COMPREHENSIVE INDEX TO ALL

SUPREME COURT 1993 DECISIONS

 

ABANDONED PROPERTY - Documentary Evidence - Documents transferring abandoned property - Held sufficient proof that the house in dispute was an abandoned property. IGBONGIDI V. UMELO (1993) 12 KLR 70; (1993) 8 NWLR (PT. 310) 130

 

ABANDONED PROPERTY - Instruments - Instrument transferring abandoned property back to owner - Does not qualify as an instrument under the Lands Instruments Registration Law. IGBONGIDI V. UMELO (1993) 12 KLR 70; (1993) 8 NWLR (PT. 310) 130

 

ACCOUNTS - Action for money had and received - When maintainable against solicitor to the defendant - In view of his conduct. ADESINA V. KOLA (1993) 8 KLR 38; (1993) 6 NWLR (PT. 298) 182

 

ACCOUNTS - Action for money had and received - Where money due to plaintiffs was wrongfully paid by Defendants’ Solicitor to other parties - Defendants’ Solicitor is liable together with the Defendants. ADESINA V. KOLA (1993) 8 KLR 38; (1993) 6 NWLR (PT. 298) 182

 

ACTIONS - Accounts - Action for money had and received - when maintainable against solicitor to the defendants - in view of his conduct. ADESINA V. KOLA (1993) 8 KLR 38; (1993) 6 NWLR (PT. 298) 182

 

ACTIONS - Alternative Claims - The court cannot be shut out from considering an alternative claim - Because the main claim failed. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

ACTIONS - Cause of Action - Commencement of Cause of Action -An issue raised thereto - How decided. A.G. KWARA STATE V. OLAWALE (1993) 2 KLR 136; (1993) 1 NWLR (PT. 272) 645

 

ACTIONS - Cause of action - What amounts in law to a cause of action - When is a cause of action disclosed. OGBIMI V. OLOLO (1993) 9 KLR 219; (1993) 7 NWLR (PT. 304) 128

 

ACTIONS - Claim by a party seeking to modify agreement pertaining to a legacy - Held to be the same as one for just and fair sharing of the legacy. OGBIMI V. OLOLO (1993) 9 KLR 219; (1993) 7 NWLR (PT. 304) 128

 

ACTIONS - Claim for Account - Based on continuing receipt of rents from tenants - Such receipt will be treated as having ended - when collection stops. OLORIEGBE V. OMOTESHO (1993) 1 KLR 38; (1993) 1 NWLR (PT. 270) 386

 

ACTIONS - Claim for damages for Negligence - Brought out of time - An Action is to be predicated on law not sentiments. ADIGUN V. AYINDE (1993) 12 KLR 201; (1993) 8 NWLR (PT. 313) 516

 

ACTIONS - Collapse of Action - Where a party’s Action has collapsed - Court cannot create another cause of action. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

ACTIONS - Conflict of laws - Cause of Action - How to determine the time cause of action arose - Towards ascertaining the applicable Law. A.G. KWARA STATE V. OLAWALE (1993) 2 KLR 136; (1993) 1 NWLR (PT. 272) 645

 

ACTIONS - Counter claims - Striking out of plaintiff’s claim -Proceeding with counter claim without notice to plaintiff -Proceedings declared a nullity. DAN HAUSA LTD. V. PANA TRADE LTD. (1993) 8 KLR 106; (1993) 6 NWLR (PT. 298) 204

 

ACTIONS - Declaration - Action for declaration - Proper circumstances for its invocation. EGUAMWENSE V. AMAGHIZEMWEN (1994) 1 KLR 1; (1993) 9 NWLR (PT. 315) 1

 

ACTIONS - Determination of Action in limine - Defendant who conceives that he has a good ground of law ex facie - Is entitled to raise same. ANYA V. IYAYI (1993) 10 KLR 121; (1993) 7 NWLR (PT. 305) 290

 

ACTIONS - Dismissal of Actions - Action that amounts to abuse of court’s process - How to be dismissed. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

ACTIONS - Parties - Contract agreement - Plaintiff not a party thereto -Certain clauses referring to plaintiff - Plaintiff cannot maintain action based on the contract agreement. OJOMO V. INCAR NIG. LTD. (1993) 11 KLR 53; (1993) 7 NWLR (PT. 307) 534

 

ACTIONS - Relief not claimed - Trial High Court - Consideration of only one issue - Granting a relief not claimed - Real Action filed has not been dealt with. OLUROTIMI V. IGE (1993) 12 KLR 80; (1993) 8 NWLR (PT. 311) 257

 

ACTIONS - Striking out of Counter claim - Where erroneous - Is not a bar to the consideration of Plaintiff’s claim. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

ACTIONS - Wrongful Dismissal of Claim - Trial Court’s failure to consider an issue properly raised - Wrongful dismissal of claim thereby - Legal Implications. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

ADDRESSES - Counsel’s addresses - Should be called for before court can admit an evidence - Previously rejected by it. AGBAJE V. ADIGUN (1993) 1 KLR 1; (1993) 7 NWLR (PT. 269) 261

 

ADJOURNMENTS - Discretion - Grant of adjournment - Is entirety within discretionary jurisdiction of court - To be exercised in accordance with particular facts and circumstances of the case. OBOMHENSE V. ERHAHON (1993) 10 KLR 78; (1993) 7 NWLR (PT. 303) 22

 

ADJOURNMENTS - Motion to dismiss an Appeal - Refusal by Court of Appeal to grant adjournment to Appellant - Fair hearing is not denied thereby. OBOMHENSE V. ERHAHON (1993) 10 KLR 78; (1993) 7 NWLR (PT. 303) 22

 

ADMINISTRATIVE LAW - Compliance with Statute - Master & Servant - Purported removal of employee on grounds of misconduct -Pursuant to provisions of a statute - Respondent is required to act in compliance with the statute. ADENIYI V. YABA COTECH (1993) 10 KLR 1; (1993) 6 NWLR (PT. 300) 426

 

ADMINISTRATIVE LAW - Natural Justice - Master & Servant -Compulsory retirement of employee in breach of natural justice -Principles of natural justice - Held to be applicable to both judicial and administrative determinations. ADENIYI V. YABA COTECH (1993) 10 KLR 1; (1993) 6 NWLR (PT. 300) 426

 

ADMINISTRATIVE LAW - Statutory authority - Exercise of Powers under Decree 17 of 1984 - A person whose Appointment is affected -Must be a Public Officer within provisions of s. 277 of the 1979 Constitution. ANYA V. IYAYI (1993) 10 KLR 121; (1993) 7 NWLR (PT. 305) 290

 

ADMINISTRATIVE LAW - Statutory Authority - Termination of Employment - Visitor to the University - Who is also the Head of State - Cannot without express provision exercise the powers of the Visitor - He can only exercise the power while acting in that capacity. ANYA V. IYAYI (1993) 10 KLR 121; (1993) 7 NWLR (PT. 305) 290

 

ADMINISTRATIVE LAW - Termination of Employment - Powers under Decree 17 of 1984 - If validly exercised - Court’s Jurisdiction is excluded thereby. ANYA V. IYAYI (1993) 10 KLR 121; (1993) 7 NWLR (PT. 305) 290

 

APPEALS - Abandonment of prayer - Court of Appeal’s error - In wrongfully deeming a prayer in a motion paper as abandoned and dead - Where that prayer could not have been granted - Appellant did not suffer any injustice thereby. MAGNUSSON V. KOIKI (1994) 1 KLR 172; (1993) 9 NWLR (PT. 317) 287

 

APPEALS - Absence of a party and his counsel during hearing of appeal - Where briefs have been filed - Appeal treated as having been argued. AGBAJE V. ADIGUN (1993) 1 KLR 1; (1993) 7 NWLR (PT. 269) 261

 

APPEALS - Accidental Slip - Criminal Procedure - Accidental slip by trial court - Can be corrected by the appeal court. EJELIKWU V. THE STATE (1993) 11 KLR 146; (1993) 7 NWLR (PT. 307) 554

 

APPEALS - Additional Evidence - Application to give further evidence on appeal - Attitude of court - Factors that must be considered - Towards granting the application. ANYIGOR V. OWATA (1993) 3 KLR 148; (1993) 2 NWLR (PT. 276) 380

 

APPEALS - Additional Evidence - Powers of the Court of Appeal -Admission of further Evidence on Appeal by the Court of Appeal -Empowered to exercise all powers of the trial court. ANYIGOR V. OWATA (1993) 3 KLR 148; (1993) 2 NWLR (PT. 276) 380

 

APPEALS - Amendment - Supreme Court - Interlocutory Applications - Application for leave to amend Notice of Appeal -And extension of time within which to appeal - Attitude of court thereto. NWANKWO V. NWANKWO (1993) 7 KLR 37; (1993) 5 NWLR (PT. 293) 281

 

APPEALS - Amendment of Writ - Supreme Court - Leave to amend writ of summons and pleadings on appeal - Will not be granted - If amendment will introduce completely new issues and claims. JESSICA LTD V. BENDEL INSURANCE (1993) 1 KLR 75; (1993) 1 NWLR (PT. 271) 538

 

APPEALS - Appellant’s brief - Prescribed period within which to file brief - Under the Court of Appeal Rules. AJAYI V. OMOREGBE (1993) 8 KLR 119; (1993) 6 NWLR (PT. 301) 512

 

APPEALS - Appellant’s brief - Prescribed period within which to file brief – When computation of time is deemed to start. AJAYI V. OMOREGBE (1993) 8 KLR 119; (1993) 6 NWLR (PT. 301) 512

 

APPEALS - Armed Robbery - Concurrent findings of two lower courts - Regarding identity of accused - When not perverse. ASAKITIKPI V. THE STATE (1 993) 7 KLR 153; (1993) 5 NWLR (PT. 296) 641

 

APPEALS - Assessment of Evidence - Not done by trial Court - Court of Appeal’s interference with trial Court’s findings of fact -Held to be proper. ODUBEKO V. FOWLER (1993) 11 KLR 106; (1993) 7 NWLR (PT. 308) 637

 

APPEALS - Briefs - Failure to prosecute appeal in not filing appellant’s brief - When such Appellant is deemed to be tardy-Appeal dismissed. AJAYI V. OMOREGBE (1993) 8 KLR 119; (1993) 6 NWLR (PT. 301) 512

 

APPEALS - Briefs - Where filed - Absence of a party and his counsel -Appeal treated as having been argued. AGBAJE V. ADIGUN (1993) 1 KLR 1; (1993) 7 NWLR (PT. 269) 261

 

APPEALS - Briefs of Argument - Period within which they must be filed - Time begins to run from date of receipt of Registrar’s invitation. OBOMHENSE V. ERHAHON (1993) 10 KLR 78; (1993) 7 NWLR (PT. 303) 22

 

APPEALS - Comments on pending appeal - Appellate court to refrain therefrom - When non prejudicial comment is declared unavoidable. FIRST AFRICAN TRUST BANK V. EZEGBU (1993) 7 KLR 1; (1993) 6 NWLR (PT. 297) 1

 

APPEALS - Competence of Appeal - challenged grounds of appeal -Held to raise issues of law only - Appeal declared competent. A.C.B. LTD. V. OBMIAMIA LTD. (1993) 6 KLR 143; (1993) 5 NWLR (PT. 294) 399

 

APPEALS - Concurrent findings - Islamic Law - Concurrent findings of the Area Court and Upper Area Court - Erroneously set aside by the High Court and Court of Appeal - Intervention of Supreme Court in restoring the Area Court’s Findings. HADA V. MALUMFASHI (1993) 10 KLR 102; (1993) 7 NWLR (PT. 303) 1

 

APPEALS - Concurrent Findings - Of two lower courts - Attitude of Supreme Court thereto. AKALEZl V. THE STATE (1993) 3 KLR 132; (1993) 2 NWLR (PT. 273) 1

 

APPEALS - Concurrent Findings of two lower courts - Declared wrong by the Supreme Court - For being perverse and unreasonable. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

APPEALS - Concurrent findings of two lower courts - Not to be interfered with by the Supreme Court - Save in exceptional circumstances. LAYINKA V. GEGELE (1993) 4 KLR 51; (1993) 3 NWLR (PT. 283) 518

 

APPEALS - Consequential Orders - Court of Appeal - Judgment -Consequential Orders inadvertently left out by Court of Appeal -Made by the Supreme Court. OFONDU V. NIWEIGHA (1993) 2 KLR 1; (1993) 2 NWLR (PT. 275) 253

 

APPEALS - Consequential Orders - Practice & Procedure - Failure of trial court to include consequential order within judgment - Made an issue in appeal - Failure of Respondent to attack the record and query its genuineness - Implications thereof. OLUROTIMI V. IGE (1993) 12 KLR 80; (1993) 8 NWLR (PT. 311) 257

 

APPEALS - Contempt of Court - Motion for stay of High Court’s Contempt Proceedings before the Court of Appeal - Conviction and Sentence passed during pendency of the Application - Effects. MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254.

 

APPEALS - Contracts - Counsel’s submission - That findings of the trial court were not challenged on appeal - Held to be erroneous. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

APPEALS - Contracts - Court of Appeal’s failure to consider all attacked findings of trial court - Because it resolved the issue of breach of contract in Defendant’s favour - Not proper. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

APPEALS - Court’s Comment - Appellate Court’s failure to comment on an issue raised before it - Is not of any effect - When the decision is not affected thereby. OKO V. NTUKIDEM (1993) 3 KLR 114; (1993) 2 NWLR (PT. 274) 124

 

APPEALS - Court’s discretion - Prayer for Interlocutory Injunction -Refused by Court of Appeal - When Supreme Court will intervene in the lower court’s exercise of Discretion. IGWE V. KALU (1993) 4 KLR 33; (1993) 4 NWLR (PT. 285) 1

 

APPEALS - Criminal Defence - Ground of Appeal that ought to be struck out - Will be considered - Where the defence raised is open to accused. OLADIPUPO V. THE STATE (1993) 7 KLR 95; (1993) 6 NWLR (PT. 298) 131

 

APPEALS - Criminal Procedure - Trial court’s findings of fact - When not to be interfered with by the appellate court. SELE V. THE STATE (1993) 1 KLR 19; (1993) 1 NWLR (PT. 269) 276

 

APPEALS - Cross appeal - Damages - Respondent seeking to challenge Trial Court’s reasoning in arriving at quantum of damages -To be by cross appeal and not by Respondent’s Notice. OGUNBADEJO V. OWOYEMI (1993) 2 KLR 136; (1993) 1 NWLR (PT. 271) 517

 

APPEALS - Cross appeal - Dismissal of substantive appeal - Does not affect court’s jurisdiction over the cross appeal. OLOWU V. ABOLORE (1993) 6 KLR 64; (1993) 5 NWLR (PT. 293) 255

 

APPEALS - Culpable Homicide - Evidence - Substantial discrepancies in evidence of prosecution - Retrial is not the proper order. NAMSOH V. THE STATE (1993) 6 KLR 125; (1993) 5 NWLR (PT. 292) 129

 

APPEALS - Damages - Breach of Contract - Damages awarded by Trial Court - When part thereof will be varied by the appellate court - For being speculative. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

APPEALS - Discretion - Interlocutory Applications - Exercise of discretion by lower court - Is not to be interfered with - Merely because the appellate court would have exercised the discretion differently. VINCENT STANDARD LTD. V. XTODEUS LTD (1993)7 KLR 128; (1993) 5 NWLR (PT. 296) 675

 

APPEALS - Dismissal of Appeal - Court of Appeal - Failure to file Brief of Argument - Dismissal of Appeal thereby - Court of Appeal lacks jurisdiction to relist an appeal so dismissed. OLOWU V. ABOLORE (1993) 6 KLR 64; (1993) 5 NWLR (PT. 293) 255

 

APPEALS - Dismissal of appeal - Court of Appeal - Reliance by Court on a ground not raised by Applicant - And not supported by evidence - In dismissing the Appeal - Is not proper. OBOMHENSE V. ERHAHON (1993) 10 KLR 78; (1993) 7 NWLR (PT. 303) 22

 

APPEALS - Dismissal of Appeal - Failure to collect record of proceedings in time - Motion to dismiss the appeal - Counter motion to file additional grounds - When Appellant’s conduct does not amount to laxity - As to lead to dismissal of the appeal. OBOMHENSE V. ERHAHON (1993) 10 KLR 78; (1993) 7 NWLR (PT. 303) 22

 

APPEALS - Dismissal of Appeal - For failure to file Brief of Argument - Court of Appeal lacks jurisdiction to relist an appeal so dismissed. OLOWU V. ABOLORE (1993) 6 KLR 64; (1993) 5 NWLR (PT. 293) 255

 

APPEALS - Dismissal of Appeal - For failure to file Brief of Argument - Circumstances under which the appeal will be dismissed. OLOWU V. ABOLORE (1993) 6 KLR 64; (1993) 5 NWLR (PT. 293) 255

 

APPEALS - Dismissal of case - Finding of the Trial Court on an issue - Not appealed against by Plaintiff - Court of Appeal’s finding on the issue at variance with Plaintiff’s pleadings - Dismissal of the plaintiff’s case is the proper consequence. OJOMO V. INCAR NIG. LTD. (1993) 11 KLR 53; (1993) 7 NWLR (PT. 307) 534

 

APPEALS - Dismissing of Appeal - Necessary Conditions not fulfilled - Appeal was not rightly dismissed. OBOMHENSE V. ERHAHON (1993) 10 KLR 78; (1993) 7 NWLR (PT. 303) 22

 

APPEALS - Evaluation of evidence - Court of Appeal - Its duty to evaluate evidence where trial court failed to do so - Properly exercised in dismissing the case. OKO V. NTUKIDEM (1993) 3 KLR 114; (1993) 2 NWLR (PT. 274) 124

 

APPEALS - Evidence - Court of Appeal’s finding - Not based on evidence - Cannot be justified. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

APPEALS - Evidence - Trial Court’s failure to consider some aspects of the evidence - Does not lead to order for retrial or dismissal in all cases. OKO V. NTUKIDEM (1993) 3 KLR 114; (1993) 2 NWLR (PT. 274) 124

 

APPEALS - Extension of time - Application for Extention of Time to Crossappeal - Duty of the Applicant. C.C.B. LTD. V. OGWURU (1993) 4 KLR 75; (1993) 3 NWLR (PT. 284) 630

 

APPEALS - Extension of time - Application for Extention of time to crossappeal - That is replete with lapses and inadequacies - Application rightly refused. C.C.B. LTD. V. OGWURU (1993) 4 KLR 75; (1993) 3 NWLR (PT. 284) 630

 

APPEALS - Extension of time - Court of Appeal - Application for enlargement of time within which to appeal - Where sickness and confinement prevented appellant from getting in touch with his counsel - Held to be sufficient reason for the delay. ADEYEMI V. Y.R.S. IKE-OLUWA & SONS LTD. (1993) 12 KLR 19; (1993) 8 NWLR (PT. 309) 27

 

APPEALS - Extension of time - Prayer for extension of time to cross appeal - Three prayers that should have been incorporated in the Application. C.C.B. LTD. V. OGWURU (1993) 4 KLR 75; (1993) 3 NWLR (PT. 284) 630

 

APPEALS - Extension of time within which to appeal - Where grounds raise questions of fact only or mixed fact and law - It is imperative to add any other necessary prayer - Such as prayer for leave to appeal. ADEYEMI V. Y.R.S. IKE-OLUWA & SONS LTD. (1993) 12 KLR 19; (1993) 8 NWLR (PT. 309) 27

 

APPEALS - Facts in evidence - Court of Appeal - Decision on an Exhibited Document based on the issue and set of facts in evidence -Held to be a matter of law and not a new issue. IGBONGIDI V. UMELO (1993) 12 KLR 70; (1993) 8 NWLR (PT. 310) 130

 

APPEALS - Functus Officio - Court of Appeal - After final determination of a matter - The court becomes functus officio and lacks jurisdiction over the matter. OLOWU V. ABOLORE (1993) 6 KLR 64; (1993) 5 NWLR (PT. 293) 255

 

APPEALS - Grounds of Appeal - Amendment of and filing additional Grounds of Appeal - Is to be allowed in the interest of justice where expedient. NWANKWO V. NWANKWO (1993) 7 KLR 37; (1993) 5 NWLR (PT. 293) 281

 

APPEALS - Grounds of Appeal - Containing mixed law and facts -Need to obtain leave. AGBAJE V. ADIGUN (1993) 1 KLR 1; (1993) 7 NWLR (PT. 269) 261

 

APPEALS - Grounds of Appeal - Failure to file any Ground of Appeal against trial court’s finding of fact - Implications thereof. IBERO V. UME-OHANA (1993) 2 KLR 66; (1993) 2 NWLR (PT. 277) 510

