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Yamuah IV & Anor V. Sekyi (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Disposition by Will of personally acquired property by occupant of stool —Kofi Antu v. Ohene Kweku Buedu (F.C. 1926-9, p. 474) cited and distinguished—Proof that testator had no intention of making his private property stool property—Valid testamentary disposition…
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Walter Loeb V. Solomon Nasser (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for damages for wrongful dismissal—What is quantum of damage when offer of re-employment following a breach is made and refused P—When Court will reverse finding of fact. Held : Such refusal must be unreasonable to justify damages being…
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I. T. A. Wallace-Johnson V. Rex (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Convictions for Sedition—Admissibility or otherwise of certain evidence Convictionof Secretary for Native Affairs. Held : Secretary for Native Affairs isan expert witness in respect of reaction of people to any publication and his evidence on that point admissible,…
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United Africa Company Ltd. V. Kwadjo Apaw & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Interpleader—Lease to Ashanti chief—Ashanti native law and custom—Lease held by chief as individual—Stool not bound unless elders or linguist join in lease—Illiterate executing agreement—Onus of proof that illiterate understood agreement—English law applies where document in…
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Sophia Malm V. Maurice Meyer Wulff (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for possession of land filed as personal in Native Court and transferred to Divisional Court—Application under Order 26 of Schedule 3 to Courts Ordinance, 1935, to amend to enable plaintiff to sue as head of family refused—Plaintiff’s…
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The Commissioner of Lands V. Kadiri Adagun (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for possession of land—Crown Lands Ordinance—Question of admissibility of oral evidence of tradition raised—Onus of Proof. Held : There being no misreception of evidence and respondent having discharged the onus, he was entitled to judgment and…
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Solomon Jonah V. Kojo Owu (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Facts Claim for ” the sum of £25 damages from the defendant to show cause judgment ofwhy if the plaintiff promised to show him boundary of land of forest on his the Court ofown wish and has not got…
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Samuel Nunoo In re Rex V. Jonathan Ade Olujomoye & Anor (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Summary conviction for perjury under section 139 of Criminal Pro-Divisionalcedure Code—Defendant must be made aware of pith of the chargeCourt.against him—No necessity for recalling witnesses or formulating charge—Proceedings essentially summary. Held : Appeal…
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Augustina Mamuna Ruttmern & Ors V. Emmanuel Candinho Ruttmern (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for a declaration that certain land is family land, and that plaintiffs are entitled to share the rents, and for an account—Question of marriage of plaintiff’s grandmother to common ancestor—Finding of marriage according to…
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Rex V. Samuel Abengowe (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Manslaughter—Injection by unqualified person—Cause of death—Analyst’s report wrongly excluded—Duty of prosecution to specify precise negligence relied upon. Held : Not sufficient evidence to show that death was caused or accelerated by unlawful act of accused, and appeal allowed. The facts…