Philip Dim V. The Queen (1952) LJR-WACA

Philip Dim V. The Queen (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Criminal Law—Intent to murder—Insanity—Crown not calling medical evidence—Defence of “black-out”—Criminal Code, sections 27 and 28. Facts Sections 27 and 28 of the Criminal Code read as follows:—“27. Every person is presumed to be of sound mind, and to have […]

Reuben Delor V. Norli Foli (1952) LJR-WACA

Reuben Delor V. Norli Foli (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Contract—Loan secured by goods—Authority to take goods in default. Tort—Taking of goods pursuant to contract. Facts The dispute arose out of a contract of loan; a creditor (Delor) lent money to a debtor (Foli) who undertook in the contract […]

Cleopatra Rebecca Danner V. Attorney-general To The Government Of The Gambia (1953) LJR-WACA

Cleopatra Rebecca Danner V. Attorney-general To The Government Of The Gambia (1953) LawGlobal Hub Judgment Report – West Africa Court of Appeal Protectorate Lands Ordinance, sections 6 and 15—Land occupied by nonindigene without lease or registration of terms but with requisite approval—Dispossession—Compensation. Facts The Ordinance provides that occupation of land in the Protectorate by indigenes […]

Nana Room Dadzie Iv V. Egyei Appiah And Kojo Akesseh (1954) LJR-WACA

Nana Room Dadzie Iv V. Egyei Appiah And Kojo Akesseh (1954) Damages—Contract enabling seizure after notice—Seizure without notice—Award of contemptuous damages—Intervention on appeal. The defendants (now respondents) seized the plaintiff’s lorry for default in payment of the agreed instalments, and the plaintiff sued them for damages for wrongful seizure. The plaintiff agreed that there had […]

The Commissioner Of Lands V. Winifred Arah (1954) LJR-WACA

The Commissioner Of Lands V. Winifred Arah (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Crown Lands Ordinance (Cap. 45), section 17—Action forforfeiture of tease— Notice.Appeals in Civil Cases—Pointfirstraised on appeal going to existence ofaction. Facts So far as relevant, the above section 17 provides that “if there shall be any breach […]

Adekunle Coker V. Albert Farhat (1952) LJR-WACA

Adekunle Coker V. Albert Farhat (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Real Property—Claim for possession—Defendant in possession—Plaintiff not proving any right to possession.Evidence—Recital in conveyance—Vendor dead—No foundation laid for secondary evidence of document mentioned—Evidence Ordinance, section 90 (1), (a) (i), (6) and proviso; section 96 (1). Facts Section 90 (1), […]

West African Cocoa Producers Agency Ltd V. English And Scottish Joint Co-operative Wholesale Society Ltd. (1955) LJR-WACA

West African Cocoa Producers Agency Ltd V. English And Scottish Joint Co-operative Wholesale Society Ltd. (1955) LawGlobal Hub Judgment Report – West Africa Court of Appeal Contract—Breach ofcontract—When a party may treat a contract as at an end—What amounts to repudiation by other party.Practice and Procedure—Proposal to re-open case in order to assess damages. Facts […]

Chutuwa V. The Queen (1954) LJR-WACA

Chutuwa V. The Queen (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Criminal Law—Murder—Intoxication—Provocation—Criminal Code, section 29 (4), section 318. Facts Section 29 (1), (2), and (4) of the Criminal Code provides as follows:— ‘29 (1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge. […]

Ma Chukwunta V. Nwalu Chukwu & Ors (1953) LJR-WACA

Ma Chukwunta V. Nwalu Chukwu & Ors (1953) LawGlobal Hub Judgment Report – West Africa Court of Appeal Estoppel—Judgment of Native Court—Decision ofDistrict Officer on review—Resident proposing Inter-Tribal Settlement inquiry on application for review—Judgment valid until set aside. Native Courts—Suits in representative capacity—Form—Substance. Facts The appellant first sued respondents No. 2 and 3 and another […]

John Chidiak V. David Coker (1954) LJR-WACA

John Chidiak V. David Coker (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Lease—Agreement for lease—Covenant to repair—Lease executed after fire. Crown Lands Ordinance (Cap. 45), section 7 (d) (iii)—Governor’s consent to sub-lease obtained afterfire. Facts The above section 7 (b) (iii) provides that:—“Except as otherwise prescribed or provided in the lease, […]