J. B. Bardi & Anor V. L.H Maurice (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Tort—Libel—Plea of justification—Fair comment—Statements of fad—Allegation of disreputable motive—Publication to persons not interested. Practice and Prodecure—Description not meaning representative suit. Facts The respondent sued with the above description after his name, and one argument in the…

James Sam Bansah Of Swedru V. G. B. Ollivant, Ltd. (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Appeals in Civil Cases—Appealfrom Judge’s refusal to review hisjudgment—Special leave to appeal not obtained—Such refusal an interlocutory decision—Cap. 5, section 3 (3). A Judge’s refusal to review his judgment is an interlocutory decision and…

Mrs. F. Bamgboye & Ors V. The Administrator-General & Anor (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Executors and Administrators—To what extentreal estate may he administered— Administration (Real Estate) Ordinance of 1917 (Cap. 2), section 2 and the second proviso—The Administrator-General’s Ordinance of 1938 (Cap. 4), section 30 (1). Facts Section…

Matthew Olajide Bamgbose V. John Bankole Daniel & Ors (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Marriage Ordinance of the Colony of Lagos of 1884—Section 41—Distribution of intestate’s estate—Children of customary marriages—Dw/ndu/iow under Statute of Distribution, 1670, and Act of 1685—Legitimacy by law of country of origin—Nigeria. Facts On appeal from…

Matthew Olajide Bamgbose V. John Bankole Daniel & Ors (1952) Marriage Ordinance (Cap. 128), section 36 (1)—Distribution of intestate’s estate—Issue of customary marriage. Facts The above named deceased, John St. Matthew Daniel, was bom to his parents after they married in church (viz. under the Marriage Ordinance). Before their marriage, they had another son named…

Kwamin Badu V. Kofi Donkoh (1955) LawGlobal Hub Judgment Report – West Africa Court of Appeal Native Courts—Appeals in matters relating to land. Jurisdiction—Appeals from Native Courts—Land matter. Facts The plaintiffs (above appellants) as heads of three houses of a Family, out of the four) sued the defendant claiming delivery up of Stool properties comprising…

Gbadamosi Baba-Egbe V. Patience Kasumu & Ors (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Moneylenders’ Ordinance (Cap. 136), section 19 (2), (3), (4)—Moneylender’s duty to keep book and enter details—Moneylender’s default—Relief to borrower. Practice and Procedure—Averment and admission showing claim on a moneylender’s transaction unenforceable—Omission of borrower to plead the Moneylenders’…

Nil Azuma III V. Peter Quarshie Fiscian & Ors (1953) LawGlobal Hub Judgment Report – West Africa Court of Appeal Native Law and Custom—The “ Brazilians ”—Their Chief and the sections—Land given them—Sectional possession. Facts It was common ground that about 1836 a shipload of Africans came from Brazil under a common leader and several…

Salawu Atunde V. Commissioner Of Police (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Criminal Law and Procedure—Rights of defendant called upon for his defence—Reasons for judgment.Criminal Procedure Ordinance—Sections 245, 286, 287 (1) (a), and 288. Magistrates’ Courts (Appeals’) Ordinance, section 21 (3)—Reasonsfor decision. Facts Put briefly, section 245 of the Criminal…

Kwabena Atta V. The Queen (1953) LawGlobal Hub Judgment Report – West Africa Court of Appeal Criminal Law and Procedure—Homicide—Provocation—Criminal Code, sections 233 (1) and 234 (3). Facts Section 233 (1) provides that:—“A person who intentionally causes the death of another person by unlawful harm shall be deemed to be guilty only of manslaughter, and…