Rex V. Daniel Bubowariowe Bebetebe (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder contra. section 319 of Criminal Code,” Dying Declaration “—Admissibility thereof under section 51 of Criminal Procedure Ordinance not governed by sections 44 and 45 of same Ordinance—Accused, if under arrest, need not be present when ” dying declaration…

Rex V. Busari (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Manslaughter contra. Section 325 Criminal Code—Summary Trial by Judge of High Court—Medical certificate tendered under section 76 (I) of Criminal Procedure Code—Do the words ” or in any summary trial” at the end of section 76 (1) of Criminal Procedure Ordinance…

Rex V. Badaru Shanusi (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Possession of Counterfeit coins, contra. sec. 150A of Criminal Code—Maximum sentence imposed. Held: Trial Judge having taken into account guilt of appellant of a Appeal more serious offence (with which he was not charged) the sentence ie from reduced.conviction by High…

Rex V. Akpan Unwa Udo Ekpo (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder, contra. sec. 319 Criminal Code—Offence committed in heat of clan affray, after appellant was wounded and in which deceased’s clan was the aggressor. Held : Facts warranted reduction of offence to manslaughter and verdict substituted accordingly. There…

Rex V. A. T. Amponsah & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder—Murder or Manslaughter?—Mi.ulirection of Assessors—Substitution of Verdict under sec. 11 !Vest African Court of Appeal Ordinance. Held: The direction to the assessors not being sufficiently clear verdict substituted. The facts are sufficiently set out in the judgment.…

Rex V. A. M. Animashaun & Anor (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Perjury contra. sec. 41 of Criminal Procedure Ordinance. The appellants were summarily convicted for perjury committed in the course of a civil action, and appealed. There is no need to set out the facts. C. N. S.…

Rachel Edith Jones V. John Brown Nichols & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim by married woman as devisee and legatee under a will against Executors and Trustees thereof and her husband for execution of the trusts of such will, for administration. of the estate by the Court…

Peter Kwakyi V. Kojo Bandoh (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for damages for malicious prosecution-onus not discharged. Facts The plaintiff and deffindant Isere in dispute over land and the dispute terminated in the former’s favour. Thereppon he entered the land and removed growing crops •contrtry to native. custom.…

Osei Kojo V. Salvado Hurtado Solaz (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to Possession of land and for Damages for trexpass—No pleadings—Construction of Deed of A.q$ignmient—Oral evidence varying terms thereof admitted and Defendant successful at trial. Held Such evidence inadmissible and appeal allowed, but possibility of plaintiff having an…

Ofoley Solomon & Ors. V. Alexander Mensah Allotey & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Declaration of title to real properties devised by Will—Family properties—Injunction—Head of Family.Issues (1) Is the present plaintiff the head of the family and therefore entitled to maintain action?(2) Are the properties devised in the…