ANABA V. THE STATE

• Pages: 1180-1182

1180

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NIGERIAN SUPREME COURT CASES

[1987] 2 N.S.C.C.

Statement of Defence to

arrive at the live issues

in a case where there exists an

Amended Statement of Defence. Once there is an amendment, the original plead-

ing will no longer define the issues to be tried.

In this case the learned trial Judge merely observed that although the Defend-

ants amended their Statement of Defence, they failed to amend their plan to re-

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flect the new Statement of Defence. It is important to note here that the written

description of the land in the pleadings of the parties should be in complete ac-

cord with the plan or plans filed along with those pleadings. A good plan should

mirror all the features of the land as pleaded. That was the point the learned trial

Judge appeared to be making in his observation now being attacked. I dare say

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the learned Trial Judge was right.

It was for all the reasons stated above and for the fuller reasons in the lead

Reasons For Judgment

of my learned brother Kawu, J.S.C., which I now adopt as

mine, that I, on the 16th of July, 1987, dismissed this appeal.

15

BELGORE, J.S.C.:

I have had a preview of the reasons for judgment of my

learned brother, Kawu, J.S.C. I agree with his Reasons. I also dismissed this appeal

for the same reasons on the 6th day of July, 1987.

Appeal dismissed.

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ANABA V. THE STATE

25

JOSEPH ANABA

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APPELLANT

V

THE STATE

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RESPONDENT

SUIT No. SC 154/1986

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SUPREME COURT OF NIGERIA

ESO,

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J.S.C.

KAWU,

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J.S.0

OPUTA,

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J.S.C.

J.S.C.

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NNAEMEKA-AGU, J.S.C.

8th October, 1987

Appeals (Criminal) - Appeal against sentence of death Proscription - Limitation

of tune - 5.31(4) Supreme Court Act, 1960 - Prayer for extension of time

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within which to appeal.

ISSUE :

1.

Whether the Supreme Court can grant an extension of time within which to

appeal in cases involving sentences of death.

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FACTS

The Appellant was convicted and sentenced to death by the Isiala Ngwa High

Court, Imo State. The conviction was upheld on appeal to the Court of Appeal on

10/12/84.

He appealed further to the Supreme Court but his Notice of Appeal was dated

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24/1/85, 14 days out of time, than the 30 days allowed under section 31(2)(6) of

the Supreme Court Act of 1960.