Sowartey Tagoe & Ors V. Theophilus Kwablah Otibo & Anor (1940) LJR-WACA
Sowartey Tagoe & Ors V. Theophilus Kwablah Otibo & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Case stated on the question of a claimant’s remedy after previous striking • out of an interpleader action—question of a fresh action considered. Held : The remedy of the Claimant after his first action […]
The Stool Of Oyoko Per Oyokohene Nana Ko Jo Agyekum & Anor V. Obaa Panin Yaa Mainoo & Anor (1940) LJR-WACA
The Stool Of Oyoko Per Oyokohene Nana Ko Jo Agyekum & Anor V. Obaa Panin Yaa Mainoo & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for damages for trespass and declaration of ownership—interpretation of an executive decision—Appeal dismissed. Held : The Chief Commissioner rightly interpreted the executive decision . […]
Gyasehene Sanahene Kwame Santeng Per Odehyee Yaw Ohemeng V. Kwasi Darkwa & Ors (1940) LJR-WACA
Gyasehene Sanahene Kwame Santeng Per Odehyee Yaw Ohemeng V. Kwasi Darkwa & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Action by Successor of a deceased—Deceased son of a slave girl– Preservation of slave’s rights after abolition of slavery—Ownership of a house built on ruins of a family house—Appeatallowed in respect […]
Richardson Per Chief Thomas W. Richardson V. Thomas Eshun Alias Kwa Ifeanyi (1940) LJR-WACA
Richardson Per Chief Thomas W. Richardson V. Thomas Eshun Alias Kwa Ifeanyi (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from a judgment of Provincial Commissioner setting aside award of Paramount Trauma’ of the Agona State—proceedings in both lower Courts unsatisfactoriy–Constitution of Commis. slogger’ s Court altered during hearing–case sent back […]
Rex V. Emmanuel Agbale Worentutu (1940) LJR-WACA
Rex V. Emmanuel Agbale Worentutu (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Extortion con. section 394 of Cap. 9—Wrongful use of term ” corruption ” does not justify allowing the appeal. Held : Although the word ” Corruption ” was wrongfully used instead of ” Extortion,” no failure of justice was […]
Rex V. I. T. A. Wallace Johnson (1940) LJR-WACA
Rex V. I. T. A. Wallace Johnson (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal libel—Proof required. HELD : It is not incumbent upon the prosecution to prove that a libel is calculated to provoke a breach of the peace it is sufficient if it is calculated to vilify a man […]
Rex V. Salami Adebesin & Anor (1940) LJR-WACA
Rex V. Salami Adebesin & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Burglary con. 411 (1) C.C. and Stealing con. 390 (4) (b) C.C. and Robbery con. sec. 402 C.C. Sentences increased on appeal against sentence. The following joint judgment was delivered. KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND […]
Rex V. William Oledima (1940) LJR-WACA
Rex V. William Oledima (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Manslaughter con. 325 C.C.—no certainty as to cause of death—Appeal allowed. Held : It is not sufficient to prove that the act of the accused person could have caused death. As the possibility that death may have been due to […]
Rex V. A. E. Ofoni (1940) LJR-WACA
Rex V. A. E. Ofoni (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Stealing by clerk or servant contra section 390 (6) of Criminal Code- App from General deficiency in cash-Obtaining property by false pretences in High contra sec. 419 of Criminal Code-Evidence of intent to defraud Court. furnished by accused person-Fraudulent […]
Rex V. Michael Nweze (1940) LJR-WACA
Rex V. Michael Nweze (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Opinion expressed that it is a wise precaution to postpone taking action under section 41 of the Criminal Procedure Ordinance until after the close of the case under trial. Where action is taken before the close, the Appeal Court will […]