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Gyasehene Sanahene Kwame Santeng Per Odehyee Yaw Ohemeng V. Kwasi Darkwa & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Action by Successor of a deceased—Deceased son of a slave girl– Preservation of slave’s rights after abolition of slavery—Ownership of a house built on ruins of a family house—Appeatallowed in respect…
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Richardson Per Chief Thomas W. Richardson V. Thomas Eshun Alias Kwa Ifeanyi (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from a judgment of Provincial Commissioner setting aside award of Paramount Trauma’ of the Agona State—proceedings in both lower Courts unsatisfactoriy–Constitution of Commis. slogger’ s Court altered during hearing–case sent back…
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Rex V. Emmanuel Agbale Worentutu (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Extortion con. section 394 of Cap. 9—Wrongful use of term ” corruption ” does not justify allowing the appeal. Held : Although the word ” Corruption ” was wrongfully used instead of ” Extortion,” no failure of justice was…
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Rex V. I. T. A. Wallace Johnson (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal libel—Proof required. HELD : It is not incumbent upon the prosecution to prove that a libel is calculated to provoke a breach of the peace it is sufficient if it is calculated to vilify a man…
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Rex V. Salami Adebesin & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Burglary con. 411 (1) C.C. and Stealing con. 390 (4) (b) C.C. and Robbery con. sec. 402 C.C. Sentences increased on appeal against sentence. The following joint judgment was delivered. KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND…
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Rex V. William Oledima (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Manslaughter con. 325 C.C.—no certainty as to cause of death—Appeal allowed. Held : It is not sufficient to prove that the act of the accused person could have caused death. As the possibility that death may have been due to…
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Rex V. A. E. Ofoni (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Stealing by clerk or servant contra section 390 (6) of Criminal Code- App from General deficiency in cash-Obtaining property by false pretences in High contra sec. 419 of Criminal Code-Evidence of intent to defraud Court. furnished by accused person-Fraudulent…
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Rex V. Michael Nweze (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Opinion expressed that it is a wise precaution to postpone taking action under section 41 of the Criminal Procedure Ordinance until after the close of the case under trial. Where action is taken before the close, the Appeal Court will…
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Rex V. Noku Of Yusa (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appellant tried and acquitted on charge of murder—convicted at a subsequent trial of committing an act intended to cause grievous harm contra section 332 (1) C.C. on the same facts—question as to- operation of section 58 (1) of Cap.…
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Rex V. Nasamu (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Murder—Issue as to whether verdict should be guilty or guilty but insane—Rules governing appeals not complied with—Onus of establishing insanity–meaning of contemporaneous acts. Facts The appellant was convicted of murder. The sole ground of appeal was that he was not satisfied…