Ada Beigh V. Colin Shaw (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Executor and Trustee—Indemnity of Trustee against expenses and/or improvements properly incurred—Executor charged with interest under testator’s mortgage deed—Non-production of such deed—Appeal fromLiability of executor in respect of personalty. Held : No duty on executor to realise mortgage where realisation…
Abraham Olayinka Okupe V. Soyebo, the Alaperu of Iperu (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Application by private Relator for Quo Warranto to show authority of Appeal fromjudgment ofDefendant—Respondent to exercise the office of Alaperu of Iperu— High Court. Office created by, or held under, the Crown. Held : The…
Samuel A. B. Sampson V. Abraham Essell (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Writ of possession issued in Provincial Commissioner’s Court—Motion to recall filed in that Court and still pending—Suit filed in Divisional Court to set aside same writ. Held : Divisional Court had no jurisdiction to entertain the suit…
Sakariyawo Oshodi V. Brimah Balogun & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal [Delivered by LORD MAUGHAM.] In this case the plaintiffs (the respondents) by an action commenced on the 16th August, 1927, sought against the defendant Sakariyawo, Chief Oshodi, as head and representative of the family of Chief Oshodi…
Rex V. Zoalim Frafra (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder contra. section 221 of Criminal C ode- —P ro vocation reducing verdict to one of ” Guilty of Manslaughter “—Misdirection of Assessors by Trial Judge—Did the attempt by the Appeal Deceased unlawfully to remove the Appellant’s wife from his…
Rex V. Yaw Preprah & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Charges of Conspiracy to commit forgery, forgery, and utteringconvictionscontra. sections 49, 302 and 310 Criminal Code—Trial byin SupremeJury—Findings of fact will be upset on appeal if unjustifiedCourt.by the evidence. Held: Appeal allowed, convictions quashed, etc. There is no…
Rex V. Use Etewo Ibe & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Held: Appeals dismissed.convictions There is no need to set out the facts.C High H Court. C. N. S. Pollard for Crown. First Appellant not present. Other Appellants in person. The following joint judgment was delivered SINGDON, C.J.,…
Rex V. Togom Modam & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder contra. Section 319 of Criminal Code—Question of corroboration of an accomplice’s evidence considered. Held : Corroboration existing, appeals dismissed. There is no need to set out the facts. C. N. S. Pollard for Crown. Appellants in person.…
Rex V. Thompson Udo Essien (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder, contra. sec. 319 Criminal Code. Held : Relevant witnesses not having been called and evidence heard frombeing insufficient to support conviction the appeal is allowed. convictionThe facts are sufficiently set out in the judgment. by HighC. N. S.…
Rex V. Thomas Camara (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Extortion by a Public Ocer contra. section 87 of the Criminal Iffi Code—Questions of irregularity of trial and admissibility of Supreme evidence raised by Appellant. Held: Appeal dismissed. There is no need to set out the facts.appellate jurisdio- S. A.…