 

APPEALS - Grounds of Appeal - Issue of admissibility or rejection of evidence - Not made a Ground of Appeal - That issue cannot be properly raised. OGBONNAYA V. ADAPALM LTD. (1993) 6 KLR 89; (1993) 5 NWLR (PT. 292) 147

 

APPEALS - Grounds of Appeal - That does not form part of any Issue for Determination - Is deemed abandoned- A-G KWARA STATE V. OLAWALE (1993) 2 KLR 136; (1993) 1 NWLR (PT. 272) 645

 

APPEALS - Grounds of Appeal - Where not properly drafted - Appeal ought not be dismissed in Limine - When an omnibus ground of appeal was treated. ABISI V. EKWEALOR (1993) 9 KLR 99; (1993) 6 NWLR (PT. 302) 643

 

APPEALS - Grounds of Appeal - Whether a Ground of Appeal is one of law or fact - How properly determined. A-G KWARA STATE V. OLAWALE (1993) 2 KLR 136; (1993) 1 NWLR (PT. 272) 645

 

APPEALS - Identity of land - Court of Appeal - Identity of Land in Dispute - Rightly resolved by Court of Appeal - As the evidence for such resolution was before the trial court. OFONDU V. NIWEIGHA (1993) 2 KLR 1; (1993) 2 NWLR (PT. 275) 253

 

APPEALS - Initiation and Dismissal of Appeals - Appeal is initiated by filing Notice of Appeal - Striking out a Notice so filed - Does not mean Dismissal of the Appeal. MOHAMMED V. OLAWUNMI (B) (1993) 5 KLR 37; (1993) 4 NWLR (PT. 288) 384

 

APPEALS - Interference - Appellate Court - Interference with Trial Court’s findings of fact - When proper. OFONDU V. NIWEIGHA (1993) 2 KLR 1; (1993) 2 NWLR (PT. 275) 253

 

APPEALS - Interference - Evidence - Findings of the trial court -Where supported by evidence - Appellate court will not interfere. IKE V. UGBOAJA (1993) 9 KLR 62; (1993) 6 NWLR (PT. 301) 539

 

APPEALS - Interference-With the finding of Fact by Trial Court-Conditions that will lead to appellate court’s interference. ARICHE V. THE STATE (1993) 10 KLR 44; (1993) 6 NWLR (PT. 302) 752

 

APPEALS - Issues - Raising an issue on a subject - When Court of Appeal’s award was on a different subject - Such issue is not of any use. C.O.P. V. OGUNTAYO (1993) 8 KLR 92; (1993) 6 NWLR (PT. 299) 259

 

APPEALS - Issues for Determination - Must be formulated in concrete terms - And be related to Grounds of Appeal filed. A-G KWARA STATE V. OLAWALE (1993) 2 KLR 136; (1993) 1 NWLR (PT. 272) 645

 

APPEALS - Issues for Determination - Not properly formulated - Not related to Grounds of Appeal - Are no issues at all. A-G KWARA STATE V. OLAWALE (1993) 2 KLR 136; (1993) 1 NWLR (PT. 272) 645

 

APPEALS - Judicial Precedents - Murder - Invitation to Supreme Court - To follow its former decision - Where facts of the two cases are not the same - The cases distinguished. GEORGE V. THE STATE (1993) 7 KLR 113; (1993) 6 NWLR (PT. 297) 41

 

APPEALS - Jurisdiction - Pending Appeal before the Court of Appeal -Interlocutory Application for substantially similar prayer as in the periling appeal - Court has jurisdiction. FIRST AFRICAN TRUST BANK V. EZEGBU (1993) 7 KLR 1; (1993) 6 NWLR (PT. 297) 1

 

APPEALS - Leave of Court - Impossibility of raising a new issue without leave - New argument does not amount to raising a new issue. OGUNBADEJO V. OWOYEMI (1993) 2 KLR 136; (1993) 1 NWLR (PT. 271) 517

 

APPEALS - Leave of Court - Move to raise a new Issue without leave of Court - Not possible. OYEYEMI V. IREWOLE L.G. (1993) 2 KLR 113; (1993) 1 NWLR (PT. 270) 462

 

APPEALS - Leave of court - Raising a new issue not canvassed in the lower court - Is not possible - Without leave of appellate court. AGBAJE V. ADIGUN (1993) 1 KLR

 

APPEALS - Notice of Appeal - Appeal on a Decision in two Consolidated Suits - Appellant need not file two Notices of Appeal. IGWE V. KALO (1993) 4 KLR 33

 

APPEALS - Point not taken in the lower court - When not to be entertained on appeal IGBONGIDI V. UMELO (1993) 12 KLR 70; (1993) 8 NWLR (PT. 310) 130

 

APPEALS - Power of the Court of Appeal - Under S.16 of the Court of Appeal Act - To evaluate evidence - When not properly exercised. ABISI V. EKWEALOR (1993) 9 KLR 99; (1993) 6 NWLR (PT. 302) 643

 

APPEALS - Previous Decision - Supreme Court’s previous decisions on an issue - Similar issue arising - When it will be appropriate to invite that Court - To overrule its previous decisions. EREKANURE V. THE STATE (1993) 6 KLR 180; (1993) 5 NWLR (PT. 294) 385

 

APPEALS - Record of Appeal - Purpose of Registrar’s Notice to collect record - Duty of an appellant in respect of the record. AJAYI V. OMOREGBE (1993) 8 KLR 119; (1993) 6 NWLR (PT. 301) 512

 

APPEALS - Statutory Period of Appeal - Failure to cross appeal within the Statutory Period - When extension of time will not be granted. C.C.B. LTD. V. OGWURU (1993) 4 KLR 75; (1993) 3 NWLR (PT. 284) 630

 

APPEALS - Substitution of Sentence - Murder - Trial court’s sentence of death - Upheld by Court of Appeal -Substituted with manslaughter by the Supreme Court. OLADIPUPO V. THE STATE (1993) 7 KLR 95; (1993) 6 NWLR (PT. 298) 131

 

APPEALS - Supreme Court - Jurisdiction - Application that seeks to by-pass the court of Appeal - The Supreme Court has no jurisdiction. A.C.B. LTD. V. OBMIAMIA LTD. (1993) 6 KLR 143; (1993) 5 NWLR (PT. 294) 399

 

APPEALS - Trial De Novo - Criminal Procedure - Murder - Appeal against conviction - Based on trial court’s fundamental irregularities -Trial de novo ordered. EREKANURE V. THE STATE (1993) 6 KLR 180; (1993) 5 NWLR (PT. 294) 385

 

APPEALS - Variation of judgment - Supreme Court - Application to vary judgment of Lower Court - proper procedure is cross appeal. OLORIEGBE V. OMOTESHO (1993) 1 KLR 38; (1993) 1 NWLR (PT. 270) 386

 

APPEALS - Withdrawal of Appeal - An appellant having filed a notice of withdrawal - Cannot subsequently revoke the notice. EDOZIEN V. EDOZIEN (1993) 1 KLR 90; (1993) 1 NWLR (PT. 272) 678

 

APPEALS - Wrongful admission of evidence by trial court - When it will not lead to setting aside the judgment on appeal. AGBAJE V. ADIGUN (1993) 1 KLR 1; (1993) 7 NWLR (PT. 269) 261

 

ARBITRATION - Arbitrator’s Misconduct - What amounts to a misconduct - Refusal of Arbitrator to consider a matter outside his reference - Is not a misconduct. TAYLOR WOODROW LTD. V. SUDDEUTSCHE GMBH (1993) 4 KLR 139; (1993) 4 NWLR (PT. 286) 127

 

ARBITRATION - Error in Law - Arbitrator’s Award - Error in law on the face of an Award - How established. TAYLOR WOODROW LTD. V. SUDDEUTSCHE GMBH (1993) 4 KLR 139; (1993) 4 NWLR (PT. 286) 127

 

ARBITRATION - Good Award - Breach of Contract - Arbitrator’s Award that is good on the face of it - The parties cannot object thereto. TAYLOR WOODROW LTD. V. SUDDEUTSCHE GMBH (1993) 4 KLR 139; (1993) 4 NWLR (PT. 286) 127

 

ARBITRATION - Misconduct - Arbitrator’s Award - Whether Arbitrator has misconducted himself - Powers of Court in case of misconduct. TAYLOR WOODROW LTD. V. SUDDEUTSCHE GMBH (1993) 4 KLR 139; (1993) 4 NWLR (PT. 286) 127

 

ARBITRATION - Reliance on Common Law - Arbitration Law of Lagos State S. 12(2) - Failure of the Statute to state what amounts to a misconduct - Reliance is to be on the Common Law. TAYLOR WOODROW LTD. V. SUDDEUTSCHE GMBH (1993) 4 KLR 139; (1993) 4 NWLR (PT. 286) 127

 

BAIL - Procedure - S. 27 of Court of Appeal Act 1976 - Application for bail under this section of the Act - the Application must not first be made to the High Court before coming to the Court of Appeal. MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254

 

BAIL - Procedure -Contempt of Court - Committal for contempt by High Court -Application for bail before the Court of Appeal -Must not first be made to the High Court. MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254

 

CHIEFTAINCY MATTERS - Conflict of Laws - Applicable Law -How to determine the time Cause of Action arose - Towards ascertaining the Applicable Law. A-G KWARA STATE V. OLAWALE (1993) 2 KLR 136; (1993) 1 NWLR (PT. 272) 645

 

CHIEFTAINCY MATTERS - Interlocutory Injunctions - Application to restrain installation of Traditional Ruler pending appeal - Refused. OYEYEMI

 

CHIEFTAINCY MATTERS - Issue in Dispute - Claim between the Parties - Held to be related to Traditional Headship not Appointed A-G KWARA STATE V. OLAWALE (1993) 2 KLR 136; (1993) 1 NWLR (PT. 272) 645

 

CHIEFTAINCY MATTERS - New Issue - Appeals - Move to raise a new issue without court’s leave - Not possible. OYEYEMI V. IREWOLE L.G. (1993) 2 KLR 113; (1993) 1 NWLR (PT. 270) 462

 

CHIEFTAINCY MATTERS - Res Judicata - Parties not the same -Applicant seeking to rely on res judicata in raising preliminary objection - Is not entitled to succeed. AJAKAIYE V. GOV. BENDEL STATE (1993) 11 KLR 181

 

CLAIMS - Accounts - Claim for Accounts - Based on continuing receipt - Such receipt will be treated as having ended - When collection stops. OLORIEGBE V. OMOTESHO (1993) 1 KLR 38; (1993) 1 NWLR (PT. 270) 386

 

CLAIMS - Alternative Claims - Court cannot be shut out from considering an alternative claim - Because the main claim failed. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

CLAIMS - Counterclaim - No Reply thereto - Legal Implications. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

CLAIMS - Striking out - Counter claims - Striking out of plaintiff’s claim in its absence - Proceeding with counter claim on a different date - Without issuing hearing notice to plaintiff - Proceedings declared void. DAN HAUSA LTD. V. PANATRADE LTD. (1993) 8 KLR 106; (1993) 6 NWLR (PT. 298) 204

 

CLAIMS - Want of Proof - Claim for recovery of possession and account of rents - Two lower courts’ finding in favour of plaintiff - Set aside by the Supreme Court - For want of proof. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

COMPANY LAW - The common law rule in Foss v. Harbottle - When the 2nd exception thereto - Is held not to arise. ELUFIOYE V. HALILU (1993) 8 KLR 146; (1993) 6 NWLR (PT. 301) 570

 

COMPANY LAW - The Rule in Foss v. Harbottle - Trade Unions -Where plaintiffs’ complaints are against ultra vires act by the Company - The first exception to the Rule is deemed to arise. ELUFIOYE V. HALILU (1993) 8 KLR 146; (1993) 6 NWLR (PT. 301) 570

 

CONFLICT OF LAWS - Applicable Law - Chieftaincy Matters - How to determine the time cause of action arose - Towards ascertaining the Applicable Law. A-G KWARA STATE V. OLAWALE (1993) 2 KLR 136; (1993) 1 NWLR (PT. 272) 645

 

CONFLICT OF LAWS - Applicable Statute - Criminal Procedure -S.1 (2) of the Robbery and Firearms Decree 1970 under which charge was brought - And in force at time of the offence - Repealed and replaced by another statute - Statute in force at time of offence will be applicable. SELE V. THE STATE (1993) 1 KLR 19; (1993) 1 NWLR (PT. 269) 276

 

CONFLICT OF LAWS - Customary or Statutory law - Pleadings -Land Transactions - Failure to plead oral agreement - The written agreement pleaded - Forms the only basis for determining whether the transaction was under customary law or statutory law. KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

CONSTITUTIONAL LAW - Commencement - Provision making the commencement date of 1989 constitution to be 1/10/92 - Later amended by a Decree - The 1989 Constitution did not come into force - In view of the amendment. A - G ANAMBRA STATE V. A-G FEDERATION (1993) 9 KLR 156; (1993) 6 NWLR (PT. 302) 692

 

CONSTITUTIONAL LAW - Description - The Constitution - As the Organic Law that prescribes rights and powers - Any part thereof cannot be described as adjectival or procedural. ROSSEK V. A.C.B. LTD. (1993) 12 KLR 97; (1993) 8 NWLR (PT. 312) 382

 

CONSTITUTIONAL LAW - Fair Hearing - Dismissal of application without giving applicant the opportunity to address court -Tantamount to infringement of constitutional right to fair hearing. ADEYEMI V. Y.R.S. IKE-OLUWA & SONS LTD. (1993) 12 KLR 19; (1993) 8 NWLR (PT. 309) 27

 

CONSTITUTIONAL LAW - Fair hearing - Fundamental Human Rights - Master & Servant - Denial of Fair Hearing - Not enforced by the two lower courts - Intervention of the Supreme Court. ADENIYI V. YABA COTECH (1993) 10 KLR 1; (1993) 6 NWLR (PT. 300) 426

 

CONSTITUTIONAL LAW - Locus Standi - S.6 (6) (b) of the 1979 Constitution - Is not detrimentally affected by the rule in Foss v. Harbottle - As to deny locus standi to plaintiffs. ELUFIOYE V. HALILU (1993) 8 KLR 147; (1993) 6 NWLR (PT. 301) 570

 

CONSTITUTIONAL LAW - Modification - S.212 of the 1979 Constitution modified by a Decree - Is applicable in its modified and not original form. A - G ANAMBRA STATE V. A-G FEDERATION (1993) 9 KLR 156; (1993) 6 NWLR (PT. 302) 692

 

CONSTITUTIONAL LAW - Non compliance with Procedure - Non compliance with S. 33 (6) (a) of the 1979 Constitution - On informing accused of his offence - Renders the proceedings unconstitutional. EREKANURE V. THE STATE (1993) 6 KLR 180; (1993) 5 NWLR (PT. 294) 385

 

CONSTITUTIONAL LAW - Reference of questions - S. 259 (3) of the 1979 Constitution - That provides for reference of constitutional questions to the Supreme Court - Proper import thereof. ROSSEK V. A.C.B. LTD. (1993) 12 KLR 97; (1993) 8 NWLR (PT. 312) 382

 

CONSTITUTIONAL LAW - Torts - State Immunity in Torts under the 1963 Constitution - Is applicable - Where action was commenced before promulgation of the 1979 Constitution. ADIGUN V. AYINDE (1993) 12 KLR 201; (1993) 8 NWLR (PT. 313) 516

 

CONTEMPT OF COURT - Pendency of Motion - Committal for Contempt by the High Court - Whilst Application for stay was pending before the Court of Appeal - The granting of the Stay and bail to the Contemnors by Court of Appeal were proper MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254

 

CONTEMPT OF COURT - Stay of Proceedings - Appeals - Committal for Contempt of Court - Application for stay of proceedings - Where Sentence for contempt was not final - There is something to stay. MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254

 

CONTRACTS - Action for Breach of Contract - Where contract is held to be frustrated - Plaintiff is not entitled to damages for breach. MAZIN LTD. V. TOWER LTD. (1993) 7 KLR 78; (1993) 5 NWLR (PT. 295) 526

 

CONTRACTS - Arbitrator’s Award - Breach of Contract - Referred to an Arbitrator for determination - Refusal of Court to interfere with the Arbitrator’s award. TAYLOR WOODROW LTD. V. SUDDEUTSCHE GMBH (1993) 4 KLR 139; (1993) 4 NWLR (PT. 286) 127

 

CONTRACTS - Breach of Contract - Frustration - Breach cannot arise when there is frustration. MAZIN LTD. V. TOWER LTD. (1993) 7 KLR 78; (1993) 5 NWLR (PT. 295) 526

 

CONTRACTS - Breach of Contract - Termination of contract -Without complying with the provisions - Held to be a breach of contract. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

CONTRACTS - Building Contracts - Time - Submission that time is never of the essence in such contracts - Not correct. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

CONTRACTS - Building Contracts - Time - When time was not of the essence at inception of the contract or subsequently. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

CONTRACTS - Completion Date - Whether contract agreement was varied subsequently or stuck to by the parties - Where no completion date is stated in the agreement - Time for completion was not contemplated. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

CONTRACTS - Frustration - Circumstances under which a contract is deemed frustrated - When further performance of contract will be excused. MAZIN LTD. V. TOWER LTD. (1993) 7 KLR 78; (1993) 5 NWLR (PT. 295) 526

 

CONTRACTS - Frustration - Time for delivery - When not expressly stipulated - Implications. MAZIN LTD. V. TOWER LTD. (1993) 7 KLR 78; (1993) 5 NWLR (PT. 295) 526

 

CONTRACTS - Nature of Contract - Partly written and partly oral contract - When deduced from exhibited documents. MAZIN LTD. V. TOWER LTD. (1993) 7 KLR 78; (1993) 5 NWLR (PT. 295) 526

 

CONTRACTS - Parties to a contract - Plaintiff not a party - Certain clauses of the Agreement referring to Plaintiff - Plaintiff cannot maintain action based on the contract agreement. OJOMO V. INCAR NIG. LTD. (1993) 11 KLR 53; (1993) 7 NWLR (PT. 307) 534

 

CONTRACTS - Quantum meruit - Claim for breach of contract -Based on quantum meruit - Held not to arise. WARNER & WARNER LTD. V. F.H.A (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

CONTRACTS - Remedies - Successful proof of indebtedness - Will not be denied by virtue of pending counter claim. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

CONTRACTS - Specific Performance - Breach of Contract - What the Claimant must show - To be entitled to Specific Performance of the contract. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

CONTRACTS - Specific Performance - Breach of Contract for sale of Land - Legal view that damages cannot usually be adequate - Applied in granting specific Performance. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

CONTRACTS - Stipulation of Time - Legal conditions under which time is taken to be of the essence of a contract - Not present. MAZIN LTD. V. TOWER LTD. (1993) 7 KLR 78; (1993) 5 NWLR (PT. 295) 526

 

CONTRACTS - Termination of Contract - Without complying with the provisions - Such termination cannot be valid. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

CONTRACTS - Wrongful Termination of Contract - Award of Damages by the trial court set aside by the Court of Appeal - When restored in part by the Supreme Court. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

COURTS - Appeals - Dismissal of Appeal - Reliance by Court on ground not raised by Applicant - And not supported by evidence - To dismiss the appeal - Is not proper. OBOMHENSE V. ERHAHON (1993) 10 KLR 78; (1993) 7 NWLR (PT. 303) 22

 

COURTS - Burden of proof wrongly placed - Trial court stating that it is not convinced of accused persons’ innocence by their statement -Amounts to casting burden of proof on accused - Conviction set aside. ALABI V. THE STATE (1993) 10 KLR 147; (1993) 7 NWLR (PT. 307) 511

 

COURTS - Cause of Action - The court cannot create a cause of action -Where none exists. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

COURTS - Comments - Criminal Procedure - Comment by Trial Court - Not founded on evidence - Though not justified - When not fatal to Prosecution’s case. NJOKU V. THE STATE (1993) 8 KLR 60; (1993) 6 NWLR (PT. 299) 272

 

COURTS - Conducting Proceedings on a Saturday during normal court session - Is within the competence and compass of the trial court. ANIE V. UZORKA (1993) 12 KLR 1; (1993) 8 NWLR (PT. 309) 1

 

COURTS - Conflicting findings - Appeals - Court of Appeal’s finding that motion for dismissal of appeal was served on Appellant - Same Court cannot subsequently find the motion was not served. OLOWU V. ABOLORE (1993) 6 KLR 64; (1993) 5 NWLR (PT. 293) 255

 

