necessary to corroborate the evidence of DW1 who said
he paid compensation to them.. such corroborative
evidence is missing in this case.
Indeed, the intention of parties in respect of the
transaction
can
be
seen
from
Exhibit
“F”
(Memorandum Of Understanding) executed by both
parties.
As earlier stated in the preceeding part of this judgment,
there is no clause in the Memorandum of Understanding
aforementioned, authorising the Defendants to sell bare
plots of land.
From the sum total of the evidence put forward by
prosecution, I am convinced that the prosecution was
able to establish by evidence that the 1st, 2nd and 3rd
Defendants, being entrusted with property belonging to
PW3 and same violated both the express and implied
terms of Exhibit “F” entered into by selling plots of
land from the land in issue and converting the proceeds
FEDERAL REPUBLIC OF NIGERIA AND KAYODE GABRIEL ADENIJI & 2ORS
42