ADOGAN & ANOR V. AFUWAPE AINA BALE

• Pages: 87-89

ADOGAN & ANOR V. AFUWAPE AINA BALE

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87

"if a policeman states that he means to act upon an authority which he

professes to have, and to lock a man up, that is a menace....A threat to imprison

a man upon a fictitious charge is a menace within the plain meaning of the

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statute."

Here the defendant invented a story that the complainant had Indian hemp and

threatened to arrest and take him i:o the Charge Office unless he paid £30; that was

an offence of demanding with menaces. The usual bargaining followed and the

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defendant paid £5 under the compulsion of the threat, and that was an offence of

stealing. It is a clear case, and the conviction should be restored.

The appeal is allowed and it

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ordered that the decision of acquittal in Warri

Suit W/67 Cr./1962 given by the High Court of the Western Region on 20th Fe-

bruary, 1963 be set aside; the conviction and sentence in the Sapele Magistrate's

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Court passed on 29th August, 1962, in Charge MS/366

0/62-Commissioner of

Police v. Smart

Ededey-shall be restored; and the High Court shall take steps to

enforce this order but with due regard to any period served in prison between the

conviction and the acquittal.

Appeal

allowed.

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ADOGAN & ANOH V. AFUWAPE MN

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1.

LAWANI ADOGAN

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APPELLANTS

2.

TAIWO OSHILAJA

V

30 AFUWAPE AINA, BALE

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RESPONDENT

(on behalf of the EYITA family of Ikorodu)

SUIT NO. FSC 73/1963

SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

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TAYLOR,

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J.S.C.

BAIRAMIAN,

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J.S.C.

3rd April, 1964

BALE

Legislation - Evidence Act, s.2, s.53 - Western Nigeria - Customary Courts Law,

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c.31, s.48(2)(b) -

Civil Actions - Appeals in Civil cases - Test on value of subject matter in

cause - The res judicata - Appellant's interest in it

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Practice and Procedure - Estoppel - meaning of res judicata.

ISSUES:

1. What is the test to be applied in determining the subject matter of a civil cause

and its value.

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FACTS:

The Plaintiff sue in a grade C Customary Court on his family's behalf. The claim

was for a refund of £35 which represented seven years rent collected by the de-

fendants from a Ceremis industry for the use of a stream which rent the plaintiff

claimed the defendants had refused to shave with the other members of the fam-