CORAM

C.E.NWOSU-IHEME JCA

JUSTICE CHARLES EFANGA ARCHIBONG JUDGE.

SOWEMIMO

PARTIES

G.A. AKHIWU APPELLANTS

THE PRINCIPAL LOTTERIES OFFICER, MIDWEST STATE, BENIN CITY.A.I. EHIABHI RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant/1st Defendant & 2nd Defendant both claim to be entitled to a winning ticket prize of £4000(four thousand pounds). The Plaintiff is in possession of the said money and instituted the suit to determine the owner.

HELD

The appeal was dismissed with cost. The Order of the trial court was also set aside. It was held that the trial court judge should not have ordered the arrest of the 1st defendant and ordered that he should be specifically charged with certain offences.

ISSUES

Whether the learned trial Judge erred in law and/or failed to exercise his discretion judicially in proceeding with the trial without pleadings once it became clear to him that fraud amounting to criminal offences were alleged by one side against the other Whether the learned trial Judge erred in law in making an order for the arrest and prosecution of the appellant when the duty and responsibility for deciding on such questions are not matters within his competence

RATIONES DECIDENDI

CASES CITED

Layiwola & Ors. v. The Queen (1959) 4 FSC 119

STATUTES REFERRED TO

Order 13 Rule 1 of the High Court (Civil Procedure) Rules of the Western|

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