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Kojo Oku Alias B. C. Baidoo Of Ayan Sunkwa V. Akosuah Eduyaah Successor Of Owusuah (Deceased) Of Ayan Sunkwa (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Motion for Writ of Restitution of Possession—Circumstances in which this procedure is applicable. Facts The plaintiff moved the Land Court for ” Restitution of Possession…
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Isaac Talabi Ogunbambi V. Adeni Ji Soyonbo Abowab (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Action for trespass—Burden of proof—Unregistered instrument not admissible to prove title—Such instrument admissible to prove payment of money and coupled with possession gives rise to an equitable interest—Notice of equitable interest presumed where culpable negligence established—Independent…
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Daniel Ojo Ogbebor V. Commissioner Of Police (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Person employed in the Public Service charged that he had corruptly ” demanded” and ” taken ” under colour of his employment a certain sum of money contra section 404 (1) (a) of the Criminal Code—Duplicity alleged—Whether…
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Thomas Ade Odiwu & Anor V. Commissioner Of Police (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Application for bail an application for leave to appeal against decision ofSupreme Court in its appellate jurisdiction—West African Court of Appeal Rules, 1950, not applicable—Procedure governed by section 8 of the Magistrate’s Courts (Appeals) Ordinance…
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Ndalaku Ochonma V. George Francis Quagraine. (Substituted for Isaac Quagraine) (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Transfer by District Officer under section 25 (1) (c) of the Native Courts Ordinance wrongly exercised—Variation of order by District Officer at request of Judge of Supreme Court by substituting section 25 (1) (b)…
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Louis Nnamdi & Anor V. Commissioner Of Police (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from Supreme Court exercising its appellate jurisdiction—West African Court of Appeal Rules, 1950, not applicable—Procedure governed by section 8 of the Magistrate’s Courts (Appeals) Ordinance (Cap. 123). Facts The applicants applied for leave to appeal…
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Yaw Ngoroh & Anor V. The King (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Admissibility of statements to the police of accused persons taken to the sceneof the crime—One Counsel representing two accused where defences fundamen-tally opposed to each other. Facts The appellants were both convicted of murder. After the two…
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Emmanuel Quarmina Nelson Of Accra & Anor V. Samuel Quarshie Nelson Of Accra & Anor (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for declaration of title and for recovery of possession of lands—Whether transaction governed by English law or Native law and custom—Suit not exclusively between Natives—Effect of acquiescence on…
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Ganiyu Adisa Motayo V. The Commissioner Of Police (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction in Magistrate’s Court—Power of Supreme Court on appeal to orderre-trial–Section 43 of the Magistrate’s Courts (Appeals) Ordinance (Cap. 123)considered. Facts On an appeal from a conviction by the Magistrate’s Court the Supreme Court ordered a…
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Ganiyu Adisa Motayo V. Commissioner Of Police (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Interpretation of section 404 (1) (a) of the Criminal Code—Meaning of thewords ” under colour of ” construed—Power of Court to reconsider its previous decisions in criminal cases—Principle enunciated by Court of Criminal Appeal in England adopted—Rule…