GENERAL & AVIATION SERVICES LTD VS CAPTAIN PAUL M. THAHAL
June 11, 2025KRAUS THOMPSON ORGANISATION LIMITED VS UNIVERSITY OF CALABAR
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 51646
In the Supreme Court of Nigeria
Fri Apr 16, 2004
Suit Number: SC. 28/2003
CORAM
O. ALATAWURA – JUSTICE, SUPREME COURT
KATSINA-ALU JUSTICE, SUPREME COURT
MUSDAPHER JUSTICE, SUPREME COURT
ACHOLONU JUSTICE, SUPREME COURT
PARTIES
1.OSAREMWINDAN AIGUOKHIAN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant shot the deceased to death and claimed he thought he was shooting a dear.
HELD
The court held that the defence of mistake was unavailable to the appellant and his story an assault to intelligence.
ISSUES
1. Whether upon the evidence, the defence of mistake is available to the Appellant.2. Whether from the circumstances of this case the defence of insanity under section 28 of the Criminal Code is available to flue Appellant.
RATIONES DECIDENDI
CASES CITED
R. V. Tolson 23 Q.B.D. 1 68Green V. State, 221 SW. 2d 612.People V. Fitz Patrick 247 P.601, 78 CA. 37
STATUTES REFERRED TO
None.
