ALHAJI R.A. AFOLABI (TRADING AS IFELODUN BROS).
V.
POLYMERA INDUSTRIES (NIG.)

(1967) JELR 109066 (SC)    
Supreme Court  ·  SC. 359/1965 ·  19 May 1967 ·  Nigeria
CORAM
BRETT, JSC COKER, JSC LEWIS, JSC

TAYLOR, F.J. (Delivering the Judgment of the Court):

The appellant, a Storekeeper employed by Messrs. G. B. Ollivant (Nigeria) Ltd. at their Shell Depot in Ibadan, was convicted by the Chief Magistrate Ibadan on all the twelve counts on which he was charged with stealing specific items of goods the property of his employer. This conviction was upheld on appeal to the High Court, against which Judgment the appellant has filed eight grounds of appeal in addition to the two contained in the Notice of Appeal. In arguing these grounds of appeal learned Counsel urged that:-

1. The learned Judge on appeal misdirected himself in upholding the judgment of the trial Magistrate convicting the appellant of stealing twelve items out of the twenty-three shown on Exhibit “A” when there was no evidence before the Court as to which of these items were normal shortages and which the appellant sold and converted to his own use.

2. The learned Judge on appeal erred in upholding the Judgment of the trial Mag…

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