AMUSA
V.
THE STATE

(1984) JELR 39989 (SC)    

Supreme Court  ·  SC.69/1981 ·  20 Aug 1984 ·  Nigeria
CORAM
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
appellant
court of appeal
wife
merits
notice of appeal
conviction
suspicion
view
facts
inches
learned trial judge
case
counsel
deep laceration
doctor
fact
grounds of appeal
injuries
mr. shola rhodes
statements
trial judge
abundance of caution
abundance of evidence
accused person
ample evidence
arrest
case of murder
coker
confessional statement
confessional statement exhibit
death sentence
decision of adis ababa
dismissal of the grounds of appeal
favour of the appellant
high court
lead judgment of akanbi
memorandum of grounds of appeal
middle of the head
murder appeal
murder case
order
possible defences
proper form
record of proceedings
right forehead
right side of the head
trial court

OBASEKI, J.S.C. (Presiding): This is a murder appeal. The Court of Appeal heard the appeal, dealt with it on its merits in the lead judgment of Akanbi, JCA. and instead of dismissing it, struck out the appeal. The Justices made the order striking out the appeal because there was no notice of appeal proved to have been filed. There was a memorandum of grounds of appeal filed referring to the Notice of Appeal dated 30/7/79 but out of abundance of caution the Court of Appeal dealt with all the grounds of appeal and dismissed the grounds of appeal. This appeal is against the dismissal of the grounds of appeal.

I have read and studied the record of proceedings. The facts found by the learned trial judge are not in dispute. The appellant suspected that his wife, the deceased, was having an affair with a soldier co-tenant. Despite the fact that the matter was settled, his mind was still badly affected by the suspicion. Hence, when his wife went to her parents' place and he traced her there …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login