COURTS - Decisions of Court - Not to be arrived at anyhow - But from court’s conclusions on facts. OYEYEMI V. IREWOLE L.G. (1993) 2 KLR 113; (1993) 1 NWLR (PT. 270) 462

 

COURTS - Disciplinary Power - Wrongful Execution - Execution levied during the pendency of Application - Court has disciplinary power and jurisdiction - To undo what has been done. FIRST AFRICAN TRUST BANK V. EZEGBU (1993) 7 KLR 1; (1993) 6 NWLR (PT. 297) 1

 

COURTS - Discretion - Appeals - Discretion of Court in the exercise of inherent and statutory powers - How validly done. OLOWU V. ABOLORE (1993) 6 KLR 64; (1993) 5 NWLR (PT. 293) 255

 

COURTS - Discretion - Appeals - Discretion of Court of Appeal - Exercised in refusing Prayer for Interlocutory Injunction - Altered by the Supreme Court - To avoid Injustice. IGWE V. KALU (1993) 4 KLR 33; (1993) 4 NWLR (PT. 285) 1

 

COURTS - Discretion - Appeals - Exercise of discretion by lower court -Will not be interfered with - Merely because the appellate court would have exercised the discretion differently. VINCENT STANDARD LTD. V. XTODEUS LTD. (1993) 7 KLR 128; (1993) 5 NWLR (PT. 296) 675

 

COURTS - Discretion - Application for Interlocutory Injunctions - Court’s Discretion - How to be exercised. OYEYEMI V. IREWOLE L.G. (1993) 2 KLR 113; (1993) 1 NWLR (PT. 270) 462

 

COURTS - Discretion - Interlocutory Injunctions - What must be considered in the exercise of Court’s discretion. OGBONNAYA V. ADAPALM LTD. (1993) 6 KLR 89; (1993) 5 NWLR (PT. 292) 147

 

COURTS - Discretion - Locus in quo - Court’s discretion to visit locus in quo - How to be exercised. AJAO V. ADIGUN (1993) 3 KLR 1; (1993) 3 NWLR (PT. 282) 389

 

COURTS - Discretion - Motion for Judgment - Discretion of trial court in refusing the prayer - Declared rightly exercised. NATIONAL BANK LTD. V. GUTHIRE LTD (1993) 3 KLR 1; (1993) 3 NWLR (PT. 284) 643

 

COURTS - Discretion - Motion for Judgment - Discretion of trial court in refusing the prayer - Declared rightly exercised. NATIONAL BANK LTD. V. GUTHIRE LTD (1993) 4 KLR 1; (1993) 3 NWLR (PT. 284) 643

 

COURTS - Discretion of Court - Exercise of Court of Appeal’s Discretion in dismissing appeal for want of prosecution - Things that the Court should take into consideration. AJAYI V. OMOREGBE (1993) 8 KLR 119; (1993) 6 NWLR (PT. 301) 512

 

COURTS - Duty - Interlocutory Injunctions - Prayer for injunction pending Appeal - Primary duty of Court is to preserve the res. IGWE V. KALU (1993) 4 KLR 33; (1993) 4 NWLR (PT. 285) 1

 

COURTS - Duty - Motions - Counsel’s mistake - Duty of Court - Is to ensure that Justice is not sacrificed at the altar of Technicalities. MOHAMMED V. OLAWUNMI (B) (1993) 5 KLR 37; (1993) 4 NWLR (PT. 288) 384

 

COURTS - Duty of Court - Is to resolve dispute between parties -And not to make a case for a party. BABALE V. ABDULKADIR (1993) 3 KLR 69; (1993) 3 NWLR (PT. 281) 253

 

COURTS - Evidence - A party abandoning his pleadings - Court cannot look for evidence from the other party. ADESANYA V. OTUEWU (1993) 1 KLR 142; (1993) 1 NWLR (PT. 270) 414

 

COURTS - Evidence - Court cannot suo motu admit evidence previously rejected by it. AGBAJE V. ADIGUN (1993) 1 KLR 1; (1993) 7 NWLR (PT. 269) 261

 

COURTS - Evidence - Impropriety of trial Judge sitting on appeal over his own decision - He cannot make use of a disputed document -previously rejected by him. AGBAJE V. ADIGUN (1993) 1 KLR 1; (1993) 7 NWLR (PT. 269) 261

 

COURTS - Evidence - Murder - Trial court did not speculate on the Evidence. DURU V. THE STATE (1993) 3 KLR 35; (1993) 3 NWLR (PT. 281) 283

 

COURTS - Explanation - Offer of explanation by trial court for contradictions in evidence - Not based on any evidence before it -Declared wrong. WANKEY V. THE STATE (1993) 7 KLR 52; (1993) 5 NWLR (PT. 295) 542

 

COURTS - Fair hearing - Court of Appeal - Dismissal of motion without hearing the applicant - Amounts to infringement of fair hearing - That renders the proceedings null and void. ADEYEMI V. Y.R.S. IKE-OLUWA & SONS LTD. (1993) 12 KLR 19; (1993) 8 NWLR (PT. 309) 27

 

COURTS - Favour - Steps that suggest favour to one side by the Judge - Contradicts principles of fair hearing. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

COURTS - Functus officio - Court of Appeal - After final determination of a matter - Becomes functus officio - And lacks jurisdiction over that matter. OLOWU V. ABOLORE (1993) 6 KLR 64; (1993) 5 NWLR (PT. 293) 255

 

COURTS - Inherent Powers of the Court - Dismissal of Action -Action that amounts to Abuse of Court’s Process - How to be dismissed. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

COURTS - Issues - Raising of an issue suo motu by the court -Without inviting counsel to address on the issue - Where no miscarriage of justice occurred - The decision will not be set aside. IKE V. UGBOAJA (1993) 9 KLR 62; (1993) 6 NWLR (PT. 301) 539.

 

COURTS - Jurisdiction - Area Courts’ Jurisdiction - Land situate in a particular area - Which of the Area Courts has jurisdiction - Under the applicable statute. MATARI V. DANGALADIMA (1993) 2 KLR; (1993) 3 NWLR (PT. 281) 266

 

COURTS - Making a case for either party - Land Dispute - Weakness of a case - Is not to be formulated by court and resolved in favour of one party. ODUBEKO V. FOWLER (1993) 11 KLR 106; (1993) 7 NWLR (PT. 308) 637

 

COURTS - Orders of Court - Making of an Order not sought by the Plaintiff - Where the order made is not ancillary to the claim - Such order will be set aside. LAYINKA V. GEGELE (1993) 4 KLR 51; (1993) 3 NWLR (PT. 283) 518

 

COURTS - Preliminary objections - Trial Judge’s comments - Where it goes far beyond what is required at that preliminary stage - It is not proper for same Judge to hear the substantive action. ELUFIOYE V. HALILU (1993) 8 KLR 147; (1993) 6 NWLR (PT. 301) 570

 

COURTS - Provisions of the Law and Procedure thereunder - Court to only act in accordance therewith. ADIGUN V. AYINDE (1993) 12 KLR 201; (1993) 8 NWLR (PT. 313) 516

 

COURTS - Rejection of Evidence - Wrongful rejection of Documentary Evidence - When it will make order for retrial inevitable. AJAO V. ADIGUN (1993) 3 KLR 1; (1993) 3 NWLR (PT. 282) 389

 

COURTS - Relief not claimed - Trial High Court - Consideration of only one issue - Granting a relief not claimed - The real action fifed has not been dealt with. OLUROTIMl V. IGE (1993) 12 KLR 80; (1993) 8 NWLR (PT. 311) 257

 

COURTS - Relief not sought - Grant thereof generally forbidden -But where a party is entitled to the relief in the circumstance -Different consideration given. FIRST AFRICAN TRUST BANK V. EZEGBU (1993) 7 KLR 1; (1993) 6 NWLR (PT. 297) 1

 

COURTS - Setting up of case - Breach of Contract - Failure of Plaintiffs case - Court not to set up another case for plaintiff - Where his case fails. OJOMO V. INCAR NIG. LTD. (1993) 11 KLR 53; (1993) 7 NWLR (PT. 307) 534

 

COURTS - Slip of pen - Court of Appeal - Where Trial Court by a slip of the pen records PW4 instead of PW3 - Court of Appeal can correct the slip. EGBOGHONOME V. THE STATE (1993) 11 KLR 1; (1993) 7 NWLR (PT. 306) 383

 

COURTS - Wrongful Dismissal of Claim - Trial Courts failure to consider an issue properly raised - Where it leads to wrongful dismissal of claim - Appellate Court’s intervention. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

CRIMINAL LAW - Armed Robbery - Good and cogent evidence linking accused to the robbery - Conviction was proper. UGWUMBA V. THE STATE (1993) 7 KLR 190; (1993) 5 NWLR (PT. 296) 660

 

CRIMINAL LAW - Confessions - Murder - Confession by accused that he committed the crime - When supported by facts of the case - Conviction proper. EGBOGHONOME V. THE STATE (1993) 11 KLR 1; (1993) 7 NWLR (PT. 306) 383

 

CRIMINAL LAW - Conflict of Laws -Armed Robbery - Law applicable at time of commission of crime - Repealed and replaced by another law at time of arraignment - Applicable law is the one valid at time of commission of the crime. SELE V. THE STATE (1993) 1 KLR 19; (1993) 1 NWLR (PT. 269) 276

 

CRIMINAL LAW - Culpable Homicide - Appeals - Discrepancies in evidence - Failure to prove the charge beyond doubt - Conviction set aside. NAMSOH V. THE STATE (1993) 6 KLR 125; (1993) 5 NWLR (PT. 292) 129

 

CRIMINAL LAW - Culpable Homicide punishable with death -Appellant found “guilty as charged” - Held to be the same as conviction for culpable homicide punishable with death. EJELIKWU V. THE STATE (1993) 11 KLR 146; (1993) 7 NWLR (PT. 307) 554

 

CRIMINAL LAW - Defence of Insanity - Burden on accused to be discharged on a balance of probabilities. NTITA V. THE STATE (1993) 3 KLR 11; (1993) 3 NWLR (PT. 283) 505

 

CRIMINAL LAW - Defence of Insanity - Epilepsy - No fits just before during and after the offence - Accused cannot be excused. GEORGE V. THE STATE (1993) 7 KLR 113; (1993) 6 NWLR (PT. 297) 41

 

CRIMINAL LAW - Defences - Murder - Defences open to an accused - When adequately considered by the two lower courts. AZU V. THE STATE (1993) 9 KLR 43; (1993) 6 NWLR (PT. 299) 303

 

CRIMINAL LAW - Insanity - Murder - Defence of Insanity - Burden of Proof rests on the accused. NTITA V. THE STATE (1993) 3 KLR 11; (1993) 3 NWLR (PT. 283) 505

 

CRIMINAL LAW - Miscarriage of justice - Trial Court misdirecting itself as to onus of proof - It is no longer necessary to show miscarriage of justice - Conviction is vitiated. ALABI V. THE STATE (1993) 10 KLR 147; (1993) 7 NWLR (PT. 307) 511

 

CRIMINAL LAW - Murder - Absence of evidence of cause of death -Accused withholding true circumstances of death - Court can presume accused killed the deceased. ARICHE V. THE STATE (1993) 10 KLR 44; (1993) 6 NWLR (PT. 302) 752

 

CRIMINAL LAW - Murder - Cause of Death - Prosecution must produce evidence to show that act of the accused caused the death. EMWENYA V. A-G BENDEL STATE (1993) 6 KLR 168; (1993) 6 NWLR (PT. 297) 29

 

CRIMINAL LAW - Murder - Cause of death - When proved by strong circumstantial evidence. AZU V. THE STATE (1993) 9 KLR 43; (1993) 6 NWLR (PT. 299) 303

 

CRIMINAL LAW - Murder - Defences - Issues of self defence, provocation, insanity, and standard of proof - Held to have been properly dealt with - By the two lower courts. WANKEY V. THE STATE (1993) 7 KLR 52; (1993) 5 NWLR (PT. 295) 542

 

CRIMINAL LAW - Murder - Defences - Self defence and Provocation - When consideration of the available evidence - Shows that the defences do not avail Accused. EHOT V. THE STATE (1993) 5 KLR 58; (1993) 4 NWLR (PT. 290) 644

 

CRIMINAL LAW - Murder - Defences - When Provocation, Accident and or Self Defence - Does not avail accused. DURU V. THE STATE (1993) 3 KLR 35; (1993) 3 NWLR (PT. 281) 283

 

CRIMINAL LAW - Murder - Evidence - Conviction by Trial Court -When Prosecution’s case is held proved beyond reasonable doubt. EHOT V. THE STATE (1993) 5 KLR 58; (1993) 4 NWLR (PT. 290) 644

CRIMINAL LAW - Murder - Evidence - What the Prosecution must prove - When declared proved. DURU V. THE STATE (1993) 3 KLR 35; (1993) 3 NWLR (PT. 281) 283

 

CRIMINAL LAW - Murder - Insanity - Defence of Insanity - When held to avail accused. OLADELE V. THE STATE (1993) 2 KLR 93; (1993) 1 NWLR (PT. 269) 294

 

CRIMINAL LAW - Murder - Mens rea - Severe application of matchet cut - Is tantamount to an intention to kill. GEORGE V. THE STATE (1993) 7 KLR 113; (1993) 6 NWLR (PT. 297) 41

 

CRIMINAL LAW - Murder - Self defence - Allegation of inadequate consideration thereof - Not sustainable. NJOKU V. THE STATE (1993) 8 KLR 60; (1993) 6 NWLR (PT. 299) 272

 

CRIMINAL LAW - Murder - Self defence - What accused must prove - So as to be entitled to self defence. NJOKU V. THE STATE (1993) 8 KLR 60; (1993) 6 NWLR (PT. 299) 272

 

CRIMINAL LAW - Presumption of Guilt - Presumption that accused is the perpetrator of the crime - The onus falls on him to rebut the presumption. KALU V. THE STATE (1993) 9 KLR 25; (1993) 6 NWLR (PT. 300) 385

 

CRIMINAL LAW - Provocation - Murder - Defence of Provocation - Held not available to the accused. AKALEZI V. THE STATE (1993) 3 KLR 132; (1993) 2 NWLR (PT. 273) 1

 

CRIMINAL LAW - Provocation - Murder - Defence of Provocation raised - Correct test to be employed - In considering elements of Provocation. DURU V. THE STATE (1993) 3 KLR 35; (1993) 3 NWLR (PT. 281) 283

 

CRIMINAL LAW - Provocation - Murder - Factors that should be considered on the issue of provocation - Defence of provocation held not to avail accused. EKPENYONG V. THE STATE (1993) 7 KLR 67; (1993) 5 NWLR (PT. 295) 513

 

CRIMINAL LAW - Provocation - Murder - Justified or unjustified desire for vengeance - Provocation cannot be grounded thereon. EKPENYONG V. THE STATE (1993) 7 KLR 67; (1993) 5 NWLR (PT. 295) 513

 

CRIMINAL LAW - Provocation - Murder - Misunderstanding between two brothers - When not enough to cause temporary loss of self control. GEORGE V. THE STATE (1993) 7 KLR 113; (1993) 6 NWLR (PT. 297) 41

 

CRIMINAL LAW - Provocation - Murder - What act is provocative - The test the court must apply - Factors that should be considered. EKPENYONG V. THE STATE (1993) 7 KLR 67; (1993) 5 NWLR (PT. 295) 513

 

CRIMINAL LAW - Rape - Evidence - Conviction for attempted rape - Admission of uncorroborated evidence of a child - Conviction is not proper. SAMBO V. THE STATE (1993) 9 KLR 1; (1993) 6 NWLR (PT. 300) 399

 

CRIMINAL LAW - Robbery - Identity of Accused - Substantial doubts thereto - To be resolved in favour of accused. ALABI V. THE STATE (1993) 10 KLR 147; (1993) 7 NWLR (PT. 307) 511

 

CRIMINAL LAW - Robbery - Violence - Situation of the victims helplessness - Amounts to threat of actual violence. OTTI V. THE STATE (1993) 6 KLR 1; (1993) 4 NWLR (PT. 290) 675

 

CRIMINAL LAW - Sanity - Presumption of Sanity - Every person is presumed to be of sound mind - Until the contrary is proved. OLADELE V. THE STATE (1993) 2 KLR 93; (1993) 1 NWLR (PT. 269) 294

 

CRIMINAL LAW - Self defence - Murder - No indication of an attack on the accused - The issue of self defence cannot arise. EKPENYONG V. THE STATE (1993) 7 KLR 67; (1993) 5 NWLR (PT. 295) 513

 

CRIMINAL LAW - Self Defence - Murder - Use of greater degree of force than was necessary - Issue of self defence rightly rejected. DURU V. THE STATE (1993) 3 KLR 35; (1993) 3 NWLR (PT. 281) 283

 

CRIMINAL LAW & PROCEDURE - Accident - Murder - Finding that accused intended harm but not grievous harm - The defence of accident will not avail. OLADIPUPO V. THE STATE (1993) 7 KLR 95; (1993) 6 NWLR (PT. 298) 131

 

CRIMINAL LAW & PROCEDURE - Alteration or amendment of charges -Armed Robbery - S.164 (1) of the Criminal Procedure Law -Failure to take fresh plea after the amendment of charge - Conviction on all counts or part thereof is not rendered invalid thereby - Save conviction on part thereof wherein no fresh plea was taken. ATTAH V. THE STATE (1993) 11 KLR 77; (1993) 7 NWLR (PT. 305) 257

 

CRIMINAL LAW & PROCEDURE - Burden of proof - Robbery - Prosecution’s Burden of Proof beyond reasonable doubt - How to be discharged. ALABI V. THE STATE (1993) 10 KLR 147; (1993) 7 NWLR (PT. 307) 511

 

CRIMINAL LAW & PROCEDURE - Identification - Robbery - Proof of identity of a robber not arrested at the scene of crime - Identity must be established by the Prosecution in order to succeed -Identification Parade is necessary. ALABI V. THE STATE (1993) 10 KLR 147; (1993) 7 NWLR (PT. 307) 511

 

CRIMINAL LAW & PROCEDURE - Insanity - Courts - Failure of Trial Court to comment on the issue of Epilepsy - No miscarriage of justice is occasioned thereby. GEORGE V. THE STATE (1993) 7 KLR 113; (1993) 6 NWLR (PT. 297) 41

 

CRIMINAL LAW & PROCEDURE - Provocation - Courts - Trial Court’s failure to consider provocation - Where retaliation is not proportionate to purported provocation - No miscarriage of justice is occasioned by the failure. GEORGE V. THE STATE (1993) 7 KLR 113; (1993) 6 NWLR (PT. 297) 41

 

CRIMINAL PROCEDURE - Accidental Slip - Culpable Homicide -Accidental slip by Trial Judge - Can be corrected by the appeal court. EJELIKWU V. THE STATE (1993) 11 KLR 146; (1993) 7 NWLR (PT. 307) 554

 

CRIMINAL PROCEDURE - Alibi - Appeals - Robbery - Defence of Alibi - Not raised in the Trial Court or Court of Appeal - Cannot be an issue before the Supreme Court. OTTI V. THE STATE (1993) 6 KLR 1; (1993) 4 NWLR (PT. 290) 675

 

CRIMINAL PROCEDURE - Armed Robbery - Accused person’s defence in denial of the charge - Held properly considered by the trial court. UGWUMBA V. THE STATE (1993) 7 KLR 190; (1993) 5 NWLR (PT. 296) 660

 

CRIMINAL PROCEDURE - Armed Robbery - Contradictions in evidence of prosecution witnesses - When will it be fatal. SELE V. THE STATE (1993) 1 KLR 19; (1993) 1 NWLR (PT. 269) 276

 

CRIMINAL PROCEDURE - Benefit of doubt - Criminal Justice demands that benefit of doubt - Be always resolved in favour of accused. NTITA V. THE STATE (1993) 3 KLR 11; (1993) 3 NWLR (PT. 283) 505

 

CRIMINAL PROCEDURE - Commencement of Trial - Armed Robbery - When is a trial deemed to be commenced. ASAKITIKPI V. THE STATE (1993) 7 KLR 153; (1993) 5 NWLR (PT. 296) 641

 

CRIMINAL PROCEDURE - Comment by Trial Court - Not founded on evidence – Though not justified - When not fatal to Prosecution’s case. NJOKU V. THE STATE (1993) 8 KLR 60; (1993) 6 NWLR (PT. 299) 272

 

CRIMINAL PROCEDURE - Consideration of Defence - Defence of an Accused - Should be considered by court however stupid or unreasonable. NTITA V. THE STATE (1993) 3 KLR 11; (1993) 3 NWLR (PT. 283) 505

 

CRIMINAL PROCEDURE - Contradictions - Evidence - Murder -Contradictions in evidence of two of the prosecution witnesses -When not fatal to prosecution’s case.

