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Festus Makene Ikomi V. John Ojobo Agbeyegbe (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Civil Procedure—Action to set aside sale by Order of Court—Sale in 1938—Action brought in 1938 struck out for non-appearance of plaintiff—Action relisted in 1947—Application then to amend writ—Judgment for plaintiff declaring sale a nullity—Exercise of Court’s discretion—Supreme…
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W. N. Hervie & Ors V. Nana Osam Wirisi III & Anor (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Land—Jurisdiction of Land Division of Supreme Court and Native Courts—Claim for specific performance—Courts (Amendment) Ordinance, section 6—Native Courts (Colony) Ordinance, section 15 (b). A claim for specific performance of a contract for…
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Chief Kofi Gyimah V. Jaw Sampare & Anor (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Estoppel per rem judicatam—Status of Kumasi Divisional Council as judicial tribunal. Facts The appellant brought before the Kumasi Divisional Council a claim to be the rightful person to administer the personal properties of a deceased person…
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Helwani & Anor Commissioner Of Police (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Receiving Stolen Property—Gold Coast Criminal Code, sections284 (1) and 43 (1)—Possession passing from thief to receiver—Evidence of accomplices—Corroboration. A person who assists in the disposal of property which he knows to have been obtained or appropriated by…
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Tsofo Gubba V. Gwandu Native Authority (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Trials before Native Courts of offences againstthe Nigeria Criminal Code—Method of exercise of this jurisdiction—NativeCourts Ordinance, section 10—Criminal Code, sections 2 (1) and 4—Moham-medan Law—Substantive Law to be administered by a Native Court trying acharge…
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Elisha Olatunde Griffin v. Joseph Idowu Talabi (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass—Both parties setting up title–Oloto Chieftaincy land—SupremeCourt Ordinance, section 17—Purchase receipt followed by conveyance—Applicability of native law and custom or English law. Facts The appellant, as plaintiff, claimed under a sale in execution where the buyer at…
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Waldo Trench Fox V. Commissioner Of Police (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Larceny—Amendment of charge—Nigeria Criminal ProcedureOrdinance, sections 162, 163 and 164—Taking of plea on amended charge—Notification to accused of right to elect to be tried in Supreme Court—CriminalProcedure Ordinance, section 354 (3)—Error in procedure rendering trial anullity—Magistrate…
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Kweku Ghamson & Ors V. Obiba John Kod Joe Wobill & Ors (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Consolidated suits—Fanti law and custom—Intestate’s Estate—Death inWinneba—Native Law and custom applicable–Native Courts (Colony)Ordinance, Schedule 2 and section 15—Courts Ordinance, section 74—Recovery of possession—Setting aside deed of sale. Facts In these two consolidated…
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George Aiyewunmi V. Commissioner Of Police (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Case stated—No record of interpreters having been sworn—Necessity in Nigeria for their being sworn. There being no rule of law in Nigeria, either by statute or at common law, requiring that an interpreter should be sworn, (though it…
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Yesufu Esan & Others V. Bakare Faro (Chief Ojora) & Another (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Consolidated Actions—Claims to set aside title deeds—Native Law and Custom—Sale of family property—Consent of members of family. A sale of family property which takes place without the consent and against the wishesof a…