1959

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    R v. FRAFRA

  • Year:1959
  • Homicide-Criminal insanity-distinction between Ghana law and English law-Schizophrenia-Insane delusion-Guilty but insane....
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    R v. OBODDAE

  • Year:1959
  • Homicide-Misreception of wife's evidence-Presumption as to nature of marriage in absence of evidence-Application of sec. 10(1) of...

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    BUDU II v. CAESAR & OTHERS

  • Year:1959
  • Land-Essential characteristics of an arbitration-Private owner not estopped by having stood by when Stool wrongfully declared his land as Stool...
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    COLEMAN v. SHANG

  • Year:1959
  • Joinder-Lateness of joinder-Non-service of newly-Joined defendant.Intestacy-Limited effects of Marriage Ordinance on person subject to customary law-In re Otoo wrongly decided-Freedom...
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    KANO v. ATAKPLA

  • Year:1959
  • Land-Customary law's prohibition of ejectment of grantee otherwise than on agreed terms-Sole exception to this....
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    R. v. SARPONG

  • Year:1959
  • Criminal procedure-Trial with assessors-judge's omission to write judgment-Conviction vitiated....
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    R v. ADADE

  • Year:1959
  • Criminal procedure-Trial with assessors-Judge's omission to write judgment-Conviction vitiated...
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    ASUMAH v. KHAIR

  • Year:1959
  • Marriage-Methods of marrying in customary law-Unmarried girl's pregnancy-Marriage to putative father-Husband's choice of remedies for adultery-Marriage to co-adulterer-Formal break-up of...
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    RANDOLPH v. CAPTAN & ANOTHER

  • Year:1959
  • Res judicata-Allegation that judgment pleaded was obtained by fraud-Plaintiff may so plead-Absence from pleadings of full particulars of alleged fraud...
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    R. v. ATTA

  • Year:1959
  • Homicide-Provocation-"an ordinary person of the community to which the accused belongs"-Considerations to be examined in judicial summing-up....
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    R. v. MOSHIE

  • Year:1959
  • Homicide-Accused runs amok-Living in a world of his own-Proper interpretation of sec. 52(2) of the Criminal Code-Guilty but insane....
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    R v. KWADWO MENSAH

  • Year:1959
  • Homicide-Defence of insanity-Expert evidence-Insanity a fact to be determined by jury-Misdirection-Evidence to be viewed as a whole....
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    R. v. GRUMAH

  • Year:1959
  • Murder-"guilty but insane"-Misdirection by non-direction on temporary insanity-Deceptiveness of lucid interval....
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    R. v. JACOB K. MENSAH

  • Year:1959
  • Forgery of will-Mens rea-No criminal aiding and abetting by procurer of "forgery" where the "forger" acts in good faith....
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    R. v. KONKOMBA & ANOR.

  • Year:1959
  • Homicide-Provocation-Assault of accused's child to be provocative must be in the view or presence of the accused-Time for recovery of...
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    R v. BASARE

  • Year:1959
  • Murder-Gunshot wounds-Inadequacy of hospital treatment no defence to killer unless itself criminal....
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    R v. BUSANGA

  • Year:1959
  • Muder-Inadequacy of uncorroborated evidence of unsworn and unaffirmed witness of tender years. ...
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    BRUCE v. QUARNOR & OTHERS

  • Year:1959
  • Land-Grantor's duty to defend if grantee's title challenged-Inability of subsequent deed to detract from grant already made by customary law-Subject's...
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    R v. FRIMPONG

  • Year:1959
  • Libel-Publication-Unauthorised interception by third party of libel on addressee-Unauthorised interception of libel on another than addressee....
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    KWAMI v. QUAYNOR

  • Year:1959
  • Trespass-Authority for granting Osu Stool lands-Authority for granting Quarter Stool lands in Osu-Authority for granting unalienated "outskirt"...

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    NKYI XI v. KUMAH (BEDU SUBST.)

