Issa Fulani V. The King (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal against conviction for rape—Misdirection—Identification paradeimproperly conducted—Complaint by complainant not admitted in evidence—Power of Judge to reject admissible evidence. Facts This was an appeal against a conviction for rape. Counsel for appellant argued Ynat 4enere was Misdirection concerning an…
Madu Fatumani V. The King (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Statement by suspected person to a Village Head in answer to a remark byHead—Village Head in same position as a Police Officer, and to be regardedas a person in authority investigating a crime—Right to question a suspectedperson when no…
Essien Akpan Essien V. The King (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Reference to the West African Court of Appeal by the Governor under section 23 of the West African Court of Appeal Ordinance (Cap. 229)—Plea of guiltyof forged currency note—Subsequent proof that currency note genuine—Reference to Court to hear…
Odikro Esiam Of Ayinasu V. Joseph Sam Brew Of Asafa (1951) LawGlobal Hub Judgment Report – West African Court of Appeal No case pending in the Native Appeal Court—Effect of Transfer for deter-mination of Land Court—Operation of section 51 of the Native Courts (Colony)Ordinance, 1944. Facts This appeal first came before the Native Appeal Court…
Kwesi Enimil & Ors V. Kwesi Tuakyi & Ors (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Application of English Law where parties are natives—Whether native orEnglish law applies depends on the circumstances relating to the transaction—Forfeiture of rights by reason of denying overlordship. Facts The parties in this action were all…
Kwesi Enimil & Ors V. Kwesi Tuakyi & Anor (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Effect on claim to possession or occupation of land of a Judgment against claimant that he is liable to pay tribute to ont of those against whom he claims such possession or occupation-Term “owner” frequently…
Akpan IWok Ekanem V. The King (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Submission of no case to answer—Where rejected Judge’s findings should be confined to ruling—Undesirable that there should be any observations on thefacts of the case. Facts At the close of the Crown case, Counsel for the appellant submitted…
Agbafuna Ejidike & Ors V. Christopher Obiora On Behalf Of Himself & Anor (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Visit by trial Judge to Locus in Quo after close of evidence—Judge not to makehimself a witness in the case—Irregularity in inspection not fatal unless a party prejudiced and miscarriage of…
Hycienth Egbe V. The King (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Standard of Proof required in a criminal trial—Where evidence showsinconsistencies and conflictions the Judge should express clearly and in detailconclusions reached—Mere statement that Judge had no reasonable doubtinsufficient. Facts The appellant was convicted of murder. The evidence revealed contradictions…
George. Diamantides V. Chief Inspector Of Mines (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Agent provocateur—Impropriety of procuring ‘commission of an offence by an agent provocateur—Legality of conviction not affected—Meaning of the mord ” persons ” in the proviso to Regulation 53 (1) of the Mineral Regulations considered. Facts The appellant…