Laleye Oeyumi V. Lieutenant-governor, Western Region & Anor (1954) LJR-WACA

Laleye Oeyumi V. Lieutenant-governor, Western Region & Anor (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Native Authority Ordinance (Cap. 140)—Section 30 (2) and (3)—Order thereunder administrative—Not challengeable in Court. Facts The text of the above section 30 (2) and (3) is given in the judgment infra.Briefly, sub-section (2) enables a native […]

Odunuwe & Ors V. Uduaga Of Isheagu (1952) LJR-WACA

Odunuwe & Ors V. Uduaga Of Isheagu (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Native Court—Claim for trespass—Claim for injunction within jurisdiction—Claim for damages of amount beyond jurisdiction. Facts The respondent as plaintiff in the Native Court sued claiming (1) an injunction to restrain trespass on a stream, and (2) £100 […]

Udo Ndo V. The Queen (1953) LJR-WACA

Udo Ndo V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Confession of murder—Circumstantial corroboration—Killing an escaping burglar. Facts The body of-the deceased was found about a quarter of a mile from the house of the accused; it had a number of severe wounds, and the accused said in […]

Peter Obiyomi V. E. A. Joloko (1954) LJR-WACA

Peter Obiyomi V. E. A. Joloko (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Criminal Procedure Ordinance, sections 2 and 63: “ summary conviction offence”—Perjury a felony under section 118 ofthe Criminal Code—Private prosecution for perjury—Defendant consenting to summary trial—Whether time limit ofsix months applies. Facts A Magistrate of the first […]

Nana Kwatare Nyarko V. Nana Kwaku Akowuah (1954) LJR-WACA

Nana Kwatare Nyarko V. Nana Kwaku Akowuah (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Lack ofjurisdiction—Nullity ofjudgment. Practice and Procedure—Review of a judgment which was a nullity. Facts S. gave a judgment presiding in the Chief Commissioner’s Court on a day before which his appointment to the Court had lapsed. Later, […]

Chief Aaron Nwizuk & Ors V. Chief Warribo Eneyok & Ors (1953) LJR-WACA

Chief Aaron Nwizuk & Ors V. Chief Warribo Eneyok & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Inspection by court—Admissions made by parties at inspection Facts After the evidence the Judge went to inspect the land in dispute—some islands in this case—in the presence of two plaintiffs as […]

R. Nweke V. The Queen (1955) LJR-WACA

R. Nweke V. The Queen (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Official corruption—Section 116 of the Criminal Code—accomplice—a victim. Facts This was a trial before the Supreme Court. The trial Judge convicted the appellant, who was a Sergeant of the Nigerian Police Force, on two counts under section 116 of […]

Uzonwanne Nwakuche V. Peter N. Azubuike & Anor (1955) LJR-WACA

Uzonwanne Nwakuche V. Peter N. Azubuike & Anor (1955) Statement of Claim defective—Variance with evidence—non-suit instead of dismissal of claim. Facts This action was dismissed by the Court below. On appeal it was argued that the trial Judge had misdirected himself by taking the view that the plaintiffs evidence was “in complete contrast to the […]

Mu’azu Nunku V. IGP (1955) LJR-WACA

Mu’azu Nunku V. IGP (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Magistrate’s Court—Court of Record—inherent jurisdiction to punish summarily contempt committed “sedente curia”—no right of appeal. Facts A Magistrate, Grade III, presiding at the trial of the appellant for a motor vehicle offence, committed the appellant for five days’ imprisonment for […]

Maye Nungu V. The Queen (1953) LJR-WACA

Maye Nungu V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Intent to cause grievous norm—Weapon and nature of blow—liefence of provocation by words. Facts The appellant and his younger brother had had a dispute about the burning of some trees in the appellant’s farm; and later further words […]