules…
Otumfuo Nana Osei Agyeman Prempeh II V. Agyeman & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Conspiracy, etc., against Native Authority contra Section 12 (1) of the Native Authority Ordinance, 1935, of Ashanti (No. I of 1935)—Summary trial of charges, after preliminary objection to jurisdiction overruled, results in convictions. Held…
Opanin Kwame Adu V. Kwasi Kuma LawGlobal Hub Judgment Report – West African Court of Appeal Claim for ownership of land—Undisturbed possession for a term of Provincialyears cannot in Native Law and Custom oust an original title. Held : Appeal allowed and judgment of Native Tribunal restored. Court exercisingThere is no need to set out…
Obianwu V. Orefo & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for damages for trespass to land and for an injunction—Interpretation of section 9 (b) of the Protectorate Courts Ordinance, 1933—”Title to land or any interest therein.” Held : The words ” suits which raise any issue as to…
Nana Tawiah III V. Kwesi Ewudzi (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass—Disputed boundary—Appeal from Paramount Chief’sProvincialTribunal to Provincial Commissioner—Leave must first be soughtcommissionerfrom Tribunal—When leave granted by Tribunal conditions may beexercisinglaid down by Provincial Commissioner’s Court—In appeals fromAppellatedecisions of native Tribunals concerning ownership of land, CourtJurisdiction.should not disturb them…
Nana Adu Dako II & Ors V. The District Commissioner & Anor (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Striking out and amending pleadings—Order 26, Rule 1, of General Procedure Rules—Elimination of statements tending to prejudice, embarrass or delay fair trial. Held : Matter struck out irrelevant, and appeal dismissed. A.…