(1963) JELR 39796 (SC)    

Supreme Court  ·  F.S.C.210/1963 ·  1 Nov 1963 ·  Nigeria
Other Citations
(1963) All N.L.R 332
ADEMOLA ADETOKUNBO C.J.N Justice of The Supreme Court of Nigeria JOHN IDOWU CONRAD TAYLOR Justice of The Supreme Court of Nigeria BAIRAMIAN Justice of The Supreme Court of Nigeria
Core Terms Beta
idanre district council
rylke ltd.
9th september
firm of brandler
chairman of the idanre district council
criminal code
criminal procedure ordinance
messrs brandler
own purposes
property of messrs brandler
20th day of january
22nd october
23rd day of september
3rd schedule
6d pertree
chairman of the council
chief f. r. a. williams
clear evidence
committee of the council
date 8th september
different cheques
exceptional cases
favour of chief s. a. adewusi
golf balls
grounds of appeal
issue of the permits
name of the appellant
necessary nowadays
ordinary language
owner of the money
own personal needs
part satisfaction of the amount
present case
private account
property of brandler
property of the idanre district council
property of the person
samuel a. adewusi
servant of the firm
social committee
total amount
various amounts

ADEMOLA, C.J.N. (delivering the judgement of the Court):- The appellant, who was charged on five counts of stealing various amounts, was eventually convicted on the 4th count, particulars of which read as follows:-

"Samuel A. Adewusi (M) between the 23rd day of September, 1961 and the 20th day of January, 1962 at Ibadan in the Ibadan Judicial Division, stole the sum of #4,148'18s.8d (four thousand one hundred and forty eight pounds eighteen shillings and eight pence) property of Brandler and Rylke Ltd."

At the hearing an amendment was sought and granted to substitute as owner of the money "Idanre District Council" in place of "Messrs Brandler and Rylke Ltd."

The appellant was chairman of the Idanre District Council. There is a committee of the Council known as the Social Development Committee. This Committee, it would appear, was anxious to develop the Alade market. The Council therefore gave discretionary power to the Committee to sell 2,000 permits to fell timber in the Idanre fores…

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