Rex V. Tita Fokum (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Order of transfer made after conviction contra. Ordinance No. 8 of 1938—High Court proceedings a nullity. Held : Appeal allowed, conviction quashed. C. W. Reece for Crown. Appellant not present. The following joint judgment was delivered :— KINGDON, C.J., NIGERIA,…

Rex V. Peter Ndeyee (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction for manslaughter and for committing a reckless and APPSIIIIfran negligent act contra. sec. 343 (e) of Criminal Code—Same by High trial and same facts—Sentences to run consecutively. Held: Charges should have been treated as alternative and sentence quashed on…

Rex V. Okebugwu Ogbonna (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal law—Offence of Cheating under section 421 of the Criminal Code. The facts established an offence of false pretences contra. section 419 of the Criminal Code: it was contended for the Crown that they also constitute an offence under section…

Rex V. Modus Wray (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction for Manslaughter—Severity of Sentence of fifteen years imprisonment on simple instance of violence. Held : Too severe, sentence quashed and lesser sentence substituted. There is no need to set out the facts. E. S. Beoku Betts for Crown. S.…

Rex V. Obi Bekum & Ors (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Robbery contra. section 402 of the Criminal. Code—Essentially dilerent from Robbery under English law—Necessity for corroboration of accomplice’s evidence—Corroboration required as to violence used and the purpose of it and that the crime was actually committed—Circumstantial evidence sufficient.…

Rex V. Mensah Akoto (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Murder—Unsworn evidence of 2 infer pts of 3/4 andyearsrespectively—SPction 17 (3) of Cap. 206—Corroboration required and nature of corroboration necessary-;-111.-will of witness corroborating may render it insufficient—Other corroboration. Held : Jury properly directed, ample corroboration and appeal dismissed. There is…

Rex V. Matthias Enema (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal law and procedure—Failure to call material witness—The appellant (charged with Stealing, contra. section 390 (5) of the Criminal Code) in the Magistrate’s Court gave a name as a witness whom he wished to call: he was not called. Conviction…

Rex V. Mathew Ojo & Ors (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Appellants convicted of taking part in a riot contra. section 71 of Criminal Code—Appeal on ground that since third accused was acquitted the information was left without any averment of one of the essentials of a riot, namely,…

Rex V. Kweku Mensah & Anor (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Murder—Abetment—Section 47 (1) of Criminal Code. Facts [Three soldiers in company killed a man. Two accused were found guilty but the third soldier was not before the Court and his identity was unknown. There was inconclusive evidence of…

Rex V. Kofi Boateno Alias Ebenezer Alfred Boateng (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction for receiving—Another accused pleaded Guilty to the Stealing—Question-s between stolen articles and those found in accused’s possession—No identification of articles—sections 27, 29 and 43 of Criminal Code—Was evidence 61 circumstances of receiving sufficient proof that…