1961

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    THE STATE v. ADDAE

  • Year:1961
  • Criminal law and procedure-Mental condition of accused in issue-Whether medical evidence should be unanimous for jury to act upon it....
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    THE STATE v. AMANKWA

  • Year:1961
  • Criminal law-Forgery-Intent to defraud-Causing someone to falsify-Whether that person should be treated as an accomplice....
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    OMENYO v. POKU AND ANOTHER

  • Year:1961
  • Practice-Local court refuses application for adjournment-Whether discretion exercised judicially.High Court-Jurisdiction to hear an appeal after the 1st July, 1960, in...
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    LARTEY v. HAUSA

  • Year:1961
  • Customary law-Long possession never ripens into ownership. Estoppel-Acquiescence-Matters amounting to acquiescence. Land law-Purchaser-Land Development (Protection of Purchasers) Act, 1960, (Act...
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    APPIAH v. BASIL

  • Year:1961
  • Mortgage of leasehold land-Indenture-Builder to erect buildings in return for half of land-Lease surrendered-Plot divided between original lessee and builder-Mortgage...
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    ASARE v. GOMADO

  • Year:1961
  • Libel-Allegation that regional commissioner interfered with case in local court and with police investigations into theft charge Libel-Defences of justification,...
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    AMEKO v. AGBO AND ANOTHER

  • Year:1961
  • Local courts-Jurisdiction in land cases-Value of land stated in claim as G50 and in counterclaim as G500-Whether plaintiff entitled to...
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    KWAKYE v. TUBA AND OTHERS

  • Year:1961
  • Customary law-Constitution of a family meeting to appoint successor.Customary law-Succession to the estate of a Mohammedan-Application of Mohammedan law-Marriage of...
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    THE STATE v. OHENE-KESSON AND MENSAH

  • Year:1961
  • Criminal law-Abortion-Necessity for corroborative evidence confirming evidence by prosecutrix-Whether medical evidence affords sufficient corroboration.Criminal law and procedure-Conspiracy-Whether joinder of charge...
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    TSOME v. GALE AND ANOTHER

  • Year:1961
  • Evidence-Traditional evidence-Person who gives traditional evidence must be competent to give it.Practice-Inspection of locus in quo-Witness at inspection must be...
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    COBBLAH v. OKRAKU

  • Year:1961
  • Estoppel-Estoppel per rem judicatam-Subject-matter in judgment relied on must be identical with subject-matter in dispute.Estoppel-Previous judgment affecting same land will...
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    SOLOMON v. KUMASSAH AND ANOTHER

  • Year:1961
  • Fatal accidents-Claim by sister-administratrix for self and other dependants-Whether sister entitled to damages-Law Reform (Civil Wrongs) Act 1959 (No. 12/1959)...
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    ABRAHAMS v. AKWEI

  • Year:1961
  • Estoppel-Estoppel by conduct-Grantor standing by in a previous case involving title of his grantee.Evidence-Circumstances in which proceedings in previous case...
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    BOATENG v. NTIM AND OTHERS

  • Year:1961
  • Customary law-Sale of land-Whether failure to perform guaha necessarily invalidates sale-Absence of concurrence to sale of local council-Local Government Ordinance,...
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    THE STATE v. AFENUVOR

  • Year:1961
  • Criminal law and procedureBurden of proof resting on prosecutionBurden of proof resting on defenceAdequacy of summing-upUse of such phrases as...
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    THE STATE v. HAGAN

  • Year:1961
  • Criminal law-Stealing-Whether general deficiency in account or specific act of stealing-Criminal Code, Cap. 9 (1951 Rev.) s. 288 (1)....
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    THE STATE v. AYI GRUNSHIE

  • Year:1961
  • Criminal law and procedure-Homicide-Manslaughter-Requirements necessary for plea of provocation by assault-Criminal Code, Cap. 9 (1951 Rev.) s. 251 (1)....
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    THE STATE v. J. A. BOATENG

