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Anis Joseph Halaby & Ors V. Neif Joseph Halaby & Ors (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Partnership—Presumption all partners hold in equal shares—Evidence required to rebut presumption—Necessity to examine evidence charging a deceased partner with the greatest care. Facts The issue on this appeal was what were the respective…
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Mama Gariba & Ors V. Alhaji Ibrahimah Of Sekondi (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Judgment of Native Trial Court inconclusive, but correct in findings of fact—Reversed by Native Appellate Court and Land Court—Restoration of judgment of Trial Court impracticable—Action remitted to Land Court on basis that findings of fact…
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Mama Gariba & Ors V. Alhaji Ibrahimah Of Sekondi (1951) LawGlobal Hub Judgment Report – West African Court of Appeal Section 8 of the West African (Appeal to Privy Council) Order-in-Council,1949—A pplicati on by substantive motion for Court to exercise its powers there-under—Whether such powers exercisable on substantive motion or only whenleave to appeal or…
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Issa Fulani V. The King (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal against conviction for rape—Misdirection—Identification paradeimproperly conducted—Complaint by complainant not admitted in evidence—Power of Judge to reject admissible evidence. Facts This was an appeal against a conviction for rape. Counsel for appellant argued Ynat 4enere was Misdirection concerning an…
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Madu Fatumani V. The King (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Statement by suspected person to a Village Head in answer to a remark byHead—Village Head in same position as a Police Officer, and to be regardedas a person in authority investigating a crime—Right to question a suspectedperson when no…
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Essien Akpan Essien V. The King (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Reference to the West African Court of Appeal by the Governor under section 23 of the West African Court of Appeal Ordinance (Cap. 229)—Plea of guiltyof forged currency note—Subsequent proof that currency note genuine—Reference to Court to hear…
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Odikro Esiam Of Ayinasu V. Joseph Sam Brew Of Asafa (1951) LawGlobal Hub Judgment Report – West African Court of Appeal No case pending in the Native Appeal Court—Effect of Transfer for deter-mination of Land Court—Operation of section 51 of the Native Courts (Colony)Ordinance, 1944. Facts This appeal first came before the Native Appeal Court…
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Kwesi Enimil & Ors V. Kwesi Tuakyi & Ors (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Application of English Law where parties are natives—Whether native orEnglish law applies depends on the circumstances relating to the transaction—Forfeiture of rights by reason of denying overlordship. Facts The parties in this action were all…
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Kwesi Enimil & Ors V. Kwesi Tuakyi & Anor (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Effect on claim to possession or occupation of land of a Judgment against claimant that he is liable to pay tribute to ont of those against whom he claims such possession or occupation-Term “owner” frequently…
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Akpan IWok Ekanem V. The King (1950) LawGlobal Hub Judgment Report – West African Court of Appeal Submission of no case to answer—Where rejected Judge’s findings should be confined to ruling—Undesirable that there should be any observations on thefacts of the case. Facts At the close of the Crown case, Counsel for the appellant submitted…