“Section 328 of the Criminal Code, Western Nigeria, Cap. 28 enacts: “When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received, unless the money is received on the terms that it shall form an item in a debtor and creditor account, and that the relation of debtor and creditor only shall exist between the parties in respect of it. The argument put to us by Counsel for the appellant was that the money is the property of Messrs Brandler and Rylke and that the information as laid in the name of the Idanre District Council was bad. In our opinion, where a person receives money or goods for or on account of another, within the meaning of Section 328 of the Criminal Code, and converts the money or part of it to his own use, he will rightly be convicted of stealing the money or goods, the ownership of which, in our view, is in that other.”
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