(2014) JELR 46242 (CA)    

Court of Appeal  ·  CA/B/44C/2011 ·  26 Jun 2014 ·  Nigeria
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
extension of time
oaths act
appellate court
exercise of discretion
notice of appeal
delta state
instant case
issue number
support of the respondent
decision of the lower court
high court of delta state
magistrates court
national assembly
records of appeal
rules of court
said appeal
state legislation
subject matter
substance of the case
survey plans
aforesaid judgment of the magistrates court
attainment of justice
briefs of argument
case of n.n.b plc
cases of oseni
competence of the said appeal
eventual disposal of the matter
exact words
exercise of the discretion of the court
facts of this matter
general principles
good faith
high court
issue of oath
leading judgment
magistrates court of delta state
order of the court
ruling of the lower court
said application
see gadi vs. male
various dates
virtue of the provisions of the oaths act

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Respondent was one of five accused persons arraigned for trial before the Magistrates Court of Delta State, sitting at Agbor. The arraignment was on a two count charge of conspiracy and forcible entry contrary to Sections 517 and 81 of the Criminal Code. The trial at the Magistrates Court was protracted. lt lasted for about nine years. In the course of the trial at the Magistrates Court, three of the accused persons died. Only the Respondent and one other were alive to stand trial to the end. At the conclusion of the trial, the learned trial Chief Magistrate in a judgment delivered on 19th August, 1995 convicted the accused persons on Court II of the charge being the count of forcible entry. They were discharged on the count of conspiracy.

The accused persons were dissatisfied with the judgment of the trial Chief Magistrate. They appealed against the judgment to the High Court. The appeal was filed within time. Th…

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