Obed Yao Bansah V. Alfred Yao Kuma Kwad Jo Peroscar Kpe (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to land—Burden of proof. Facts Plaintiff sued Defendant in Native Tribunal, unsuccessfully, for a piece of land. He appealed to the Provincial Commissioner’s Court, which reversed the Tribunal’s judgment without recording what…

Nii Ahele Nanshiedu II & Anor V. Henry Nuno Of Accra (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction of the Supreme Court—Libel disclosing offences against Chief’s position—Courts Ordinance, s. 75 (1). Facts Plaintiff sued for libel in the Divisional Court, Accra, but the Court referred the parties to the Native…

Naparo Braima Al-hassan V. Commissioner Of Police (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Corruption—Criminal Code, s. 394. Facts Defendant was the ” Stock ” man on a Government farm and was convicted by a District Magistrate of corruption in that he had exacted £1 each from four labourers mentioned…

Mumuni Abudulai V. Ramotu Manue (1945) LawGlobal Hub Judgment Report – West African Court of Appeal Action for declaration of title to land—Long occupation by defendant—Conflicting evidence of title—Trial Judge’s findings. Facts Respondent (Plaintiff in the action) sued for a declaration of title to certain land occupied by Appellant, claiming that it had been sold…

Mosalewa Thomas & Anor V. Kibitiyu Aleshinloye Williams & Anor (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Agency—Mortgagor and Auctioneer—Mortgagor’s withdrawal of authority to sell coupled with an interest—Ratification by mortgagee—Redemption of mortgage—Pleadings and their effect on closing argument. Facts Appellant, a licensed auctioneer, received instructions from respondents to sell some…

Mate Nono Per Tetter Okuma V. Tsutsu (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Judgment of Native Tribunal not in terms of claim—Appeal. Facts Plaintiff sued Defendant claiming £25 damages for selling Plaintiff’s land for the debt of another, before the Paramount Tribunal. Instead of giving him judgment for damages, the…

Malam Alidu V. Kofi Manu (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Wrongful detention of goods–Right to return—Right to damages, whether special and for general. Facts In September, 1942, Defendant asked Plaintiff, who was going to Accra, to buy him two tyres and a tube ; Plaintiff was unable to get…

L. A. Lawson V. Local Authority, Aba (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Procedure—Trial by Magistrate (Limited Powers) who is also Local Authority at whose instance proceedings taken. Facts The Defendant-Appellant was charged at the instance of the Administrative Officer qua Local Authority (the Tax Collection Authority) Aba, for…

Kwasi Agyako Formerly F. K. Agyako V. Nazir Zok & Ors (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Land—recovery of possessior–damages—injunction—pleadingsestoppel. Facts Fourth Defendant-Respondent leased the land to the Plaintiff-Appellant. The overlord’s consent was not obtained. The terms of the lease included the payment of ” homage fee.” Plaintiff-.Appellant defaulted and…

Kwabena Nkansah V. Aboasohene Poakwa & Ors (1944) LawGlobal Hub Judgment Report – West African Court of Appeal Right of appeal to W.A.C.A. Chapter 80, s. 24 (7) ; Chapter 4, s. 62 (2). The Wenchi Native Court gave judgment for plaintiff, who again won on appeal to the Magistrate’s Court, Wenchi, but lost on…