Dickson Owusu Gya V. The Queen (1954) LJR-WACA

Dickson Owusu Gya V. The Queen (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Homicide—Cause of death.Appeals in Criminal Cases—Conviction of manslaughter—Causing grievous harm substituted.Criminal Procedure Code, section 141 (2). West African Court of Appeal Ordinance, section 11 (2). Facts The appellant was convicted of manslaughter and appealed on […]

John Grisby V. M. S. Jubwe & Ors (1954) LJR-WACA

John Grisby V. M. S. Jubwe & Ors (1954) Practice and Procedure—Defendant not appearing at the hearing—Case with written pleadings—Judgment without evidence in claim for damages which had not been admitted—Supreme Court (Civil Procedure) Rules, Order 40, rule 3, and Order 41, rules 1, 2, 3. jurisdiction—Consul appearing on application—Consul accepting order for pleadings—Consul putting […]

Sunday Igbani Green V. The Queen (1955) LJR-WACA

Sunday Igbani Green V. The Queen (1955) Murder—provocation—section 318 of the Criminal Code. Facts The facts are fully set out in the Judgment. The only point for consideration was whether the trial Judge had properly directed his mind to the question of provocation. The Court, in finding that the Judge had adequately directed himself, stated […]

H. E. Golightly & Anor V. E. J. Ashrifi & Ors (1955) LJR-WACA

H. E. Golightly & Anor V. E. J. Ashrifi & Ors (1955) Native Law and Custom—Ga tenure of land—Alienation—Flexibility of custom—Application of customary law—Courts Ordinance, section 87 (1). Facts “Land belongs to the community, the village or the family, never to the individual . . . He (viz. the head of the community or village […]

The Gold Coast Industrial Corpn. Ltd. V. Salawu Lagos (1953) WACA

The Gold Coast Industrial Corpn. Ltd. V. Salawu Lagos (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Execution—Garnishee proceedings—What may be garnished—Civil Procedure Rules, Order 44, rules 16 and 17. Facts The above rules read as follows:—” 16. If the garnishee does not forthwith pay into Court the amount due from him […]

Laryea Goe V. The Queen (1953) LJR-WACA

Laryea Goe V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Evidence—Accomplice—Circumstantial corroboration. Facts The appellant was accused of stealing tyres and the evidence against him was that he had sold some to two purchasers, one of whom the trial Judge regarded as an accomplice. The argument […]

Chief Gbenebichie V. Socrates Awoshika (1952) LJR-WACA

Chief Gbenebichie V. Socrates Awoshika (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Land Registration Ordinance—’* Instrument ” requiring registration—Document creating a Family Trust Fund not an ” instrument ”.Practice and Procedure—Non-suiting wrong where amendment possible. Facts The dispute related to rents of family land which the. Family Head gave out on […]

Gishiwa Gana V. Bornu Native Authority (1954) LJR-WACA

Gishiwa Gana V. Bornu Native Authority (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Native Courts—Native law and custom—Practice and Procedure—Rules of Evidence—Native Courts Ordinance, section 10A and proviso and section 14—Murder—Defence of provocation—Lack of proof under law observed in Native Court. Facts The appellant was charged with murder in a Native […]

Muhammedu Gadam V. The Queen (1954) LJR-WACA

Muhammedu Gadam V. The Queen (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Killing person believed to be a witch.Criminal Code, section 25—Belief not reasonable. Facts Section 25 of the Criminal Code provides as follows: ” A person who does or omits to do an act under an honest and reasonable, […]

V. C. A. Fynn V. Jane Gardiner (1953) LJR-WACA

V. C. A. Fynn V. Jane Gardiner (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Real property—Gift in joint tenancy—Death of surviving donee in intestacy.Native law and custom—Death of sole owner in intestacy—Lapse into family property—Claim for accounts by junior members against family head. Facts The original owner by deed of gift […]