COURTS cont. Supreme Court jurisdiction civil jurisdiction-grant of letters of administration-court may grant letters to one native of Protectorate in respect of another's estate if property within its jurisdiction and not native court's: In re Soloku (Dcd.) (S.C.) inherent jurisdiction-court has inherent jurisdiction to stay action which must fail-jurisdiction exercised only with great circumspection: Palmer v. Stooke (W.A.C.A.) inherent jurisdiction-court has inherent jurisdiction to strike out, stay and dismiss action which must fail-frivolous and vexatious action may be affected in part or as whole-court may consider pleadings and any other allegations or admissions: Palmer v. Stooke (S.C.) West African Court of Appeal amendment of grounds of appeal-further ground may be considered without amendment if justice of case warrants it-respondent must have sufficient opportunity of contesting point: Bandoe v. Jacob (W.A.C.A.) appeals leave to appeal to Privy Council-West African Court of Appeal cannot grant leave in criminal cases: Metzger v. R. (W.A.C.A.) CRIMINAL LAW Adultery. See Provocation Conspiracy. See Degrees of complicity Defences. See Drunkenness. Insanity. Mistake. Provocation conspiracy-conspiracy to accuse of crime-accusation must be false to Drunkenness 8 325 284 406 87 428 relevant to intent-when drunkenness may be defence: Wreh (or Dee) 153 Fangay, practice of. See Homicide. Witchcraft Homicide Libel evidence-dying declarations-admissible to show cause of death and identify person responsible: Kamara (or Susu) v. R. (W.A.C.A.) killing by fetish-not punishable under Fangay Ordinance (cap. 78) but only as homicide if elements of offence proved: Marke v. Johnson (S.C.) 309 346 Insanity act done in state of intoxication-insanity may result from drunkenness even though temporary: Wreh (or Dee) v. R. (W.A.C.A.) ... 153 justification burden on accused to prove truth of defamatory statement and public benefit from publication: Richards v. R. (W.A.C.A.)... 437 plea amounts to admission of defamatory nature of matter charged: Richards v. R. (W.A.C.A.) Malice. See Mistake or ignorance Manslaughter. See Provocation Mens rea. See Mistake or ignorance. Mistake or ignorance Murder mistake of law-citizen misled by Government_officer into believing acting legally-material to prosecution of offence requiring knowledge and to sentence: In re Hamilton (S.C.) 437 179 transferred malice-mistake no defence where death of one person caused by unlawful blow intended for another: Dogbowu v. R. (Ŵ.A.C.A.) 232 Murder mens rea-transferred malice-murder where death of one person caused by unlawful blow intended for another: Dogbowu v. R. (W.A.C.A.) 232 CRIMINAL LAW cont. Witchcraft adultery-only witnessing of adulterous act sufficient to reduce husband's offence to manslaughter: Youma v. R. (W.A.C.A.) practice of fangay-Fangay Ordinance (cap. 78) designed to prevent fraud and extortion by pretence of occult means or supernatural power-alleged killing by fetish not fangay: Marke v. Johnson (S.C.) CRIMINAL PROCEDURE appeals against conviction direction on evidence-in trial with assessors misdirection ground of appeal whether in judgment or summing-up: Reekie v. R. (W.A.C.A.) direction on evidence-misdirection not fatal if no miscarriage of justice-burden on Crown to show verdict unaffected by misdirection: Reekie v. R. (W.A.C.A.) appeals to Privy Council-leave to appeal-leave can be granted only by Privy Council: Metzger v. R. (W.A.C.A.) Assessors judge may express strong view on facts provided decision left to objection to assessor-either party may object on ground of partiality -partiality includes interest in or connection with subject-matter of proceedings or parties-ruling on objection in discretion of court: Conteh v. R. (P.C.) opinion of assessors-judge not obliged to accept assessors' opinions but must consider them: Reekie v. R. (W.A.Č.A.) Conviction. See Appeals Imprisonment. See Sentence Inspection locus in quo-inspection should not be relied on without evidence of it being called: Kirke v. R. (S.C.) Institution of proceedings title of summons-title should name party by or on whose behalf information laid: Williams v. R. (S.C.) Judge's summing-up contents judge may express strong view on facts provided decision left to judge must direct assessors' attention to salient points of case- judge must direct assessors properly on law: Reekie v. R. 373 Nolle prosequi. See Withdrawal of prosecution Pleas justification in libel proceedings justification amounts to admission of defamatory nature of matter charged: Richards v. R. (W.A.C.A.) 437 justification shifts burden of proof to accused: Richards V. R. 437 Police police as prosecutors-police officer should not conduct prosecution of offence not committed in his presence: Williams v. R. (S.C.) ... 321 CRIMINAL PROCEDURE cont. imprisonment-imprisonment with hard labour to be imposed only where specifically authorised for offence in question: Kirke v. R. (S.C.) Summing-up. See Judge's summing-up Summonses title title should name party by or on whose behalf information laid: Williams v. R. (S.C.) Withdrawal of prosecution 69 321 nolle prosequi-entry of nolle prosequi sufficient termination of proceedings in plaintiff's favour to support action for malicious prosecution: Khoury v. Tabbara (W.A.C.A.) 278 plan annexed to conveyance but not referred to cannot be used Interpretation admission of extrinsic evidence-admissible if not inconsistent with written terms-may show party signing memorandum contracted as agent if memorandum not contradicted: Basma v. Weekes (P.C.) Recitals. See Deeds DUTY OF CARE. See BAILMENT. ECCLESIASTICAL LAW Ministers EMPLOYMENT dismissal-no interference by court until all other rights