George Abel Ayo Scott V. The King (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Forgery—Whether person with general authority to sign cheques who fraudu-lently makes out cheques on behalf of his principal knowing that the amount is not payable is guilty of forgery. Facts The appellant was convicted on eleven counts…
Reuben Schofoluwe V. The King (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Deposition of witness wrongly admitted in evidence—Requirements of section 34 of the Evidence Ordinance (Cap. 63) not fulfilled-.-Witness not a public officer and evidence on oath to establish foundation for admission of deposition essential—Submission by Crown that under section…
Mallam Beti Runka V. Katsina Native Authority (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction of murder in Native Court—Constitution of the Court changedduring trial—One member did not hear whole evidence—Conviction quashed. Facts The appellant was convicted of murder by the Native Court of the Emir of Katsina. He appealed to…
Gibson Roberts V. Maria Samuel (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Application of Recovery of Premises Ordinance (Cap. 193)—Only applicablewhere relationship of Landlord and Tenant exists under the Ordinance or atcommon law—Action dismissed, although plaintiff had an interest in theproperty. Facts The appellant was the plaintiff, The trial Judge held…
In The Matter Of The Committal For Criminal Contempt Of Court Of Bediako Kakari Poku & Anor V. In The Matter Of Section 19 Of The West African Court Of Appeal Ordinance (Cap. 5) (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Committal for criminal contempt—Reference by the Governor to Court under…
In The Matter Of Cyril Bunting Rogers Wright, A Legal Practitioner V. In The Matter Of The Legal Practitioners (Disciplinary Committee) Ordinance, Cap. 118 Of The Laws Of Sierra Leone (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Professional misconduct by a Legal Practitioner—Acting for clients with conflicting interests—Filing affidavits, knowing one…
Distribution of estate of deceased—The deceased the issue of a marriage underMarriage Ordinance himself married under Marriage Ordinance having noissue of such marriage—Rights of children by native law and custom and of children of irregular unions. Facts The deceased, the issue of a marriage under the Marriage Ordinance (Cap. 128), was himself married under that…
P. B. Pedro & Anor V. The Attorney-General (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Bond required to be executed by an auctioneer under Regulation 183 of theCustoms Regulations waived-Auctioneer granted further time to makepayment-Effect of such extension of time on the liability of sureties upon abond given under the Sales…
Emmanuel Oyefolu & Others V. The King (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Visit by Court of locus in quo in the absence of the accused-Irregularity—Irregularity falal if it might amount to a substantial miscarriage of justice. Facts The Court visited the locus in quo attended by Counsel, but the…
Saka Owoade V. The United Africa Company Ltd (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Pleadings insufficient—Alternative claims not pleaded—Plaintiff can only rely on cause of action pleaded. Facts The defendant was the appellant. By his writ of summons the plaintiff sued the defendant as a common carrier, and his statement…