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TOTAL NIGERIA LTD VS ELECTRICAL AND MECHANICAL COMPANY LIMITED

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TOTAL NIGERIA LTD VS ELECTRICAL AND MECHANICAL COMPANY LIMITED

Legalpedia Citation: (1972) Legalpedia (SC) 11411

In the Supreme Court of Nigeria

Fri Sep 1, 1972

Suit Number: SC. 247/1971

CORAM


MOHAMMED BELO, JUSTICE, SUPREME COURT

UDOMA JUSTICE, SUPREME COURT

FATAYI-WILLIAMS JUSTICE, SUPREME COURT


PARTIES


ELECTRICAL AND MECHANICALCO. LTD. APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant launched an attack on the people in his compound; he outran the children and killed 6 of them including one Joseph Chukwu.


HELD


The court held that as there were no other forms of irregularities canvassed, none had occurred.


ISSUES


Whether the accused speaking from the dock and the admitting of same in evidence was an irregularity sufficient to upturn the conviction of the accused.


RATIONES DECIDENDI


REGISTRATION OF FOREIGN JUDGMENT


Once a judgment to be executed is registered in any court of like jurisdiction in any other State and from the date of registration the certificate shall be a record of the court in which it is registered- Per Olawale Taslim Elias CJN


EFFECT OF SETTING ASIDE THE SALE OF IMMOVABLE PROPERTY.


Wherever a sale of immovable property is set aside the purchaser shall be entitled to receive back any money deposited or paid by him on account of such sale, with or without interest, to be paid by such parties and in such manner as it may appear proper to the court to direct in each instance.-Per Olawale Taslim Elias CJN


ADMISSIBILITY OF STATEMENT OF ACCUSED GIVEN AT THE DOCK.


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CASES CITED


QUEEN V. EGUABOR 1 ALL NLR 287

QUEEN V. NWAGBOIGWE (1960) 5 FSC 55

QUEEN V. IYULE (1961) ALL NLR 462


STATUTES REFERRED TO



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