of appeal exhausted: N'Danema v. Renner (W.A.C.A.) EDUCATION Educational charities and endowments gift creating "Agricultural Academy for education of male natives of Colony"-insufficient number of such natives means main object defeated by operation of discriminatory condition-cy-près doctrine applied to extend gift to male natives of Protectorate: In re Thomas Charity Trust (S.C.) EJECTMENT. See LAND LAW. LANDLORD AND TENANT ELECTION, DOCTRINE OF. See AGENCY ELECTIONS Qualifications of electors alteration-revising officer not permitted to change nature of elector's qualification-only correction of errors in register permitted: In re Margai (S.C.) 21 1 34 432 12 30 ELEGIT. See CIVIL PROCEDURE EMPLOYMENT Compensation. See Safety Duties of employees duty of care employee must not negligently cause damage to employer or his property or to third party or his property: Elias v. Jaffa (S.C.) Duty of care. See Duties of employee Notice. See Termination Safety breach of common law duty-safe system of work-whether system safe should be established from evidence led at trial-trial judge should not rely on personal knowledge without affected party having opportunity to cross-examine: Sierra Leone Dev. Co. Ltd. v. Taylor (W.A.C.A.) claims under Workmen's Compensation Ordinance (cap. 268)—liability in case of workmen employed by contractors-employer liable only when work undertaken in or for his usual business-existence of regular practice in employer's kind of business irrelevant: J. P. Holmen Ltd. v. Katty (S.C.) System of work. See Safety on notice-reasonable notice-factors to be considered: Mason v. summary determination by employer-misconduct or flagrant_dis- Third parties 300 239 64 138 138 205 employer's liability to third party in tort-act must be in course of employment and scope of authority-wrongful and unauthorised mode of doing authorised act is within scope of authority: Elias v. Jaffa (S.C.) Vicarious liability. See Third parties Workmen's compensation. See Safety ENGLISH LAW. See JURISPRUDENCE. SUCCESSION EQUITY Notice constructive notice-notice by tenancy-notice of possession other than Relief against forfeiture compensation payable by tenant-interest recoverable on amount due 300 118 271 97 234 relief not granted where landlord's title impugned-inadvertent denial in pleadings sufficient: Garrick v. Whitfield (S.C.) requisites of notice of breach of covenant: Garrick v. Whitfield (S.C.) 394 Specific performance. See CONTRACT 394 ESTOPPEL Record judgment by consent or default-parties to compromise estopped from relitigating original dispute embodiment of compromise terms in formal judgment and setting out of issues in court order not necessary for estoppel: Taylor v. Johnson (S.C.) 297 ESTOPPEL cont. acknowledgment of title document in which person in possession acknowledges another's proprietary interest in same propertysuccessor in title estopped from denying such interest: Spaine v. Abdullah Muctaru (S.C.) 384 EVIDENCE 377 supporting affidavit in application to set aside default judgment— irregularities must be apparent on face of summons or specified in supporting affidavit-applicant confined to irregularities stated therein: Yemen Co. Ltd. v. Wilkins (S.C.) Burden of proof appeals—misdirection on evidence-burden on Crown to show verdict unaffected by misdirection: Reekie v. R. (W.A.C.A.) breach of promise of marriage-burden on plaintiff to show readiness to carry out own part of contract: Taylor v. Davies (S.C.) ...... 124 criminal cases-facts peculiarly within knowledge of accused-justification in libel proceedings-burden on accused: Richards v. R. (W.A.C.A.) false imprisonment-burden on plaintiff to show imprisonment without lawful excuse: Foulah v. Kolifa Rowala Tribal Auth. (S.C.) malicious prosecution-burden on plaintiff to prove absence of reasonable and probable cause: Alhadi v. Allie (W.A.C.A.) negligence-defence of inevitable accident-once negligence prima facie established, burden on defendant to show accident inevitable: Bandoe v. Jacob (W.A.C.A.) recovery of possession of land-plaintiff must succeed on strength of own title: Rahman v. Elba (S.C.) 373 437 142 147 406 88 Spaine v. Abdullah Muctaru (S.C.) 384 stay of execution—burden on applicant to show exceptional circumstances justifying stay: Radar v. Jaber (S.C.) 115 title to land-statutory title-proof of adverse possession not necessary to acquire statutory title: Rahman v. Elba (S.C.) 88 Corroboration duties of court-judge to decide whether evidence corroborative as matter of law-jury to decide weight of corroborative evidence as matter of fact: Reekie v. R. (W.A.C.A.) 373 sexual offences-corroboration desirable but not essential-direction essential: Reekie v. R. (W.A.C.A.) 373 Declarations against interest declaration against proprietary interest made ante litem motam admissible: Spaine v. Abdullah Muctaru (S.C.) 384 Directions on evidence. See Functions of court Dying declarations admissible to show cause of death and identify person responsible: Kamara (or Susu) v. R. (W.A.C.A.) 309 Functions of court direction on evidence judge may express strong view on facts provided decision left to assessors: Mohammed Abdalla v. R. (W.A.C.A.) judge must direct assessors' attention to salient points of case -if case properly put, appeal court should not scrutinise summing-up too strictly: Mohammed Abdalla v. R. (W.A.C.A.) 28 locus in quo-inspection should not be relied on without evidence of it being called: Kirke v. R. (S.C.) Judicial notice Inspection matters within judge's knowledge-trial judge should not rely on personal knowledge without affected party having opportunity to cross-examine-should base finding on evidence led: Sierra Leone Dev. Co. Ltd. v. Taylor (W.A.C.A.) |