Judgements

Division: IN THE HIGH COURT (LANDS DIVISION), CAPE COAST Date: 31ST JANUARY, 1959 Before: ADUMUA-BOSSMAN J. JUDGEMENT OF ADUMUA-BOSSMAN J. (His lordship set out the history of the matter, and proceeded):—It is clear that the trial-Court proceeded upon a complete misconception as to the identity of the family to which the properties belonged, and which […]

Division: IN THE COURT OF APPEAL Date: 23RD MARCH, 1959 Before: KORSAH C.J., VAN LARE J.A. AND OLLENNU J.   ARGUMENT OF COUNSEL Mrs. Mark for appellant argued the native court decision on its merits, and thereafter submitted that the Forests (Amendment) Ordinance, 1954 did not come into force till the 27th November, 1954. Prior

Division: IN THE HIGH COURT (LANDS DIVISION), ACCRA Date: 25TH MARCH, 1959. Before: OLLENNU J. CASES REFERRED TO (1) Anane v. Mensah (p. 50 of this volume); (2) Baidoo v. Osei & anor. (unreported); (3) Ohimen v. Adjei & anor. (2 W.A.L.R 275); (4) Thompson v. Mensah (unreported); (5) Wutor v. Gyebi (unreported); (6) Ashiemoa

Division: IN THE HIGH COURT, SEKONDI Date: 16TH FEBRUARY, 1959. Before: SARKODEE-ADDO J. JUDGMENT OF SARKODEE-ADOO J. (His lordship stated the facts, and proceeded:-) The question for consideration is: In what circumstances ought leave be given to a spouse to present to the Court a petition for divorce within three years of the marriage? By

Division: IN THE HIGH COURT, KUMASI Date: 20TH MARCH, 1959. Before: MURPHY J. Judicial proceedings—Objection taken by accused to panel member—Alleged slander by objector—Civil action by panel member contrary to “justice, equity and good conscience.” HEADNOTES Kwadwo Dei was one of the accused persons in a certain case before the Mampong Native Court. Kofi Pong

Division: IN THE COURT OF APPEAL Date: 10TH NOVEMBER, 1959. Before: KORSAH C.J., VAN LARE J.A. AND GRANVILLE SHARP J.A. ARGUMENT OF COUNSEL Ampaw for plaintiff (appellant). Upon instructions, on the 27th December, 1958 I filed summons for directions, and the hearing of that summons was fixed for the 19th January. On the latter date

Division: IN THE HIGH COURT (LANDS DIVISION), ACCRA Date: 20TH NOVEMBER, 1959 Before: OLLENNU J. COUNSEL Plaintiff (Kano) in person. de Graft Johnson for defendant (Atakpla). JUDGMENT OF OLLENNU J. (His lordship reviewed the history of the matter, and continued:— The Native Court gave judgment on the 11th March, 1958, in the first action (Atakpla

Division: IN THE COURT OF APPEAL Date: 3RD FEBRUARY, 1959. Before: VAN LARE AG. C.J., GRANVILLE SHARP J.A. AND OLLENNU J. ARGUMENT OF COUNSEL Prempeh, for respondent, called on to justify the judgment reversing concurrent findings of fact. The first native court wrongly rejected admissible evidence. Admittedly the evidence given by a certain witness in

Division: IN THE HIGH COURT, ACCRA Date: 10TH JANUARY, 1959. Before: SMITH J. In re THE PREVENTIVE DETENTION ACT, 1958 AND In re OKINE & ORS. AND IN RE APPLICATION FOR A WRIT OF HABEAS CORPUS SUBJICIENDUM CASES REFERRED TO (1) Progressive Supply Co. Ltd. v. Dalton ([1943] Ch. 54); (2) Land Realization Co. Ltd.

IN THE HIGH COURT, ACCRA 22ND DECEMBER, 1959. OLLENNU J. IN RE A COMPLAINT TO POLICE BY BOTWE & MENSAH AND IN RE AN APPLICATION FOR MANDAMUS Held: (1) that there is no imperative duty upon a police officer to bring every person arrested without warrant before a Magistrate’s Court on a charge; (2) that