Chief Benjamin Nsirem & Anor V. Monday Nwakerendu & Anor (1955) LJR-WACA
Chief Benjamin Nsirem & Anor V. Monday Nwakerendu & Anor (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Arbitrators’ award—meaning of word “owner” Facts This was a dispute as to the ownership of land between the people of Andoni, the appellants, and the people of Opobo, the respondents. The appeal depended on […]
Fuad Gabriel Noujaim V. Rashid Aly (1953) LJR-WACA
Fuad Gabriel Noujaim V. Rashid Aly (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in Civil Cases—Finding offact—Onus on appellant to show thefinding was wrong.Evidence—Administrator agreeing to amount of deceased’s indebtedness—An agreement inter vivos—Rule on claims against estates not applicable. Facts The respondent traded on his own account and was also […]
Nana Kwami NKYI XI V. Sir Tsibu Darku IX & Anor (1953) LJR-WACA
Nana Kwami NKYI XI V. Sir Tsibu Darku IX & Anor (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Estoppel—Paramount Chief helping to fix boundary between his sub-chief and the sub-chief of another State—Judgment—Non-party in same interest with a Party. Facts The first respondents, a Paramount Chief and two of his sub-chiefs, […]
Duramani Ngelegla V. Tribal Authority Nongowa Chiefdom (1953) LJR-WACA
Duramani Ngelegla V. Tribal Authority Nongowa Chiefdom (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—False imprisonment—Onus of proving legality.Courts Ordinance, section 40—Bona fide acts in judicial capacity.Tribal Authority Ordinance—Notice of intended action—Section 19 (2) of the Ordinance—Lack of notice not pleaded—Rules of Court, Order 16, rule 1. Facts The action was […]
Joseph Nahman V. J. A. Odutola (1953) LJR-WACA
Joseph Nahman V. J. A. Odutola (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Leases—Lessee with prior lease.Native Lands Acquisition Ordinance (Cap. 144), section 3 (1) and (3)—Alien making agreementfor lease without approval.Evidence—Evidence Ordinance (Cap. 63), section 34 (1)—Evidence in other proceedings—No proof that witness not available—Record of proceedings put in. Facts […]
Nil Kpakpo Muffat & Ors V. Nil Tetteh Kpeshie II & Anor (1952) LJR-WACA
Nil Kpakpo Muffat & Ors V. Nil Tetteh Kpeshie II & Anor (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Native Courts (Colony) Ordinance, 1944, section 52 (1) proviso—Native Courts (Colony) Procedure Regulations, 1945, Reg. 115 (1)—Time for appeal to Land Court—Appeal out of time. The Native Court gave judgment against the […]
Elias J. Moubarak V. Holland West Afrika LIJN (1953) LJR-WACA
Elias J. Moubarak V. Holland West Afrika LIJN (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Supreme Court—Contract with clause ousting jurisdiction—Effect of clause—Arbitration Ordinance (Cap. 16): section 5; section 22; Schedule 2.Practice and Procedure—Foreign law to be pleaded.Evidence—Foreign law to be proved—Presumption. Facts In the contract between the parties one clause […]
Abbas Mohommed V. Taiwo Mohommed & Anor (1952) LJR-WACA
Abbas Mohommed V. Taiwo Mohommed & Anor (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Damages—Co-respondent in divorce suit—Damages to be compensatory. Facts The petitioner in a divorce suit was awarded £5 as damages against the co-respondent; he appealed on the damages. Priorto the marriage, the petitioner’swife had been the mistress of […]
Kofi Mensa V. The Queen (1952) LJR-WACA
Kofi Mensa V. The Queen (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law— Charge of murder—No evidence of preconceived intent to kill—Defence of intoxication not considered. Facts Appellant was co-habiting with deceased and anxious to marry her but disappointed in his hopes took gin and later that day invited her […]
J. Green Mbadiwe V. Alhaji Yaya (1954) LJR-WACA
J. Green Mbadiwe V. Alhaji Yaya (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Negligence—Case where onus on defendant.Appeals in Civil Cases—Findings based on inadequate view of evidence. Facts Plaintiff’s case was that his lorry was parked on the left of the road with a light on the load, and that defendants’ […]