UNITED NIGERIA PRESS LTD & ANOR V. ADEBANJO

• Pages: 395-397

395

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NIGERIAN SUPREME COURT CASES

[1969] N.S.C.C.

It is to be hoped that Judges at the conclusion of their judgments when making

orders would always have recourse to the provisions of the Rules of this Court for

guidance as to the limits of their powers.

This Court is of the opinion that this application be granted but that the pros-

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ecution of the applicant be stayed subject to certain conditions to be imposed by

this Court. The application therefore succeeds. It is granted. It is ordered:

(1)

that the prosecution of the applicant in any court whatsoever with respect to

any offence arising out of the matter now before this Court be stayed pend-

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ing the determination of the appeal filed before this Court in the matter or

until this Court otherwise orders, on terms that the applicant be released on

bail, provided that he doth within one month from this date enter into rec-

ognisance in the sum of £50C' with one surety to be approved by the Regis-

trar of this Court or of the High Court of the Mid-Western State in the event

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of any prosecution or intenc'ed prosecution of him for such aforesaid of-

fence:

(2)

that all exhibits impounded and released to the Nigeria Police pursuant to

the order of the learned trial Judge be forthwith surrendered to the Regis-

trar of the High Court, Mid- Western State, Benin and that the said exhibits

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be transmitted without any delay to the Registrar of this court for safe cus-

tody who shall thereafter make adequate copies of the said exhibits to form

part of the record of proceedings already delivered to this Court at the sole

expense of the applicant; and

(3)

that the notice of appeal dated 19th September, 1969 be, and is hereby sub-

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stituted for the notice of appeal dated 11th September, 1969 filed on behalf

of the applicant.

Application granted.

UNITED NIGERIA PRESS LTD & ANOR V.

ADEBANJO

1.

UNITED NIGERIA PRESS LTD

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APPELLANTS

2.

SMART 0. EBBI

V

TIMOTHY OLU ADEBANJO

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RESPONDENT

SUIT NO. SC 742/1966

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

UDO-UDOMA,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

12th December, 1969.

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Civil Procedure - Service of Process - Ruling on application for substituted service

by posting notice at last registered address of company not adequate when

company ceased to do business and 2nd appellant had fled to East as not

likely to bring it to their attenrion in circumstances.

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