Awere Abyssinia Nwafor Orizu & Anor V. The Queen (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Stealing—Money deposited for specific purpose —Purpose not carried out—Money not returned though demanded—Criminal Code, section 383 (1) and (2) (f) Facts Under the above section stealing is a fraudulent taking or conversion,…

Mewi Onyeanwi, Stephen Mbaochu & Ors V. Jonathan Okpukpara & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Evidence—Rules applicable—Entry in public record—Evidence Ordinance (Cap. 63), sections 1 (2) and 38. Facts The above section 1 (2) provides that “ This Ordinance shall apply to all judicial proceedings in or before…

K. Onwonka V. E. J. Minaise (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Claim and particulars disclosing no cause of action—Action dismissed Supreme Court (Civil Procedure) Rules, Order 32, rule 19. Facts The appellant had an agreement to buy launches from the respondent at £4,400 and gave £1,000 in…

Michael Oredolapo Onayemi V. Lutfallah Bouari (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Trade Marks—Design registered as trade mark—Cloth of that design sold by another—Suit by owner of trade mark for infringement of his trade mark—Trade Marks Ordinance, section 2.Practice and Procedure—Close of case—Interim judgment giving defendant time to apply on…

Alhaji F. A. Onasanya V. Daniel Adeniji (1952) Tori—Trespass—Damages——Irrelevant considerations. Appeals in Civil Cases—Altering the amount of damages. Facts While the tenant was in occupation his landlord, after giving notice to quit, had the windows and doors removed from the shop and room, thus exposing the tenant and his goods to the weather and risk…

Olatunji Omotayo V. Arbuckle Smith & Co. Ltd (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Contract—Breach of duty—Act of God.Tort—Negligence—Act of God—Plaintiff’s breach of a regulation.Damages—Goods lost-through defendants’ fault—Goods recovered and stolen while in charge of plaintiff’s servant—Loss of future profits—Interest on money lost. Facts The plaintiff (now appellant) sued for…

Henry I. Olowu V. Gertrude Desalu (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Native Law and Custom—Family Property—Mortgage of share without concurrence of members.Evidence—Copy of notice objected to as evidence but admittedfor identification—Service of original not proved.Equity—Acquiescence—Offer to pay mortgage debt whether acquiescence in mortgage—Purchaser buying family property in spite of…

G. B. Ollivant Ltd V. S. M. Arab (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Carriage of goods—independent contractor—conversion by servants committed in the course of employment. Facts The respondents, who are^jrivate carriers, entered into a contract with the appellants for the carriage of their goods. The goods were carried by…

Ozogbodo Okwoike V. Agu Ogbodo & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Transfer of suits-Native Courts Ordinance, section 28 (1) (c)—Effect of order of transfer—Proceedings in Native Court after order made but before receipt thereof. Facts Section 28 (1) (c) provides that:—“(1) Every Resident and district officer shall at…

Moses Okoro V. Inspector-General Of Police (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure-Criminal Code, section 100—Charge not alleging defendant employed in public service.Appeal in Criminal Cases—West African Court ofAppeal Ordinance, section 12 (5)—Trial a nullity—Power to order trial not used—Amendment of charge not possible on appeal. Facts…