Chief Ehiman Payin & Anor V. Adiaba Aliuah & Anor (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Malicious prosecution—Instigating a prosecution—Malice: meaning of. Facts The action under appeal arose out of a prosecution for stealing coconuts from a plantation, of which the respondents were acquitted; they then sued the appellant for…

Yaw Pay V. The Chief Conservator Of Forests (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Compensation—Basis of assessment—Interest for delay in assessment—The Forests Ordinance (Cap. 122). Facts The appellant bought the land at public auction shortly before the notice to constitute the Forest Reserve, and the Reserve Settlement Commissioner accepted the…

Z. H. Parker V. Tribal Authority Of Kagboro Chiefdom (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—False imprisonment—Imprisonment under Native Court’s Order—Bona fide acts in reasonable belief that Court had jurisdiction—Offence against customary law within Courts jurisdiction. Facts The appellant had passed as a Sherbro, led the life of a native,…

Samuel Balogun Palmer V. Sir George Beresford Stooke & Anor (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Inherent jurisdiction.The Sierra Leone (Legislative Council) Order in Council, 1951—Validity in the Colony. Facts The above Order in Council, which has the heading “ Foreign Jurisdiction ”, was made by the Sovereign…

Adeyinka Oyekan & Ors V. Musendiku Adele (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Crown Lands (Township of Lagos) Ordinance (Cap. 44), section 3—Treaty of Cession of Lagos, 1861—Effect of Crown Grants—“Royal Estates ” or “Stool Land.” Facts By the Treaty of 1861 King Docemo transferred to Her Majesty Queeh Victoria…

Okon Owon V. Eto Ndon & Anor (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Reference—Proceedings before referees not formally admitted in evidence—Court treating reference as arbitration—Supreme Court (Civil Procedure) Rules, Order 43, rules 1, 2, 9, and 10. Facts The Court may in appropriate circumstances order any question or…

B. A. Owiredu & Ors V. Mamah Moshie & Ors (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Native Law and Custom—Fanti Customary Law—Alienation of Family Land. Facts This was a dispute about land belonging to the Effia Stool. The appellants as plaintiffs claimed on a lease given them by one Chief;…

Justus Olayemi Ososami V. The Commissioner Of Police (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Public Holidays—Court silting at request of defence.Appeals in Criminal Cases—Court sitting on public holiday—Where no miscarriage of justice—West African Court of Appeal Ordinance., section 11 and proviso. Facts During the trial, the case was adjourned to…

S. D. Oshodi V. Momodu Aremu (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Native Law and Custom—Lagos—Family Land—Gift by Chief Oloto to member of family without concurrence of family. Facts The Supreme Court was asked to decide between two persons claiming ownership of land compulsorily acquired by the Board. The first…

Chief Okro Orukumkpor V. Itebu & Ors (M) (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Amendment of Order—inherent right Court to vary in certain cases. Facts When this appeal was heard on the application of both sides an order was made embodying a settlement which had been reached by the parties…