Kwarena Yeboah V. Chief Kofi Taibil (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals from Native Court—Power to re-hear—Judgment of Native Court set aside—Native Courts (Colony) Ordinance, 1944, section 50. Facts The above section authorises the appeal Court, namely the Court hearing an appeal from the Native Court, to re-hear the…

Tetteh Worbi & Ors V. Adamali Asamanyuah & Ors (1955) – consolidated LawGlobal Hub Judgment Report – West African Court of Appeal Costs—Discretion—General Procedure Rules, Order 7, rule 3, paragraph 2—Trial Judge deciding on costs under a misapprehension offact.Appeals in Civil Cases—Costs in Court below—Intervention by Court of Appeal. Facts The above rule confers on…

Chief Joseph Wobo & Ors V. The Attorney-General (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Real property—Agreement to sell—Part performance—Agreement to accept a sum and an annual amount for ever.Contract—Abandonment of—Question of evidence. Facts Appellants, as plaintiffs suing asrepresentatives of certain people and successors of former Chiefs and headmen, sued for…

T. O. Williams & Anor V. J. T. Nelson Cole & Ors. (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Mortgage—Sale at auction—No conveyance—Purchaser not taking possession—Mortgagor’s Claim to possession against outsider in possession. Facts The owner mortgaged his property to one S; both mortgagor and mortgagee died later. One of the…

Kwabena Wiafe & Ors V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Nature of corroboration of accomplice not explained—Where no miscarriage of justice—Discrepancies in evidence—Whether verdict unreasonable. Facts In spite of a favourable summing up, the jury, after deliberating for nearly an hour, returned a unanimous…

Joseph Forster Weredu V. West Coast Company Limited (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Trespass—Conversion—Goods seized by third party, not for defendant’s use—Defendant agreeing to buy the goods—Defendant’s mark put on goods—Defendant not taking possession, nor denying plaintiff’s right. “A person who knowingly receives from another a chattel which the…

E. D. J. Wellington Of Accra V E. Quartey Papafio & Anor (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Mortgage—Nature of Mortgagee’s security—Devolution on administrator. Native Law and custom—Succession in Ga customary law—Alienation of family property. Facts A mortgagee’s security is personal estate devolving on the administrator if the mortgagee dies…

Viesa & Ors V. B. C. K. Asinor Of Kadjebi (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Native Lands—Acquisition by non-naiive without previous consent required by law.The Administration (Togoland under British Mandate) Ordinance (Cap. 96), section 3 (3a).The Administration (Togoland under British Mandate) (Amendment) Ordinance, No. 15 of 1940, section 3A…

Okorie Uwalaka & Ors V. Ngwuliaku Agba & Ors (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Title to land—estoppel—interested persons not party to action—compromise. Facts This was a land dispute in which there have been numerous cases over a period of 20 years. The question of equitable estoppel arose, but the…

Okon Akpan Una V. Inspector-general Of Police (1955) Acquittal and discharge—Section 284 of the Criminal Procedure Ordinance. Facts This was a criminal charge before the Magistrate. The prosecution applied for an adjournment to obtain further evidence. The Magistrate refused the adjournment and then, on the Police not proceeding, acquitted the appellant. The plea of the…