Anthony George Boulos V. The Queen (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Criminal Law and Procedure—Criminal Code, section 430 (1)—Possession—Goods suspected to be raw gold—Explanation raising suspicion goods stolen or unlawfully obtained. Facts The appellant was found carrying a parcel of ash-trays which the police suspected to be of raw…

Korkei Bota & Ors V. Florence Koshie Plange (1954) Appeals in Civil Cases—Extension oftime for depositing moneyfor the record—W.A.C.A. Rules, 1950, rule 16 (4), rule 23 (2). Facts The Registrar of the Court below, acting under rule 16 (4), directed the appellants to deposit money within a certain time to cover the estimated cost of…

J. P. Boro Of Yenogoa V. S. A. Kenedy & Anor (1955) LawGlobal Hub Judgment Report – West Africa Court of Appeal Sale of goods—written contract—unascertained goods—when property passes Facts This case arose from a written contract for the sale of timber. The appellant claimed he was entitled to be paid for the balance of…

Emile Najib Bittar V. The Principal Immigration Officer, Accra & Ors (1953) LawGlobal Hub Judgment Report – West Africa Court of Appeal Immigration Ordinance, 1947, section 19, reg. 3 (2) and reg. 6 (1) and (2)—“Prohibited immigrant ”—Deportation without Court order. Facts Section 19 of the Immigration Ordinance, 1947, reads as follows:—“19. Where any person…

Yaw Biei & Ors V. Kwame Assah (1953) LawGlobal Hub Judgment Report – West Africa Court of Appeal Practice and Procedure—Discontinuance of action by leave of Court—No leave given to sue again—Effect on new suit brought—CivilProcedure Rules, Order 38, rule 1—Where the plaintiffs are not the same as before. Facts The above rule provides that…

Issa Bia V. A. H. Murray (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Tort—Libel—Circumstances of publication—Privilege—Malice The plaintiff (appellant), who was a stores orderly in the service of a company,was prosecuted for theft of canvas and acquitted. When he came for work he refused to say who had stolen the canvas,…

Mori Bayor V. Commissioner Of Income-tax (1955) LawGlobal Hub Judgment Report – West Africa Court of Appeal Income Tax Ordinance—Section 18: assessment—Section 18 (3): new business— Section 52: additional assessment—Section 57: appeal against assessment—Section 57 (4): onus on appellant to prove it is excessive. Facts The fiscal year is from 1st -April to ensuing 31st…

M. D. Bassil & Anor V. Abraham Kwaku Honger (1954) Native Law and CustonF—.Master marrying his own female slave—Position of children and their uterine descendants—Lease of family property without concurrence of principal members.Estoppel—Testimony in another suit not affectingfamily’s position—Testimony by person not a party to that suit. Res Judicata—Cases not resting on same foundation: different…

Chief Nsidintak Bassey & Anor V. Chief Asuquo Ekanem & Anor (1953) Real property—Rights offishing—Watercourse. Minerals Ordinance, section 3—Rights of Crown in rivers, etc. Facts In the Supreme Court the plaintiffs (for the people of Idere) sued the defendants (for the people of Atan) for a declaration of title to a fishing pond “property of…

Hussein Kalil Basma V. Allie Noureldine (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Landlord and Tenant—Breach of covenant—Re-entry or Forfeiture—Notice of breach—Discretion of Court—Conveyancing Act, 1881, section 14 (1) and (2)—Circumstances—Compensation. Facts Shortly put, sub-section (1) of the above section requires a Lessor to give the lessee notice of breach of…