Malek Khoury V. Kamel Tabbara (1953) LJR-WACA
Malek Khoury V. Kamel Tabbara (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Malicious prosecution—Criminal proceedings terminated by nolle prosequi. Facts The appellant (plaintiff below) sued the respondent (defendant below) claiming damages for malicious prosecution on the ground that the respondent wrongfully charged him with an offence for which he was arrested […]
F. And M. Khoury V. Sharani Brother (1953) LJR-WACA
F. And M. Khoury V. Sharani Brother (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Interim Attachment—Execution distinguished—Civil Procedure—Rules: Order 13, rule 3; Order 43, rule 16. Facts The respondents sued X for the price of tyres sold and took out under Order 13, rule 3, an order of interim […]
Farid Khawan V. Comptroller Of Customs (1955) LJR-WACA
Farid Khawan V. Comptroller Of Customs (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Exchange Control Ordinance—Diamonds—Application of Customs Ordinance: section 248: (1) on value for penalty purposes, and (2) on certificate of value— Certificate conclusive and no other evidence required. Facts The Exchange Control Ordinance provides for applying the enactments on […]
Jarinatu Kasumu V. Dorcas Ibironke (1952) LJR-WACA
Jarinatu Kasumu V. Dorcas Ibironke (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Landlord and Tenant—Lease of land—Tenant building on land with landlord’s knowledge—Landlord claiming recovery of premises—Increase of Rent (Restriction) Ordinance. Facts The appellant, originally the plaintiff, gave notice to the defendant, now respondent, under the Recovery of Premises Ordinance, of […]
Aksor Kassardjian V. The Queen (1955) LJR-WACA
Aksor Kassardjian V. The Queen (1955) Criminal Law—Accomplice—An accomplice not so treated at trial—Absence of corroboration.Appeals in Criminal Cases—Cap. 5, section 10, proviso to sub-section (1)—Not applied. Facts The appellant, a building contractor and transport owner, was convicted of endeavouring to influence B, a public officer, in the duties of his office by a gift […]
Philip Kanu & Anor V. The King (1952) LJR-WACA
Philip Kanu & Anor V. The King (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Evidence—Extra-judicial confession—Confirmatory circumstances. Facts The facts were these: Feeling was high between the village of the appellants and the village of the deceased owing to a land dispute. The deceased was riding on the carrier at […]
Kwaku Kanning V. Kwabena Pong & Ors (1953) LJR-WACA
Kwaku Kanning V. Kwabena Pong & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in Native Courts—Constitution of Native Appeal Court—Membership varied during hearing. The appellant (originally plaintiff) complained that the proceedings before the Native Appeal Court were a nullity: at the hearing the members were A, B, and C, […]
John Kweku Kaine V. The Queen (1953) LJR-WACA
John Kweku Kaine V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Evidence—Dying declaration—Criminal Procedure Code, section 270. Facts Section 270 of the Criminal Procedure Code provides that:—“Upon a trial where the cause of death of a deceased person comes into question, the declaration of such deceased person, whether it […]
Gustavus John & Anor V. Attorney-General (1952) LJR-WACA
Gustavus John & Anor V. Attorney-General (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Costs in case under Public Lands Ordinance—Costs against the Crown—Rules, Order 46 and Order 48. Facts Order 46, rule 1 provides:—“1. Subject to the provisions of any Ordinance and these rules, the costs of and incident […]
Sahid Jaffa & Anor V. Thomas Elias (1953) LJR-WACA
Sahid Jaffa & Anor V. Thomas Elias (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Negligence—Driver driving within scope of employment. Appeals in civil cases—Test of intervention on damages. Facts The respondent sued the appellants for damages for negligence and was awarded an amount as general damages and another amount as special […]