ATUGBUE V. CHIME & ANOR.

• Pages: 163-166

ATUGBUE V. CHIME & ANOR.

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163

due consideration of the whole case, we are of the view that to reduce the sen-

tence in any way would be minimising the gravity of the offence the 1st appellant

has committed.

We therefore pass on the 1st appellant, on the substituted conviction under sec-

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Lion 312, a sentence of 7 years I.H.L., less the period he has served from the date

of his conviction in the High Court, namely, 6th August, 1962, and the date of this

judgment namely the 23rd May, 1953, that is to say, seven years reckoned from

the 6th August, 1962. His convictions and sentences on counts 2 and 3 of the

Charge remain unaffected.

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In regard to the other appellants, convicted on a count of abetting the 1st ap-

pellant in his offence under section 315 and 83 of the Penal Code, we discharge

the convictions and substitute in respect of each a conviction under sections 312

and 83 of the Code.

The following sentences are passed:-

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2nd appellant

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5 years I.H.L.

3rd - 9th appellants

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4 years I.H.L. each

10th and 11th appellants

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2 years I.H.L.

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each and in each case the sentence dates as from the date of conviction in the

High Court, namely, 6th August, 1962.

Convictions substituted (with fresh

sentences) .

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ATUGBUE V. CHIME & ANOR.

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SAMUEL ATUGBUE

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APPELLANT

V

1.

OKWUEGBUNAM CHIME

2.

SYLVENUS ONYIA

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(for himself and as representing

the Umuabi Improvement Union)

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RESPONDENTS

SUIT NO. FSC 185/1962

FEDERAL SUPREME COURT

BRETT,

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F.J.

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TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

24th May, 1963.

Legislation - High Court Rules, 1955 (E.R.) Order 42.

45

Practice and Procedure - Trial of issues of fact - Isolation of an issue of fact

undesirable - Observations on procedure at trial.

ISSUES:

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1. Whether a complainant in a criminal case is the prosecutor so as to be liable

in an action for malicious prosecution brought by the accused person upon

acquittal.

2. Whether a trial Judge can decide on issues of fact before hearing all the

evidence of a party.