Edo Uke & Anor V. Josiah Sunday Ogie (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Conduct likely to cause a breach of the peace—Section 249 (d) of the Criminal Code. This was a private prosecution of the respondents for conduct likely to cause a breach of the peace contrary to section…

Robert Ude V. Bonjut (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Negligence presumable from accident—Plaintiff suffering injury—Where defendant is the party knowing the cause—Onus on defendant to show he was not liable. The defendant, who occupied the floor above the plaintiffs shop and store, went away leaving his servants behind and…

Kwabena Ampofo Twumasi-Ankrah V. The Queen (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Prosecution not calling eye-witnesses.Appeals in Criminal Cases—Points not affecting soundness of conviction—When verdict not unreasonable. Facts Appellant was convicted of murder. When he tore off the party flag of a rival political party, the deceased with some…

Kwasi Tutu V. Kwame Dapaa (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—When pleadings may be ordered—Recording of reasonsfor order—Order 25, rule 1 and rule 2.Jurisdiction—Deed of sale of land attacked as a forgery—Claim to ownership of land besides. Facts The above-cited rules read as follows:—“1. Suits shall ordinarily…

Nana Boakye Tromu II V. Odekro Kwasi Gyami (1953) LawGlobal Hub Judgment Report – West African Court of Appeal The Boundary, Land, Tribute and Fishery Disputes (Executive Decisions Validation) Ordinance (Cap. 120), section 3 (1)—Interpretation. Facts The above sub-section provides that:—“Any executive decision in a dispute . . . relating to the ownership or boundaries…

Kai Tongi V. Sulaiman Kalil (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Real property—Land allocated to member of tribe—Member’s right to occupy. Tort—Trespass—Occupier’s right to sue.Practice arid Procedure—Non-suiting plaintiff. Facts Appellant (plaintiff below) sued respondent (defendant below) for trespass and recovery of possession; the respondent pleaded that appellant was not the…

Enterprise J. Tonazzi V. Bruno Brunetti (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in Civil Cases—Findings of fact—Inadequate consideration of the evidence.Contract—Master and Servant—Summary dismissal for neglect and insubordination. Facts The plaintiff, a carpenter, obtained judgment for damages for wrongful dismissal. The trial Judge found that the real dispute was…

S. M. Timitimi & Ors V. Chief Amabebe (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Distinction between competency and irregularity or error of law or fact—Inferior Courts.Native Courts—Court unlawfully constituted.Evidence—Judgment delivered by Court without jurisdiction admitted but not affecting decision of case—Ordinance, section 52; section 225 (1). Facts Section 52 provides…

Amadu Wooroh Timbo V. Kofie Jalloh (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Wills—Devise of house to some sons “to be used is family property”— Construction. Facts The will read thus: “To my natural sons Alimany Janneh and Mormodu Janneh my house and premises at Jenkins Street in which I at…

Thamu Of Guyuk V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Insanity—Criminal Code, section 28—Accused suffering from delusions—Accused knowing he was doing wrong. Facts Section 28 of the Criminal Code provides that:— “A person is not criminally responsible for an act or omission if at the time of…