(1970) JELR 39867 (SC)    

Supreme Court  ·  SC.197/1969 ·  22 May 1970 ·  Nigeria
Other Citations
(1970) All N.L.R 252
IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
evidence act
chief williams
jebba street
deposition of the witness
griffith street
minor road
7th p.w.
mr ajose-adeogun
evidence of the 7th p. w.
major road
preliminary investigation
secondary evidence
such evidence
such writing
admission of the deposition
admission of this document
appellant of dangerous driving
british transport commission
case of majekodunmi v
centre of the junction of both roads
certified copy
dangerous driving
deposition of mr. leigh
facts of this case
following cases
further evidence
lagos high court
lower court
months imprisonment
mr akesode
mr oladeinde leigh
necessary evidence
official bodies
only eye-witness
record shows
road junction
road traffic act
statutory provision
subject-matter of the trial
such deposition
third ground of appeal
trial judge

LEWIS, J.S.C. (Delivering the Leading Judgment): On the 21st of July, 1969, in the Lagos High Court in Charge No. LA/13C/69, Adefarasin, J. found the accused not guilty of manslaughter but guilty of dangerous driving contrary to section 18(1) of the Road Traffic Act and sentenced him to a fine of 100pounds or six months imprisonment with hard labour, and against that conviction the accused has appealed to this Court.

Chief Williams for the appellant first argued his third ground of appeal which reads:-

"The learned trial judge erred in law in not admitting in evidence the deposition of Mr. Leigh and thereby came to a wrong conclusion on the facts of this case."

When the 7th P.W., one Mr Oladeinde Leigh, who was the only eye-witness to the accident, was being cross-examined the record shows what took place in this regard as it reads-

"I did not see Madam Adekunbi King until after she had been knocked down.

(Akesode: I ask for leave to produce the deposition of the witness at the prelim…

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