OSHIN
V.
IGP

(1961) JELR 80156 (SC)    
Supreme Court  ·  F.S.C, 326/1960 ·  26 Jan 1961 ·  Nigeria
 · 
Other Citations
(1961) ANLR 7
CORAM
BAIRAMIAN F.J
Editorial Summary
The conviction of the appellant in the Magistrate’s Court for stealing was set aside by the High Court and replaced with a conviction for obtaining by false pretences. In this further appeal to the Federal Supreme Court, the conviction of the Magistrate for stealing was restored on the ground that, in the circumstances, the complainant intended to part with the money to the CFAO and not to the appellant.
Core Terms Beta
appellant
complainant
property
money
false pretences
facts
high court
judgment
part
ball
charge
criminal code
drum
firm
price
purpose
vicar
24th october
alteration of the finding
argument
cheque
evidence
false pretence
present case
submission
text of section
vicar’s wife
21st january
appeals
appellant’s statement
bairamian f.j.
clear case
court
english larceny act
findings of fact
following day
following statement
fraudulent taking
further appeal
hands
hearing of the appeal
judgment of the court
lagos magistrate
learned chief justice
learned chief justice of the high court
learned magistrate
lord goddard
number of blocks of peat
property of nimota alake
respect of that sum

BAIRAMIAN F.J., (Delivering the Judgment of the Court): The appellant was tried before a Lagos Magistrate on a charge of stealing £19 the property of Nimota Alake, and was convicted of stealing. He appealed to the High Court on the ground that the evidence did not support the charge; the outcome was an alteration of the finding to one of false pretences. He how appeals from that court.

The following statement is taken from the High Court given on 24th October, 1960:-

“The facts which the learned Magistrate found proved are very simple. On the 21st January, 1960, the complainant came to Lagos to purchase some dye. She met the appellant, whom she did not know before, outside a shop and he offered to assist her in her purchase. He took her to several shops and finally to C.F.A.O. there he made enquires and was told outside the complainant’s hearing that the firm had dye in stock and that the price was £12 – 10s – 0d per drum. He took the complainant aside and informed her that the price wa…
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