A. M. SOETAN VS TOTAL NIGERIA LIMITED
August 27, 2025AJAYI ALAMU VS OLAODE ALAO & AYONDIORO FAMILY
August 27, 2025Legalpedia Citation: (1972) Legalpedia (SC) 61711
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Thu Jan 13, 1972
Suit Number: SC 294/71
CORAM
MAIIMUDE MOHAMMED, JUSTICE SUPREME COURT
UDOMA
SOWEMIMO
PARTIES
NWIBO NKWUDU OVUJI APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The fact of the case was that, on the night of 27th of November, 1970, one Adaka Imafu (later deceased) was in the apartment of his wife, Nkwoagu Adaka (P.W.2) where he had gone to pass the night. The appellant later that night went to Nkwoagu Adaka’s apartment and knocked at her door. On opening the door, the appellant struck the deceased with a matchet on the front part of the head, and he fell down. The appellant ran away.
HELD
APPEAL DISMISSED.
ISSUES
None.
RATIONES DECIDENDI
CIRCUMSTANCES WHERE THE DEFENCE OF ACCIDENT CANNOT AVAIL AN ACCUSED IN A MURDER CASE
“The doctor’s finding, it seems to me, would be otherwise, if the matchet (Exh. ‘B’) struck the deceased accidentally when pulled by the accused towards himself. The doctor’s evidence appears to me to prove an injury occasioned by a blow carefully and purposely aimed at the deceased and inflicted with considerable force. I hold, that the defence of accident does not avail the accused”
CASES CITED
None.
STATUTES REFERRED TO
None.|
