Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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