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Rex V. Barnabas Mbu (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Official corruption and extortion by public officers contra sections 98 and 99 of Criminal Code—Person employed in public service—section 3 (1) (a) and (b) of Native Authority Ordinance No 43 of 1933. Facts An employee of Bamenda Native Administration…
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Rex V. Azusa Akpunonu & Anor (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Child buried alive by its father—Mother Appeal from present when crime committed—No evidence that mother aided, High Court. abetted, counselled or procured father to commit the act. Facts The appellants were the ‘father and mother respectively, of…
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Rex V. Augustine Ume & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal law—Stealing contra. section 390 of Criminal Code—Statements made to police by 1st and 2nd accused implicated 3rd accused in the crime-1st and 2nd accused gave evidence in witness box, and said they wished to adopt these statements…
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Rex V. Amusa Adigun (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Shopbreaking and stealing—Separate sentences. The appellant was convicted and sentenced to 5 years’ imprisonment hard labour on a charge of shopbreaking and two years’ imprisonment hard labour on a charge of stealing, concurrently, the charges being combined in one…
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Rex V. Abu Du Adenjimah & Anor (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal law—Identification of prisoners—Failure of prosecution to call material witness. Facts The appellants were charged with falsely pretending. to be public officers and stealing from a dwelling house. Photographs of the appellants were shown to a witness…
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Probate Registrar V. Maurice Elliott & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Case Stated—Letters of administration—Fee to be charged by Probate Registrar when personal estate alone discharges deceased’s liabilities—Effect of section 36 of Marriage Ordinance. Facts Daniel Maurice Elliot contracted a marriage under the Marriage Ordinance (Chapter 68). He…
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Oyeyemi Odejoke & Ors V. John Holt & Co., LTD & Anor (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from Magistrate’s Court–Clain to set aside sale of house property at Ibadan made under authority of Writ of Court—Sale set aside—Appeal to High Court—Appeal allowed—Judgment of non-suit entered—From. that derision plaintiff.•…
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Ofoasi Stool Per Kweku Nunsin & Ors V. Akyiasihene Kofi Abu & Anor (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal to wrong Native Tribunal—Judgment of Court of original jurisdiction stands. Facts The Native Tribunal of Gyase Clan gave judgment for the plaintiff in an action relating to ownership of land.…
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Nana Adu Kofi III V. Bechemhene Nana Fosu Gyeabuor (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Conditional leave to appeal to the Privy Council—SecurityMotion for order approving sureties—Order involving family property set aside. Facts This is an application to set aside, -vary or discharge the order of a single judge of…
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Nana Prah Agyinsaim Of Koshea V. George Grant & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Judgment in absence of defendant—Discretion of Court to set aside. Facts The plaintiffs instituted an action againtit defendants claiming damages and an injunction. After repeated adjournments made at the instance of defendants and their…