Maawole Konkomba V. The Queen (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Provocation by witchcraft when available as defence. Facts The deceased was called by appellant’s father to see a son who was sick. The evidence showed that appellant believed deceased had killed one of his brothers by witchcraft and…

Nana Kwabena Konadu & Anor V. Nana Akyeampong Akwasi II (1954) LawGlobal Hub Judgment Report – West African Court of Appeal The Boundary, Land, Tribute, and Fishery Disputes (Executive Decisions Validation) Ordinance (Cap. 120), section 3. Facts There were two executive decisions fixing the boundary to a Pillar No. 5; the third decision stated that…

Twimahene Adjeibi Kojo II V. Opanin Kwadwo Bonsie & Anor (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in Civil Cases—Findings of trial Court—Presumption in its favour—Onus to displace presumption on losing side. Facts The appellant sued claiming redemption of land which he alleged had been pledged; defendants denied his title.…

Adu Kofi V. The Queen (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in Criminal Cases—Guilt not proved with certainty—Conviction set aside. Note In this appeal (No. 72/54) there was no appearance for the appellant; D. J. Sheridan, Director of Public Prosecutions, appeared for the Crown; the following judgment was delivered:…

Malek Khoury V. Kamel Tabbara (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Malicious prosecution—Criminal proceedings terminated by nolle prosequi. Facts The appellant (plaintiff below) sued the respondent (defendant below) claiming damages for malicious prosecution on the ground that the respondent wrongfully charged him with an offence for which he was arrested…

F. And M. Khoury V. Sharani Brother (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Interim Attachment—Execution distinguished—Civil Procedure—Rules: Order 13, rule 3; Order 43, rule 16. Facts The respondents sued X for the price of tyres sold and took out under Order 13, rule 3, an order of interim…

Farid Khawan V. Comptroller Of Customs (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Exchange Control Ordinance—Diamonds—Application of Customs Ordinance: section 248: (1) on value for penalty purposes, and (2) on certificate of value— Certificate conclusive and no other evidence required. Facts The Exchange Control Ordinance provides for applying the enactments on…

Jarinatu Kasumu V. Dorcas Ibironke (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Landlord and Tenant—Lease of land—Tenant building on land with landlord’s knowledge—Landlord claiming recovery of premises—Increase of Rent (Restriction) Ordinance. Facts The appellant, originally the plaintiff, gave notice to the defendant, now respondent, under the Recovery of Premises Ordinance, of…

Aksor Kassardjian V. The Queen (1955) Criminal Law—Accomplice—An accomplice not so treated at trial—Absence of corroboration.Appeals in Criminal Cases—Cap. 5, section 10, proviso to sub-section (1)—Not applied. Facts The appellant, a building contractor and transport owner, was convicted of endeavouring to influence B, a public officer, in the duties of his office by a gift…

Philip Kanu & Anor V. The King (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Evidence—Extra-judicial confession—Confirmatory circumstances. Facts The facts were these: Feeling was high between the village of the appellants and the village of the deceased owing to a land dispute. The deceased was riding on the carrier at…