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Mohammed W. Al-Dungus v. The State

(1973) JELR 33305 (SC)

Supreme Court  •  SC.33/1973  •  15 Jun 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC ATANDA FATAYI-WILLIAMS JSC AYO GABRIEL IRIKEFE JSC

Judgement


A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): On the 9th day of September, 1971 at the Bornu Upper Area Court No.2, the appellant was convicted of the offence of receiving thirteen heads of stolen cattle knowing them to have been stolen. His appeal to the Maiduguri High Court against the conviction was dismissed on 22nd November, 1972. He has now appealed to this court.

The facts can shortly be stated as follows:

On 21st April, 1971 at about 12 noon, one Mallam Yauwa reported to the police that thieves had stolen his 33 heads of cattle and 18 sheep. The cattle and sheep were valued at 3,116. The animals, according to the complainant, were stolen while his son was looking after them at the pastures in Dambowa District. During the search for the missing cattle, Mallam Yauwa found four of them with one Mamman Hurso at Gulumba in Dikwa Division. When questioned, Mamman Hurso said he bought the four heads of cattle from one Gujja for 95. Gujja in turn said he bought them fr…

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