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The Comptroller Of Customs V. K. Chellaram & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Cast:inns—Prohibited Articles—Regulated Textiles—Customs Ordinance (Cap. 132) (Gold Coast) sections 27 (1) (c) (iii), 27 (2), 27 (3), 118 (2)—Importation of Textiles (Quotas) Ordinance (Cap. 136) (Gold Coast), section 7 (1)—Proclama(ions No. 10 of 1938 and…
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Rex V. William Opara (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Person employed in public duties by a Native Authority—” Person employed in the public service “, sections 1, 98 ( I) and 100 of the Criminal Code—” Person “, ibidem, and section 3 of the Interpretation Ordinance. Facts Accused…
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Rex V. Tom Anyadiegwu (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Stealing by clerks and servants contrary to section 390 (6) of the Criminal Code—Conversion of employer’s monies. Facts The appellant was employdd as the Treasurer of the Elu Elu Native Administration. in the coiurse of his duty he kept…
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Rex V. Solomon Olua (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Attempt—Procedure—Accepting reward to influence Native .Tribunal—reward accepted, with a promise to influence the tribunal—acquittal on substantive charge and conviction for attempt—conviction quashed—conviction on substantive charge not substituted—Criminal Code, section 115:—Criminal Procedure Ordinance, section 57—West African Court of Appeal Ordinance,…
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Rex V. Peter Otubu (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Perjury—Sumntary Procedure under section 41 (1) of the Criminal Procedure Ordinance, Cap. 20— substance of allegation of perjury to be stated to accused. Held: In summary proceedings for perjury, before the accused is asked to show cause why he…
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Rex V. Peter Aniogo (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder or manslaughter–Innocent fugitive killed under belief that he was an escaping felon. During the night the appellant was awakened by the hue and cry of the villagers pursuing a suspected thief. Coming from his house, armed with a…
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Rex V. Otio Enwa (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Autrefois convict—Conviction in Native Court for by Courtadultery—,Subsequent conviction on same facts for rape—Criminal Code (Nigeria), Section 16. Accused was convicted and sentenced on a charge of rape. During the trial it was discovered that he ‘had already been…
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Rex V. Okpata Oyama (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Mattslaughter—Extrem. provocation–Reduction Appeal from of sentence. The facts are sufficiently set out in the judgment. S. A. McKinstry for Crown. Appellant net present. The following joint judgment was delivered :— KINGDON, C.J., NIGERIA, BUTLER LLOYD AND FRANCIS, JJ .…
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Rex V. Okereke Anyaleme & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Official corruption, contrary to section 98 (1) of Criminal Code—” Duty touching the administration of justice.”—Power of Court to convict of offence contra. section 116 (1) considered. Held : The duty of prosecuting for an offence of…
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Rex V. Kwaku Amoyaw (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Evidence—Best evidence—Oral evidence of written confession—NoDivisionalobjection to reception—Confession not denied in evidence byCourt.Appeal—Appeal Court’s discretion to entertain as ground of appeal an objection to evidence not taken at trial—No injustice to appellant—West African Court of Appeal Ordinance (No. 11 of…