DJUKPAN V. OROVUYOVBE & ANOR

• Pages: 151-156

DJUKPAN V, OROVUYOVBE & ANOR

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151

cused and the deceased did not attend the dance. This piece of evidence was

not contradicted by the defence.",

as first of all the evidence of the 6th prosecution witness was hearsay and in any

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case the accused did in fact contradict the evidence as he said in his own evidence

that he was at the dance, and we agree, therefore, that the learned trial judge

misdirected himself in this respect.

Having regard to these misclirections and inadequacies in the judgment

amounting in our view to a serious miscarriage of justice we are unable to uphold

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his conviction and we accordingly allow this appeal, set aside the judgment and

sentence and enter a verdict of acquittal.

Appeal allowed.

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DJUKPAN V. OROVUYOVBE & ANOR

20 DEBESI DJUKPAN

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APPELLANT

V

RHORHADJOR OROVUYOVBE

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RESPONDENTS

AND ANOTHER

SUIT NO. SC 563/1965

25 SUPREME COURT OF NIGERIA

BRETT,

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Ag. C.J.N.

COKER,

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J.S.C.

LEWIS,

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J.S.C.

5th May, 1967

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Appeals to Supreme Court, Civil - Appeal from appellate decision of High Court

- Leave to argue ground not argued in High Court - change of counsel not

a reason for granting leave - Ruling on sufficiency of stamp - Appeal precluded

- Supreme Court

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Act 1960 s.23.

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Land Instruments Registration Law - Unregistered estate contract - Whether

receivable as acknowledgment of payment of money - illiterates Protection

Ordinance (Now Act) Section 3 & 8 - Purpose of requiring writer to

show address - Sufficiency of particulars - Purpose of requiring writer to

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mark fees charged - Effect of omission to mark fees - Written agreement

prepared at request of both parties - Writer not benefitting from agreement -

Admissibility of evidence of what took place.

ISSUES:

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1. Whether change of counsel is a special circumstance on which leave may be

granted to argue grounds which had not been argued on an appeal to the High

Court.

2. Whether a ruling on the sufficiency of a stamp can be questioned on appeal to

the Supreme Court.

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3. Whether an unregistered estate contract is admissible as an acknowledgement

of the payment of money

4. Whether non-compliance by a writer with section 8 of the Illiterates Protection

Ordinance affects the admissibility of a document.