 

CRIMINAL PROCEDURE - Contradictory Defences - Murder -Defences raised by accused - Alleged to be contradictory or inconsistent - Adequate consideration of the defence will not be denied. OLADIPUPO V. THE STATE (1993) 7 KLR 95; (1993) 6 NWLR (PT. 298) 131

 

CRIMINAL PROCEDURE - Court Records - Judgment - Serious omission by trial court - To indicate that accused was present on the day of judgment - When trial will not be vitiated thereby. ASAKITIKPI V. THE STATE (1993) 7 KLR 153; (1993) 5 NWLR (PT. 296) 641

 

CRIMINAL PROCEDURE - Culpable Homicide - Conviction of accused by trial court - Appellate court’s finding of substantial discrepancies in evidence of prosecution - Retrial is not the proper order. NAMSOH V. THE STATE (1993) 6 KLR 125; (1993) 5 NWLR (PT. 292) 129

 

CRIMINAL PROCEDURE - Defences - Murder - Expressed or implied defences open to the accused - Whether trivial or not - Must be considered by the trial court. NJOKU V. THE STATE (1993) 8 KLR 60; (1993) 6 NWLR (PT. 299) 272

 

CRIMINAL PROCEDURE - Evidence - Admission of inadmissible evidence - Remaining admissible evidence enough to sustain conviction - Accused will not be acquitted. WANKEY V. THE STATE (1993) 7 KLR 52; (1993) 5 NWLR (PT. 295) 542

 

CRIMINAL PROCEDURE - Evidence - Conviction - Held to be based on evidence of eye witness - And not the fact that accused was seen running away from scene of crime. UGWUMBA V. THE STATE (1993) 7 KLR 190; (1993) 5 NWLR (PT. 296) 660

 

CRIMINAL PROCEDURE - Evidence - Proof beyond Reasonable Doubt - Not attained by number of witnesses called by Prosecution - It is dependent on quality of the evidence tendered. AKALEZI V. THE STATE (1993) 3 KLR 132; (1993) 2 NWLR (PT. 273) 1

 

CRIMINAL PROCEDURE - Evidence - Robbery charge - Declared proved beyond reasonable doubt. OTTI V. THE STATE (1993) 6 KLR 1; (1993) 4 NWLR (PT. 290) 675

 

CRIMINAL PROCEDURE - Expert witness - What prosecution must show - Before holding out a witness as an expert. AZU V. THE STATE (1993) 9 KLR 43; (1993) 6 NWLR (PT. 299) 303

 

CRIMINAL PROCEDURE - Fresh Trial - Murder - Issues to be considered in ordering a fresh trial. EREKANURE V. THE STATE (1993) 6 KLR 180; (1993) 5 NWLR (PT. 294) 385

 

CRIMINAL PROCEDURE - Identification Parade - What amounts to best Identification - Identification Parade is not necessary at all times. OTTI V. THE STATE (1993) 6 KLR 1; (1993) 4 NWLR (PT. 290) 675

 

CRIMINAL PROCEDURE - Inconsistency in confessions - Extra judicial confession of accused that is inconsistent with his testimony in court - Decided cases that set the precedent of disregarding both overruled - Accused found guilty of murder based on his confession. EGBOGHONOME V. THE STATE (1993) 11 KLR 1; (1993) 7 NWLR (PT. 306) 383

 

CRIMINAL PROCEDURE - Insanity - Confessional Statement - Where defence of Insanity is raised - It should be first dealt with - Before considering the confessional statement. OLADELE V. THE STATE (1993) 2 KLR 93; (1993) 1 NWLR (PT. 269) 294

 

CRIMINAL PROCEDURE - Interpretation of an act - Act capable of two interpretations - One most favourable to accused is preferred. OLADELE V. THE STATE (1993) 2 KLR 93; (1993) 1 NWLR (PT. 269) 294

 

CRIMINAL PROCEDURE - Material witnesses - Failure to call two material witnesses - Whose whereabouts was unknown at trial time - When not fatal to prosecution’s case. UGWUMBA V. THE STATE (1993) 7 KLR 190; (1993) 5 NWLR (PT. 296) 660

 

CRIMINAL PROCEDURE - Murder - Absence of medical evidence -Circumstance where medical evidence was not necessary as to cause of death - Prosecution’s case will stand. EMWENYA V. A-G BENDEL STATE (1993) 6 KLR 168; (1993) 6 NWLR (PT. 297) 29

 

CRIMINAL PROCEDURE - Murder - Proof of cause of Death - Is by evidence of eye witness or medical evidence if available. EMWENYA V. A-G BENDEL STATE (1993) 6 KLR 168; (1993) 6 NWLR (PT. 297) 29

 

CRIMINAL PROCEDURE - Murder - Proof of cause of death -Medical evidence is not sine qua non. AZU V. THE STATE (1993) 9 KLR 43; (1993) 6 NWLR (PT. 299) 303

 

CRIMINAL PROCEDURE - Non Compliance with Statute - Criminal Procedure Law S.215 - Trial Court’s failure to comply with that law as to manner of reading charge to accused - Legal Implications. EREKANURE V. THE STATE (1993) 6 KLR 180; (1993) 5 NWLR (PT. 294) 385

 

CRIMINAL PROCEDURE - Preliminary investigation - Culpable Homicide - Commencement of proceedings by Preliminary Investigation - Proceedings before the Magistrate forms part of the proceedings in the High Court. EJELIKWU V. THE STATE (1993) 11 KLR 146; (1993) 7 NWLR (PT. 307) 554

 

CRIMINAL PROCEDURE - Rape - Admission of evidence of a child - Without conducting the required tests - As to the child’s understanding of nature of an oath and the need to tell the truth -Effect thereof. SAMBO V. THE STATE (1993) 9 KLR 1; (1993) 6 NWLR (PT. 300) 399

 

CRIMINAL PROCEDURE - Robbery - Identification Parade - When unnecessary. UGWUMBA V. THE STATE (1993) 7 KLR 190; (1993) 5 NWLR (PT. 296) 660

 

CRIMINAL PROCEDURE - Statement of a witness to the police - Submission by accused that court ought to suo motu call for it - For purpose of contradicting that witness - Is not sustainable - Accused is not denied fair hearing thereby. SAMBO V. THE STATE (1993) 9 KLR 1; (1993) 6 NWLR (PT. 300) 399

 

CRIMINAL PROCEDURE - Trial within Trial - Confessional Statement of Accused - Voluntariness thereof - When trial within trial will be deemed unnecessary. EHOT V. THE STATE (1993) 5 KLR 58; (1993) 4 NWLR (PT. 290) 644

 

CRIMINAL PROCEDURE - Trials - Alleged delay in trial of accused pursuant to s. 33(4) of the 1979 Constitution - Is not sustainable -Fair hearing is not denied thereby. ASAKITIKPI V. THE STATE (1993) 7 KLR 153; (1993) 5 NWLR (PT. 296) 641

 

CRIMINAL PROCEDURE -Acquittal - Contradictions in evidence -An accused will not be acquitted in all cases because of contradictions in evidence. WANKEY V. THE STATE (1993) 7 KLR 52; (1993) 5 NWLR (PT. 295) 542

 

CUSTOMARY LAW - Conflict of Laws - Pleadings - Failure to plead oral agreement - The written agreement pleaded - Forms the only basis for determining whether the transaction was under customary law or statutory law. KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

CUSTOMARY LAW - Customary Tenancy - Proof thereof - Incidents attached to Customary Tenancy. KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

CUSTOMARY LAW - Substitution with Statute Law - Land Transaction Under Customary Law - May be subject to Statute Law where the parties so agree. KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

DAMAGES - Breach of Contract - Court unsure of required length of notice for determination of contract - Award of a year’s commission by same court for breach - Set aside as improper - Since such damages are based on length of notice. OJOMO V. INCAR NIG. LTD. (1993) 11 KLR 53; (1993) 7 NWLR (PT. 307) 534

 

DAMAGES - Calculation - Master & Servant - Wrongful termination of employment - How Damages are calculated. CHUKWUMAH V. SHELL PETROLEUM (1993) 5 KLR 93; (1993) 4 NWLR (PT. 289) 512

 

DAMAGES - Contracts - Appeals - Damages awarded by trial court -When part thereof will be varied by the appellate court - For being speculative. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

DAMAGES - Cross appeal - Quantum of Damages - To be challenged by cross appeal and not by Respondent’s Notice. OGUNBADEJO V. OWOYEMI (1993) 2 KLR 136; (1993) 1 NWLR (PT. 271) 517

 

DAMAGES - Trespass - Claim for Damages for Trespass against the State - By a tenant in possession after expiration of lease. Held sustainable. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

DAMAGES - Wrongful Dismissal - Claim for Damages - Based on length of time which Appellant would have served before retirement -Is not proper. OBOT V. C.B.N. (1993) 12 KLR 45; (1993) 8 NWLR (PT. 310) 140

 

DAMAGES - Wrongful Dismissal - General Damages - Appellant having been in service for 25 years - Where he was entitled to a month’s notice of termination - Held entitled to only one month salary - As General Damages. OBOT V. C.B.N. (1993) 12 KLR 45; (1993) 8 NWLR (PT. 310) 140

 

DECLARATIONS - Subsistence of Contract of Service - Wrongful Termination - No existence of special circumstances - Declaration that contract of service is still subsisting - Cannot be granted. CHUKWUMAH V. SHELL PETROLEUM (1993) 5 KLR 93; (1993) 4 NWLR (PT. 289) 512

 

ESTOPPEL - Blowing hot and cold - Communication of a particular state of affair to another party - Estoppel applies - To stop a party from blowing hot and cold. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

ESTOPPEL - Issue Estoppel - Appeals - Contempt of Court - Issue Estoppel - Principles Governing the Doctrine - When Issue Estoppel is held not to arise. MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254

 

ESTOPPEL - Issue Estoppel - Appeals - Contempt of Court - Where successive motions to stay the contempt proceedings failed on technical grounds and not on merit - Issue Estoppel is not applicable - To the successful motion. MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254

 

ESTOPPEL - Issue Estoppel - Motions - Court’s order striking out an action or appeal for non-compliance with court rules - Does not create Issue Estoppel. MOHAMMED V. OLAWUNMI (B) (1993) 5 KLR 37; (1993) 4 NWLR (PT. 288) 384

 

ESTOPPEL - Issue Estoppel - Where properly raised - Effect thereof. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

ESTOPPEL - Pleadings - No specific pleading of Estoppel by conduct - The Court of Appeal cannot raise it suo motu. ABISI V. EKWEALOR (1993) 9 KLR 99; (1993) 6 NWLR (PT. 302) 643

 

ESTOPPEL - Res Judicata - Where the Ingredients are not established - The Plea cannot be sustained. IBERO V. UME-OHANA (1993) 2 KLR 66; (1993) 2 NWLR (PT. 277) 510

 

EVIDENCE - Additional Evidence - Appeals - Application to lead additional evidence on lack of jurisdiction - Appellate Court is bound to consider such evidence that goes to the root of the matter. NWANEZIE V. IDRIS (1993) 3 KLR 48; (1993) 3 NWLR (PT. 279) 1

 

EVIDENCE - Additional Evidence - Application to give further evidence on appeal - Factors that must be considered. ANYIGOR V. OWATA (1993) 3 KLR 148; (1993) 2 NWLR (PT. 276) 380

 

EVIDENCE - Admissibility - Affidavit - Appeals - Objection to the admission of uncertified copies of Documents attached to affidavit - Raised on appeal - Not proper stage to raise such objection. VINCENT STANDARD LTD. V. XTODEUS LTD. (1993) 7 KLR 128; (1993) 5 NWLR (PT. 296) 675

 

EVIDENCE - Admissibility - Complaint against admissibility of document - Not raised at the proper stage - Is not of any substance. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

EVIDENCE - Admissibility - Courts - Suo motu admission during judgment - Of evidence previously rejected -Legal implications. AGBAJE V. ADIGUN (1993) 1 KLR 1; (1993) 1 NWLR (PT. 269) 261

 

EVIDENCE - Admissibility - Criminal Procedure - Admission of inadmissible evidence - Remaining admissible evidence enough to sustain conviction - Accused will not be acquitted. WANKEY V. THE STATE (1993) 7 KLR 52; (1993) 5 NWLR (PT. 295) 542

 

EVIDENCE - Admissibility - Evidence used to prove pleaded count in a charge - Would not be admissible - To prove the upleaded counts in that charge. ATTAH V. THE STATE (1993) 11 KLR 77; (1993) 7 NWLR (PT. 305) 257

 

EVIDENCE - Admissibility - Inadmissible Evidence - Whether objected or not objected to - Duty of the Judge is to exclude or reject it. HADA V. MALUMFASHI (1993) 10 KLR 102; (1993) 7 NWLR (PT. 303) 1

 

EVIDENCE - Admissibility - Land Law - Certified hand written copy of a typed document - When held to be admissible and sufficient proof of the execution of Deed of Conveyance. ODUBEKO V. FOWLER (1993) 11 KLR 106; (1993) 7 NWLR (PT. 308) 637

 

EVIDENCE - Admissibility - Libel - Documentary Evidence of libel incorporated in Tribunal of Inquiry’s Report - Is not admissible. OGUNBADEJO V. OWOYEMI (1993) 2 KLR 136; (1993) 1 NWLR (PT. 271) 517

 

EVIDENCE - Admissibility - Medical Report - Maker out of the country on a Course - The Report is admissible. EHOT V. THE STATE (1993) 5 KLR 58; (1993) 4 NWLR (PT. 290) 644

 

EVIDENCE - Admissibility of Documents - Inadmissible land agreement for non-registration - Will be admissible in proof of payment and gifts. ADESANYA V. OTUEWU (1993) 1 KLR 142; (1993) 1 NWLR (PT. 270) 414

 

EVIDENCE - Affidavit - Application for Extension of time to cross appeal - Alleged Documents and Authorities referred to in the Affidavit - Would be very essential. C.C.B. LTD. V. OGWURU (1993) 4 KLR 75; (1993) 3 NWLR (PT. 284) 630

 

EVIDENCE - Affidavit - Motion for Extension of Time to cross appeal - Affidavit Evidence held not to have explained reasons for the delay. C.C.B. LTD. V. OGWURU (1993) 4 KLR 75; (1993) 3 NWLR (PT. 284) 630

 

EVIDENCE - Armed Robbery - Counts in the charge framed against distinct acts - Evidence on each count could stand alone. ATTAH V. THE STATE (1993) 11 KLR 77; (1993) 7 NWLR (PT. 305) 257

 

EVIDENCE - Armed Robbery - Identification of accused - Variation in the victims’ accounts - Identification held not to be poorly made. ASAKITIKPI V. THE STATE (1993) 7 KLR 153; (1993) 5 NWLR (PT. 296) 641

 

EVIDENCE - Attestation - Confessional Statements - Where Superior Police Office who attested to the confession did not testify - It is not per se fatal to conviction. EGBOGHONOME V. THE STATE (1993) 11 KLR 1; (1993) 7 NWLR (PT. 306) 383

 

EVIDENCE - Burden of Proof - Agreement failing to indicate duration of appointment - Plaintiff suggesting duration - Onus of proof is on plaintiff. OJOMO V. INCAR NIG. LTD. (1993) 11 KLR 53; (1993) 7 NWLR (PT. 307) 534

 

EVIDENCE - Burden of Proof - Defence of insanity - Burden of Proof rests on the accused - To be discharged on a balance of probabilities. NTITA V. THE STATE (1993) 3 KLR 11; (1993) 3 NWLR (PT. 283) 505

 

EVIDENCE - Burden of Proof - Illiteracy - Mere plea of Illiteracy -Is not sufficient proof thereof. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

EVIDENCE - Burden of Proof - It is the duty of the Plaintiff to prove his case - And not to rely on weakness of the defence. OKO V. NTUKIDEM (1993) 3 KLR 114; (1993) 2 NWLR (PT. 274) 124

 

EVIDENCE - Burden of Proof - Land Dispute - Where burden of proof - Is undischarged - What the court should do - Is to dismiss the claim. ADESANYA V. OTUEWU (1993) 1 KLR 142; (1993) 1 NWLR (PT. 270) 414

 

EVIDENCE - Burden of Proof - Land Matters - Claim for title -Burden of Proof lies on the Plaintiff - What Plaintiff must prove. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

EVIDENCE - Burden of Proof - Murder - What Prosecution must prove. DURU V. THE STATE (1993) 3 KLR 35; (1993) 3 NWLR (PT. 281) 283

 

EVIDENCE - Burden of Proof - Rests on Plaintiff to prove his case - Plaintiff must rely on the strength of his case - Not on the weakness of the Defence. KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

EVIDENCE - Burden of proof - Robbery - Prosecution’s Burden of Proof beyond reasonable doubt - How to be discharged. ALABI V. THE STATE (1993) 10 KLR 147; (1993) 7 NWLR (PT. 307) 511

 

EVIDENCE - Cause of Action - Master & Servant - Document sought to be tendered in proof of Joint Venture Agreement - Where not incorporated into the Contract of Service - Gives no cause of action to Plaintiff/Appellant. CHUKWUMAH V. SHELL PETROLEUM (1993) 5 KLR 93; (1993) 4 NWLR (PT. 289) 512

 

EVIDENCE - Circumstantial Evidence - When cogent and compelling enough - To ground conviction for Murder. KALU V. THE STATE (1993) 9 KLR 25; (1993) 6 NWLR (PT. 300) 385

 

EVIDENCE - Confessions - Criminal procedure - Extrajudicial confession of accused inconsistent with his testimony in court - Both should not be disregarded. EGBOGHONOME V. THE STATE (1993) 11 KLR 1; (1993) 7 NWLR (PT. 306) 383

 

EVIDENCE - Confessions - Murder - Confession by accused that he committed the crime - When facts of the case are held to bear out the confession. EGBOGHONOME V. THE STATE (1993) 11 KLR 1; (1993) 7 NWLR (PT. 306) 383

 

EVIDENCE - Conflict Resolution - Affidavit of both sides - Conflict therein - How properly resolved. FIRST AFRICAN TRUST BANK V. EZEGBU (1993) 7 KLR 1; (1993) 6 NWLR (PT. 297) 1

 

EVIDENCE - Contradictions - Alleged contradictions in evidence of prosecution seen as mere discrepancies - Not fatal to prosecution’s case - Because it goes to no issue. SELE V. THE STATE (1993) 1 KLR 19; (1993) 1 NWLR (PT. 269) 276

 

EVIDENCE - Contradictions - Criminal Procedure - Allegation of Contradictions in evidence of the prosecution - Held not sustainable. NJOKU V. THE STATE (1993) 8 KLR 60; (1993) 6 NWLR (PT. 299) 272

 

EVIDENCE - Contradictions - Murder - Contradictions in the defence evidence - Disregarding of the entire defence by trial court - Is proper. ARICHE V. THE STATE (1993) 10 KLR 44; (1993) 6 NWLR (PT. 302) 752

 

EVIDENCE - Contradictions - Statement of a witness to the Police -Additional explanation thereto during evidence in court - Is not contradictory. KALU V. THE STATE (1993) 9 KLR 25; (1993) 6 NWLR (PT. 300) 385

 

EVIDENCE - Contradictions in Evidence - That did not affect credibility of witness - Such contradictions can be ignored by the court. EGBOGHONOME V. THE STATE (1993) 11 KLR 1; (1993) 7 NWLR (PT. 306) 383

 

EVIDENCE - Contradictions in evidence - Trial Judge’s speculative findings - Is not capable of curing the unreliability of such evidence. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

EVIDENCE - Corroboration - Conviction for attempted rape -Admission of uncorroborated evidence of a child - Conviction is not proper. SAMBO V. THE STATE (1993) 9 KLR 1; (1993) 6 NWLR (PT. 300) 399

 

EVIDENCE - Credibility - Criminal Procedure - Evidence of one credible witness - Can establish a case beyond reasonable doubt. AKALEZI V. THE STATE (1993) 3 KLR 132; (1993) 2 NWLR (PT. 273) 1

 

EVIDENCE - Custom - Judicial Notice of Custom - When alleged custom is not notorious - To warrant taking judicial notice of it. OKO V. NTUKIDEM (1993) 3 KLR 114; (1993) 2 NWLR (PT. 274) 124

 

EVIDENCE - Damages - Contracts - Award of aspect of Damages by the Trial Court - Not based on evidence - Not proper. WARNER & WARNER LTD. V. F.HA. (1993) 8 KLR 1

 

EVIDENCE - Discrepancies - Appeals - Substantial Discrepancies in evidence of prosecution - Legal Implications. NAMSOH V. THE STATE (1993) 6 KLR 125; (1993) 5 NWLR (PT. 292) 129

 

EVIDENCE - Documentary Evidence - Contract for Sale of Land - Purchase Receipt tendered - Purpose thereof. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

EVIDENCE - Documentary Evidence - Disputed document rejected by court - Court cannot suo motu make use of it - In its judgment. AGBAJE V. ADIGUN (1993) 1 KLR 1; (1993) 7 NWLR (PT. 269) 261

 

EVIDENCE - Documentary Evidence - Land Law - Certified true copy of a conveyance and a registered instrument - No basis for the finding that the documents created doubt. ODUBEKO V. FOWLER (1993) 11 KLR 106; (1993) 7 NWLR (PT. 308) 637

 

EVIDENCE - Documentary Evidence - Land matters - Documents transferring Abandoned Property - Coupled with Gazette Notice confirming the transfer - Are sufficient proof that the house in dispute was an abandoned property. IGBONGIDI V. UMELO (1993) 12 KLR 70; (1993) 8 NWLR (PT. 310) 130

 

EVIDENCE - Documentary evidence - Land matters - When tendered documents - Are held to be of no adequate value - To have settled land boundaries. ABISI V. EKWEALOR (1993) 9 KLR 99; (1993) 6 NWLR (PT. 302) 643

 

EVIDENCE - Documentary Evidence - Land Transactions - Failure to tender the Agreement specifically relied upon-Legal Implications. KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

EVIDENCE - Documentary Evidence - Libel - What Plaintiff must tender - In proof of alleged Libel. OGUNBADEJO V. OWOYEMI (1993) 2 KLR 136; (1993) 1 NWLR (PT. 271) 517

 

EVIDENCE - Documentary Evidence - Where Document has no probative value - Implications of reliance thereon. OKO V. NTUKIDEM (1993) 3 KLR 114; (1993) 2 NWLR (PT. 274) 124

 

EVIDENCE - Documentary evidence of past judgment - Where parties in the judgment are different from those of the present case -The document was not properly admitted. ABISI V. EKWEALOR (1993) 9 KLR 99; (1993) 6 NWLR (PT. 302) 643.

