Appeal
from conviction by High Court.
Prosecution for wilful
destruction of property and
forcible entry~ contra.
section.- 451 and 81
respectively of Criminal
Code" Remitted" to High
Court by Magistrate-Magistrate n
power 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-
William.- 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 nee! 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
summaril)1 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.