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Emmanuel Oyefolu & Others V. The King (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Visit by Court of locus in quo in the absence of the accused-Irregularity—Irregularity falal if it might amount to a substantial miscarriage of justice. Facts The Court visited the locus in quo attended by Counsel, but the…
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Saka Owoade V. The United Africa Company Ltd (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Pleadings insufficient—Alternative claims not pleaded—Plaintiff can only rely on cause of action pleaded. Facts The defendant was the appellant. By his writ of summons the plaintiff sued the defendant as a common carrier, and his statement…
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F. I. Oranye V. O. T. Jibowu (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal to Supreme Court out of time—No steps taken to enlarge time—No power of Supreme Court to entertain Appeal—Appeal a Nullity—Distinction between irregularities and incurable defects. Facts The appellant appealed from the Magistrate’s Court to the Supreme…
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Samuel Omu V. Commissioner Of Police (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Power of Supreme Court to convict an appellant under a section other thanthat on which he had originally been charged—Section 43 (a) (ii) of theMagistrate’s Courts Appeal Ordinance (Cap. 123) considered—Exercise ofsuch power. Facts The appellant was convicted…
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Adu Jibrilu—The Olukare V. The Owa Ale Of Ikare (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to Chieftainship—Validity of appointment of another Chief challenged—Assertion of subsidiary claims also—precedence and privilege having a monetary value—Jurisdiction of Court to entertain action considered. Facts This was an appeal against- a declaratory judgment of…
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Chief Oloto & Anor V. The Chairman, L.E.D.B (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Application to this Court to entertain an appeal where no appeal lies under section 3 of the West African Court of Appeal Ordinance Discretionarypowers conferred by section 9 of the said Ordinance invoked—Interpretation of section—Section 9…
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G. B. Ollivant Ltd V. Sir Adeyemo Alakija (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Landlord and Tenant—Right of purchaser of reversion to claim rent paid in advance by tenant to former landlord—Effect of purchaser having actual or constructive notice of such advance payment. Facts The respondent became the landlord of…
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Oladimeji V. The King (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Failure at close of Prosecution to ask Accused if he had any Witnesses tocall–Trial a Nullity. Facts The appellant was convicted of manslaughter. Section 287 of the Criminal Procedure Ordinance (Cap. 43), provides that at the close of the prosecution…
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T. O. Oladapo & Anor V. African Continental Bank Ltd & Anor (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Stay of execution refused by trial Court–Power of this Court to grant stayof execution considered. Facts This was an application for a stay of execution pending the hearing of an appeal, a…
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Musuru Okunubi V. Antonio Assaf (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Contract of sale by mortgagor legal estate being vested in mortgagees—Subsequent sale by Mortgagor to second purchaser who paid the mortgagees the amount secured without obtaining a reconveyance—Equitable priorities of first and second purchaser—Mortgagees hold legal estate in trust…