Chutuwa V. The Queen (1954) LJR-WACA
Chutuwa V. The Queen (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Criminal Law—Murder—Intoxication—Provocation—Criminal Code, section 29 (4), section 318. Facts Section 29 (1), (2), and (4) of the Criminal Code provides as follows:— ‘29 (1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge. […]
Ma Chukwunta V. Nwalu Chukwu & Ors (1953) LJR-WACA
Ma Chukwunta V. Nwalu Chukwu & Ors (1953) LawGlobal Hub Judgment Report – West Africa Court of Appeal Estoppel—Judgment of Native Court—Decision ofDistrict Officer on review—Resident proposing Inter-Tribal Settlement inquiry on application for review—Judgment valid until set aside. Native Courts—Suits in representative capacity—Form—Substance. Facts The appellant first sued respondents No. 2 and 3 and another […]
John Chidiak V. David Coker (1954) LJR-WACA
John Chidiak V. David Coker (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Lease—Agreement for lease—Covenant to repair—Lease executed after fire. Crown Lands Ordinance (Cap. 45), section 7 (d) (iii)—Governor’s consent to sub-lease obtained afterfire. Facts The above section 7 (b) (iii) provides that:—“Except as otherwise prescribed or provided in the lease, […]
K. Chellaram & Sons (Sierra Leone) Ltd. V. Najib Abdallah (1954) LJR-WACA
K. Chellaram & Sons (Sierra Leone) Ltd. V. Najib Abdallah (1954) Contract—Agent—Undisclosed principal. Tort—Conversion ofgoods. Appeals in Civil cases—Finding made by Court of Appeal in absence of a finding in the judgment of the Court below. Facts One L, who owed money to the defendants, had an arrangement with them whereby for groundnuts he sent […]
George Busby And Sarah Busby V. Koffi Nassu Acquah (1954) LJR-WACA
LawGlobal Hub Judgment Report – West Africa Court of Appeal Lease—Agreement to lease—Subsequent lease to another—Specific performance of agreement claimed.Appeals in Civil Cases—Occurrence subsequent to judgment enabling relief claimed—W.A.C.A. Rules, rule 36. Facts The plaintiffs sued for specific performance of an agreement for a lease made with the defendant, who denied the agreement. The trial […]
Chief Fosbery Lulu Braide V. Chief Obu Harry Horsfall & Anor (1955) LJR-WACA
Chief Fosbery Lulu Braide V. Chief Obu Harry Horsfall & Anor (1955) LawGlobal Hub Judgment Report – West Africa Court of Appeal Native Courts Ordinance—jurisdiction in land cases—set out in warrant. Facts The plaintiffs/respondents started these proceedings by filing a civil summons in a Grade C Native Court claiming possession of land and £300 mesne […]
Anthony George Boulos V. The Queen (1954) LJR-WACA
Anthony George Boulos V. The Queen (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Criminal Law and Procedure—Criminal Code, section 430 (1)—Possession—Goods suspected to be raw gold—Explanation raising suspicion goods stolen or unlawfully obtained. Facts The appellant was found carrying a parcel of ash-trays which the police suspected to be of raw […]
Korkei Bota & Ors V. Florence Koshie Plange (1954) LJR-WACA
Korkei Bota & Ors V. Florence Koshie Plange (1954) Appeals in Civil Cases—Extension oftime for depositing moneyfor the record—W.A.C.A. Rules, 1950, rule 16 (4), rule 23 (2). Facts The Registrar of the Court below, acting under rule 16 (4), directed the appellants to deposit money within a certain time to cover the estimated cost of […]
J. P. Boro Of Yenogoa V. S. A. Kenedy & Anor (1955) LJR-WACA
J. P. Boro Of Yenogoa V. S. A. Kenedy & Anor (1955) LawGlobal Hub Judgment Report – West Africa Court of Appeal Sale of goods—written contract—unascertained goods—when property passes Facts This case arose from a written contract for the sale of timber. The appellant claimed he was entitled to be paid for the balance of […]
Emile Najib Bittar V. The Principal Immigration Officer, Accra & Ors (1953) LJR-WACA
Emile Najib Bittar V. The Principal Immigration Officer, Accra & Ors (1953) LawGlobal Hub Judgment Report – West Africa Court of Appeal Immigration Ordinance, 1947, section 19, reg. 3 (2) and reg. 6 (1) and (2)—“Prohibited immigrant ”—Deportation without Court order. Facts Section 19 of the Immigration Ordinance, 1947, reads as follows:—“19. Where any person […]