 

EVIDENCE - Exhibits - Trial court’s reliance on exhibit - That has no probative value - Held to be improper. OKO V. NTUKIDEM (1993) 3 KLR 114; (1993) 2 NWLR (PT. 274) 124

 

EVIDENCE - Expert witness - Failure of prosecution to establish that a witness is an expert - No cross examination of the witness - When prima facie factors that will qualify a witness as an expert - Are held to be applicable. AZU V. THE STATE (1993) 9 KLR 43; (1993) 6 NWLR (PT. 299) 303

 

EVIDENCE - Expert Witness - How to qualify as one - Who determines whether a witness is an expert. AZU V. THE STATE (1993) 9 KLR 43; (1993) 6 NWLR (PT. 299) 303

 

EVIDENCE - Failure to adduce evidence - In support of a vital issue - Trial court’s finding without evidence was erroneous. AJUWON V. AKANNI (1994) 1 KLR 129; (1993) 9 NWLR (PT. 316) 182

 

EVIDENCE - Family Land - Claim based mainly on exclusive title and possession - Need to prove partition. ADESANYA V. OTUEWU (1993) 1 KLR 142; (1993) 1 NWLR (PT. 270) 414

 

EVIDENCE - Hearsay - Criminal Procedure - Testimony of two prosecution witnesses - Is not hearsay - Merely because they were not present at scene of crime. UGWUMBA V. THE STATE (1993) 7 KLR 190; (1993) 5 NWLR (PT. 296) 660

 

EVIDENCE - Identification - Robbery - Evidence of a lone witness as to denied purported identification parade - Is not sufficient to ground conviction. ALABl V. THE STATE (1993) 10 KLR 147; (1993) 7 NWLR (PT. 307) 511

 

EVIDENCE - Identification - Robbery - What amounts to best identification of the accused. OTTI V. THE STATE (1993) 6 KLR 1; (1993) 4 NWLR (PT. 290) 675

 

EVIDENCE - Insanity - Murder - Defence of Insanity - Evidence of Prosecution witnesses - As to abnormality in accused person’s behaviour - Relied upon in holding that insanity is established. NTITA V. THE STATE (1993) 3 KLR 11; (1993) 3 NWLR (PT. 283) 505

 

EVIDENCE - Islamic Law - Evidence of a near relative - Conditions for its admissibility. HADA V. MALUMFASHI (1993) 10 KLR 102; (1993) 7 NWLR (PT. 303) 1

 

EVIDENCE - Judicial Notice - List of items under S. 73 of the Evidence Act - Of which judicial notice should be taken - Is not exhaustive. OKO V. NTUKIDEM (1993) 3 KLR 114; (1993) 2 NWLR (PT. 274) 124

 

EVIDENCE - Land Matters - Surveyor’s Evidence - Where there was nothing relating Exhibit to the Land in Dispute - Surveyor’s Evidence was necessary. OKO V. NTUKIDEM (1993) 3 KLR 114; (1993) 2 NWLR (PT. 274) 124

 

EVIDENCE - Material witnesses - Criminal Procedure - Failure to call two material witnesses - Whose whereabouts was unknown at trial time - When not fatal to prosecution’s case. UGWUMBA V. THE STATE (1993) 7 KLR 190; (1993) 5 NWLR (PT. 296) 660

 

EVIDENCE - Material Witnesses - Non availability of witnesses that have died - Existence of cogent evidence in proof of plaintiff’s title to vehicle – Plaintiff’s claim should succeed. C.O.P. V. OGUNTAYO (1993) 8 KLR 92; (1993) 6 NWLR (PT. 299) 259

 

EVIDENCE - Medical evidence - Culpable Homicide - Other evidence of cause of death cogent and conclusive - Court can conclude cause of death even without medical evidence. EJELIKWU V. THE STATE (1993) 11 KLR 146; (1993) 7 NWLR (PT. 307) 554

 

EVIDENCE - Medical Evidence - Murder - Identification of body of deceased - Inconclusive due to absence of identifier - Where cause of death can be inferred without medical evidence - Absence of identifier is not fatal to prosecution’s case. EGBOGHONOME V. THE STATE (1993) 11 KLR 1; (1993) 7 NWLR (PT. 306) 383

 

EVIDENCE - Medical Evidence - Murder - Proof of cause of death -Existence of special circumstances - Absence of medical evidence -Not fatal to Prosecutions case. EMWENYA V. A-G BENDEL STATE (1993) 6 KLR 168; (1993) 6 NWLR (PT. 297) 29

 

EVIDENCE - Medical evidence - which is not certain - sought to be used as corroboration for evidence of a child - Not possible. SAMBO V. THE STATE (1993) 9 KLR 1; (1993) 6 NWLR (PT. 300) 399

 

EVIDENCE - Mortgages - How proved in Evidence - In land matters. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

EVIDENCE - Murder - Admission of death of deceased by accused -Withholding of the account of the death - When onus is on accused to give such account - Accused is presumed to have killed the deceased. ARICHE V. THE STATE (1993) 10 KLR 44; (1993) 6 NWLR (PT. 302) 752

 

EVIDENCE - Murder - Cause of Death - Admitted Medical Certificate - Held to have clearly shown cause of death. EHOT V. THE STATE (1993) 5 KLR 58; (1993) 4 NWLR (PT. 290) 644

 

EVIDENCE - Murder - Circumstantial evidence - When strong enough to establish cause of death. AZU V. THE STATE (1993) 9 KLR 43; (1993) 6 NWLR (PT. 299) 303

 

 

EVIDENCE - Murder - Contradictions in evidence of two of the prosecution witnesses - When not fatal to prosecution’s case. WANKEY V. THE STATE (1993) 7 KLR 52; (1993) 5 NWLR (PT. 295) 542

 

EVIDENCE - Murder - Evidence of the Doctor that performed post mortem - when to be relied upon in inferring cause of Death. KALU V. THE STATE (1993) 9 KLR 25; (1993) 6 NWLR (PT. 300) 385.

 

EVIDENCE - Murder - Medical attention - Submission that deceased could not have died if given immediate medical attention - Not based on any evidence - Proper stage to lay foundation for such submission. GEORGE V. THE STATE (1993) 7 KLR 113; (1993) 6 NWLR (PT. 297) 41

 

EVIDENCE - Murder - No evidence of past aggressiveness of deceased - Claim that attack on the sleeping deceased was preemptive - Cannot be justifiable. NJOKU V. THE STATE (1993) 8 KLR 60; (1993) 6 NWLR (PT. 299) 272

 

EVIDENCE - Murder - No material contradictions in evidence -Conviction will not be vitiated. AZU V. THE STATE (1993) 9 KLR 43; (1993) 6 NWLR (PT. 299) 303

 

EVIDENCE - Murder - Provocation - Evidence of premeditated intention to kill or inflict hurt - Is not consistent with the defence of provocation. EKPENYONG V. THE STATE (1993) 7 KLR 67; (1993) 5 NWLR (PT. 295) 513

 

EVIDENCE - Murder - Unequivocal Evidence pointing to accused as the only one with deceased up to her death - Such evidence is sufficient to ground conviction. ARICHE V. THE STATE (1993) 10 KLR 44; (1993) 6 NWLR (PT. 302) 752

 

EVIDENCE - Not based on facts pleaded - Where Evidence led is not based on facts pleaded - Such evidence goes to no issue. ADESANYA V. OTUEWU (1993) 1 KLR 142; (1993) 1 NWLR (PT. 270) 414

 

EVIDENCE - Pleadings - Breach of Contract - Custom of Trade -Evidence of custom of trade not pleaded - Is not admissible. OJOMO V. INCAR NIG. LTD. (1993) 11 KLR 53; (1993) 7 NWLR (PT. 307) 534

 

EVIDENCE - Presumption of ownership - Where plaintiffs evidence of purchase of vehicle was not challenged - And plaintiff is in possession - Presumption of ownership applies until the contrary is proved. C.O.P. V. OGUNTAYO (1993) 8 KLR 92; (1993) 6 NWLR (PT. 299) 259

 

EVIDENCE - Presumption of Sanity - Evidence of the Doctor that treated the accused person as to her insanity - Presumption of sanity is rebutted thereby. OLADELE V. THE STATE (1993) 2 KLR 93; (1993) 1 NWLR (PT. 269) 294

 

EVIDENCE - Proof beyond doubt - Criminal Procedure - Mixups and contradiction in prosecution’s evidence - Failure to establish the charge of Culpable Homicide beyond doubt - Declared fatal to the entire case. NAMSOH V. THE STATE (1993) 6 KLR 125; (1993) 5 NWLR (PT. 292) 129

 

EVIDENCE - Proof of Insanity - Rests on the Defence - Onus is discharged on a balance of probabilities. OLADELE V. THE STATE (1993) 2 KLR 93; (1993) 1 NWLR (PT. 269) 294

 

EVIDENCE - Provocation - Failure to adduce positive and credible evidence - Defence of provocation does not avail accused. AKALEZI V. THE STATE (1993) 3 KLR 132; (1993) 2 NWLR (PT. 273) 1

 

EVIDENCE - Provocation - Murder - Where there is no evidence of any act of provocation - The defence will not avail the accused. OLADIPUPO V. THE STATE (1993) 7 KLR 95; (1993) 6 NWLR (PT. 298) 131

 

EVIDENCE - Reliance on Defence Weakness - Land dispute - Claim for title - Failure to establish the claim - It is not possible to succeed on the weakness of the defence. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

EVIDENCE - Res judicata - Different parties names in the two suits -No evidence showing the two names to be one - Res judicata is not proved. IKE V. UGBOAJA (1993) 9 KLR 62; (1993) 6 NWLR (PT. 301) 539.

 

EVIDENCE - Res Judicata - Raised by the Respondent - Vital admissions by his witnesses - Held to be a reinforcement of Appellant’s case - That the parties are not the same. IBERO V. UME-GHANA (1993) 2 KLR 66

 

EVIDENCE - Sharia Law - Admission - Conditions for its enforceability -Alleged admission in this case is not clear and unambiguous. HADA V. MALUMFASHI (1993) 10 KLR 102; (1993) 7 NWLR (PT. 303) 1

 

EVIDENCE - Shifting of Burden of Proof - From plaintiff to defendant and vice versa - Where plaintiff has discharged his burden - Burden of proof shifts to defendant. C.O.P. V. OGUNTAYO (1993) 8 KLR 92; (1993) 6 NWLR (PT. 299) 259.

 

EVIDENCE - Shifting of Burden of Proof - Negligence - Onus of proof on the plaintiff - Where res ipsa loquitor is applicable - Stage at which onus of proof shifts to Defendant. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

EVIDENCE - Strength of case - Land Matters - Plaintiff shall rely on the strength of his own case - Not on the weakness of the defence. IKE V. UGBOAJA (1993) 9 KLR 62; (1993) 6 NWLR (PT. 301) 539

 

EVIDENCE - Tainted witness - Murder - Conviction based on the uncorroborated evidence of a tainted witness - When to be sustained by the Supreme Court EMWENYA V. A-G BENDEL STATE (1993) 6 KLR 168; (1993) 6 NWLR (PT. 297) 29

 

EVIDENCE - Wrongful Rejection - Practice & Procedure - Wrongful rejection of evidence by court - Decision reviewed and Trial de novo ordered. AJAO V. ADIGUN (1993) 3 KLR

 

EVIDENCE - Wrongful rejection of Evidence - Does not lead to reversal of Judgment in all cases. A-G KWARA STATE V. OLAWALE (1993) 2 KLR 136; (1993) 1 NWLR (PT. 272) 645

 

EVIDENCE - Variation - Title to Land - Evidence of purported original owner of house - At variance with purported document of sale - The said purported owner has no dependable root of title IGBONGIDI V. UMELO (1993) 12 KLR 70; (1993) 8 NWLR (PT. 310) 130

 

FAIR HEARING - Burden of proof - Trial Court - Improper casting of burden of proof on accused - Amounts to a breach of right to fair hearing. ALABI V. THE STATE (1993) 10 KLR 147; (1993) 7 NWLR (PT. 307) 511

 

FAIR HEARING - Dismissal of Application without giving applicant opportunity to address court - Amounts to denial of fair hearing - Proceedings rendered a nullity thereby. ADEYEMI V. Y.R.S. IKE-OLUWA & SONS LTD. (1993) 12 KLR 19; (1993) 8 NWLR (PT. 309) 27

 

FAIR HEARING - Information about offence - Criminal Procedure - Non compliance with S. 33 (6) (a) of the 1979 Constitution - On informing accused of his offence - Fair hearing denied thereby. EREKANURE V. THE STATE (1993) 6 KLR 180; (1993) 5 NWLR (PT. 294) 385

 

FAIR HEARING - Interlocutory Applications - Alleged Denial of fair hearing in not being given adequate time to file counter affidavit - Declared not substantiated from the records. FIRST AFRICAN TRUST BANK V. EZEGBU (1993) 7 KLR 1; (1993) 6 NWLR (PT. 297) 1

 

FAIR HEARING - Master & Servant - Compulsory Retirement - Without confronting Appellant with the accusation - Fair hearing denied - Retirement declared ultra vires and void. ADENIYI V. YABA COTECH (1993) 10 KLR 1; (1993) 6 NWLR (PT. 300) 426

 

FAIR HEARING - Termination of Employment - Proceedings before a Disciplinary Committee - When held to be an infringement of principles of fair hearing. OBOT V. C.B.N. (1993) 12 KLR 45; (1993) 8 NWLR (PT. 310) 140

 

IDENTIFICATION PARADE - Robbery - Good and cogent evidence linking accused to the robbery - Formal identification parade absolutely unnecessary. UGWUMBA V. THE STATE (1993) 7 KLR 190; (1993) 5 NWLR (PT. 296) 660

 

ILLITERACY - Lack of Evidence - Plea of Illiteracy - Effectively rebutted by the Appellant - Lower courts’ finding of Illiteracy - Held not supported by adduced evidence. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

ILLITERACY - Mere Plea - Evidence - Pleadings - Mere plea of Illiteracy - Is not sufficient proof thereof. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

ILLITERACY - Pleadings - Party wishing to rely on illiteracy - Must Plead and lead evidence in proof of that fact. KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

INTERLOCUTORY APPLICATIONS - Additional Evidence Appeals - Application for leave to adduce additional evidence c appeal - Attitude of Court thereto. NWANEZIE V. IDRIS (1993) 3 KLR 48; (1993) 3 NWLR (PT. 279) 1

 

INTERLOCUTORY APPLICATIONS - Amendment - Purpose of Grounds of Appeal - Prayer to amend and file additional grounds -Is to be allowed in the interest of justice where expedient. NWANKWO V. NWANKWO (1993) 7 KLR 37; (1993) 5 NWLR (PT. 293) 281

 

INTERLOCUTORY APPLICATIONS - Jurisdiction - Appeals -Application to lead additional evidence on appeal to show lack of Jurisdiction - Exercise of court’s discretion - Application rightly granted. NWANEZIE V. IDRIS (1993) 3 KLR 48; (1993) 3 NWLR (PT. 279) 1

 

INTERLOCUTORY APPLICATIONS - Stay of Execution - Court’s Discretion in Staying of execution of costs not specifically prayed for -Not wrongful exercise of discretion. VINCENT STANDARD LTD. V. XTODEUS LTD. (1993) 7 KLR 128; (1993) 5 NWLR (PT. 296) 675

 

INTERLOCUTORY APPLICATIONS - Stay of Execution - Refused by trial court - But granted by Court of Appeal - Existence of Substantial grounds of appeal or special circumstance - That justified the grant. VINCENT STANDARD LTD. V. XTODEUS LTD. (1993) 7 KLR 128; (1993) 5 NWLR (PT. 296) 675

 

INTERLOCUTORY APPLICATIONS - Stay of Execution - Where first reason for the grant is untenable - But the second reason is sustainable - The grant will not be set aside. VINCENT STANDARD LTD. V. XTODEUS LTD. (1993) 7 KLR 128; (1993) 5 NWLR (PT. 296) 675

 

INTERLOCUTORY APPLICATIONS - Stay of Execution - Application to stay Supreme Courts earlier judgment pending determination of a new claim - Possible denial of successful party’s right to its victory - Such application will not be granted. A.C.B. LTD. V. OBMIAMIA LTD. (1993) 6 KLR 143; (1993) 5 NWLR (PT. 294) 399

 

INTERLOCUTORY APPLICATIONS - Stay of Execution during the pendency of properly served motion for stay - Refusal of Trial Court to set aside the execution - When appellate Court will intervene. FIRST AFRICAN TRUST BANK V. EZEGBU (1993) 7 KLR 1; (1993) 6 NWLR (PT. 297) 1

 

INTERLOCUTORY APPLICATIONS - Stay of proceedings - Appeals - Court - Where successive motions to stay the contempt proceedings failed on technical grounds and not on merit - Pendency of a valid motion before Court of Appeal - Trial court’s sentence for contempt passed - Legal Implications. MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254

 

INTERLOCUTORY APPLICATIONS - Stay of proceedings application - Contempt of court - Where sentence for contempt by trial court was not final - Court of Appeal has something to stay. MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254

 

INTERLOCUTORY APPLICATIONS - Striking out - Motion to strike out appeal - Reliance on the provisions of a Decree in urging that a pending appeal be retrospectively struck out - Possible Deprivation of accrued rights - What the court will do. UDOH V. ORTHOPAEDIC HOSPITALS (1993) 10 KLR 67; (1993) 7 NWLR (PT. 304) 139

 

INTERLOCUTORY APPLICATIONS - Striking out - Motion to strike out appeal - Before the Supreme Court - On ground of abatement of High Court’s Judgment - Pursuant to promulgation of a Decree -When not sustainable. UDOH V. ORTHOPAEDIC HOSPITALS (1993) 10 KLR 67; (1993) 7 NWLR (PT. 304) 139

 

INTERLOCUTORY APPLICATIONS - Vague Prayer - Supreme Court - Motion to amend and file additional grounds of appeal -Attitude of Court to vague Prayer. NWANKWO V. NWANKWO (1993) 7 KLR 37; (1993) 5 NWLR (PT. 293) 281

 

INTERLOCUTORY APPLICATIONS - Amendment - Supreme Court - Application for leave to amend Notice of Appeal - And extension of time within which to appeal - When to be granted. NWANKWO V. NWANKWO (1993) 7 KLR 37; (1993) 5 NWLR (PT. 293) 281

 