  • Year:1961
  • Criminal law-Practice and procedure-Whether question of accomplice vel non is a matter for the judge or the jury.Criminal law-Accomplices-Definition of.Criminal...
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    AFARI v. NYAME

  • Year:1961
  • Execution-Title of purchaser.Practice-Person who fails to interplead is not precluded from suing substantively for declaration of title....
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    AUGUSTT v. ARYEE

  • Year:1961
  • Practice-Local courts-Representation-Duty of representative as regards giving evidence.Succession-Succession among the Ga Adamgbe tribes of Ghana.Customary law-Head of immediate family of...
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    GYASI v. NTEM AND ANOTHER

  • Year:1961
  • Mortgages-Adopting a mortgage by conduct-Member of family wrongfully mortgages family property-Family later becomes aware of mortgage, pays part of the...
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    YAOTEY v. QUAYE

  • Year:1961
  • Succession-Persons entitled to share in the estate under the Marriage Ordinance, Cap.127 (1951 Rev.), s. 48. Family law-Legitimacy of children....
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    NKONNUA v. ANAAFI

  • Year:1961
  • Customary law-Pre-enstoolment declaration of private property-Family property improved by stool occupant during office-Whether property becomes stool property....
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    ADARKWA v. NKRUMAH

  • Year:1961
  • Arbitration-All rights merge in the arbitration award-A party can only sue to enforce the award; he cannot rely on original...
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    TANDOH v. ADU

  • Year:1961
  • False imprisonment-Plaintiff arrested by police as a result of a deliberately false complaint by defendant.Practice-Failure to allege in statement of...
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    BROWN v. DARKO AND ANOTHER

  • Year:1961
  • Probate and administration-Whether executors obliged to execute a conveyance, in favour of a devisee-Whether the Administration of Estates Act, 1961...
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    RE: AKOTO AND 7 OTHERS

  • Year:1961
  • Habeas Corpus-Appeal against refusal-Whether formal return necessary-Whether court required to enquire into truth of grounds of detention-Allegations of malice by...
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    KWESI YAW v. KWAW ATTA

  • Year:1961
  • Evidence-Proving title to land by traditional evidence-Testing traditional evidence.Estoppel-Judgment admitted in evidence but not specifically pleaded as estoppel per rem...
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    WUTA-OFEI v. DANQUAH

  • Year:1961
  • Land-Trespass-Proof of possession of vacant land-Evidence of intention to retain possession-Whether active steps in relation to the land necessary....
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    AQUAH v. COFIE

  • Year:1961
  • Land law-Action for declaration of title-Onus of proof-Plaintiff and defendant claim through separate grantors-Failure of plaintiff to establish title of...
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    AKRASHI II v. OFORI ATTA

  • Year:1961
  • Practice-Procedure by originating summons-Whether an applicant need have a cause of action-Supreme [High] Court (Civil Procedure) Rules 1954, Order 54A,...
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    EBOE v. EBOE

  • Year:1961
  • Practice-Stay of execution pending appeal-Judgment declaring defendant a trustee for plaintiff of shares in business concern, ordering accounts and for...
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    ANSAH AND ANOTHER v. JOE AND ANOTHER

  • Year:1961
  • Wills-Claim by beneficiary under will-Allegation by defendants that will disregarded with acquiescence of plaintiffs-Whether will suppressed.Administration of estates-Letters of administration...
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    PREMPEH v. ADO

  • Year:1961
  • Native courts-Consolidation of cases-Whether an order to try two cases together is tantamount to consolidating them....
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    TAYLOR v. DAVIS

  • Year:1961
  • Accounts-Referee appointed by the Court-Whether referee exceeded terms of reference- Whether findings of referee should be accepted although no evidence...
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    MENSAH v. AMAGYEI AND OTHERS

  • Year:1961
  • Tort-Compensation for destruction of cocoa farm in course of establishing a new township-Whether townsmen generally agreed not to claim compensation-Whether...
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    DUEDU v. YIBOE

