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Kartey Adabaar & Ors V. Amusu etc. & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for possession of a creek, and injunction to restrain from ontry therein—Meaning of ” a fishery period of five years “—Appeal dismissed. Held : The term ” a fishery period of five years ”…
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Ababio, etc. & anor. V. Dennis, etc. & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Application for conditional leave to appeal to the Privy Council—distinction between final and interlocutory judgments—application for leave refused. Held : The judgment of the Court against which leave is sought to appeal was an interlocutory…
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E. Nortei Ababio V. W. A. Kwao & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from a decision of the Provincial Commissioner’s Court dismissing an appeal from the Ga Mantse’s Tribunal—meaning of word “decision ” in Sec. 78 of the N.A. Ordinance. Held : (1) The Ga Mantse’s tribunal…
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Omanhene Akyi Ababio V. Kwamin Ackumpong (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Writ issued in the Native Tribunal of the State Council.–case transferred by Provincial Commissioner to the Divisional Court—Stale Council had no jurisdiction to entertain the claim on the writ—such jurisdiction only possessed by the Paramount Chief’s Tribunal–claim accordingly…
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Surakatu & Anor V. Buraimo Dende & Ors (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Employment of legal practitioners in Appeals . under Protectorate Courts Ordinance 193.3 or the Native Courts Ordinance 1933— Section 49 ( 1) (a) of the Protectorate Courts Ordinance—Legal practitioners not allowed to appear. except in land…
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S. G. Acquah & Ors V. P. T. Acquah & Anor (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass—Land held under native tenure—Suit subject to exclusive original jurisdiction of native tribunal—Family property and self-acquired individual property—Finding of native tribunal reversed by Appeal Court of Provincial Commissioner restored on this Appeal. Facts…
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Rex V. Yaw Tekyi (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction of Murder—Interpretation of ” in the view of ” in Section 234 (3) of the Criminal Code—Murder commit tett on Appellant finding wife in circumstances suggesting recent act of adultery. Held : the words must be given their natural…
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Rex V. William Mbole Muambo (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Appellant charged summarily and plead guilty—Record shows Appellant did not intend to admit facts that would necessarily constitute guilt—Not Guilty pleas should hare been entered—Proceedings subsequent to plea a nullity. Held: Appeal allowed, conviction quashed. There is no need…
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Rex V. Tita Fokum (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Order of transfer made after conviction contra. Ordinance No. 8 of 1938—High Court proceedings a nullity. Held : Appeal allowed, conviction quashed. C. W. Reece for Crown. Appellant not present. The following joint judgment was delivered :— KINGDON, C.J., NIGERIA,…
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Rex V. Peter Ndeyee (1941) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction for manslaughter and for committing a reckless and APPSIIIIfran negligent act contra. sec. 343 (e) of Criminal Code—Same by High trial and same facts—Sentences to run consecutively. Held: Charges should have been treated as alternative and sentence quashed on…