SWISS AIR TRANSPORT CO. LTD V. THE AFRICAN CONTINENTAL BANK LTD
August 27, 2025A. O. IBENWELU V. LAWAL DEV
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 62913
In the Supreme Court of Nigeria
Fri Jan 22, 1971
Suit Number: SC 197/1970
CORAM
COKER, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
ANTHONY AKADILE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged with the murder of a fellow hunter whom he shot purporting to shoot an ape. He sought to rely on the plea of accident.
HELD
The court held that it was satisfied that the accused had deliberately shot the deceased.
ISSUES
Whether the argument of counsel that the exhumation order made by learned trial Judge to verify allegations made by accused that he was made to eat a part of the deceased showed elements of doubts which should be resolved in favour of the accused.
RATIONES DECIDENDI
DEFENCE OF ACCIDENT
Elements of doubts raised in a trial are generally, resolved in favour of an accused person but the elements of doubt raised by the exhumation order of the trial Judge in this case was made to resolve the allegations of the appellant himself that he was made to eat a part of the deceased who he had already killed. This doubt does not affect the verdict of guilty on the accused. It is not a doubt to be resolved in his favour.
PER MADARIKAN JSC.
PER MADARIKAN JSC.
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DEFENCE OF ACCIDENT
Elements of doubts raised in a trial are generally, resolved in favour of an accused person but the elements of doubt raised by the exhumation order of the trial Judge in this case was made to resolve the allegations of the appellant himself that he was made to eat a part of the deceased who he had already killed. This doubt does not affect the verdict of guilty on the accused. It is not a doubt to be resolved in his favour.
CASES CITED
STATUTES REFERRED TO
EVIDENCE ACT.
