Rex V. Hansen Owarey (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Murder contra sec. 319 of the Criminal Code—Defence ofconvictionIntoxication. The following joint judgment was deliverd :- KINGDON, C.J., NIGERIA, BUTLER LLOYD AND CAREY, JJ. The only question raised on this appeal is whether the Court came to a right decision…
Rex V. T. Olukolu & Ors (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Judicial corruption contrary to section 114 (1) of the Criminal Code—Asking for and receiving of bribe separate offences—Corroboration of accomplices—Actus reus and mens rea with regard to accomplices. HELD : That the learned Judge had sufficiently directed himself…
Rex V. Agumagu Nwaoke (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Manslaughter contrary to Section 325 of Criminal Code—Definitionconvictionof Manslaughter in Section 310 of Criminal Code—Juju causingCounth Hig Court.inimitable and irresistible apprehension of serious harm or death. Held : No evidence that the particular juju used had ever resulted in a…
Rex V. Benedict Eyaboro Khamat & Ors (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Charges under sections 421 and 390 of Criminal Code discussed—Duplicity and alternative charges—Substitution of verdict under section 11 (2) of West African Court of Appeal Ordinance. Held : Where there is evidence of a false pretence and…
Rex V. Kelfalla & Ors (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Witnesses on depositions—Should Appeals from be called by prosecution for crosss-examination–Evidence of conviction accomplice—Corroboration of.by Court. Cir suit Held : 1. Witnesses who have given evidence at the preliminary investigation must be called at the trial…
Rex V. Bana Kassi (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Evidence—Corrohoration of Accomplice —Written Statement in mutilated document—Misreception of evidence—Incorrect procedure in regard to admission of exhibits. Held : 1. Witness was rightly treated as accomplice but trial Judge misdirected himself on question of corroboration : appeal…
Rex V. P. H. Bravo Jones (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Forcible entry to lands and tenements–Offence contrary to 5 Ric. II c. 7 . Fine imposed under Statute 21 Jac. I C. 15—Power of Court to amend Statement of Offence—Pleading to amended Statement of Offence—Section 116 (2) of…
Rex V. Mendie Udo Akpan Inyang (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Murder contra sec. 319 of the Criminal Code. The Appellant was convicted on the same count for the murders of two persons and applied for leave to appeal. Held : Application refused, the case being a clear one,…
Rex V. Tairu Ibariba & Ors (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Murder contrary to section 319 of the Criminal Code—Statements made by deceased—Statements (other than dying declarations) must come within exceptions to heresay rule to be admissible—Statements made in the presence of a party only admissible to the extent…
Rex V. Akpan Udo Udo Essien (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Murder coffins sec. 319 of the Criminal Code—Misdirection. Held : Although the learned Trial Judge erroneously found a voluntary by High statement by Appellant on arrest to be ” a complete Confession ” (whereas in fact Court. it…