Dr. Walter Silvera V. General Manager, Nigerian Railways (1952) LJR-WACA

Dr. Walter Silvera V. General Manager, Nigerian Railways (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Negligence—Accident—Plaintiff not exercising reasonable care. Facts The case arose out of an accident in the dark at a level crossing. A little higher up the line passed through a cutting which blanketed the sound of whistling; […]

J. A. Sijuade V. G. A. Tijani (1954) LJR-WACA

J. A. Sijuade V. G. A. Tijani (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Pleadings—Time for delivery of defence—Application for more time-—Principles on which it is granted. Facts Under the order made for pleadings the defence ought to have been delivered by a certain date but was not. The […]

The Sierra Leone Development Co. Ltd V. Maria Taylor (1952) LJR-WACA

The Sierra Leone Development Co. Ltd V. Maria Taylor (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in civil cases—Judgment based on views of Judge without evidence from witnesses. Facts The case arose out of the death of a locomotive driver in the service of the appellants; it was brought by […]

Bisiriyu Shoaga V. The King (1952) LJR-WACA

Bisiriyu Shoaga V. The King (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Procedure—Criminal Procedure Ordinance, section 165: Amendment of Charge—Accused with Counsel—Counsel not informed of right to recall witnesses. The appellant was tried with others in the Supreme Court on two counts and convicted. He appealed, without substance, on questions […]

Joseph Shekoni V. Chief Ogunyemi Ojoko (1954) LJR-WACA

Joseph Shekoni V. Chief Ogunyemi Ojoko (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Circumstances for adjournment of hearing. NOTE Where, owing to a relevant appeal, the hearing of a case would work injustice to a party. it should be adjourned pending the determination of the appeal.(W.A.C.A, No. 3901.) Foster-Sutton, […]

The Service Press Limited V. The Attorney-General (1952) LJR-WACA

The Service Press Limited V. The Attorney-General (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Code, section 50 (2)—Seditious publication—Defence of truth—Evidence of truth inadmissible.Evidence—Charge of seditious publication—Evidence of truth of allegations inadmissible.Criminal Law—Seditious publication—Defence of truth—Evidence of truth of allegations inadmissible. Facts Section 50 (2) of the Criminal Code reads […]

Joe Sandy V. P.C. Johannes B. Hotogua and Anor (1952) LJR-WACA

Joe Sandy V. P.C. Johannes B. Hotogua and Anor (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—False imprisonment—Defence of lawful imprisonment—Onus on defendant.Appeals in Civil Cases—Mistake on onus affecting view of evidence. Native Court—Member a party to suit—of Court vitiated. Facts The plaintiff claimed damages for assault and false imprisonment. The […]

Hassan Rihawi & Ors V. Liadi Aromashodun (1952) LJR-WACA

Hassan Rihawi & Ors V. Liadi Aromashodun (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Claim for declaration of title in fee simple—Judgment that property is family property.Native Law and Custom—Prescription—Stale claim.Registration of Titles Ordinance (Cap. 197)—Land Registration Ordinance (Cap. 108)—Distinction. Facts The above respondent was successful as plaintiff in […]

Cecil Evans Ribeiro V. Jamil Chahin & Anor (1954) LJR-WACA

Cecil Evans Ribeiro V. Jamil Chahin & Anor (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Lease—Claim for declaration that lease is valid and for possession—Re-entry by lessors—Relief against forfeiture for non-payment of rent—Common Law Procedure Act, 1852, sections 210 to 212.Practice and Procedure—Suit against one out of several lessors. Facts The […]

The Resident & Anor V. Memudu Lagunju (1954) LJR-WACA

The Resident & Anor V. Memudu Lagunju LawGlobal Hub Judgment Report – West African Court of Appeal Appointment and Deposition of Chiefs Ordinance (Cap. 12), section 2 (2). Chieftaincy Disputes (Preclusion of Courts) Ordinance, 1948, section 3.Chieftaincy Disputes—Failure to make due inquiry.Jurisdiction—Proceedings to compel due inquiry in chieftaincy dispute—Certiorari permissible.Certiorari—Form of proceedings—Supreme Court Ordinance (Cap. […]