The Service Press Limited V. The Attorney-General (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Code, section 50 (2)—Seditious publication—Defence of truth—Evidence of truth inadmissible.Evidence—Charge of seditious publication—Evidence of truth of allegations inadmissible.Criminal Law—Seditious publication—Defence of truth—Evidence of truth of allegations inadmissible. Facts Section 50 (2) of the Criminal Code reads…

Joe Sandy V. P.C. Johannes B. Hotogua and Anor (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—False imprisonment—Defence of lawful imprisonment—Onus on defendant.Appeals in Civil Cases—Mistake on onus affecting view of evidence. Native Court—Member a party to suit—of Court vitiated. Facts The plaintiff claimed damages for assault and false imprisonment. The…

Hassan Rihawi & Ors V. Liadi Aromashodun (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Claim for declaration of title in fee simple—Judgment that property is family property.Native Law and Custom—Prescription—Stale claim.Registration of Titles Ordinance (Cap. 197)—Land Registration Ordinance (Cap. 108)—Distinction. Facts The above respondent was successful as plaintiff in…

Cecil Evans Ribeiro V. Jamil Chahin & Anor (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Lease—Claim for declaration that lease is valid and for possession—Re-entry by lessors—Relief against forfeiture for non-payment of rent—Common Law Procedure Act, 1852, sections 210 to 212.Practice and Procedure—Suit against one out of several lessors. Facts The…

The Resident & Anor V. Memudu Lagunju LawGlobal Hub Judgment Report – West African Court of Appeal Appointment and Deposition of Chiefs Ordinance (Cap. 12), section 2 (2). Chieftaincy Disputes (Preclusion of Courts) Ordinance, 1948, section 3.Chieftaincy Disputes—Failure to make due inquiry.Jurisdiction—Proceedings to compel due inquiry in chieftaincy dispute—Certiorari permissible.Certiorari—Form of proceedings—Supreme Court Ordinance (Cap.…

John Reekie V. The Queen (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Sexual Offences—Corroboration; nature of function of Judge and of jury—Trial with Assessors—Misdirection to Assessors on corroboration. Appeals in Criminal Cases—West African Court of Appeal (Criminal Cases) Ordinance, section 4 (1) and proviso, how applied—Misdirection on question of law.…

The General Manager, Nigerian Railway V. The United Africa Co. Ltd. (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Limitation of Actions—Railways Ordinance, section 40—Bailment for reward—Onus in claim for goods not delivered—When cause of action arises. Held Section 40 (1) of the Railways Ordinance provides that:—“No action shall be brought against…

Madjoub Rafat V. Robert Etrue (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Fraud—Laches and acquiescence.Estoppel—Owner standing by. Facts The appellant bought an unoccupied and dilapidated house at a sale under a writ against the respondent’s sister, and received a certificate of purchase, and later built on the plot. The property belonged…

Isaac Boye Quaye & Ors V. The Queen (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in Criminal Cases—Verdict ofguilty—Circumstances for intervening on appeal or otherwise.Criminal Law—Homicide—Felony involving violence—Whether murder or manslaughter.Criminal Code of the Gold Coast—Sections 13 (2) and (3). Facts The case against the appellants was that they went…

COP V. Daniel Nunoo Kwash (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in Criminal cases—Magistrates’ cases—Prosecutor’s right to appeal from Supreme Court—Criminal Procedure Code, section 324.Criminal Law and Procedure—Conviction on evidence of single witness—Sentence—Criminal record not proved or admitted. Facts The evidence before the Magistrate was that of a single…