Kwaku Kanning V. Kwabena Pong & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in Native Courts—Constitution of Native Appeal Court—Membership varied during hearing. The appellant (originally plaintiff) complained that the proceedings before the Native Appeal Court were a nullity: at the hearing the members were A, B, and C,…

John Kweku Kaine V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Evidence—Dying declaration—Criminal Procedure Code, section 270. Facts Section 270 of the Criminal Procedure Code provides that:—“Upon a trial where the cause of death of a deceased person comes into question, the declaration of such deceased person, whether it…

Gustavus John & Anor V. Attorney-General (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Costs in case under Public Lands Ordinance—Costs against the Crown—Rules, Order 46 and Order 48. Facts Order 46, rule 1 provides:—“1. Subject to the provisions of any Ordinance and these rules, the costs of and incident…

Sahid Jaffa & Anor V. Thomas Elias (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Negligence—Driver driving within scope of employment. Appeals in civil cases—Test of intervention on damages. Facts The respondent sued the appellants for damages for negligence and was awarded an amount as general damages and another amount as special…

Abdul L. Jaber V. Mohamed K. Basma (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Trespass—Special Damages for goods lost—Need to prove—General damages—Serious inconvenience.Practice and Procedure—Judgment affecting non-party—Need ofnotice—Rules of Court, Order 34, rule 2. Facts The above rule (of Sierra Leone) provides as follows:—“2. Where by any judgment or order any…

Ajaka Izenkwe & Ors V. Onyemuche Nnadozie (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Supreme Court Ordinance, section 11 and Proviso to section 12—Whether claim in trespass raises issue oftitle to land—Plaintiffs with judgment for title. Facts (For the purposes hereof, the above section 11 confers complete original jurisdiction on the…

David Inneh V. Iguma Aruegbo (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Malicious prosecution—Defendant making a charge groundless to his knowledge Facts The plaintiff’s husband and the defendant, a close relative of his, lived in one town; she, for a long time, lived in another town, far away, having abandoned her…

I. M. Idosu V. Abudu Y. Ojikutu (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Execution—Procedure—Separate judgment debts—Separate applications for garnishment—Application by person claiming interest in amount to be garnished—Magistrates’ Courts (Civil Procedure) Ordinance, section 67—Sheriffs, etc., Ordinance (Cap. 205), section 87. Facts The plaintiff obtained three judgments against the defendant in…

C. S. Hellel V. Assistant Commissioner Of Income Tax (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Income Tax Ordinance—Section 65: Offence offailure to pay tax—Section IQ: Effect of acquittal—Who may prosecute—Criminal Procedure Ordinance, section 59. Facts Sections 65 and 76 of the Income Tax Ordinance read as follows:—“65. (1) Subject to…

LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder by one of two thieves—Murder probable.Evidence Ordinance, section 177 (2)—Evidence of accused incriminating co-accused—One counsel for both undesirable. Section 177 (2) of the Evidence Ordinance provides that:—“Where accused persons are tried jointly and any of them gives evidence on his own behalf which…