  • Year:1961
  • Estoppel-Res judicata-Ownership of land-Judgement for defendant-No counterclaim for declaration of title-Subsequent action by defendant for declaration of title founded entirely...
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    EBOE v. EBOE

  • Year:1961
  • Agency-Defendant given general powers to manage plaintiff's banking account and shops at his discretion-Whether agency of a fiduciary nature-Defendant sells...
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    THE STATE v. KOFI ADABO

  • Year:1961
  • Criminal law-Practice and procedure-Technical error in the charge-Criminal Procedure Code, 1960, (Act 30) s. 406 (1) (a)-Courts Act, 1960 (C.A....
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    MENSAH v. AHODJO

  • Year:1961
  • Practice-Action commenced in court with appropriate jurisdiction-Jurisdiction taken away by subsequent legislation-Saving clause in later legislation that pending causes "shall...
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    QUAGRAINE v. DAVIES

  • Year:1961
  • Practice and procedure-Whether appeal brought timeously-Ruling by judge "dismissing" review-Whether ruling constituted an order on the re-hearing-Supreme [High] Court (Civil...
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    ADDAI v. BONSU

  • Year:1961
  • Customary law-Land-Sale of usufructuary interest with knowledge and consent of overlord-Whether caretaker for and on behalf of overlord can object...
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    EKU ALIAS CONDUA III v. ACQUAAH

  • Year:1961
  • Certiorari-Application for enlargement of time in which to apply for certiorari-Failure to object to jurisdiction timeously-Supreme [High) Court (Civil Procedure)...
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    KWAKU v. AMPOFOWAA

  • Year:1961
  • Customary law-Land-Declaration of title-Burden of proof. Jurisdiction of Land Court-Whether entitled to order that disputed property be divided between the...
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    NYAME v. YEBOAH

  • Year:1961
  • Customary law-Title to land-Alleged arbitration-Whether "arbitrator" entitled to fix arbitrary boundaries between the parties-Customary right to extend boundary of land...
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    ASAMOAH v. OFORI ALIAS RENNER

  • Year:1961
  • Administration of estates-Action by customary successor to revoke letters of administration-Persons entitled to a grant-Effect of grant of letters-Duties of...
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    BEDZRA v. AGBADZE

  • Year:1961
  • Practice and procedure-Mandamus-Transfer of suit pending in native court to High Court-Judgment already delivered by different native court-Whether transfer ineffective....
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    THE STATE v. KWAKU BRENYAH

  • Year:1961
  • Criminal law-Practice and procedure-Compellability of witnesses-Accused married according to customary law-Whether wife of accused competent and compellable witness-Criminal Procedure Code,...
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    WUO v. KWARKU

  • Year:1961
  • Estoppel-Action for declaration of title to land-Plaintiff gave evidence for her brother's successor in title in previous litigation over same...
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    NSUTA V. MENSAH & ORS

  • Year:1961
  • Customary law-Land-Agreement between plaintiff and family whereby plaintiff surrendered his title to disputed property-Family agreed to repay purchase [p.233] price...
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    THE STATE v. TENE DAGARTI

  • Year:1961
  • Criminal law-Murder-Justification in use of force-Provocation-Intent-Objective test-Voluntarily causing grievous bodily harm resulting in death-Criminal Code, Cap. 9, (1951 Rev.), ss....
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    POKU v. ADDAI

  • Year:1961
  • Practice and procedure Appeals from local courts Power of High Court to extend time in which to file notice of...
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    ASARE v. ANTWI

  • Year:1961
  • Local courts-Jurisdiction in claims for accounts.Local courts-Jurisdiction in land causes-Land bought from purchaser at public auction-Whether law applicable is customary...
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    AKWEI v. AKWEI

  • Year:1961
  • Practice-Vacating judgment by consent.Practice-Review-Whether a stranger to a judgment can apply for a review-Supreme [High] Court (Civil Procedure) Rules, 1954...
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    ADJEI III v. ADJEDU II

