Peter M. Idundun V. S. E. O. Iyara (1941)

LawGlobal Hub Judgment Report – West African Court of Appeal

Prosecution for wilful destruction of property and forcible entry, conviction contra. sections 451 and 81 respectively of Criminal Code—by HighCourt.Remitted ” to High Court by Magistrate—Magistrate nopower to remit=High Court however issued hearing notices.

Held : High Court had jurisdiction to hear case summarily. Appeal dismissed.

There is no need to set out the facts.

Nelson-Williams for Respondent.

A. Soetan for Appellant.

The following joint judgment was delivered :—

KINGDON, C.J., NIGERIA, PETRIDES, C.J., COLD COAST, AND GRAHAM PAUL, C.J., SIERRA LEONE.

The only ground of appeal which need be dealt with in this case is the first which is that the case was not properly before the High Court. The case got before the High Court by being ” remitted ” thereto by the Magistrate (Full Powers) .Warri. There is of course no power in a Magistrate to ” remit ” a case to the High Court, and the order remitting was irregular and need not have been acted upon by the High Court. The High Court, however, issued hearing notices to the parties and having in that way got the parties before it proceeded to hear the ease summarily. We are of opinion that it had jurisdiction so to do, for we know of no such restriction upon this summary jurisdiction of the High Court as that suggested by counsel for the appellant.

This ground of appeal therefore fails.

There is no substance in any of the other grounds of appeal, and the appeal is dismissed.