Nana Kwatare Nyarko V. Nana Kwaku Akowuah (1954) LJR-WACA

Nana Kwatare Nyarko V. Nana Kwaku Akowuah (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Lack ofjurisdiction—Nullity ofjudgment. Practice and Procedure—Review of a judgment which was a nullity. Facts S. gave a judgment presiding in the Chief Commissioner’s Court on a day before which his appointment to the Court had lapsed. Later, […]

Chief Aaron Nwizuk & Ors V. Chief Warribo Eneyok & Ors (1953) LJR-WACA

Chief Aaron Nwizuk & Ors V. Chief Warribo Eneyok & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Inspection by court—Admissions made by parties at inspection Facts After the evidence the Judge went to inspect the land in dispute—some islands in this case—in the presence of two plaintiffs as […]

R. Nweke V. The Queen (1955) LJR-WACA

R. Nweke V. The Queen (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Official corruption—Section 116 of the Criminal Code—accomplice—a victim. Facts This was a trial before the Supreme Court. The trial Judge convicted the appellant, who was a Sergeant of the Nigerian Police Force, on two counts under section 116 of […]

Uzonwanne Nwakuche V. Peter N. Azubuike & Anor (1955) LJR-WACA

Uzonwanne Nwakuche V. Peter N. Azubuike & Anor (1955) Statement of Claim defective—Variance with evidence—non-suit instead of dismissal of claim. Facts This action was dismissed by the Court below. On appeal it was argued that the trial Judge had misdirected himself by taking the view that the plaintiffs evidence was “in complete contrast to the […]

Mu’azu Nunku V. IGP (1955) LJR-WACA

Mu’azu Nunku V. IGP (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Magistrate’s Court—Court of Record—inherent jurisdiction to punish summarily contempt committed “sedente curia”—no right of appeal. Facts A Magistrate, Grade III, presiding at the trial of the appellant for a motor vehicle offence, committed the appellant for five days’ imprisonment for […]

Maye Nungu V. The Queen (1953) LJR-WACA

Maye Nungu V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Intent to cause grievous norm—Weapon and nature of blow—liefence of provocation by words. Facts The appellant and his younger brother had had a dispute about the burning of some trees in the appellant’s farm; and later further words […]

Chief Benjamin Nsirem & Anor V. Monday Nwakerendu & Anor (1955) LJR-WACA

Chief Benjamin Nsirem & Anor V. Monday Nwakerendu & Anor (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Arbitrators’ award—meaning of word “owner” Facts This was a dispute as to the ownership of land between the people of Andoni, the appellants, and the people of Opobo, the respondents. The appeal depended on […]

Fuad Gabriel Noujaim V. Rashid Aly (1953) LJR-WACA

Fuad Gabriel Noujaim V. Rashid Aly (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in Civil Cases—Finding offact—Onus on appellant to show thefinding was wrong.Evidence—Administrator agreeing to amount of deceased’s indebtedness—An agreement inter vivos—Rule on claims against estates not applicable. Facts The respondent traded on his own account and was also […]

Duramani Ngelegla V. Tribal Authority Nongowa Chiefdom (1953) LJR-WACA

Duramani Ngelegla V. Tribal Authority Nongowa Chiefdom (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—False imprisonment—Onus of proving legality.Courts Ordinance, section 40—Bona fide acts in judicial capacity.Tribal Authority Ordinance—Notice of intended action—Section 19 (2) of the Ordinance—Lack of notice not pleaded—Rules of Court, Order 16, rule 1. Facts The action was […]

Joseph Nahman V. J. A. Odutola (1953) LJR-WACA

Joseph Nahman V. J. A. Odutola (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Leases—Lessee with prior lease.Native Lands Acquisition Ordinance (Cap. 144), section 3 (1) and (3)—Alien making agreementfor lease without approval.Evidence—Evidence Ordinance (Cap. 63), section 34 (1)—Evidence in other proceedings—No proof that witness not available—Record of proceedings put in. Facts […]