Nil Azuma III V. Peter Quarshie Fiscian & Ors (1953) LJR-WACA

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. COP (1952) LJR-WACA

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) LJR-WACA

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 […]

Nana Ofori Atta II & Anor V. Nana Bonsra Agyei & Anor (1952) LJR-WACA

Nana Ofori Atta II & Anor V. Nana Bonsra Agyei & Anor (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Estoppel—Previous suit—Person privy to plaintiff—Person in same interest standing by. Facts There had been a previous action in which the Stool of Muronam litigated against the Banka Stool the title to a […]

Igyegh Atanyi V. The Queen (1955) LJR-WACA

Igyegh Atanyi V. The Queen (1955) LawGlobal Hub Judgment Report – West Africa Court of Appeal Murder—common design to commit robbery with violence. Facts The appellant, with another person, went out at night to steal. The appellant admitted that his companion was armed with a knife. They were disturbed in carrying out their common purpose […]

Yaw Asuah V. Essi Egyirwah & Ors (1954) LJR-WACA

Yaw Asuah V. Essi Egyirwah & Ors (1954) Jurisdiction—Supreme Court—Administration suit—Ownership of land. Estoppel—Judgment ultra vires—Person neither party nor privy informer case. Evidence—Extrinsic evidence to explain nature of transaction and relationship of parties. Facts In the Gold Coast an administration suit in the Supreme Court is confined to personal property; and the jurisdiction to decide […]

N. Y. Arejian V. Alhadji B. A. Sulemon & Anor (1952) LJR-WACA

N. Y. Arejian V. Alhadji B. A. Sulemon & Anor (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Landlord and Tenant—Recovery of Premises Ordinance, section 19 (1) (e)—New Landlord proving his title. Facts The above provision requires a landlord to prove his title if it has accrued since the letting of the […]

Ededem Archibong V. Ntoe Asim Ita & Ors (1954) LJR-WACA

Ededem Archibong V. Ntoe Asim Ita & Ors (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Real Property—Evidence—Onus on plaintiff—User of isolated parts of land. Practice and Procedure—Claim to land not proved—Defendants putting in a document and calling no other evidence—Judgment dismissing claim. Facts (Section 45 of the Evidence Ordinance (Cap. 63), […]

Nana Kojo Appiah II & Anor V. Gyasehene Kwame Badu & Ors (1955) LJR-WACA

Nana Kojo Appiah II & Anor V. Gyasehene Kwame Badu & Ors (1955) Practice and Procedure—Native Courts (Colony) Ordinance, 1944 (Cap. 98), section 39: on notice of joinder—Persons joined on their own application not served with notice. Facts The above section requires notice of joinder to be served on a person joined as a party. […]

Michael John Aouad & Anor V. IGP (1954) LJR-WACA

Michael John Aouad & Anor V. Inspector-General Of Police (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Evidence—Evidence Ordinance, section 56—”Expert”. Facts Section 56 of the Evidence Ordinance reads as follows:— “(1) When the Court has to form an opinion upon a point of foreign law, native law or custom, or of […]