Bafunke Johnson & Ors V. Akinola Ma Ja & Ors (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Will challenged on ground that it was not properly executed, testator not ofsound mind, and undue influence—Onus of proof where one party propounds a Will and the other party challenges it—Propounders of Will must…

Joseph Orakwue Izuora V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal contempt of Court—What amounts tip contempt—Act is discourtesy by counsel or conduct involving breach of duty by counsel to his client not necessarily contempt—Right of appeal to West African Court of Appeal. Facts The appellant, counsel for…

Samuel Tawiah Intsiful V. Henry Charles Christianalias Kofi Ampah (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Claim by one executor to have will established—Remaining executor renounced probate and entered caveat—Caveator contended testator not competent to execute will by reason of infirmity—What amounts to infirmity invalidating a will. Facts The plaintiff was…

In The Matter Of Contempt Of Court In Re J. 0. Izuora (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Contempt of Court—No appeal lies to the West African Court of Appeal. Facts The applicant appealed to this Court against a decision of the Supreme Court fining him for a Criminal Contempt…

Adegbite, The Owa-ale Of Ikare V. Alasan Babatunde, The Olukare Odo (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to chieftainship—Validity of appointment and status of another chiefchallenged—Assertion of subsidiary claims also—Precedence and privilegehaving no monetary value—Jurisdiction of Court to entertain action considered. Facts The appellant appealed against the judgment of…

Udofa Unwa Idiong & Anor V. The King (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Evidence of a wife not admissible unless it is proved affirmatively that she is awife of a non-monogamous marriage–Effect of a retracted confession._Where death caused by innocent agent of person knowingly commiting a crime the principal…

Alhaji Ibrahimah Of Sekondi V. Mamma Gariba And Others (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Suits relating to ownership of land held under native tenure—Respect to be paidto decisions of Native Courts—Wider discretion of Land Court to interfere where Native Court of first instance and Native Court of Appeal differ.…

Anis Joseph Halaby & Ors V. Neif Joseph Halaby & Ors (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Partnership—Presumption all partners hold in equal shares—Evidence required to rebut presumption—Necessity to examine evidence charging a deceased partner with the greatest care. Facts The issue on this appeal was what were the respective…

Mama Gariba & Ors V. Alhaji Ibrahimah Of Sekondi (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Judgment of Native Trial Court inconclusive, but correct in findings of fact—Reversed by Native Appellate Court and Land Court—Restoration of judgment of Trial Court impracticable—Action remitted to Land Court on basis that findings of fact…

Mama Gariba & Ors V. Alhaji Ibrahimah Of Sekondi (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Section 8 of the West African (Appeal to Privy Council) Order-in-Council,1949—A pplicati on by substantive motion for Court to exercise its powers there-under—Whether such powers exercisable on substantive motion or only whenleave to appeal or…