INTERLOCUTORY INJUNCTIONS - Chieftaincy Matters -Application to restrain installation of Traditional Ruler - Pending Determination of Appeal - When not to be granted. OYEYEMI V. IREWOLE L.G. (1993) 2 KLR 113; (1993) 1 NWLR (PT. 270) 462

 

INTERLOCUTORY INJUNCTIONS - Conditions for the Grant - Where Applicant will be adequately compensated in damages - And Respondent has already committed the act - Injunction will not be granted. OGBONNAYA V. ADAPALM LTD. (1993) 6 KLR 89; (1993) 5 NWLR (PT. 292) 147

 

INTERLOCUTORY INJUNCTIONS - Entrance upon land - Application to restrain a party from entering the land in dispute -Where the land has already been entered - The application will not be granted. OGBONNAYA V. ADAPALM LTD. (1993) 6 KLR 89; (1993) 5 NWLR (PT. 292) 147

 

INTERLOCUTORY INJUNCTIONS - Exercise of Court’s Discretion - Regard must be had to the strength of the claim vis-à-vis the Defence. OGBONNAYA V. ADAPALM LTD. (1993) 6 KLR 89; (1993) 5 NWLR (PT. 292) 147

 

INTERLOCUTORY INJUNCTIONS - Object of Interlocutory Injunctions - What the Applicant must establish - When the Application will be refused. OGBONNAYA V. ADAPALM LTD. (1993) 6 KLR 89; (1993) 5 NWLR (PT. 292) 147

 

INTERLOCUTORY INJUNCTIONS - Prevention of Alienation - Land Matters - Application to prevent the Respondents from alienating the Land in dispute pending Appeal - Towards preservation of the res - Application granted. IGWE V. KALU (1993) 4 KLR 33; (1993) 4 NWLR (PT. 285) 1

 

INTERLOCUTORY INJUNCTIONS - Status Quo - Purpose of Order to maintain status quo - What Applicant must show in order to succeed. OYEYEMI V. IREWOLE L.G. (1993) 2 KLR 113; (1993) 1 NWLR (PT. 270) 462

 

INTERLOCUTORY INJUNCTIONS - Court’s pronouncement - That tends to prejudge the main issue - Legal implications. OGBONNAYA V. ADAPALM LTD. (1993) 6 KLR 89; (1993) 5 NWLR (PT. 292) 147

 

INTERPRETATION OF STATUTES - Absurdity - Dismissal of an appeal - Court of Appeal Rules 1981 0.6 r. 2 - Where ordinary plain words will be absurd - What the court will do. OBOMHENSE V. ERHAHON (1993) 10 KLR 78; (1993) 7 NWLR (PT. 303) 22

 

INTERPRETATION OF STATUTES - Clear and unambiguous words - To be given their ordinary meaning - Mischief aimed at by the provision - To be explained - Without changing the words of the law maker. OBOMHENSE V. ERHAHON (1993) 10 KLR 78; (1993) 7 NWLR (PT. 303) 22

 

INTERPRETATION OF STATUTES - Clear and unambiguous words of a statute - To be given effect. UDOH V. ORTHOPAEDIC HOSPITALS (1993) 10 KLR 67; (1993) 7 NWLR (PT. 304) 139

 

INTERPRETATION OF STATUTES - Construction - Land Matters -Ordinary plain words of a statute - Shall be adhered to. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

INTERPRETATION OF STATUTES - Dictates of Rules of Construction - Where a provision is made subject to another - How properly construed. MATARI V. DANGALADIMA (1993) 2 KLR; (1993) 3 NWLR (PT. 281) 266 47

 

INTERPRETATION OF STATUTES - High Court Rules Lagos 0.6 r. 25 - That confers power to strike out or amend pleadings on court -Is disjunctive and not conjunctive in construction. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

INTERPRETATION OF STATUTES - Marginal Notes - Give a guide as to the interpretation of the section - But not at the expense of the words used in the section - Which best declare the intention of the Law. UDOH V. ORTHOPAEDIC HOSPITALS (1993) 10 KLR 67; (1993) 7 NWLR (PT. 304) 139

 

INTERPRETATION OF STATUTES - Modification - S.212 of the 1979 Constitution modified by a Decree - Where the words are clear and unambiguous - The court is bound thereby. A - G ANAMBRA STATE V. A - G FEDERATION (1993) 9 KLR 156; (1993) 6 NWLR (PT. 302) 692

 

INTERPRETATION OF STATUTES - Naming of specific things -Section of Statute Naming specific things among many other possible alternatives - Things not named are not intended to be included. UDOH V. ORTHOPAEDIC HOSPITALS (1993) 10 KLR 67; (1993) 7 NWLR (PT. 304) 139

 

ISLAMIC LAW - Evidence of a near relative - Conditions for its admissibility. HADA V. MALUMFASHI (1993) 10 KLR 102; (1993) 7 NWLR (PT. 303) 1

 

ISLAMIC LAW - Inheritance - Land Matters - Islamic Law of Inheritance - Wrongfully held to be applicable - Remittal to appellate High Court for case to be heard on the merit. BABALE V. ABDULKADIR (1993) 3 KLR 69; (1993) 3 NWLR (PT. 281) 253

 

ISLAMIC LAW - Principle of “Hauzi” - Real Property - Defendant in undisturbed possession for more than 10 years - Plaintiff cannot succeed in a claim of ownership of the Land. HADA V. MALUMFASHI (1993) 10 KLR 102; (1993) 7 NWLR (PT. 303) 1

 

JUDGMENTS - Admission during judgment - Of evidence previously rejected - Though wrong in law - Will not lead to setting aside of judgment -Where that piece of evidence did not affect the decision. AGBAJE V. ADIGUN (1993) 1 KLR 1; (1993) 7 NWLR (PT. 269) 261

 

JUDGMENTS - Binding Effect - Court’s Judgment is binding on the parties until reviewed or reversed by the court - Tribunal of Inquiry - Cannot review Supreme Court’s Judgment. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

JUDGMENTS - Consequential Orders - Appeal - Consequential Orders - Court of Appeal’s abrupt judgment for Appellant without making consequential orders - Legal Implications. OFONDU V. NIWEIGHA (1993) 2 KLR 1; (1993) 2 NWLR (PT. 275) 253

 

JUDGMENTS - Consequential Orders - Not contained within the judgment - But recorded in the enrolment of judgment - Such judgment is not complete and valid. OLUROTIMI V. IGE (1993) 12 KLR 80; (1993) 8 NWLR (PT. 311) 257

 

JUDGMENTS - Decisions of Court - Not to be arrived at anyhow - But from court’s conclusions on facts. OYEYEMI V. IREWOLE L.G. (1993) 2 KLR 113; (1993) 1 NWLR (PT. 270) 462

 

JUDGMENTS - Entitlement - Action for money had and received - The plaintiffs are entitled to Judgment - Though they raised the issue of Trial Court’s lack of Jurisdiction - In respect of a defence raised by the Defendants. ADESINA V. KOLA (1993) 8 KLR 38; (1993) 6 NWLR (PT. 298) 182

 

JUDGMENTS - Evidence - Land Matters - Trial Court’s Judgment not supported by evidence - Effect thereof. BABALE V. ABDULKADIR (1993) 3 KLR 69; (1993) 3 NWLR (PT. 281) 253

 

JUDGMENTS - Judgment Debt - Interlocutory Applications -Uncertain averments and impression in respect thereto - Applicant’s prayer cannot be granted. A.C.B. LTD. V. OBMIAMIA LTD. (1993) 6 KLR 143; (1993) 5 NWLR (PT. 294) 399

 

JUDGMENTS - Limitation of time - Constitutional Provision that judgments must be delivered within 90 days of counsel’s addresses - Subsequent amendment of that provision during the pendency of the matter at the Court of Appeal - Judgment given 6 days after the 90 days limitation cannot be saved. ROSSEK V. A.C.B. LTD. (1993) 12 KLR 97; (1993) 8 NWLR (PT. 312) 382

 

JUDGMENTS - Motion for Judgment - No specific admission of liability by the Defendants - Trial Court’s refusal of the motion sustained. NATIONAL BANK LTD. V. GUTHIRE LTD (1993) 4 KLR 1; (1993) 3 NWLR (PT. 284) 643

 

JUDGMENTS - Pleadings - Judgment - Should be given only in respect of material facts - Pleaded and proved at trial. ADESANYA V. OTUEWU (1993) 1 KLR 142; (1993) 1 NWLR (PT. 270) 414

 

JUDGMENTS - Pleadings - Trial that is by pleading - Judgment of court must be based on the pleadings. KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

JUDGMENTS - Points in issue not decided - Land Dispute - Judgment that leaves the very point in issue undecided - That judgment cannot be final. OLUROTIMI V. IGE (1993) 12 KLR 80; (1993) 8 NWLR (PT. 311) 257

 

JUDGMENTS - Subsistence of Judgments - Judgment of a court of competent and unlimited jurisdiction - Subsists until set aside for being void. ROSSEK V. A.C.B. LTD. (1993) 12 KLR 97; (1993) 8 NWLR (PT. 312) 382

 

JUDICIAL PRECEDENTS - Inconsistency in confessions - Extra judicial confession of accused that is inconsistent with his testimony in court - Former practice of disregarding both following decided cases - Brought to an end by overruling the decided cases - And finding accused guilty of murder based on his confession. EGBOGHONOME V. THE STATE (1993) 11 KLR 1; (1993) 7 NWLR (PT. 306) 383

 

JUDICIAL PRECEDENTS - Murder - Invitation to Supreme Court - To follow its former decision - Where facts of the two cases are not the same - The cases distinguished. GEORGE V. THE STATE (1993) 7 KLR 113; (1993) 6 NWLR (PT. 297) 41

 

JURISDICTION - Area Courts’ Jurisdiction - Land situate in a particular area - Which of the Area Courts has jurisdiction - Under the applicable statutes. MATARI V. DANGALADIMA (1993) 2 KLR; (1993) 3 NWLR (PT. 281) 266 47

 

JURISDICTION - Assumption of Jurisdiction - Appeals - Wrongful refusal by High Court to assume appellate jurisdiction - Order of remittal to the High Court made. BABALE V. ABDULKADIR (1993) 3 KLR 69; (1993) 3 NWLR (PT. 281) 253

 

JURISDICTION - Compulsory Acquisition of Land by Government - Claim for Compensation paid by Government - Extent of High Court’s and Land Tribunal’s Jurisdiction - Properly analysed. ADESINA V. KOLA (1993) 8 KLR 38; (1993) 6 NWLR (PT. 298) 182

 

JURISDICTION - Counter claims - Proceeding with hearing of counter claim after striking out the claim - Without hearing notice to plaintiff who was absent - Court lacks jurisdiction. DAN HAUSA LTD. V. PANA TRADE LTD. (1993) 8 KLR 106; (1993) 6 NWLR (PT. 298) 204

 

JURISDICTION - Decision reached without Jurisdiction - Is void ab initio. MATARI V. DANGALADIMA (1993) 2 KLR; (1993) 3 NWLR (PT. 281) 266 47

 

JURISDICTION - Deprivation - Provisions in a Statute suggesting deprivation of court’s jurisdiction - To be strictly construed. UDOH V. ORTHOPAEDIC HOSPITALS (1993) 10 KLR 67; (1993) 7 NWLR (PT. 304) 139

 

JURISDICTION - Determination Based on the Pleadings - Repeal of Statute ousting Jurisdiction - Determination of Issue of Jurisdiction on the Pleadings - Is to be based on the Plaintiff’s Claim and not Defendant’s answer. A-G KWARA STATE V. OLAWALE (1993) 2 KLR 136; (1993) 1 NWLR (PT. 272) 645

 

JURISDICTION - Determination of Jurisdiction - Is not done only by nature of the claim before court - Other considerations affect the determination of Court’s jurisdiction. ANYA V. IYAYI (1993) 10 KLR 121; (1993) 7 NWLR (PT. 305) 290

 

JURISDICTION - Functus Officio - Appeals - Final determination of a matter by the Court of Appeal - Makes it functus officio - No more jurisdiction over that matter. OLOWU V. ABOLORE (1993) 6 KLR 64; (1993) 5 NWLR (PT. 293) 255

 

JURISDICTION - Issue of Jurisdiction of Area Court - Raised on appeal - Appellate court is bound to consider the issue. NWANEZIE V. IDRIS (1993) 3 KLR 48; (1993) 3 NWLR (PT. 279) 1

 

JURISDICTION - Lack of Service - Writ of Summons - Failure to serve Writ of Summons on a Defendant - Court lacks jurisdiction to determine the claim. NATIONAL BANK LTD. V. GUTHIRE LTD (1993) 4 KLR 1; (1993) 3 NWLR (PT. 284) 643

 

JURISDICTION - Res judicata - Chieftaincy Dispute - Plea of Res Judicata - Amounts to a challenge of court’s jurisdiction. AJAKAIYE V. GOV. OF BENDEL STATE (1993) 11 KLR 181

 

JURISDICTION - Saturdays - Normal court session - Trial court has jurisdiction to conduct proceedings on a Saturday. ANIE V. UZORKA (1993) 12 KLR 1; (1993) 8 NWLR (PT. 309) 1

 

JURISDICTION - Supreme Court - Call upon the Court to suspend the issue of its jurisdiction - Pending the hearing of the claim -Refused by the court. A - G ANAMBRA STATE V. A - G FEDERATION (1993) 9 KLR 156; (1993) 6 NWLR (PT. 302) 692

 

JURISDICTION - Supreme Court’s Jurisdiction - Is not extended to the Judgment of the High Court - But limited to Court of Appeal’s Decisions. NWANEZIE V. IDRIS (1993) 3 KLR 48; (1993) 3 NWLR (PT. 279) 1

 

JURISDICTION - Supreme Court’s original jurisdiction under S.212 of the 1979 Constitution - Is not still available - In view of modification of that section by a Decree. A-G ANAMBRA STATE V. A-G FEDERATION (1993) 9 KLR 156; (1993) 6 NWLR (PT. 302) 692

 

JURISDICTION - Technicalities - Cannot preclude appellate court from receiving additional evidence - To show that Decision was given without jurisdiction. NWANEZIE V. IDRIS (1993) 3 KLR 48; (1993) 3 NWLR (PT. 279) 1

 

JURISDICTION - Termination of Employment - Decree removing court’s jurisdiction - Failure to comply with the preconditions enabling the application of the Decree - Jurisdiction of the Trial Judge will not be ousted. ANYA V. IYAYI (1993) 10 KLR 121; (1993) 7 NWLR (PT. 305) 290

 

JURISDICTION - When to be raised - Issue of Jurisdiction - Can be raised at any point including on appeal. MATARI V. DANGALADIMA (1993) 2 KLR; (1993) 3 NWLR (PT. 281) 266 47

 

LAND LAW - Additional Evidence - Appeals - Issue of Jurisdiction -Leave to lead additional evidence on appeal - To prove lack of jurisdiction - Leave granted. NWANEZIE V. IDRIS (1993) 3 KLR 48; (1993) 3 NWLR (PT. 279) 1

 

LAND LAW - Claim for ownership of Land - Based on act of possession over a long period and the identity of the land - Held not validly established. ABISI V. EKWEALOR (1993) 9 KLR 99; (1993) 6 NWLR (PT. 302) 643

 

LAND LAW - Customary Tenant - Is subject to the condition attached to the customary tenancy. AKINTOLA V. OYELADE (1993) 3 KLR 25; (1993) 3 NWLR (PT. 282) 379

 

LAND LAW - Customary Tenant’s Right of User - Is subject to overlord’s reversion. AKINTOLA V. OYELADE (1993) 3 KLR 25; (1993) 3 NWLR (PT. 282) 379

 

LAND LAW - Declaration of Title - Grounds of Appeal - Trial Court’s finding that Appellants have proved their case for Declaration of Title - Not attacked by any of the Respondent’s Ground of Appeal - Implications thereof. IBERO V. UME-OHANA (1993) 2 KLR 66; (1993) 2 NWLR (PT. 277) 510

 

LAND LAW - Description of Land - Technical survey terms to be employed by Court - Not to use left or right hand side in land description. AJAO V. ADIGUN (1993) 3 KLR 1; (1993) 3 NWLR (PT. 282) 389

 

LAND LAW - Family land - Where exclusively claimed by a family section -Things that must be proved. ADESANYA V. OTUEWU (1993) 1 KLR 142; (1993) 1 NWLR (PT. 270) 414

 

LAND LAW - Governor’s Consent - Power of Attorney - Issuing a Power of Attorney - Is not tantamount to breach of covenant not to part with possession without consent. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

LAND LAW - Identity of land - Claim by both parties to land situate at a junction bearing two different Street Names and Numbers - How Identity of such Land is resolved. OFONDU V. NIWEIGHA (1993) 2 KLR 1; (1993) 2 NWLR (PT. 275) 253

 

LAND LAW - Instruments - Abandoned Property - Where Transfer of Abandoned Property is made to the owner - The instrument of such transfer - Does not qualify as an instrument under the Lands Instruments Registration Law. IGBONGIDI V. UMELO (1993) 12 KLR 70; (1993) 8 NWLR (PT. 310) 130

 

LAND LAW - Islamic Law - Land Dispute - Claim by Plaintiff based on allegation that Defendant held the land on trust - Held not established. HADA V. MALUMFASHI (1993) 10 KLR 102; (1993) 7 NWLR (PT. 303) 1

 

LAND LAW - Jurisdiction - Compulsory Acquisition of land by government - When it is not High Court but Land Tribunal that has jurisdiction - Under the relevant law. ADESINA V. KOLA (1993) 8 KLR 38; (1993) 6 NWLR (PT. 298) 182

 

LAND LAW - Jurisdiction - Land situate in a particular area - Where the trial Area Court lacks Jurisdiction - Proceeding declared null and void. MATARI V. DANGALADIMA (1993) 2 KLR; (1993) 3 NWLR (PT. 281) 266 47

 

LAND LAW - Land Acquisition - By the State Government under the relevant law - Proper time within which to make claims. ADESINA V. KOLA (1993) 8 KLR 38; (1993) 6 NWLR (PT. 298) 182

 

LAND LAW - Non registration of documents - Admissibility - Land Agreement - Inadmissible for non registration - Will be admissible in proof of payment and gifts. ADESANYA V. OTUEWU (1993) 1 KLR 142; (1993) 1 NWLR (PT. 270) 414

 

LAND LAW - Possession - Claimed by two contending parties to the suit -Party with better title entitled to succeed. ODUBEKO V. FOWLER (1993) 11 KLR 106; (1993) 7 NWLR (PT. 308) 637

 

LAND LAW - Possession - Grant of a State Lease - Lessee holding over after expiration of lease - State cannot regain Possession contrary to Law. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

LAND LAW - Registrable Instruments - Statutes - Land Instruments Registration Law of Oyo State - Registrable Instruments thereunder -Does not include documents that merely spell out existing rights of parties. AJAO V. ADIGUN (1993) 3 KLR 1; (1993) 3 NWLR (PT. 282) 389

 

LAND LAW - Relief not claimed - Land Dispute - Consideration of only one issue by trial court - Granting a relief not claimed - Court has not dealt with the real action filed. OLUROTIMI V. IGE (1993) 12 KLR 80; (1993) 8 NWLR (PT. 311) 257

 

LAND LAW - Sale - Family Land - Sale by Family Head - Not as Headof the Family but as agent to a third party - Is to be declared void at the instance of any family member. LAYINKA V. GEGELE (1993) 4 KLR 51; (1993) 3 NWLR (PT. 283) 518

 

LAND LAW - Sale - State Grant - Sale of reversionary right in property by State – Whilst Lessee holding over is still in possession - Nemo Dat Quod Non Habet applies. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

LAND LAW - Sale - State Land - Compulsorily acquired from individuals for public purposes - State cannot sell such land in Fee Simple absolute in possession. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

LAND LAW - Specific Performance - Breach of Contract for sale of land - When Specific Performance will be granted. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

LAND LAW - Title - Burden of Proof - Claim for title - Burden of Proof lies on the Plaintiff - What Plaintiff must prove. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

LAND LAW - Title - Claim for damages, trespass and injunction - Means putting title in issue. ADESANYA V. OTUEWU (1993) 1 KLR 142; (1993) 1 NWLR (PT. 270) 414

 

LAND LAW - Title - Claim thereto - Based on res judicata and traditional history - Where unexplained different family names emerged in the two suits - The plaintiff will not succeed. IKE V. UGBOAJA (1993) 9 KLR 62; (1993) 6 NWLR (PT. 301) 539

 

LAND LAW - Title - Evidence - Claim for Title to land - Failure to establish the claim - It is not possible to succeed on the weakness of the defence. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

