FAMUYIDE V. R.C. IRVING & CO. LTD.

• Pages: 34-46

34

NIGERIAN SUPREME COURT

CASES

[1992j

3 N.S.C.C.

Exhibit was held by the trial court to be of no evidential value against the

appellant."

The issue as formulated for the respondent, though differently worded, has the

same meaning and effect.

Chief Ohwovoriole, S.A.N., for the appellant submitted that the trial judge

rejected Exhibit M and regarded it as of no evidential value by referring to the

portion of the trial judge's judgment quoted below:

"The 1st accused person (Peter Durugo) made a statement, Exhibit "M" dated

30th May, 1980, in which he narrated his activities about snatching various

makes of cars. As regards the present case in hand, the statements Exhibit "J"

and "JI" dated respectively 1st July, 1980 and 30th May, 1980 would appear to

be more relevant."

For the respondent, it was submitted that the appellant's submission is the

result of a misunderstanding of the portion of the judgment of the trial court which

learned counsel submitted could not be interpreted to mean a rejection of the

statement, Exhibit "M"

I am in total agreement with learned counsel for the respondent that the portion

of the judgment of the trial court can not be construed to be a rejection of the

statement, Exhibit 'M' which was admitted in evidence after a trial within trial. The

Court of Appeal properly considered the appellant's appeal, found no merit in it

and dismissed it.

It is for these reasons and for the more detailed and succinct reasons in the

lead Reasons for judgment of my learned brother,

Karibi-Whyte, J.S.C.,

which I

adopt as mine that I dismissed the appeal and upheld the conviction and sentence.

Appeal dismissed.

FAMUYIDE V. R.C. IRVING & CO. LTD.

MICHAEL OLATUNJI FAMUYIDE

APPELLANT

V.

R.C. IRVING & COMPANY LTD.

RESPONDENT

APPEAL No, SC. 85/1988.

SUPREME COURT OF NIGERIA

KARIBI-WHYTE,

J.S.C.

KAWU,

J.S.C.

WALT,

J.S.C.

KUTIGI,

J.S.C.

MOHAMMED,

J.S.C.

25th September, 1992.

Practice and Procedure - Order 27 rule 2 High Court of Lagos Civil Procedure Rules 1972

- Interrogatories - When leave may be given - Interrogatories - Principles of -

Interrogatories - Aim and object of - Interrogatories - Extent party interrogating may

go.

5

10

15

20

25

30

35

40

45

50