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BASSEY
V.
THE STATE

(2013) JELR 35830 (CA)

Court of Appeal 9 May 2013 Nigeria
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- The case involves a dispute over ownership of a farmland between the appellant and another individual. - A fight broke out between the two parties, resulting in injuries to both. - The appellant was charged with attempted murder and plead

Case Details

Suit Number:CA/C/117C/2012
Judges:UZO I. NDUKWE-ANYANWU JCA JOSEPH TINE TUR JCA ONYEKACHI A. OTISI JCA
Counsel:Emmanuel Okang For the Appellant; E. Amajama (SSC2- Ministry of Justice, Cross River State) For the Respondent.


JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The appellant hails from Okuni Village while Slyvanus Nkom Oyongha (PW1) is from Akam Village. All are from Ikom Local Government Area of Cross River State. They were contesting the ownership of a piece of farmland bordering their respective villages. On 27th day of April, 2009 both met at the farmland and a fight ensued. Both sustained bodily injuries and each reported to the police station at Okuni at different times. The police investigated their respective complaints but subsequently arrested and arraigned the appellant before the High Court of Justice of Cross Rivers, Ikom Judicial Division on a charge which read as follows:

''STATEMENT OF OFFENCE:

ATTEMPT TO KILL, contrary to Section 320(1) Criminal Code, Cap. C16 Vol.13 Laws of Cross River State, 2004.

PARTICULARS OF OFFENCE:

Akim Bassey on the 27th day of April, 2009 in a farm land at Akam in the Ikom Judicial Division did unlawfully attempt to kill one Sylvanus Nkom O…

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