EGBUE V. ARAKA

• Pages: 278-289

278

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NIGERIAN SUPREME COURT CASES

[1988] 2 N.S.C.C.

the explanation of his possession of the vehicle by the appellant could not reason-

ably be true let alone be true and could not be consistent with his innocence.

Accordingly I have no cause to interfere with the decision of the learned trial

Judge that he was satisfied on the state of the evidence before him that the offence

of robbery charged in this case had been proved beyond reasonable doubt against

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the appellant.

It is for the above reasons and in addition to the fuller reasons given in the lead

reasons for judgment of my learned brother Belgore, J.S.C. which I have had the op-

portunity of reading in draft that I dismissed the appellant's appeal.

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WALT, J.S.C.:

I dismissed this appeal on 9th June, 1988 and reserved my reasons

for doing so to today and which I now give.

I have had a preview of the reasons for judgment read by my learned brother Bel-

gore, J.S.C. I entirely agree with them and I adopt same as mine. As it was for the

same reasons that I agreed on 9th June, 1988 that the appeal should be dismissed,

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I have nothing more to add.

Appeal dismissed.

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EGBUE V. ARAKA

THE HONOURABLE DON EGBUE

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APPELLANT

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V

HONOURABLE E.O. ARAKA

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RESPONDENT

SUIT NO. SC 185/1987

SUPREME COURT OF NIGERIA

OBASEKI,

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J.S.C.

UWAIS,

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J.S.C.

KAWU,

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J.S.C.

BELGORE,

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J.S.C.

WALT,

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J.S.C.

7th July, 1988

Civil Procedure - Pleadings - Guiding principles - Demurrable pleading - Need to Amend

Pleadings - Technicality - Need for allowance.

Jurisdiction -Assumption of jurisdiction by Court - Determination - Section 6(2), S.236( 1),

S.239 and 5.274 and items 2(b), 56 and 67 of Part III of 1979 Constitution. Order 1A

Rule 2 of the High Court of Lagos (Civil Procedure) Rule 1972.

Extra - Territorial Jurisdiction to a State High Court - Ultra vires.

Tort - Libel - Publication - Republication - Venue - Extra Territorial Jurisdiction.

Words and Phrases "Cause of Action - Meaning of'.

ISSUES:

1.

What is the principle guiding pleadings under our adversary system and what

purpose does pleading serve?

2.

What is a "cause of action".

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