B. A. Owiredu & Ors V. Mamah Moshie & Ors (1952) LJR-WACA

B. A. Owiredu & Ors V. Mamah Moshie & Ors (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Native Law and Custom—Fanti Customary Law—Alienation of Family Land. Facts This was a dispute about land belonging to the Effia Stool. The appellants as plaintiffs claimed on a lease given them by one Chief; […]

Justus Olayemi Ososami V. COP (1952) LJR-WACA

Justus Olayemi Ososami V. The Commissioner Of Police (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Public Holidays—Court silting at request of defence.Appeals in Criminal Cases—Court sitting on public holiday—Where no miscarriage of justice—West African Court of Appeal Ordinance., section 11 and proviso. Facts During the trial, the case was adjourned to […]

S. D. Oshodi V. Momodu Aremu (1952) LJR-WACA

S. D. Oshodi V. Momodu Aremu (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Native Law and Custom—Lagos—Family Land—Gift by Chief Oloto to member of family without concurrence of family. Facts The Supreme Court was asked to decide between two persons claiming ownership of land compulsorily acquired by the Board. The first […]

Chief Okro Orukumkpor V. Itebu & Ors (M) (1955) LJR-WACA

Chief Okro Orukumkpor V. Itebu & Ors (M) (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Amendment of Order—inherent right Court to vary in certain cases. Facts When this appeal was heard on the application of both sides an order was made embodying a settlement which had been reached by the parties […]

Awere Abyssinia Nwafor Orizu & Anor V. The Queen (1954) LJR-WACA

Awere Abyssinia Nwafor Orizu & Anor V. The Queen (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Stealing—Money deposited for specific purpose —Purpose not carried out—Money not returned though demanded—Criminal Code, section 383 (1) and (2) (f) Facts Under the above section stealing is a fraudulent taking or conversion, […]

Mewi Onyeanwi, Stephen Mbaochu & Ors V. Jonathan Okpukpara & Ors (1953) LJR-WACA

Mewi Onyeanwi, Stephen Mbaochu & Ors V. Jonathan Okpukpara & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Evidence—Rules applicable—Entry in public record—Evidence Ordinance (Cap. 63), sections 1 (2) and 38. Facts The above section 1 (2) provides that “ This Ordinance shall apply to all judicial proceedings in or before […]

K. Onwonka V. E. J. Minaise (1952) LJR-WACA

K. Onwonka V. E. J. Minaise (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Claim and particulars disclosing no cause of action—Action dismissed Supreme Court (Civil Procedure) Rules, Order 32, rule 19. Facts The appellant had an agreement to buy launches from the respondent at £4,400 and gave £1,000 in […]

Michael Oredolapo Onayemi V. Lutfallah Bouari (1954) LJR-WACA

Michael Oredolapo Onayemi V. Lutfallah Bouari (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Trade Marks—Design registered as trade mark—Cloth of that design sold by another—Suit by owner of trade mark for infringement of his trade mark—Trade Marks Ordinance, section 2.Practice and Procedure—Close of case—Interim judgment giving defendant time to apply on […]

Alhaji F. A. Onasanya V. Daniel Adeniji (1952) LJR-WACA

Alhaji F. A. Onasanya V. Daniel Adeniji (1952) Tori—Trespass—Damages——Irrelevant considerations. Appeals in Civil Cases—Altering the amount of damages. Facts While the tenant was in occupation his landlord, after giving notice to quit, had the windows and doors removed from the shop and room, thus exposing the tenant and his goods to the weather and risk […]

Olatunji Omotayo V. Arbuckle Smith & Co. Ltd (1954) LJR-WACA

Olatunji Omotayo V. Arbuckle Smith & Co. Ltd (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Contract—Breach of duty—Act of God.Tort—Negligence—Act of God—Plaintiff’s breach of a regulation.Damages—Goods lost-through defendants’ fault—Goods recovered and stolen while in charge of plaintiff’s servant—Loss of future profits—Interest on money lost. Facts The plaintiff (now appellant) sued for […]