LAND LAW - Title - Vesting of title in a person - Is a matter of law -To be deduced from the facts. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

LAND LAW - Title and Possession - Proof of Title - Cannot be superseded by Possession. ADESANYA V. OTUEWU (1993) 1 KLR 142; (1993) 1 NWLR (PT. 270) 414

 

LAND LAW - Title to Land - Claim for Title by both Parties - The Party with better documents of title and better possession - Is entitled to succeed. OFONDU V. NIWEIGHA (1993) 2 KLR 1; (1993) 2 NWLR (PT. 275) 253

 

LAND LAW - Title to Land - Claim thereto - Wrongful reliance on a document with no probative value - Failure to prove the claim - Proper order to be made. OKO V. NTUKIDEM (1993) 3 KLR 114; (1993) 2 NWLR (PT. 274) 124

 

LAND LAW - Trespass - Customary Tenant in Possession - Cannot succeed in an action for Trespass against his Overlord. AKINTOLA V. OYELADE (1993) 3 KLR 25; (1993) 3 NWLR (PT. 282) 379

 

LAND LAW - Trespass - Family Land - Purchase of Family Land under void transaction - Purchasers declared to be Trespassers. LAYINKA V. GEGELE (1993) 4 KLR 51; (1993) 3 NWLR (PT. 283) 518

 

LAND LAW - Wrongful Rejection of Evidence - By trial court - When the Decision will be reviewed and trial de novo ordered. AJAO V. ADIGUN (1993) 3 KLR 1; (1993) 3 NWLR (PT. 282) 389

 

LAND USE ACT - Customary Right of Occupancy - Power of Local Government to grant it - Is not exercisable in respect of land within a designated urban area. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

LAND USE ACT - Power conferred on the Governor - Exercise of the power - Proper application of certain sections of the Act. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

LAND USE ACT - Provisions of S.1 thereof - That vested land in the Governor - Not tantamount to abrogation of right of use - Correct customary implications of the section. AKINTOLA V. OYELADE (1993) 3 KLR 25; (1993) 3 NWLR (PT. 282) 379

 

LAND USE ACT - Statutory Right of Occupancy - Automatically extinguished all existing rights - In respect of land over which it is granted. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

LAND USE ACT - Title of Land - Applicable provisions of Land Use Act - Relationship with the Land Tenure Law - When the transitional provision (S.36) of the Act is not applicable. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

LANDLORD & TENANT - Forfeiture - Failure to pay rent - Claim for arrears of rent - Action for Forfeiture - What a Landlord must prove so as to succeed - KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

LANDLORD & TENANT - Forfeiture - State Grant - Expiration of Lease - Tenant holding over - Forfeiture is not automatic - Recovery of Possession by State cannot be by self-help. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

LANDLORD & TENANT - Tenancy at Sufferance - Tenancy by Estoppel - How created in Law. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

LANDLORD & TENANT - Trespass - Contractual Notice to Quit given to tenant - Remaining in possession after expiration of Notice amounts to Trespass - Landlord not authorised to forcibly evict the Tenant thereby. CHUKWUMAH V. SHELL PETROLEUM (1993) 5 KLR 93; (1993) 4 NWLR (PT. 289) 512

 

LANDLORD & TENANT - Trespass - Master & Servant - Allegation of trespass against Landlord Employer by Tenant Employee - Failure to prove the allegation - Implications thereof. CHUKWUMAH V. SHELL PETROLEUM (1993) 5 KLR 93; (1993) 4 NWLR (PT. 289) 512

 

LANDLORD & TENANT - Want of Proof - Appeals - Claim for Recovery of Possession and Account of Rents - Two lower courts’ finding in favour of Plaintiff - Set aside by the Supreme Court - For want of proof. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

LEGAL PRACTITIONERS - Absence of Counsel and the appellant at the hearing of appeal - Briefs having been filed - Appeal treated as argued. AGBAJE V. ADIGUN (1993) 1 KLR 1; (1993) 7 NWLR (PT. 269) 261

 

LEGAL PRACTITIONERS - Compulsory Acquisition of Land by Government - Compensation paid by the Government - When conduct of a solicitor in handling the disbursement thereof - Is held to be unethical. ADESINA V. KOLA (1993) 8 KLR 38; (1993) 6 NWLR (PT. 298) 182

 

LEGAL PRACTITIONERS - Criminal Procedure - Murder - Duty of Counsel in capital offences - Is to save life - Not to accelerate death by negative advocacy. NTITA V. THE STATE (1993) 3 KLR 11; (1993) 3 NWLR (PT. 283) 505

 

LEGAL PRACTITIONERS - Mistakes - Motions - Mistake of Counsel on technicalities - Will not debar litigants from justice. MOHAMMED V. OLAWUNMI (B) (1993) 5 KLR 37; (1993) 4 NWLR (PT. 288) 384

 

LEGAL PRACTITIONERS - Relationship between counsel and client - Where two or more counsel are briefed - Action of junior counsel is binding on the senior and their client. EDOZIEN V. EDOZIEN (1993) 1 KLR 90; (1993) 1 NWLR (PT. 272) 678

 

LEGISLATION - Applicable Law - Conveyancing Law in the old Eastern Region - Where there is no local legislation - What Law is applicable. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

LEGISLATION - Construction - Land Law - Statutes capable of dispossessing a citizen of his right to his property - Attitude of Court in construing such Statutes. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

LEGISLATION - Construction - Rules of Court - Appeals - Deliberate unambiguous omission in the Rules of Court - Shall not be tampered with. OLOWU V. ABOLORE (1993) 6 KLR 64; (1993) 5 NWLR (PT. 293) 255

 

LEGISLATION - Drawn up order - High Court Rules of Ondo State - Formal drawn up order is not essential thereunder - Minutes of every judgment has full effect of formal order. OLUROTIMI V. IGE (1993) 12 KLR 80; (1993) 8 NWLR (PT. 311) 257

 

LEGISLATION - Land Use Act - Customary Right of Occupancy -Local Government’s power to grant it - Is not exercisable in respect of land within a designated urban area. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

LEGISLATION - Land Use Act - Exercise of power conferred on the Governor - Proper application of certain sections of the Act. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

LEGISLATION - Preference - Unambiguous Provisions of Applicable Statute - Is to be preferred to a provision under Court Rules. NWANEZIE V. IDRIS (1993) 3 KLR 48; (1993) 3 NWLR (PT. 279) 1

 

LEGISLATION - Principles of Common Law - Doctrines of Equity - Statutes of General Application - In force in England on 1st Jan. 1900 - When Applicable to old Eastern Region. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

LEGISLATION - Superiority - Statutory Provisions - Are superior to a Rule of Court made under a Statute. NWANEZIE V. IDRIS (1993) 3 KLR 48; (1993) 3 NWLR (PT. 279) 1

 

LIMITATION OF ACTIONS - Computation of Time -Land Dispute - Pleading a date in the statement of defence as when the cause of action arose -It is not permissible for court to compute time from that date. ODUBEKO V. FOWLER (1993) 11 KLR 106; (1993) 7 NWLR (PT. 308) 637

 

LIMITATION OF ACTIONS - Negligence - Public Officers Protection Law - Action filed 3 years after the accident instead of the prescribed 3 months - Action declared statute barred. ADIGUN V. AYINDE (1993) 12 KLR 201; (1993) 8 NWLR (PT. 313) 516

 

LIMITATION OF ACTIONS - Onus of proof - Reliance on Limitation of Action - Onus of proof is on Defendant - To prove that the action is Statute barred. ODUBEKO V. FOWLER (1993) 11 KLR 106; (1993) 7 NWLR (PT. 308) 637

 

LIMITATION OF ACTIONS - Pleadings - Failure to plead that Plaintiff’s action is statute barred - The issue of limitation of action cannot be raised before the Supreme Court. KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

LIMITATION OF ACTIONS - Statute bar - Land Law - Proper cause of action - Time specified by Limitation Law having elapsed - Action declared statute barred. ODUBEKO V. FOWLER (1993) 11 KLR 106; (1993) 7 NWLR (PT. 308) 637

 

LITIGANTS - Appeals - Non prosecution of a case by litigant in disregard of Rules of Court - Illness and poverty of litigant did not justify delay. AJAYI V. OMOREGBE (1993) 8 KLR 119; (1993) 6 NWLR (PT. 301) 512

 

LITIGANTS - Mistake of Counsel - Motions - Mistake of Counsel on technicalities - Is not to debar litigants from justice. MOHAMMED V. OLAWUNMI (B) (1993) 5 KLR 37; (1993) 4 NWLR (PT. 288) 384

 

LOCUS IN QUO - Discretion - Land Matters - Court’s discretion to visit locus in quo - How to be exercised. AJAO V. ADIGUN (1993) 3 KLR 1; (1993) 3 NWLR (PT. 282) 389

 

LOCUS STANDI - Family Land - Member of a family - Whether principal member or not - Has locus to institute action in respect of wrong doing to his family land. LAYINKA V. GEGELE (1993) 4 KLR 51; (1993) 3 NWLR (PT. 283) 518

 

LOCUS STANDI - Trade Unions - Actions against strong prima facie breaches of Union’s Constitution - By individual members of the Union - Plaintiffs have locus standi. ELUFIOYE V. HALILU (1993) 8 KLR 147; (1993) 6 NWLR (PT. 301) 570

 

MASTER & SERVANT - Action for Wrongful Termination of Employment - Where no reason for the Termination was given - Allegations of hatred, malice, etc are not useful. CHUKWUMAH V. SHELL PETROLEUM (1993) 5 KLR 93; (1993) 4 NWLR (PT. 289) 512

 

MASTER & SERVANT - Compulsory Retirement - Without fair hearing - Such retirement is ultra vires and void. ADENIYI V. YABA COTECH (1993) 10 KLR 1; (1993) 6 NWLR (PT. 300) 426

 

MASTER & SERVANT - Compulsory Retirement of Employee - Not in compliance with statutory provisions - Declared null and void - Contract of service is still subsisting. ADENIYI V. YABA COTECH (1993) 10 KLR 1; (1993) 6 NWLR (PT. 300) 426

 

MASTER & SERVANT - Declarations - Wrongful Termination -Declaration that Contract is still subsisting - Cannot be granted - Save special circumstances exist. CHUKWUMAH V. SHELL PETROLEUM (1993) 5 KLR 93; (1993) 4 NWLR (PT. 289) 512

 

MASTER & SERVANT - Documentary Evidence - Document sought to be tendered in proof of Joint Venture Agreement - Where not incorporated into the Contract of Service - Gives no cause of Action to Plaintiff/Appellant. CHUKWUMAH V. SHELL PETROLEUM (1993) 5 KLR 93; (1993) 4 NWLR (PT. 289) 512

 

MASTER & SERVANT - Payment in lieu of Notice of Termination - Where no payment nor notice was given before Termination - Termination is Wrongful. CHUKWUMAH V. SHELL PETROLEUM (1993) 5 KLR 93; (1993) 4 NWLR (PT. 289) 512

 

MASTER & SERVANT - Rights and Obligations of the parties - To be strictly construed from the terms of the Contract of Service. FAKUADE V. O.A.U. TEACHING HOSPITAL (1993) 6 KLR 102; (1993) 5 NWLR (PT. 291) 47

 

MASTER & SERVANT - Statutory Flavour - Employment by a Statutory Body - Where not of a special character - No existence of statutory flavour in favour of employee. FAKUADE V. O.A.U. TEACHING HOSPITAL (1993) 6 KLR 102; (1993) 5 NWLR (PT. 291) 47

 

MASTER & SERVANT - Termination of Employment - Disciplinary Procedure under the Laws or Staff Conditions of Service - Not to be followed - Where no reason was given for the termination. FAKUADE V. O.A.U. TEACHING HOSPITAL (1993) 6 KLR 102; (1993) 5 NWLR (PT. 291) 47

 

MASTER & SERVANT - Termination of Employment - Motive or reason for termination is not relevant - Where termination is as provided under the terms of the contract of service. FAKUADE V. O.A.U. TEACHING HOSPITAL (1993) 6 KLR 102; (1993) 5 NWLR (PT. 291) 47

 

MASTER & SERVANT - Termination of Employment - Reason for termination not disclosed - Plaintiff’s allegation that termination was as a result of alleged misconduct - Rejected by court. FAKUADE V. O.A.U. TEACHING HOSPITAL (1993) 6 KLR 102; (1993) 5 NWLR (PT. 291) 47

 

MASTER & SERVANT - University Council - Terminating Respondent’s Appointment before recommendation by the Visitor to the University - Termination not proper. ANYA V. IYAYI (1993) 10 KLR 121; (1993) 7 NWLR (PT. 305) 290

 

MASTER & SERVANT - Wrongful dismissal - Disciplinary Committee Proceedings - In violation of Staff Manual provisions and natural justice - Dismissal declared wrongful. OBOT V. C.B.N. (1993) 12 KLR 45; (1993) 8 NWLR (PT. 310) 140

 

MAXIMS - Audi alteram partem - Where violated - Proceedings declared a nullity. DAN HAUSA LTD. V. PANA TRADE LTD. (1993) 8 KLR 106; (1993) 6 NWLR (PT. 298) 204

 

MAXIMS - Expressio Unius Est Exclusius alterius - In the interpretation of statutes - When applicable. UDOH V. ORTHOPAEDIC HOSPITALS (1993) 10 KLR 67; (1993) 7 NWLR (PT. 304) 139

 

MAXIMS - Nemo dat quod non habet doctrine - State land - Sale of reversionary right in property by State - Whilst Lessee holding over is still in possession - The doctrine is applicable. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

MAXIMS - Qui prior est tempore est jure - In Land Matters - When held not to arise. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

MAXIMS - Quic quid plantatur - Expiration of State Lease - Lessee’s Building still on the Land - Purported sale of the Land to another party by State - Quic Quid Plantatur Solo Solo Cedit is not applicable. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

MAXIMS - Res ipsa loquitur - Where applicable - Failure to prove particulars of negligence - Is not a bar to its application IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

MENS REA - Murder - Severe application of machete cut - Is tantamount to an intention to kill. GEORGE V. THE STATE (1993) 7 KLR 113; (1993) 6 NWLR (PT. 297) 41

 

MENSREA - Murder - Intention to cause harm established - Intention to cause grievous harm or kill not established - Proper finding to be made. OLADIPUPO V. THE STATE (1993) 7 KLR 95; (1993) 6 NWLR (PT. 298) 131

 

MORTGAGES - Charge on Property - Evidence - Mortgage that was not properly executed nor proved in evidence - Even if properly executed - Is no more than a charge on the property. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

MORTGAGES - Evidence - Land Matters - How Mortgages are to be proved. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

MOTOR ACCIDENTS - Limitation of Actions - Public Officers Protection Law - Action for damages for negligence - Filed 3 years after the accident instead of the prescribed 3 months - Action declared statute barred. ADIGUN V. AYINDE (1993) 12 KLR 201; (1993) 8 NWLR (PT. 313) 516

 

MOTOR ACCIDENTS - Res ipsa Loquitur - Allegation of Negligence against driver - How proved. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

MURDER - Criminal Procedure - Cause of Death - How proved -Identification of corpse of deceased - Held to be sufficient evidence of the identification. EHOT V. THE STATE (1993) 5 KLR 58; (1993) 4 NWLR (PT. 290) 644

 

MURDER - Defences - Expressed or implied defences open to an accused - Whether trivial or not - Must be considered by the trial Court. NJOKU V. THE STATE (1993) 8 KLR 60; (1993) 6 NWLR (PT. 299) 272

 

MURDER - Evidence - Conviction based on the uncorroborated evidence of a tainted witness - When to be sustained by the Supreme Court. EMWENYA V. A-G BENDEL STATE (1993) 6 KLR 168; (1993) 6 NWLR (PT. 297) 29

 

MURDER - Evidence - No direct evidence against accused - When the conviction based on strong circumstantial evidence is correct. KALU V. THE STATE (1993) 9 KLR 25; (1993) 6 NWLR (PT. 300) 385

 

MURDER - Mens rea - Accident - Existence of intention to murder Defence of accident cannot avail GEORGE V. THE STATE (1993) 7 KLR 113; (1993) 6 NWLR (PT. 297) 41

 

MURDER - Mens rea - Intention to cause harm established - Intention to cause grevious harm or kill not established -Manslaughter substituted for murder conviction. OLADIPUPO V. THE STATE (1993) 7 KLR 95; (1993) 6 NWLR (PT. 298) 131

 

MURDER - No direct evidence - Existence of circumstances pointing to accused as responsible for the murder - Court can rightly convict. ARICHE V. THE STATE (1993) 10 KLR 44; (1993) 6 NWLR (PT. 302) 752

 

MURDER - Proof of cause of death - Existence of special circumstances - Absence of medical evidence - Not fatal to Prosecution’s case. EMWENYA V. A-G BENDEL STATE (1993) 6 KLR 168; (1993) 6 NWLR (PT. 297) 29

 

MURDER - Provocation - Evidence of premeditated intention to kill or inflict hurt - Is not consistent with the defence of provocation. EKPENYONG V. THE STATE (1993) 7 KLR 67; (1993) 5 NWLR (PT. 295) 513

 

NATURAL JUSTICE - Termination of Employment - Disciplinary Committee Proceedings - In breach of principles of fair hearing -Deemed a violation of natural justice. OBOT V. C.B.N. (1993) 12 KLR 45; (1993) 8 NWLR (PT. 310) 140

 

NEGLIGENCE - Fatal Accident - Public Officers Protection Law -Action for damages for Negligence - Commenced after the 3 months statutory limitation - Declared statute barred. ADIGUN V. AYINDE (1993) 12 KLR 201; (1993) 8 NWLR (PT. 313) 516

 

NEGLIGENCE - Res ipsa loquitur - Evidence - Onus of proof on the plaintiff - Where res ipsa Loquitur is applicable - Stage at which onus of proof shifts to Defendant. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

ORDERS - Consequential orders - Appeals - Court of Appeal’s abrupt judgment for Appellant without making consequential orders - Legal Implications. OFONDU V. NIWEIGHA (1993) 2 KLR 1; (1993) 2 NWLR (PT. 275) 253

 

ORDERS - Consequential Orders - Failure of trial court to include consequential order within its judgment - Such a judgment is not complete and valid. OLUROTIMI V. IGE (1993) 12 KLR 80; (1993) 8 NWLR (PT. 311) 257

 

ORDERS - Remittal - Appeals - Wrongful refusal by High Court to assume appellate jurisdiction - Order of remittal to the High Court made. BABALE V. ABDULKADIR (1993) 3 KLR 69; (1993) 3 NWLR (PT. 281) 253

 

ORDERS - Retrial - Appeals - When wrongful rejection of documentary evidence - Will make order for retrial inevitable. AJAO V. ADIGUN (1993) 3 KLR 3; (1993) 3 NWLR (PT. 282) 389

 

ORDERS - Status quo - Purpose of order to maintain status quo -What applicant must show in order to succeed. OYEYEMI V. IREWOLE L.G. (1993) 2 KLR 113; (1993) 1 NWLR (PT. 270) 462

 

PARTIES - Actions - Contract agreement - Plaintiff not a party thereto - Certain clauses referring to plaintiff - Plaintiff cannot maintain action based on the contract agreement. OJOMO V. INCAR NIG. LTD. (1993) 11 KLR 53; (1993) 7 NWLR (PT. 307) 534

 

PARTIES - Appeals - Absence of a party and or his Counsel at the hearing of appeal - Where briefs have been filed - Appeal treated as having been argued. AGBAJE V. ADIGUN (1993) 1 KLR 1; (1993) 7 NWLR (PT. 269) 261

 

PARTIES - Claim by non parties - Compulsory Acquisition of Land by the Government - Compensation awarded by the Land Tribunal - Cannot be claimed by non parties to the plaintiff’s suit before the Tribunal. ADESINA V. KOLA (1993) 8 KLR 38; (1993) 6 NWLR (PT. 298) 182

 

PARTIES - Estoppel - Applies to stop a party from blowing hot and cold. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

PARTIES - Estoppel - Leading the other party to believe in a particular state of affairs - When it will be impossible to be allowed to go back. EDOZIEN V. EDOZIEN (1993) 1 KLR 90; (1993) 1 NWLR (PT. 272) 678

 

PARTIES - Judgments - Compromise by Parties - To set aside binding judgment of court - Without calling upon the court to exercise its function of review or reversal - Cannot be effective. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

PARTIES - Waiver - Saturday Proceedings - A party that fully participated therein - Shall be prevented from complaining. ANIE V. UZORKA (1993) 12 KLR 1; (1993) 8 NWLR (PT. 309) 1

 

