Addo Kofi & Ors V. Kwaku Twum & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Interpleader Summons—Plea of estoppel set up by judgment creditors (Plaintiffs-Respondents) in relation to transactions between judgment debtor and owners of property attached. The plaintiffs-respondents obtained judgment against defendant. At their instance property was seized under…

Ariba Ali V. Alhaji Mama Ali (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Their Lordships on this appeal are called upon to determine the . true meaning and effect of a devise of certain real estate contained in the Will of one Ali, a native officer in His Majesty King Edward…

The Comptroller Of Customs V. K. Chellaram & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Cast:inns—Prohibited Articles—Regulated Textiles—Customs Ordinance (Cap. 132) (Gold Coast) sections 27 (1) (c) (iii), 27 (2), 27 (3), 118 (2)—Importation of Textiles (Quotas) Ordinance (Cap. 136) (Gold Coast), section 7 (1)—Proclama(ions No. 10 of 1938 and…

Rex V. William Opara (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Person employed in public duties by a Native Authority—” Person employed in the public service “, sections 1, 98 ( I) and 100 of the Criminal Code—” Person “, ibidem, and section 3 of the Interpretation Ordinance. Facts Accused…

Rex V. Tom Anyadiegwu (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Stealing by clerks and servants contrary to section 390 (6) of the Criminal Code—Conversion of employer’s monies. Facts The appellant was employdd as the Treasurer of the Elu Elu Native Administration. in the coiurse of his duty he kept…

Rex V. Solomon Olua (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Attempt—Procedure—Accepting reward to influence Native .Tribunal—reward accepted, with a promise to influence the tribunal—acquittal on substantive charge and conviction for attempt—conviction quashed—conviction on substantive charge not substituted—Criminal Code, section 115:—Criminal Procedure Ordinance, section 57—West African Court of Appeal Ordinance,…

Rex V. Peter Otubu (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Perjury—Sumntary Procedure under section 41 (1) of the Criminal Procedure Ordinance, Cap. 20— substance of allegation of perjury to be stated to accused. Held: In summary proceedings for perjury, before the accused is asked to show cause why he…

Rex V. Peter Aniogo (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder or manslaughter–Innocent fugitive killed under belief that he was an escaping felon. During the night the appellant was awakened by the hue and cry of the villagers pursuing a suspected thief. Coming from his house, armed with a…

Rex V. Otio Enwa (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Autrefois convict—Conviction in Native Court for by Courtadultery—,Subsequent conviction on same facts for rape—Criminal Code (Nigeria), Section 16. Accused was convicted and sentenced on a charge of rape. During the trial it was discovered that he ‘had already been…

Rex V. Okpata Oyama (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Mattslaughter—Extrem. provocation–Reduction Appeal from of sentence. The facts are sufficiently set out in the judgment. S. A. McKinstry for Crown. Appellant net present. The following joint judgment was delivered :— KINGDON, C.J., NIGERIA, BUTLER LLOYD AND FRANCIS, JJ .…