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PETER M. IDUNDUN
V.
S. E. O. IYARA
WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
23RD DAY OF APRIL, 1941
2PLR/1941/49 (WACA)
OTHER CITATION(S)
2PLR/1941/49 (WACA)
(1941) VII WACA P. 30
LEX (1941) – VII WACA P. 30
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
PETRIDES, C.J., GOLD COAST
GRAHAM PAUL, C.J., SIERRA LEONE
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BETWEEN:
PETER M. IDUNDUN – Respondent
AND
S. E. O. IYARA – Appellant
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ORIGINATING COURT(S)
1. THE HIGH COURT
2. MAGISTRATE (FULL POWERS) WARRI
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REPRESENTATION
Nelson-Williams – for Respondent
A. Soetan – for Appellant
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE — PROOF OF CRIME:- Prosecution for willful destruction of property and forcible entry, contrary to sections 451 and 81 respectively of Criminal Code “Remitted” to High Court by Magistrate — Where Magistrate had no power to remit and High Court issued hearing notices thereupon — Legal effect
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held:
High Court had jurisdiction to hear case summarily. Appeal dismissed.
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MAIN JUDGMENT
The following joint judgment was delivered:-
KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND GRAHAM PAUL, C.J., SIERRA LEONE.
The only ground of appeal which need be dealt with in this case is the first which is that the case was not properly before the High Court.
The case got before the High Court by being “remitted” thereto by the Magistrate (Full Powers) Warri. There is of course no power in a Magistrate to “remit” a case to the High Court, and the order remitting was irregular and need not have been acted upon by the High Court.
The High Court, however, issued hearing notices to the parties and having in that way got the parties before it proceeded to hear the case summarily. We are of opinion that it had jurisdiction so to do, for we know of no such restriction upon this summary jurisdiction of the High Court as that suggested by counsel for the appellant.
This ground of appeal therefore fails.
There is no substance in any of the other grounds of appeal, and the appeal is dismissed.
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