Nil Kpakpo Muffat & Ors V. Nil Tetteh Kpeshie II & Anor (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Native Courts (Colony) Ordinance, 1944, section 52 (1) proviso—Native Courts (Colony) Procedure Regulations, 1945, Reg. 115 (1)—Time for appeal to Land Court—Appeal out of time. The Native Court gave judgment against the…

Elias J. Moubarak V. Holland West Afrika LIJN (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Supreme Court—Contract with clause ousting jurisdiction—Effect of clause—Arbitration Ordinance (Cap. 16): section 5; section 22; Schedule 2.Practice and Procedure—Foreign law to be pleaded.Evidence—Foreign law to be proved—Presumption. Facts In the contract between the parties one clause…

Abbas Mohommed V. Taiwo Mohommed & Anor (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Damages—Co-respondent in divorce suit—Damages to be compensatory. Facts The petitioner in a divorce suit was awarded £5 as damages against the co-respondent; he appealed on the damages. Priorto the marriage, the petitioner’swife had been the mistress of…

Kofi Mensa V. The Queen (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law— Charge of murder—No evidence of preconceived intent to kill—Defence of intoxication not considered. Facts Appellant was co-habiting with deceased and anxious to marry her but disappointed in his hopes took gin and later that day invited her…

J. Green Mbadiwe V. Alhaji Yaya (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Negligence—Case where onus on defendant.Appeals in Civil Cases—Findings based on inadequate view of evidence. Facts Plaintiff’s case was that his lorry was parked on the left of the road with a light on the load, and that defendants’…

Laode Matonmi V. Bakare Ibiyemi & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Magistrate’s Courts Ordinance (Cap. 122), section 19 (1) and proviso—Supreme Court Ordinance (Cap. 211), proviso to section 12—Claim in trespass for damages—Test on whether issue of title to land is raised. Facts Section 19 (1) of the…

Emily Malomo & Ors V. E. J. Olushola & Anor (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Statute of Frauds to be specially pleaded—Supreme Court Ordinance Section Y1 (1)—gift of land by Native Law and Custom—proof by parol evidence. Facts This was an appeal on two consolidated actions to decide the…

Adebiyi Majekodunmi V. The Queen (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Conspiracy—Outsider conspiring with Post Office employees to tamper with postal matter—Criminal Code, section 163, and section 576—Circumstantial evidence—Where guilt not the only possible inference—Wherecertainly not deducible. Evidence Ordinance—Section 34—Government Officer—Gazette to justify absence at trial—Section 114: presumption on…

Kemkunna Maduwariri & Anor V. Regina (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Native Courts Ordinance—appeal to Lieutenant-Governor—order of certiorari. Facts Judgment was given against the appellants in a Native Court. There were appeals to the District Officer and then to the Resident who restored the judgment of the Native Court.…

John Francis Maclarnyoh & Anor V. The Queen (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Stealing—Value of specific items received—Defence of possible innocent mistake or of general deficiency. Facts The appellants were tried with X and Y (who did not appeal). X ought to have entered, but did…