Tag Archives: Law report

Effect of raising the defence of Accident

SGT. KALEJAIYE OLA v. THE STATE (2018) LPELR-44983(SC)

APPLICABLE AREA: Criminal Law and Procedure

PREAMBLE

An accident was defined by Karibi-Whyte, JSC (as he then was) as a “Result of an unwilled act, and means an event without the fault of the person alleged to have caused it.” It was also defined by Oputa JSC, (as he then was and of a blessed memory) as “…an event totally unexpected by the doer of the act and also not reasonably to be expected by any ordinary person, the reasonable man of the law. In other words, the test is both subjective from the stand point of the doer of the act, as well as objective from the stand point of the ordinary man of common prudence. The event should, to qualify as accidental, be a surprise both to the doer of the act that caused it and a surprising thing to all and sundry. An event is thus accidental. It is neither subjectively intended nor objectively foreseeable by the ordinary man of reasonable prudence.” Continue reading Effect of raising the defence of Accident

Appeal can be heard notwithstanding incomplete record of appeal.

ATOSHI & ORS v. AGBU & ORS (2018) LPELR-44477(CA)

PRACTICE AREA: APPEAL

INTRODUCTION:

It is the law that, appeals are heard and determined on the record of appeal which has been settled by the parties. However, the Court of Appeal Per OMOLEYE, J.C.A. while delivering the lead Ruling in ATOSHI & ORS v. AGBU & ORS (2018) LPELR-44477(CA) held that ‘…depending on the circumstances of each matter, where in an appeal there is incomplete record or part of the record is missing, the appellate Court has any of the following three options to take viz: a) Continue reading Appeal can be heard notwithstanding incomplete record of appeal.