STATE
V.
ONAGORUWA

(1992) JELR 44641 (SC)

Supreme Court · SC.59/1991 · 7 Feb 1992 · Nigeria
·

Other Citations

State v. Onagoruwa (1992) NWLR (Pt. 221)33 (1992) 2 SCNJ 1

State v. Onagoruwa (1992) 2 NWLR (Pt. 221) 33

CORAM

MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBO ALFA BELGORE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

court of appeal

jurisdiction

counsel

respondent

issue

preliminary objection

issue of jurisdiction

stay of further proceedings

grounds of appeal

high court

no-case submission

notice of preliminary objection

brief of argument

honourable court

court of appeal act

further proceedings

notice of appeal

learned justices of the court of appeal

case submission

decision of this court

learned trial judge

trial court

adjourned date

close of the case

grant of stay of proceedings

interim stay

lower court

state ca

25th day of june

application raises

arguments of the parties

counsel of the parties fail

court of their decision

determination of the appeal

final determination of the substantive appeal

following grounds

following issues

further take notice

grant of the application

high court of lagos

interim stay of 23rd october

motion raise

no case

onyeike of counsel

rules of this court

see osho v

s. m. a. belgore

S. M. A. BELGORE, JSC (Delivering the Leading Judgment): The respondent was charged with the offence of stealing before Silva J. sitting in the High Court of Lagos. At the close of the case for the prosecution and after a no-case submission by the counsel for the accused person, learned Judge ruled the accused had a case to answer. Against this ruling the appellant filed a Notice of Appeal to the Court of Appeal and moved a motion before the same learned trial Judge for stay of further proceedings pending the determination of the appeal on the no case ruling by the Court of Appeal. This motion was dismissed and the accused by way of another motion in the Court of Appeal prayed as follows:-

"1. An Order extending the time within which to apply for leave to appeal on questions of mixed law and fact as contained in grounds 1, 2 and 4 of the grounds of appeal annexed hereto as Exhibit 'B1'.

2. An Order granting leave to appeal on questions of mixed law and fact contained in grounds 1, 2 a…

STATE V. ONAGORUWA

STATE
V.
ONAGORUWA