ETIM & ANOR V. THE QUEEN

• Pages: 28-33

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

For the foregoing reasons, we uphold the judgment of the Court below and dis-

miss this appeal with costs assessed at 27 guineas.

Appeal dismissed

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ETIM & ANOR V. THE QUEEN

1.

ASUQUO ETIM

2.

OLAYINKA ADESANYA

V

THE QUEEN

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

BRETT,

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J.S.C.

BAIRAMIAN,

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J.S.C.

2nd March, 1964.

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APPELLANTS

RESPONDENT

SUIT NO. FSC 141/1963

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Legislation - Criminal Code, s.422, s.464(a); Judgments (Enforcement) Rules (Vol.

X of the 1958 Laws) 0.5 Rr.3, 4, 6; 0.7 R.6.

Criminal Law- Forgery; false document within Criminal Code. s.464(a) - Writ of

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execution against immovables without order for writ to issue - Conspiracy to

defraud - Fraudulent writ against immovables; issued for immediate execution

- Sentence for forgery and conspiracy to defraud.

ISSUE:

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1. Does a writ issued without a lawful court order to that effect, constitute a false

document within s.464(a) of the Criminal Code?

FACTS:

After obtaining judgment in a suit, the plaintiff's solicitor (appellant No. 2) took

out a writ for the sale of the defendant's goods, and on the day fixed for the sale,

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namely the 16th March, 1961, although he had not applied for an order to sell im-

movables (as required by 0.4 R.16) he persuaded the High Court registrar (ap-

pellant No. 1) to issue a writ against immovables for the sake of having houses

sold also. The registrar signed the writ against immovables; he and the solicitor

took it to the bailiff for immediate execution, contrary to the rules above cited, which

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require that notice of attachment should be given, with a grace of fifteen days be-

fore sale, and that there should be an advertisement of the sale and notice of sale

to the debtor. On appeal Counsel argued that s.464(a) contemplated registers

and records and certified copies of them, and that a writ is not issued as testifying

to the facts it recites.

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HELD:

1. The last recital is a substantive and essential part of the writ: the registrar is

telling the Deputy Sheriff that he is issuing the writ because of the order that it

should be issued, so that it should be regarded by the Deputy Sheriff as a lawful

command to be obeyed, which it would not be if issued without such an order

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having been made; and the Deputy Sheriff is to regard it as a fact that such an

order was made; which makes it true to say that the writ was issued as testifying

to the fact that an order was made for the writ to issue; but as no such order

had been made, the writ was a 'false' document within s.464(a) and the