SAMUEL ADENLE VS MICHEAL OYEGBADE
September 4, 2025JOSEPH JIDEOFOR ENWEZOR VS JOSEPH OKWUDILI ONYEJEKWE & ANOR
September 4, 2025Legalpedia Citation: (1964-02) Legalpedia 16380 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Wed Feb 12, 1964
Suit Number: F.S.C. 141/1963
CORAM
ADEMOLA, CHIEF JUSTICE NIGERIA
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
MORGAN AG, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
THE QUEEN
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW, CONSPIRACY, FRAUD, FORGERY, UTTERING
SUMMARY OF FACTS
The Appellants were found guilty of the offences of conspiracy to defraud, forgery and uttering and sought an order of court discharging them of the offence.
HELD
The Court held that that forgery of court process and a conspiracy to defraud are serious offences, and it is only in the exceptional case that a fine can be an appropriate punishment. But there being no appeal against sentence, the fine must remain.
ISSUES
Not Available
RATIONES DECIDENDI
ON PROCEDURE AFTER WRIT FOR THE SALE OF IMMOVABLE IS ISSUED
“When a writ for the sale of immovables is issued, notice of attachment should be given, with a grace of fifteen days before sale, and there should be an advertisement of the sale and notice of sale to the debtor.” BAIRAMIAN,J.S.C
CASES CITED
Not Available
STATUTES REFERRED TO
1. Sheriffs and Civil Process Ordinance, cap. 189, Laws of the Federation
2. Eastern Region High Court Law, 1955
3. Criminal Code