  • Year:1959
  • Trespass-Right of possession-Effect of defence of ownership-Effect of claim for injunction-Amendment of claim in Court of Appeal-Admission of additional exhibit...
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    SACKEY v. FATTAL

  • Year:1959
  • At the hearing of the appeal, argument turned largely on conclusions properly to be drawn from the evidence, but counsel...
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    NETTEY v. ODJIDJA & ANOR.

  • Year:1959
  • Trespass to land-Estoppel by inactivity in another's litigation-Test of culpable inactivity-Onus of proof of right to possession where ownership proved....
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    SARPONG v. YENTUMI & ANOTHER

  • Year:1959
  • Criteria as between succession case and land case-Presumption that plaintiff's capacity, if evidence thereof unchallenged by defendant, is admitted by...
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    NYAME v. YEBOAH

  • Year:1959
  • Arbitration award-Implementation need not be by arbitrators-If parties appoint an arbitrator as to identity because of his personal knowledge, evidence...
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    ANI & OTHERS v. AMOH

  • Year:1959
  • Trespass-Apportionment of land between co-purchasers-Effect of four years delay in raising objections to apportionment-Non-fatal misdirection in Court below-Equity and natural...
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    COMMISSIONER OF POLICE v. DIMBIE

  • Year:1959
  • Stealing-Personal cheques cashed by Treasurer of District Council for Chairman-Cheques not met-Knowledge by payor that cheques would be dishonoured-Evidence requisite...
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    REGINA v. OJOJO

  • Year:1959
  • Homicide-Confession to killing-Alternative defences of provocation and self-defence-Trial-Judge's failure to put to jury accused's defences-Judge's misdirection that the confession admitted...
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    GYIMAH v. KUMAH

  • Year:1959
  • Slavery-Presumption that slave worked in master's interest-Illegality of custom relation to succession based on slavery-Estoppel by document unjust in face...
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    MAJOLAGBE v. LARBI & ORS.

  • Year:1959
  • Proof requisite in trespass-Proof requisite for injunction-Nature and method of proof-Vendor's position in action for title by or against his...
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    SACKEY v. FATTAL

  • Year:1959
  • Sale of goods-Agency-Ghana agent of Japanese manufacturer-Liability of agent for breach of contract-Rights of buyer, and quantum of damages, where...
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    WARE v. OFORI-ATTA & OTHERS

  • Year:1959
  • Invalidity of Act of Parliament-Invalidity of Minister's Order-Requirements of Order in Council not complied with by Mr. Speaker-The chiefly status...
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    DONKOR v. DANSO

  • Year:1959
  • Stool land-Subject's usufructuary title-Outskirt land-Kwahu custom-Infringement of natural justice, equity and good conscience-Infringement of decisions of Supreme Court....
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    APAU II v. DWUMAA III

  • Year:1959
  • Boundary, Land, Tribute and Fishery Disputes (Executive Decisions Validation) Ordinance-Validated judgment's omission to prescribe which of the parties should erect...
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    ASHIEMOA v BANI AND ANOTHER

  • Year:1959
  • Trespass-Declaration of Title-Land developing into outskirt land-Restriction on Stool's right of interference with subject's land-Ascertainment of native customary law-Proper order...
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    DEI v. PONG

  • Year:1959
  • Judicial proceedings-Objection taken by accused to panel member-Alleged slander by objector-Civil action by panel member contrary to "justice, equity and...
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    ADJABENG v. KWABLA

  • Year:1959
  • Practice-Wrongful exercise of court's discretion in refusing adjournment notwithstanding medical certificate.Land-Purchaser's son assisting father with part of purchase price-Son does...
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    SETSE v. SETSE

  • Year:1959
  • Marriage-Petition for restitution of conjugal rights-Parties not married under the Marriage Ordinance-No jurisdiction....
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    ALAGBADE v. AKYEAMPONG

