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CLARKE EJUREN VS COMMISSIONER OF POLICE

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CLARKE EJUREN VS COMMISSIONER OF POLICE

Legalpedia Citation: (1964-11) Legalpedia 70217 (SC)

In the Supreme Court of Nigeria

Holden at Lagos

Fri Nov 27, 1964

Suit Number: S.C.16/1964

CORAM


OLUKAYODE ARIWOOLA

BAIRAMIAN, CHIEF JUSTICE, NIGERIA

COKER, JUSTICE, SUPREME COURT

BAIRAMIAN, JUSTICE SUPREME COURT

ONYEAMA, JUSTICE SUPREME COURT

COKER, JUSTICE SUPREME COURT


PARTIES


CLARKE EJUREN APPELLANTS


COMMISSIONER OF POLICE

RESPONDENTS 


AREA(S) OF LAW


STEALING

 


SUMMARY OF FACTS

The appellant was tried in the Magistrate’s Court of stealing the property of Eruana Onator and also of another offence. On appeal to the High Court, he was acquitted of the second offence, but the conviction for stealing was affirmed. Not satisfied, he appealed to the Supreme Court.

 


HELD


The appeal was allowed.

 


ISSUES


The trial magistrate did not find as a fact that the 4th prosecution witness was forced to pay the money, and on the evidence as his summary shows he saw it he must have found, if he had made a specific finding, that the 4th prosecution witness offered the money.

 


RATIONES DECIDENDI


OFFENCE OF STEALING


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OFFENCE OF STEALING


Not Available

 


CASES CITED


Not Available

 


STATUTES REFERRED TO


Not Available

 


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