Rex V. Akpan Unwa Udo Ekpo (1938) LJR-WACA
Rex V. Akpan Unwa Udo Ekpo (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder, contra. sec. 319 Criminal Code—Offence committed in heat of clan affray, after appellant was wounded and in which deceased’s clan was the aggressor. Held : Facts warranted reduction of offence to manslaughter and verdict substituted accordingly. There […]
Rex V. A. T. Amponsah & Ors (1938) LJR-WACA
Rex V. A. T. Amponsah & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder—Murder or Manslaughter?—Mi.ulirection of Assessors—Substitution of Verdict under sec. 11 !Vest African Court of Appeal Ordinance. Held: The direction to the assessors not being sufficiently clear verdict substituted. The facts are sufficiently set out in the judgment. […]
Rex V. A. M. Animashaun & Anor (1938) LJR-WACA
Rex V. A. M. Animashaun & Anor (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Perjury contra. sec. 41 of Criminal Procedure Ordinance. The appellants were summarily convicted for perjury committed in the course of a civil action, and appealed. There is no need to set out the facts. C. N. S. […]
Rachel Edith Jones V. John Brown Nichols & Ors (1938) LJR-WACA
Rachel Edith Jones V. John Brown Nichols & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim by married woman as devisee and legatee under a will against Executors and Trustees thereof and her husband for execution of the trusts of such will, for administration. of the estate by the Court […]
Peter Kwakyi V. Kojo Bandoh (1938) LJR-WACA
Peter Kwakyi V. Kojo Bandoh (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for damages for malicious prosecution-onus not discharged. Facts The plaintiff and deffindant Isere in dispute over land and the dispute terminated in the former’s favour. Thereppon he entered the land and removed growing crops •contrtry to native. custom. […]
Osei Kojo V. Salvado Hurtado Solaz (1938) LJR-WACA
Osei Kojo V. Salvado Hurtado Solaz (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to Possession of land and for Damages for trexpass—No pleadings—Construction of Deed of A.q$ignmient—Oral evidence varying terms thereof admitted and Defendant successful at trial. Held Such evidence inadmissible and appeal allowed, but possibility of plaintiff having an […]
Ofoley Solomon & Ors. V. Alexander Mensah Allotey & Ors (1938) LJR-WACA
Ofoley Solomon & Ors. V. Alexander Mensah Allotey & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Declaration of title to real properties devised by Will—Family properties—Injunction—Head of Family.Issues (1) Is the present plaintiff the head of the family and therefore entitled to maintain action?(2) Are the properties devised in the […]
Offiong Egbo Archibong Bassey & Ors. V. Chief Ntoe Eteta & Ors (1938) LJR-WACA
Offiong Egbo Archibong Bassey & Ors. V. Chief Ntoe Eteta & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Land—Grant under Native Customary Law—Subsequent leases by grantor to European firms—Claim by grantees to share of rents. Facts Plaintiffs, alleging that they were the grantees under Native Customary Law of certain lands […]
O. W. J. Grozmann V. John Buada & Ors. (1938) LJR-WACA
O. W. J. Grozmann V. John Buada & Ors. (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Application to set aside an Order made ex-parte to draw money out Divisional of Court.CourtSale under Fi Fa—Legal estate together with equity of redemption sold—irregularity in notice of sale. Held: Whole property was intended to […]
Nchirahene Kojo Ado V. Buoyemhene Kwadwo Wusu (1938) LJR-WACA
Nchirahene Kojo Ado V. Buoyemhene Kwadwo Wusu (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Title to Land—Native Law and Custom not to over-ride Equity—The test applicable. Held: Following the Boketsi case (Renner Reports 239-243) Quassi Bayaidee v. Quarmina Mensah (Renner Reports 45) and Kodwo Nkomo’ v. Kwamin Etsiaku (1922) F.C. ’22, […]