DE LESTANG,C.J. (reading the judgment)
The Appellant was convicted in the Magistrate’s Court, Lagos, of obtaining 200 pounds by false pretences contrary to section 419 of the criminal code and sentenced to 18 months imprisonment.
The relevant facts are not in dispute. The appellant carries on business of a supplier of building materials. He had an agreement with a Swedish firm under which the Swedish firm was to supply him with 1000 bags of cement every month. The first delivery to take place in February or March 1961. The cement was to be shipped from Sweden and delivery of the shipping documents was to be effected only against payment of the C.I.F price in Lagos. Meanwhile, the firm had a large quantities of cement on hand in Lagos, and it sold 2,700 bags to the Appellant, which the appellant paid for partly by cash and partly by post-dated cheques which were in due course dishonoured. As a result, the appellant was indebted to the firm in approximately 600 pounds. Being desirous of o…