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AMUSA
V.
THE STATE

(1984) JELR 39989 (SC)

Supreme Court 20 Aug 1984 Nigeria
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- This is a murder appeal case. - The Court of Appeal initially struck out the appeal because there was no notice of appeal proved to have been filed. - The appellant suspected his wife of having an affair with a soldier co-tenant. - Despit

Case Details

Suit Number:SC.69/1981
Judges: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
Counsel:Shola Rhodes, (with him Mrs. A. Y. Akinboboye) For Appellant R.A. Bello, (P.S.C. Ogun State) For Respondent

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 …

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