Rex V. Ezekiel Kalio & Anor (1943) LJR-WACA
Rex V. Ezekiel Kalio & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Demanding property with menaces—Threat of detriment—section 406 of the Criminal Code. Appellants demanded money from the complainant, with the threat that if the demand were not complied with the 1st appellant would commit suicide by hanging himself […]
Rex V. Effiong Edet Itah (1943) LJR-WACA
Rex V. Effiong Edet Itah (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Fraudulent false accounting—Evidence of intent to defraud–Seetion 438 of the Criminal Code. Facts The appellant was employed, by the Compagnie Francaise de L’Afrique Occidentale as a sales clerk. He was authorized to give ” dashes ” of goods […]
Rex V. Bang Weyeku (1943) LJR-WACA
Rex V. Bang Weyeku (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Evidence—Admissibility—Murder—Statement of toPaPefl .frcel .deceased in absence oy accused—Dying declaration—Res by victm gesta.High Court.Criminal Law—Verdict—Verdict based primarily on inadmissible eroidence:—Without such evidence same verdict not inevitable. Facts On a charge of murder the principal evidence against the accused was […]
Rex V. Asuquo Edem & Ors (1943) LJR-WACA
Rex V. Asuquo Edem & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Ldw—Procedure—Calling of fresh witness by Judge at close of evidence for defence—Question arising ” eximproviso “. Facts The appellants were charged with murder. It was alleged for the prosecution that the motive for the murder was the […]
Rex V. Aruna Lawani & Anor (1943) LJR-WACA
Rex V. Aruna Lawani & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Obtaining money by false pretences contra. section 419 of Criminal Code—evidence of false pretence—onus upon prosecution. Facts The complainant, a Transport Agent, was introduced by the 2nd appellant to the 1st appellant who offered to sell to […]
Rex V. Anya Ugwijogo & Ors (1943) LJR-WACA
Rex V. Anya Ugwijogo & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Evidence—Statement made by accused person to police officer—Inducement—” Judges’ Rules ” caution administered in native dialect. Facts The accused were convicted of murder. The trial Judge admitted in evidence statements made by each of the accused when […]
Rex V. Daniel Ajiyola & Ors (1943) LJR-WACA
Rex V. Daniel Ajiyola & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Evidence—Wife of co-accused not ccrmpeten4 witness for prosecution—Presumption of Christian marriage where husband and wife both sworn on bible. One of the witnesses called by the prosecution described herself as the wife of appellant’s co-accused. She was […]
Prince S. B. Godwin V. H. A. Paris & Anor (1943) LJR-WACA
Prince S. B. Godwin V. H. A. Paris & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Guarantee—Surety—Variation of conditions of advance—condition precedent to surety’s liability—variation detrimental to surety’s interests. Facts Appellants were executors of one Pratt, who was surety for an advance of money made by the plaintiff-respondent. The money […]
Peter Henry Schandorf & Anor V. Christian Mensah Holm & Anor (1943) LJR-WACA
Peter Henry Schandorf & Anor V. Christian Mensah Holm & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Will—Executors—Administration—Claim for payment of profits Appeal. fromjudgm entof trust estate and possession—Continuing charges—RequestDtvisional of of residue to Executors—Intestacy. Court.Practice and Procedure—Pleading—Non-joinder of parties—Action by two of several cestuis qui trustent—Claim against executors for […]
Otto George Gfeller V. The King (1942) LJR-WACA
Otto George Gfeller V. The King (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Facts The appellant, Otto George Gfeller, is et Swiss national. At Lagos, in July, .1941, he was tried by the Supreme Court of Nigeria on a charge framed under section 427 of the Criminal Code of Nigeria that […]