ADEMOLA, C.J.N. (Delivering the Leading Judgment):-In the Magistrate's Court of Lagos State, holden at Lagos, the present respondent and two others who were later discharged, were tried in a private prosecution for contempt of court contra section 133(8) of the Criminal Code.
The respondent was convicted of the offence and sentenced to a term of two months I.H.L. The particulars of the offence were that he re-took possession of a piece of land at Ilado near Maroko which land had been obtained from him by a writ of court. He succeeded in an appeal to the High Court of Labos where the learned Chief Justice of Lagos State allowed his appeal and quashed the conviction against him. The complainant has appealed to this Court from the judgement of the High Court.
The matter before the learned magistrate was straight forward and easy and he dealt speedily with it as it befits that court. The learned magistrate had before him a defendant brought to court under a criminal summons signed by a ma…