REX
V.
ADEGBOLA THOMAS

JELR 81021 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1945 11 WACA 12-15
CORAM
COR. KINGDON, C.J., BROOKE AND FRANCIS, JJ.
Core Terms Beta
evidence
section
ground
learned trial judge
prosecution
alhaji jibirin
criminal procedure ordinance
cross-examination
false pretences
admission of the deposition of macdonald
attendance of the witness macdonald
bornu province
british overseas airways corporation
close of the examination of each witness
common ground
criminal code
depositions of witness macdonald
different view
exhibit b.
exhibits e
following grounds
following terms
hearsay evidence of the fact
high court
high court of the kaduna judicial division
ill lagos hospital
inter alia
necessary papers
original telegram
pounds sterling
preliminary investigation
provisions of section
reasonable doubt
record of the evidence
respect of the carriage of a consignment
said alhaji jibirin
telegram of resident-exhibit d.
thomas x macdonald
unpaid balance
weight of evidence
wrongful admission of evidence

 KINGDON, C.J., NIGERIA:-

In this case the Appellant was charged in the High Court of the Kaduna Judicial Division sitting at Potiskum with obtaining money by false pretences contrary to section 419 of the Criminal Code, and the particulars given of the alleged offence were:-

“Adebola Thomas, on or about the 20th day of June, 1944, at Maiduguri, in the Bornu Province, with intent to defraud obtained from Alhaji Jibirin the sum of £11 (eleven pounds sterling) by falsely pretending that the charges payable by the said Alhaji Jibirin to the British Overseas Airways Corporation in respect of the carriage of a consignment of hides accepted for carriage on or about the 13th day of June, 1944, was £53 19s. 8d., whereas in truth and in fact the amount payable was £42 19s. 8d.”

He was convicted and sentenced to six months I.H.L. He now appeals to this Court against his conviction upon the following grounds:-

“1. Wrongful Admission of Evidence. The learned trial Judge was wrong in Law to admit- (a…

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