Chief Kofi Gyimah V. Jaw Sampare & Anor (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Estoppel per rem judicatam—Status of Kumasi Divisional Council as judicial tribunal. Facts The appellant brought before the Kumasi Divisional Council a claim to be the rightful person to administer the personal properties of a deceased person…

Helwani & Anor Commissioner Of Police (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Receiving Stolen Property—Gold Coast Criminal Code, sections284 (1) and 43 (1)—Possession passing from thief to receiver—Evidence of accomplices—Corroboration. A person who assists in the disposal of property which he knows to have been obtained or appropriated by…

Tsofo Gubba V. Gwandu Native Authority (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Trials before Native Courts of offences againstthe Nigeria Criminal Code—Method of exercise of this jurisdiction—NativeCourts Ordinance, section 10—Criminal Code, sections 2 (1) and 4—Moham-medan Law—Substantive Law to be administered by a Native Court trying acharge…

Elisha Olatunde Griffin v. Joseph Idowu Talabi (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass—Both parties setting up title–Oloto Chieftaincy land—SupremeCourt Ordinance, section 17—Purchase receipt followed by conveyance—Applicability of native law and custom or English law. Facts The appellant, as plaintiff, claimed under a sale in execution where the buyer at…

Waldo Trench Fox V. Commissioner Of Police (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Larceny—Amendment of charge—Nigeria Criminal ProcedureOrdinance, sections 162, 163 and 164—Taking of plea on amended charge—Notification to accused of right to elect to be tried in Supreme Court—CriminalProcedure Ordinance, section 354 (3)—Error in procedure rendering trial anullity—Magistrate…

Kweku Ghamson & Ors V. Obiba John Kod Joe Wobill & Ors (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Consolidated suits—Fanti law and custom—Intestate’s Estate—Death inWinneba—Native Law and custom applicable–Native Courts (Colony)Ordinance, Schedule 2 and section 15—Courts Ordinance, section 74—Recovery of possession—Setting aside deed of sale. Facts In these two consolidated…

George Aiyewunmi V. Commissioner Of Police (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Case stated—No record of interpreters having been sworn—Necessity in Nigeria for their being sworn. There being no rule of law in Nigeria, either by statute or at common law, requiring that an interpreter should be sworn, (though it…

Yesufu Esan & Others V. Bakare Faro (Chief Ojora) & Another (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Consolidated Actions—Claims to set aside title deeds—Native Law and Custom—Sale of family property—Consent of members of family. A sale of family property which takes place without the consent and against the wishesof a…

Isaac Cobblah Fiscian As Head Of Aruna Family V. Henry Asumah Kwaku Nelson & Anor (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Declaration of Title—Laclses and acquiescence—Thirty years possession ofdefendant—Expenditure on land by defendant—Gold Coast Courts Ordinance,section 74—Title by prescription—Native Customary Law. Facts On a claim by the appellant for a…

Mary Ekem-daughter Of Peter Henry Johnson Deceased V. Ekua Nerba—widow Of Peter Henry Johnson Deceased (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Land at Cape Coast owned by deceased foreigner who married two Fanti women—Applicability of Fanti customary law—Estoppel—Native Courts (Colony)Ordinance, section 15. Estoppel per rem judicatam operates only as between…