APAMADARI & ANOR
V.
STATE

(1996) JELR 40023 (CA)

Court of Appeal · CA/I/69/90 · 2 Dec 1996 · Nigeria
·

Other Citations

Apamadari v. State (1997) 3 NWLR (Pt. 493) 289

CORAM

ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

appellants

1st appellant

section

criminal code

accused person

present case

properties

good faith

6th appellants

accused persons

defence of bona fide claim

persons

trial court

burden of proof

high court

1st issue

brief of argument

chief magistrate

deed of transfer

defence of a bona fide claim

holding of the learned trial judge

learned counsel

maximum punishment

1st accused

above circumstances of the case

above definition of the offence

above evidence

accepted facts of this case

appellants' case

appellate judge of the high court

blacks law dictionary 6th edition

brief states

chief magistrate court oshogbo

corresponding duty

decision of the learned trial judge

end of the trial

exercise of an honest claim

hand states

leading judgment

maximum sentence

offence of wilful damage

right of entry

rights of others

said judgment

storey building

support of the above submission

unlawful damage

various offences

ADAMU, JCA (Delivering the Leading Judgment): The appellants along with 7 other accused persons were jointly charged before the Chief Magistrate Court Oshogbo on 16/11/83 on a six count charge for various offences including conspiracy, wilful and unlawful damage to properties and threat to life. All the accused persons (including the appellants) pleaded not guilty to the charge. They were granted bail by the Chief Magistrate who also tried them summarily. At the trial, the prosecution called 8 witnesses while the 1st accused (now deceased) gave evidence in defence of himself and other accused persons. At the end of the trial and in a judgment delivered on 21/11/84, all the accused persons (including the appellants) were convicted by the Chief Magistrate and sentenced to jail terms. Being dissatisfied with the judgment, the appellant and 5 other accused persons appealed to the High Court, Oshogbo. The appeal was heard by the High Court which delivered its judgment on 16/7/87. In the sa…

APAMADARI & ANOR V. STATE

APAMADARI & ANOR
V.
STATE