THEOPHILUS ADEBAYO DOHERTY & ANOR VS RICHARD ADE DOHERTY
September 4, 2025L.A. MORAKINYO VS IBADAN CITY COUNCIL
September 4, 2025Legalpedia Citation: (1964-09) Legalpedia 32010 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Wed Sep 23, 1964
Suit Number: SC 190/1964
CORAM
BRETT, JUSTICE, SUPREME COURT
BAIRAMIAN, CHIEF JUSTICE, NIGERIA
AJEGBO, JUSTICE, SUPREME COURT
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
LAWRENCE AGBAJE APPELLANTS
THE REPUBLIC
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-MURDER-MANSLAUGHTER-JURY
SUMMARY OF FACTS
The appellant was tried in the High court of Lagos for murder and was convicted and sentenced for the lesser offence of manslaughter
HELD
The court held that no substantial miscarriage of justice was done at the trial court and as such refused the appellant’s application for leave to appeal
ISSUES
Whether the sentence passed on the appellant was not too harsh considering his age
Whether leave would be granted the appellant to appeal
RATIONES DECIDENDI
THE TRADITIONAL FUNCTION OF A JURY
“It is the traditional function of a jury to decide cases on the evidence brought out before them by the contesting parties and we are of the opinion that in the exercise of his discretion to decide what questions are proper the judge should discourage a jury from asking questions other than those designed to clarify answers given to questions asked by one of the parties.” Per BRETT, J.S.C
THE TRADITIONAL FUNCTION OF A JURY
“It is the traditional function of a jury to decide cases on the evidence brought out before them by the contesting parties and we are of the opinion that in the exercise of his discretion to decide what questions are proper the judge should discourage a jury from asking questions other than those designed to clarify answers given to questions asked by one of the parties.” Per BRETT, J.S.C
CASES CITED
R. v. Baldwin 28 Cox C.C. 17
STATUTES REFERRED TO
Criminal Procedure Act
Evidence Act
