JELR 81011 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
Other Citations
1938 4 WACA 19-25
Cor. Kingdon, C.J., Butler Lloyd and Carey, JJ.
Core Terms Beta
third accused
human life
prosecution of an unlawful purpose
bale of pako
basin’s house
means of an act
oro drums
trial judge
bale of igboora
district officer
first accused
igboora native court
market place
nigerian law
third appellant
accused person
behalf of the appellants
central figure of the story
consequence of this friendly attitude of the third accused
criminal code
following circumstances
ibadan division of the high court of the murder
important people
last time
member of the native court of igboora
members of the igboora native court
native of abeokuta
offence of manslaughter
possible merits of the case
reasonable time
second case
seduction shitta
shitta agboola
shitta’s house
son of the balogun of pako
story of the prosecution

KINGDON, P:- The Court is of opinion that it is not practicable to enforce strictly in this country the rules laid down in Rex v. Wyman, The practice has been to allow grounds of appeal to be added a reasonable time before the hearing of the appeal. In this case additional grounds were filed just before the case was set down for hearing six days ago and the case was adjourned till to-day in order to give opportunity for consideration. We are not prepared to refuse to do substantial justice on the ground of this objection to procedure. As regards the possible merits of the case we should like to hear what can be said on behalf of the appellants and accordingly grant the leave to appeal. In regard to the objection that particulars of misdirection have not been given, this is valid and the appellants must be called upon to furnish particulars

After hearing the appeal the following joint judgment was delivered on the 15th January, 1938:- KINGDON, C.J., NIGERIA, BUTLER LLOYD AND CAREY,JJ.


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