  • Year:1961
  • Estoppel-Res judicata-Dispute over stool land boundaries-Whether judgment not given on a question of ownership operates as estoppel in subsequent dispute...
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    NKANSAH II v. YIADOM III

  • Year:1961
  • Estoppel-Respondent joined as defendant in 1940 action for declaration of title to land-No evidence of dispute between respondent and plaintiff-Failure...
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    AKELE v. COFIE

  • Year:1961
  • Practice and procedure-Reference by High Court of a point of customary law to local court-Proceedings in local court beyond terms...
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    ALIFO AND THE v. AMEDZA

  • Year:1961
  • Customary law-Tenancy of cocoa farms-Tenants ejected by landlord-Landlord in possession for six years-Whether ejection wrongful-Accounts....
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    DJOMOA v. AMARGYEI

  • Year:1961
  • Concessions-Outright sale of stool land evidenced by document and confirmed by paramount chief-Purchaser's title not challenged by vendor's successors-Stool vendor...
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    BASSIL v. RAAD

  • Year:1961
  • Cheque-Unpresented on drawer's advice-Whether drawee entitled to sue on it-Bills of Exchange Ordinance, Cap. 195, (1951 Rev.), ss.45, 46 and...
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    COLEMAN v. SHANG

  • Year:1961
  • Administration of estates-Grant of letters of administration-Issue of Ordinance marriage-Widow of marriage according to customary law-Conditions precedent to application of...
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    ARMAH AND OTHERS v. THE STATE

  • Year:1961
  • Criminal law-Practice and Procedure-Trial with assessors-Powers and duties of trial judge on close of case for prosecution-Failure of justice occasioned...
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    OKOE v. ANKRAH

  • Year:1961
  • Customary law-Succession-Meaning of "family" for the purposes of succession-Persons entitled to appoint successor....
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    FRANS v. GRANT

  • Year:1961
  • Contract-Sale of plaintiff's house by auction-Certificate of purchase to defendant-Agreement to refund G10 to plaintiff on defendant entering into possession-Whether...
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    ASSEH v. ANTO

  • Year:1961
  • Customary law-Land-Usufructuary interest-Whether transferable-Distinction between title simpliciter and possessory title-Gift inter vivos-Whether maxim quicquid plantatur solo solo cedit known to...
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    IDDI DAGOMBA v. THE STATE

  • Year:1961
  • HomicideProvocationWhether accused had time to cool downWhether deprived of power of self-controlCriminal Code, Cap. 9 (1951 Rev.) ss. 251.252....
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    DADZIE AND BOATENG v. KOKOFU

  • Year:1961
  • Customary law-Whether transaction a sale or pledge-Duration of pledge-Duty of pledgee.Contract-Illiteracy of party to document-Value of evidence of sole witness...
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    GYAMBIBY v. GYAMBIBY

  • Year:1961
  • Native courts-Practice and procedure-Application to set aside judgment of native appeal court-Whether judgment ex parte-Native Courts (Colony) Ordinance, Cap. 98...
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    CARBOO v. CARBOO

  • Year:1961
  • Customary law-Succession-Ningo (Ga-Adangbe) tribe-Persons entitled to grant of letters of administration....
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    ADJUAH ATTAH v. ABBAH ATTAH

  • Year:1961
  • Practice-Discontinuing an action in the native court without reserving liberty to institute a fresh action-Whether such discontinuance is a bar...
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    DANAWI & SONS v. DAKO

  • Year:1961
  • Practice-Certiorari-Application made out of time-Power to enlarge time for application-Supreme [High] Court (Civil Procedure) Rules 1954, Order 59, r. 3...
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    MENSAH AND ANKRAH v. THE STATE

  • Year:1961
  • Criminal procedure-Trial with assessors-Failure of judge to give reasoned judgment-Duties of trial judge-Criminal Procedure Code, Cap. 10 (1951 Rev.) s.300....
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    OKYERE v. BOYE ADJEI

  • Year:1961
  • Evidence-Admissibility of sworn testimony in another suit.Customary law-Stool property distinguished from stool family property-Alienation of "communal property"....