Criminal Law and Procedure—Charge amended but fresh plea not taken—Charge amended again and fresh plea taken—Effect of first omission—Criminal Procedure Ordinance (Cap. 43), section 164 (1) and (4). Facts Section 164 (1) prescribes that “if a new charge is framed or alteration is made to a charge under section 162 or section 163 the Court…

Ufuonye Enweonye & Ors V. The Queen (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Proof of death in a murder charge—No identification body—Circumstantial evidence—Section 1 (c) of the Criminal Code—Aiding to commit a crime. Facts The three appellants-were convicted for murder. There was no conclusive identification of the body of the…

Kwesi Enimil V. Kwesi Tuakyi (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Contempt of Court—mistake in disobeying order. Facts The respondents (plaintiffs below) sued the appellant for a declaration that they were entitled to possession of certain lands and obtained judgment, which was affirmed on appeal on 3rd February, 1950; and…

Johannes Englang V. J. Mope Palmer (1955) Practice and Procedure—Suit for trespass—Plaintiff averring ownership—Plaintiff not averring possession—Possession the issue—Amendment in appeal to aver possession.Appeals in Civil Cases—Amendment to settle controversy. Facts In the Court below the plaintiff sued for trespass, alleging that he was the owner of certain land and that the defendant trespassed on…

Ishmael Emegwara & Ors V. Noah Nwaimo & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Real property—Trespass—Claim for injunction—Claim for declaration of title—Title not alleged with precision—No evidence of precise title. Facts The respondents as plaintiffs obtained a declaration of title to an area of land, damages for trespass, and…

Magbo Ekwo V. Simon Enechukwu (1954) Tort—Negligence—Injury—Plaintiff’s contributory negligence—Reasonableness of conduct—Cause of damage. Plaintiff (now appellant) vas a passenger on defendant’s lorry; his seat was badly fixed and came out of its position; he fell and broke the bones of his hand badly. The defendant’s driver offered to take him to hospital, but he was…

Dickson Ejukolbm V. Inspector-General Of Police (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Procedure—Magistrate calling witnesses after close of defence. Appeals from Magistrates—Criminal Appeals—Order on appeal for re-trial—Circumstances of case.Magistrates’ Courts (Appeals) Ordinance, section 43 (a) (i)—Power to order a re-trial. Facts Appellant was charged on two counts with unlawful…

Governor Teghwete Ejarune V. The Queen (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Stealing by clerk—Money drawn outside authorised credit—Criminal Code, section 385, proviso. Facts Appellant, a produce buyer in the employ of a company, had an agreement which authorised him certain credits for buying produce with on the company’s…

Omankyiame Kobina Kwansa Efi V. Kwesi Enyinful (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Native Courts—Decisions in land cases—View on appeal. Appeals in Civil Cases—View on appealsfrom Native Courts in land cases. Facts The plaintiff sued on trespass claiming a boundary between his land and the defendants at a certain point;…

Enitan Edun V. Salami KoledoyeEnitan Edun (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Justice to be aimed at in preference to technicalities—Variance between writ and pleading—Indulgence to illiterate person giving evidence. Facts The plaintiff by her writ claimed a declaration of title in accordance with native law and custom;…