  • Year:1959
  • Money-Lenders Ordinance, secs. 12(1), 13, 26(1)-Loans Recovery Ordinance, sec. 3(1)-Excessive interest-Failure to supply borrower with copy of memorandum-False statement of...
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    BAKU v. DAKU & OTHERS

  • Year:1959
  • Illegal "sale" of farm in "Togoland"-Recklessness of "purchaser" in not verifying title-Equity not to be invoked-Right of owner to possession...
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    KWAN v. NYIENI & ANOR

  • Year:1959
  • Family land-Proper person to institute suit for recovery-Three exceptions to general rule-Nullity of conveyance, mortgage or lease by head of...
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    TSRIFO v. DUA VIII

  • Year:1959
  • Boundaries between Stools-Corroborated and uncorroborated version-Appellate Court as competent to draw inferences as trial-Court....
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    COUSSEY v. COUSSEY

  • Year:1959
  • Divorce-Application for leave to present petition within three years of marriage reasonable probability of reconciliation as criterion-Matrimonial Causes Act, 1950,...
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    BOOHENE v. OFEI

  • Year:1959
  • Trespass-Misdirection by Native Appeal Court-Non-inclusion in proceedings of record of inspection of locus by trial-Court-Proper procedure on inspection-Improper for member...
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    QUARSHIE v. ARYEETEY

  • Year:1959
  • Deceased's estate-Mother's right of succession in Accra and the Akan States-Mother's right to headship of family in Accra and the...
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    KANNIN v. KUMAH & ORS.

  • Year:1959
  • Claim to premises-No counter-Claim by defendants-Declaratory order in favour of defendants bad-Admissibility of evidence in native court....
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    KWADJO v. TAIBIL AND ANOR

  • Year:1959
  • Stool Lands Boundary dispute-No power in Judge to stay proceedings in absence of an Order by the Governor-General-in-Council-No power to...
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    ANANE v. MENSAH

  • Year:1959
  • Native custom-Forest land adjacent to farm-Custom of the Nkawie Stool-Opinion of superior native court on native custom prevails over that...
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    ENNIN v. PRAH

  • Year:1959
  • "Immediate family" defined-Immediate family's exclusive rights to deceased's property-Absence of member abroad does not vitiate sales made in his absence-Claims...
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    LARBI v. CATO & ANOR

  • Year:1959
  • Family property-House built on self-Acquired land-What amount of family-Help is necessary to make the house family-Property....
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    BOSUMPIM v. BUACHIE

  • Year:1959
  • Order 60, Rule 21(2)-Proper form of Order declaratory only-No power to grant Letters of Administration-Successful party may not desire them....
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    REGINA v. ZONYRA & ORS

  • Year:1959
  • Arson of "dwelling house"-Arson of "building"-Substitution of minor for major conviction-Pre-requisites of charge of conspiracy-Mere presence not necessarily inculpatory-insufficiently analytical...
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    AMAH v. KAIFIO

  • Year:1959
  • Family property-Plaintiff not head of family-Implied authority of family to sue-Onus of proof of issues after pleadings....
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    NSIAH v. ASARE & ORS

  • Year:1959
  • Public Lands Ordinance-Compensation for compulsory acquisition-Rival claimants to compensation-No jurisdiction in Native Court-Exclusive jurisdiction in Land Court-Commissioner of Lands' exclusive...
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    AMPOFO v. POKU

  • Year:1959
  • Order 60, Rule 21(2)-Proper form of Order Declaratory only-No power to grant Letters of Administration....
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    SASRAKU v. DAVID & OTHERS

  • Year:1959
  • Stool land in Ashanti-Possibility of sale-possibility of change in native customary law-Evidentiary value of documents not valid under Concessions Ordinance-Nature...
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    IN RE OKINE & ORS

  • Year:1959
  • In re THE PREVENTIVE DETENTION ACT, 1958ANDIn re OKINE ORS.ANDIN RE APPLICATION FOR A WRIT OF HABEAS CORPUS SUBJICIENDUMHabeas...