(1971) JELR 80389 (HC)    
High Court  ·  SUIT NO. JD/49/1971 ·  30 Sep 1971 ·  Nigeria
Other Citations
(1971) All N.L.R. 551
Bate, S.P.J.
Core Terms Beta
face of the record
order of certiorari
rules of natural justice
first ground
mr read
annual practice
preliminary issue
1st applicant
3rd edition
accused persons
appropriate remedy
civil matter
court of a magistrate grade iii
criminal offence
criminal proceedings
criminal trespass
dangerous precedent
decision of the high court of western nigeria
determination of the inferior tribunal
error of law
ex parte read
fair trial
grant of an order of certiorari
high court proceedings
humphreys j.
judicial functions
main issue
manifest error of law
natural justice
none of the applicants
offence of criminal house trespass
penal code
present case
second ground
substance of the applicants
support of the application
terms of the magistrate
trial of criminal cases
wandsworth justices


Bate, S.P.J.:-The applicants have applied for an order of certiorari to remove into the High Court proceedings between themselves and the State in the court of a Magistrate Grade III. The record shows that they were convicted of criminal trespass contrary to s. 343 and punishable under s. 349 of the Penal Code. The sentence is recorded as follows: "All accused persons are given two weeks to quit failing which they are fined £20 each and to be ejected by the Police."

The first ground upon which the application is argued is that the Magistrate had no jurisdiction. It is said that he was in fact dealing with a civil matter, that is, the recovery of premises, and that his jurisdiction is confined to the trial of criminal cases. For the respondent it was contended that the Magistrate had jurisdiction to try the offence of criminal house trespass and that is what the Magistrate had done. Reliance was placed on the decision of the High Court of Western Nigeria in B. Ayinde v. Iwo District Gr…

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