Rex V. Asuquo Edem & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Ldw—Procedure—Calling of fresh witness by Judge at close of evidence for defence—Question arising ” eximproviso “. Facts The appellants were charged with murder. It was alleged for the prosecution that the motive for the murder was the…

Rex V. Aruna Lawani & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Obtaining money by false pretences contra. section 419 of Criminal Code—evidence of false pretence—onus upon prosecution. Facts The complainant, a Transport Agent, was introduced by the 2nd appellant to the 1st appellant who offered to sell to…

Rex V. Anya Ugwijogo & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Evidence—Statement made by accused person to police officer—Inducement—” Judges’ Rules ” caution administered in native dialect. Facts The accused were convicted of murder. The trial Judge admitted in evidence statements made by each of the accused when…

Rex V. Daniel Ajiyola & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Evidence—Wife of co-accused not ccrmpeten4 witness for prosecution—Presumption of Christian marriage where husband and wife both sworn on bible. One of the witnesses called by the prosecution described herself as the wife of appellant’s co-accused. She was…

Prince S. B. Godwin V. H. A. Paris & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Guarantee—Surety—Variation of conditions of advance—condition precedent to surety’s liability—variation detrimental to surety’s interests. Facts Appellants were executors of one Pratt, who was surety for an advance of money made by the plaintiff-respondent. The money…

Peter Henry Schandorf & Anor V. Christian Mensah Holm & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Will—Executors—Administration—Claim for payment of profits Appeal. fromjudgm entof trust estate and possession—Continuing charges—RequestDtvisional of of residue to Executors—Intestacy. Court.Practice and Procedure—Pleading—Non-joinder of parties—Action by two of several cestuis qui trustent—Claim against executors for…

Otto George Gfeller V. The King (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Facts The appellant, Otto George Gfeller, is et Swiss national. At Lagos, in July, .1941, he was tried by the Supreme Court of Nigeria on a charge framed under section 427 of the Criminal Code of Nigeria that…

Meriogun Dadson Ogbe V. SAM WARRI ESI (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Injunction—Injunction granted though not claimed—Injunction in wide terms. Facts Appellants were sued by respondent in two actions which were consolidated. In one action respondent claimed damages for trespass committed on certain land., and in the other he…

H. M. Darko V. Agyakwa (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Declaration of Title to land—Burden of proof—Plan not drawn to scale or orientated—Material witness not called—Vague and contradictory evidence—Impossible to determine rights and wrongs of case—Non-suit. Facts Plaintiff’s claim in a Native Tribunal was for a declaration of title,…

Mercy Adoley Akwei, On Behalf Of Herself And As Representing The Family Of E. A. Akwei, Deceased V. Lucy Kate Akwei, As Widow Of The Said E. A. Akwei And As Administratrix Of His Personal Estate (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Judgment—Practice and Procedure—Joinder of parties—Interested parties not joined…