ADU
V.
LAMINA LASISI

(1970) JELR 39804 (SC)    

Supreme Court  ·  SC.81/1970 ·  9 Oct 1970 ·  Nigeria
 · 
Other Citations
(1970) All N.L.R 302
CORAM
ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Core Terms Beta
defendant
land
learned magistrate
court
appeal
dispute
possession of the land
evidence
magistrate
affidavit
duty
high court
learned chief justice
matter
people
criminal summons
fact
judgement
onset
warrant of possession
appeal no. ld125ca
complainant
consideration of the appeal
contempt of court contra section
counter-affidavit
criminal code
cross-examination
high court of labos
indefinite period
judgement of the high court
lagos
lagos state
land of the present complainant
leading judgment
learned chief justice of lagos state
man
months i.h.l.
offence
order of the court
point
point of law
possession of a piece of land
present case
present respondent
private prosecution
sentence
trial
view
writ of court

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…

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