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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…

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