Author: Editor


  • Rex V. James Anuku (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Murder—Sufficiency of evidence in support of plea of insanity—The cHiAppealofrom bTrial Judge held that the prisoner was not a mentally normalghperson but the evidence was not sufficiently explicit to establish a Coy urt. defence of insanity. Held : Following R.…

  • Rex V. Samuel Akpan & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal The fact that an accomplice pleading guilty was not sentenced before giving evidence for the Crown will not cause a conviction to be quashed provided that the Judge warned himself adequately as to the necessity for corroboration and…

  • Commissioner Of Police V. Walter Loeb (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Section 313 (1) (B) of the criminal procedure code considered-binding-over does not come under it-Appeal dismissed. The following joint Judgment was delivered :- KINGDON, C.J., NIGERIA, STROTHER-STEWART AND FUAD, J J. In this case the appellant was charged…

  • Ohene of Agogo V. Omanhene of Kumawu & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal arising out of the granting of a Concession—Issue of estoppel not raised before cannot be .raised in Appeal Court. Held : (1) As issue of estoppel was not set out in the pleadings or…

  • Ronke Odulaja & Ors V. Olufemi Williams (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal against consent judgment, as to part ordering payment by instalments—appeal misconceived. Held : The judgment in question being on the face of it a consent judgment could only be upset on appeal as to the whole.…

  • Odikro Osafo Agyeman & Ors V. Kwamf. Panin (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for rent for tribute—Divisional Court had no jurisdiction and appeal allowed. Held ; This was clearly a suit relating to the occupation of land within the jurisdiction of Adansi Native Court ” B . The…

  • Ofem Odey, Etc. V. Ovat Edim, Etc (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Case started in Native Court transferred by District Officer to High udgmalenfrtOnil Court; parties appear in writ in individual and not in their kigi, court. representative capacities—No amendment—Suit transferred undersection 25 (1) (c) of Native Courts Ordinance…

  • Ofem Odey On Behalf Of Himself & Anor V. Ovat Edim Of Akam On Behalf Of The People Of Akam (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Application for extension of time to file appeal with grounds special exercise of Court’s discretion under section 8 of the West African Court of…

  • Enyi Obo On Behalf Of Himself & Anor V. Ofem Ege On Behalf Of Himself & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Consolidated suits claiming damages for trespass and also a declaration of title to land in dispute—suits started in Native Courts and transferred to High Court—Consolidated after transfer…

  • Chief Yaw Nimo V. Kwaku Wuo (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Judgments of Chief Commissioner and Asantehene’s Court ” A ” decision ofset aside—Judgment of Asantehene’s Court ” B ” restored. The following joint judgment was delivered :— KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND BANNERMAN, J. This…