(1961) JELR 80171 (HC)    
High Court  ·  APPEAL NO:LD/45CA/61 ·  23 Oct 1961 ·  Nigeria
Other Citations
(1961) 1 ANLR 744
Core Terms Beta
swedish firm
months imprisonment
bags of cement
24th january
advance payment
appellant carries
buckley j.
building contractor
circumstances of the case.the principle
consignment of cement
court of criminal appeal
criminal code
de lestang
delivery of the shipping documents
false pretences
false representation
first delivery
following morning
further supply of cement
globe finance corporation ltd
ground of appeal
large quantities of cement
learned magistrate
magistrate’s court
march 1961.the cement
means of false representation
mr. bolaji oshodi
mr salawu sabe
offences of this nature
opinion evidence
part payment of his debt
payment of the c.i.f price
present case
relevant facts
risk of loss
severity of a sentence
short term credit
thin hope
trial court
working capital

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 obtain…

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