PLEADINGS - Abandonment of pleadings - Implications thereof. ADESANYA V. OTUEWU (1993) 1 KLR 142; (1993) 1 NWLR (PT. 270) 414

 

PLEADINGS - Conflict of Laws - Land Transaction - Failure to plead Oral Agreement - The written Agreement pleaded - Forms the only basis for determining whether the transaction was under customary law or statutory. KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

PLEADINGS - Contracts - Frustration - Alleged insufficient denial of certain averments - Is not significant - Where court has found the contract was frustrated. MAZIN LTD. V. TOWER LTD. (1993) 7 KLR 78; (1993) 5 NWLR (PT. 295) 526

 

PLEADINGS - Customs of Trade - Evidence of custom of trade not pleaded by plaintiff - Is not to be admitted. OJOMO V. INCAR NIG. LTD. (1993) 11 KLR 53; (1993) 7 NWLR (PT. 307) 534

 

PLEADINGS - Departure from pleadings - Cannot be allowed. ADESANYA V. OTUEWU (1993) 1 KLR 142; (1993) 1 NWLR (PT. 270) 414

 

PLEADINGS - Estoppel - Appeals - No specific pleading of Estoppel by conduct - The Court of Appeal cannot raise it suo motu. ABISI V. EKWEALOR (1993) 9 KLR 99; (1993) 6 NWLR (PT. 302) 643

 

PLEADINGS - Illiteracy - Not pleaded - No evidence led on it by either party - Court cannot make a finding that the two parties were illiterates. KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

PLEADINGS - Judgments - Trial that is by pleading - Judgment of Court must be based on the pleadings. KANO V. OYELAKIN (1993) 4 KLR 93; (1993) 3 NWLR (PT. 282) 399

 

PLEADINGS - Jurisdiction - Determination of Issue of Jurisdiction on the Pleadings - Is to be based on the Plaintiff’s Claim and not Defendant’s answer. A-G KWARA STATE V. OLAWALE (1993) 2 KLR 136; (1993) 1 NWLR (PT. 272) 645

 

PLEADINGS - Negligence - Doctrine of Res Ipsa Loquitor - Where it can be based on facts pleaded and evidence before the court - It must not specially by pleaded. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

PLEADINGS - Replies - Leave to file a reply to Statement of Defence refused - where issues have been adequately joined in the pleadings - Refusal of leave does not amount to breach of natural justice. OBOT V. C.B.N. (1993) 12 KLR 45; (1993) 8 NWLR (PT. 310) 140

 

PLEADINGS - Reply to Statement of Defence - Whether leave must be obtained in order to file reply - when reply is held to be necessary - Purpose of replies. OBOT V. C.B.N. (1993) 12 KLR 45; (1993) 8 NWLR (PT. 310) 140

 

POWER OF ATTORNEY - Conferment of Title - Land Matters -Power of Attorney - Is not an Instrument which confers title to the Donee - Proper import thereof. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

POWER OF ATTORNEY - Nature - Land Law - Nature and Construction of Power of Attorney. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

POWER OF ATTORNEY - Parting with Possession - Land Law - State Grant - Issuing of Power of Attorney by the Grantee - Is not tantamount to breach of covenant not to part with possession without consent. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

PRACTICE & PROCEDURE - Abuse of Court’s process - Successive Applications made by the Respondents - Grant of an Application previously refused on technicalities - Court’s process is not abused. MOHAMMED V. OLAWUNMI (B) (1993) 5 KLR 37; (1993) 4 NWLR (PT. 288) 384

 

PRACTICE & PROCEDURE - Admissions - Pleadings - Where what is pleaded is not admitted by the other party - How proof of that fact must be established. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

PRACTICE & PROCEDURE - Alternative Claims - The court cannot be shut out from considering an alternative claim - Because the main claim failed. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

PRACTICE & PROCEDURE - Committal for Contempt of Court by the High Court - Application for bail pending Appeal brought before the Court of Appeal - Must not first be made to the High Court. MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254

 

PRACTICE & PROCEDURE - Consequential Orders - Appeals -Failure of trial court to include consequential order within its judgment - Legal Implications thereof. OLUROTIMI V. IGE (1993) 12 KLR 80; (1993) 8 NWLR (PT. 311) 257

 

PRACTICE & PROCEDURE - Contempt of Court - Committal for contempt by the Trial High Court - Whilst Application for stay of Proceedings was pending before the Court of Appeal - Application for stay was rightly granted. MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254

 

PRACTICE & PROCEDURE - Counter claim - Striking out of counter claim - Where not justified - Proper order to be made. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

PRACTICE & PROCEDURE - Counter claims - Striking out of plaintiff’s claim in its absence - Proceeding with counter claim on a different date - Without issuing hearing notice to plaintiff - legal implications. DAN HAUSA LTD. V. PANA TRADE LTD. (1993) 8 KLR 106; (1993) 6 NWLR (PT. 298) 204

 

PRACTICE & PROCEDURE - Court Sessions - Proceedings conducted on a Saturday - Court not on vacation - Normal court session in progress - Leave of the Chief Judge or Administrative Judge is not to be obtained. ANIE V. UZORKA (1993) 12 KLR 1; (1993) 8 NWLR (PT. 309) 1

 

PRACTICE & PROCEDURE - Determination of Action in limine - Defendant who conceives that he has a good ground of law ex facie -Is entitled to raise same. ANYA V. IYAYI (1993) 10 KLR 121; (1993) 7 NWLR (PT. 305) 290

 

PRACTICE & PROCEDURE - Dismissal of Action - Action that amounts to Abuse of Court’s Process - Court bound to rely on its inherent powers in dismissing the Action - Though not empowered under the Rules. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

PRACTICE & PROCEDURE - Estoppel - Failure of Applicant to plead Estoppel at the trial - That judgment to be pleaded was not yet delivered - Is enough explanation for such failure. AJAKAIYE V. GOV. OF BENDEL STATE (1993) 11 KLR 181

 

PRACTICE & PROCEDURE - Extension of Time - Appeals - Court’s Discretion - Motion for Extension of time to cross appeal - When court’s discretion will not be exercised in favour of an applicant. C.C.B. LTD. V. OGWURU (1993) 4 KLR 75; (1993) 3 NWLR (PT. 284) 630

 

PRACTICE & PROCEDURE - Jurisdiction - Issue of Jurisdiction - Can be raised at any point including on appeal. MATARI V. DANGALADIMA (1993) 2 KLR; (1993) 3 NWLR (PT. 281) 266 47

 

PRACTICE & PROCEDURE - Locus in quo - Land Matters - When court should accede to application for visit to Locus in quo. AJAO V. ADIGUN (1993) 3 KLR 1; (1993) 3 NWLR (PT. 282) 389

 

PRACTICE & PROCEDURE - Motion for Judgment - Entrance of Appearance by the Defendant - When no service has been effected on it - Application for Judgment should not be entertained - For want of Jurisdiction. NATIONAL BANK LTD. V. GUTHIRE LTD (1993) 4 KLR 1; (1993) 3 NWLR (PT. 284) 643

 

PRACTICE & PROCEDURE - Native Tribunals Proceedings - Principle of regarding substance rather than form - Not to be stretched unto giving strained meanings to words used in judicial proceedings. IBERO V. UME-OHANA (1993) 2 KLR 66; (1993) 2 NWLR (PT. 277) 510

 

PRACTICE & PROCEDURE - Pleadings - Departure therefrom - Cannot be allowed. EDOZIEN V. EDOZIEN (1993) 1 KLR 90; (1993) 1 NWLR (PT. 272) 678

 

PRACTICE & PROCEDURE - Pleadings - Reply to Statement of Defence - When deemed unnecessary. OBOT V. C.B.N. (1993) 12 KLR 45; (1993) 8 NWLR (PT. 310) 140

 

PRACTICE & PROCEDURE - Replies - Counterclaim - No reply filed against the counterclaim - Implications thereof. ANAEZE V. ANYASO (1993) 6 KLR 11; (1993) 5 NWLR (PT. 291) 1

 

PRACTICE & PROCEDURE - Rules of Court - Applicable Rule of Court - Is not the one in force at the commencement of trial - But the Rule in force at time of the Application. ANYIGOR V. OWATA (1993) 3 KLR 148; (1993) 2 NWLR (PT. 276) 380

 

PRACTICE & PROCEDURE - Service of Court Processes - Failure to serve writ of summons - Court lacks Jurisdiction. NATIONAL BANK LTD. V. GUTHIRE LTD (1993) 4 KLR 1; (1993) 3 NWLR (PT. 284) 643

 

PRACTICE & PROCEDURE - Stay of Proceedings - Appeals - Contempt of Court - Stay of Proceedings application - Where Sentence for contempt was not final - There is something to stay. MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254

 

PRACTICE & PROCEDURE - Technicalities - Motion - Where dismissed or struck out on technicalities - Applicant is not barred from bringing another motion. MOHAMMED V. OLAWUNMI (B) (1993) 5 KLR 37; (1993) 4 NWLR (PT. 288) 384

 

PRACTICE & PROCEDURE - Trial de novo - Evidence - Wrongful rejection of evidence by court - Decision reviewed and Trial de novo ordered. AJAO V. ADIGUN (1993) 3 KLR 1; (1993) 3 NWLR (PT. 282) 389

 

PRELIMINARY OBJECTIONS - Res Judicata - Parties not the same - Applicant seeking to rely on res Judicata in raising preliminary objection - Is not entitled to succeed. AJAKAIYE V. GOV. BENDEL STATE (1993) 11 KLR 181

 

PRELIMINARY OBJECTIONS - Supreme Court’s original jurisdiction - Motion to strike out Plaintiffs claim for Want of jurisdiction - Held sustainable. A-G ANAMBRA STATE V. A-G FEDERATION (1993) 9 KLR 156; (1993) 6 NWLR (PT. 302) 692

 

PROPERTY LAW - Personal property - Seizure of plaintiff’s vehicle by the police - Plaintiff’s valid establishment of better ownership coupled with possession - Seizure of property is unlawful. C.O.P. V. OGUNTAYO (1993) 8 KLR 92; (1993) 6 NWLR (PT. 299) 259

 

PROPERTY LAW - Presumption of ownership of vehicle - Circumstances under which it avails. C.O.P. V. OGUNTAYO (1993) 8 KLR 92; (1993) 6 NWLR (PT. 299) 259

 

PROPERTY LAW - Proof of title to vehicle - Where vehicle particulars and other documents are all in the name of plaintiff - Held to be sufficient proof of title. C.O.P. V. OGUNTAYO (1993) 8 KLR 92; (1993) 6 NWLR (PT. 299) 259

 

PUBLIC HOLIDAYS - Saturday - Work free day distinguished from a public holiday - Saturday - Unless expressly declared - It is only a work free day and not also a public holiday. ANIE V. UZORKA (1993) 12 KLR 1; (1993) 8 NWLR (PT. 309) 1

 

PUBLIC OFFICERS - Limitation of Actions - Public Officers Protection Law - Motor Accident - Commencement of Action by a Public Officer - 3 years after the accident instead of the prescribed 3 months - Action declared statute barred. ADIGUN V. AYINDE (1993) 12 KLR 201; (1993) 8 NWLR (PT. 313) 516

 

PUBLIC OFFICERS - Rule of Law - Where no discretion is granted by statute - Public Functionary must act in accordance with the law - Lest arbitrariness be enthroned. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

REMEDIES - Contracts - Successful proof of indebtedness - Will not be denied by virtue of pending counter claim. WARNER & WARNER LTD. V. F.H.A. (1993) 8 KLR 1; (1993) 6 NWLR (PT. 298) 148

 

REMEDIES - Preservation of the res - Interlocutory Injunction to preserve the Res pending appeal - Special circumstance that will lead to granting of the Remedy. IGWE V. KALU (1993) 4 KLR 33; (1993) 4 NWLR (PT. 285) 1

 

RES JUDICATA - Circumstances that must be in existence - For the plea to avail. OLORIEGBE V. OMOTESHO (1993) 1 KLR 38; (1993) 1 NWLR (PT. 270) 386

 

RES JUDICATA - Different parties names in the two suits - No evidence showing the two names to be one - Res Judicata is not proved. IKE V. UGBOAJA (1993) 9 KLR 62; (1993) 6 NWLR (PT. 301) 539

 

RES JUDICATA - Elements of Res Judicata - What the defendant must prove. IBERO V. UME-OHANA (1993) 2 KLR 66; (1993) 2 NWLR (PT. 277) 510

 

RES JUDICATA - Plea of Res Judicata - Essential Ingredients thereof - What to prove in order to succeed. AJAKAIYE V. GOV. OF BENDEL STATE (1993) 11 KLR 181

 

RES JUDICATA - Preliminary objection - Parties not the same -Applicant seeking to rely on Res Judicata - Preliminary objection is not entitled to succeed. AJAKAIYE V. GOV. OF BENDEL STATE (1993) 11 KLR 181

 

RES JUDICATA - Reliance on res judicata - What to prove - Where the parties are not the same - Res judicata cannot arise. IKE V. UGBOAJA (1993) 9 KLR 62; (1993) 6 NWLR (PT. 301) 539

 

ROBBERY - Consideration governing proper Identification Parade - Where not implemented - Effects thereof. ALABl V. THE STATE (1993) 10 KLR 147; (1993) 7 NWLR (PT. 307) 511

 

RULE OF LAW - Discretion - Public Functionary - Where no discretion is granted by Statute - Must Act in accordance with the Law - Lest arbitrariness be enthroned. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

RULES OF COURT - Appellant’s Briefs - Court of Appeal Rules 0.6 r. 10 - Consequences of not filing appellant’s brief under the Rules. AJAYI V. OMOREGBE (1993) 8 KLR 119; (1993) 6 NWLR (PT. 301) 512

 

RULES OF COURT - Bendel State High Court Rules - Provision of 0.25 r.6 thereof as to obtaining leave to enable the court sit during annual vacation - Not applicable to proceedings conducted on Saturday during normal court sessions. ANIE V. UZORKA (1993) 12 KLR 1; (1993) 8 NWLR (PT. 309) 1

 

RULES OF COURT - Conflict of Rules - Motions - Applicable Rule of Court - Is not the one in force at the commencement of trial - But the Rule in force at time of the Application. ANYIGOR V. OWATA (1993) 3 KLR 148; (1993) 2 NWLR (PT. 276) 380

 

RULES OF COURT - Counter claim - High Court Rules Sokoto State o.24 r. 6 - Its provision on the hearing of counter claim - Properly interpreted. DAN HAUSA LTD. V. PANATRADE LTD. (1993) 8 KLR 106; (1993) 6 NWLR (PT. 298) 204.

 

RULES OF COURT - Court of Appeal Rules 1981 0.3 r.4(2) - That provides for enlargement of time within which to appeal - What applicant must show in order to succeed. ADEYEMI V. Y.R.S. IKE-OLUWA & SONS LTD. (1993) 12 KLR 19; (1993) 8 NWLR (PT. 309) 27

 

RULES OF COURT - Extension of Time - Court of Appeal Rules 0.3 r.4 (2) - Extension of time within which to appeal - Conditions that must be satisfied. C.C.B. LTD. V. OGWURU (1993) 4 KLR 75; (1993) 3 NWLR (PT. 284) 630

 

RULES OF COURT - Motion for Judgment - High Court Rules Lagos 0.28 r.6 - No specific admission by Defendants - To justify granting of the Application. NATIONAL BANK LTD. V. GUTHIRE LTD. (1993) 4 KLR 1; (1993) 3 NWLR (PT. 284) 643

 

RULES OF COURT - Powers of Court - High Court Rules Lagos 0.6 r. 25 - That confers power to strike out or amend Pleadings on the Court - Is disjunctive and not conjunctive in construction. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

RULES OF COURT - Relisting of Appeal - Court of Appeal Rule - Relisting of appeal dismissed for failure to file Appellant’s Brief of Argument - Not allowed under the Rules. OLOWU V. ABOLORE (1993) 6 KLR 64; (1993) 5 NWLR (PT. 293) 255

 

RULES OF COURT - Supreme Court - Supreme Court Rules 1985 0.8 r.6(l) - Filing of notice of withdrawal of appeal - When is appeal deemed to have been withdrawn. EDOZIEN V. EDOZIEN (1993) 1 KLR 90; (1993) 1 NWLR (PT. 272) 678

 

SALE OF GOODS - Frustration of Contract - Time for Delivery - When not expressly stipulated - Implications. MAZIN LTD. V. TOWER LTD. (1993) 7 KLR 78; (1993) 5 NWLR (PT. 295) 526

 

SALE OF GOODS - Stipulation of Time - When legal conditions under which time is taken to be of the essence - Are held not present. MAZIN LTD. V. TOWER LTD. (1993) 7 KLR 78; (1993) 5 NWLR (PT. 295) 526

 

SERVICE OF PROCESSES - Service of Notice of hearing of counter claim on plaintiff - Provisions of Sokoto State High Court Rules thereto - Is mandatory - Where there is no service - Proceedings declared a nullity. DAN HAUSA LTD. V. PANATRADE LTD. (1993) 8 KLR 106; (1993) 6 NWLR (PT. 298) 204

 

SERVICE OF PROCESSES - Writ of Summons - Failure to serve writ of summons - Court lacks jurisdiction - To determine the claim NATIONAL BANK LTD V. GUTHIRE LTD. (1993) 4 KLR 1; (1993) 3 NWLR (PT. 284) 643

 

STATUS QUO - Interlocutory Injunctions - Purpose of Order to maintain status quo - When the application for the order will fail. OYEYEMI V. IREWOLE L.G. (1993) 2 KLR 113; (1993) 1 NWLR (PT. 270) 462

 

STATUTES - Bail - Appeals - Court of Appeal Act 1976 s. 29 - That provides for bail - Proper import thereof. MOHAMMED V. OLAWUNMI (A) (1993) 5 KLR 1; (1993) 4 NWLR (PT. 287) 254

 

STATUTES - Common Law - Arbitration Law of Lagos State - That failed to state what amounts to a misconduct - Reliance is to be on the Common Law. TAYLOR WOODROW LTD. V. SUDDEUTSCHE GMBH (1993) 4 KLR 139; (1993) 4 NWLR (PT. 286) 127

 

STATUTES - Conflict of Laws - S. 1(2) of the Robbery and Fire Arms Decree 1970 under which charge was brought - And in force at time of the offence - Repealed and replaced by another statute - Statute in force at time of offence will be applicable. SELE V. THE STATE (1993) 1 KLR 19; (1993) 1 NWLR (PT. 269) 276

 

STATUTES - Construction of Statutes - Statutory Provisions - Not to be construed as to result in absurdity - Such as importation of retrospectivity - That is not intended. UDOH V. ORTHOPAEDIC HOSPITALS (1993) 10 KLR 67; (1993) 7 NWLR (PT. 304) 139

 

STATUTES - Contract of Service - Federal Polytechnic Act Provisions - Not complied with in removing Appellant from service - Termination declared null and void. ADENIYI V. YABA COTECH (1993) 10 KLR

 

STATUTES - Fresh Evidence - Appeal - Court of Appeal Act 1976 s.16 - That vested power to receive fresh evidence on that court - Construction of the Provision. ANYIGOR V. OWATA (1993) 3 KLR 148; (1993) 2 NWLR (PT. 276) 380

 

STATUTES - Fresh Plea - Criminal Procedure Law s. 164(1) - Failure to take fresh plea after the amendment of charge - Conviction on all counts is not rendered invalid thereby - Save conviction on part thereof wherein no fresh plea was taken. ATTAH V. THE STATE (1993) 11 KLR 77; (1993) 7 NWLR (PT. 305) 257

 

STATUTES - Interpretation - Land Matters - Land Tenure Law s. 38(1) - Correct interpretation thereof. GANKON V. UGOCHUKWU IND. LTD. (1993) 7 KLR 169; (1993) 6 NWLR (PT. 297) 55

 

STATUTES - Jurisdiction - Area Courts Edict - Its Provision as to which Area Courts has jurisdiction - How properly construed. MATARI V. DANGALADIMA (1993) 2 KLR; (1993) 3 NWLR (PT. 281) 266 47

 

STATUTES - Limitation of Actions - Public Officers Protection Law - Claim for Damages for negligence - Commenced after prescribed statutory period - Is statute barred. ADIGUN V. AYINDE (1993) 12 KLR 201; (1993) 8 NWLR (PT. 313) 516

 

STATUTES - Original jurisdiction of the Supreme Court - 1979 Constitution S. 212 - Implications of its modification by Decree No. 1 of 1984. A-G ANAMBRA STATE V. A-G FEDERATION (1993) 9 KLR 156; (1993) 6 NWLR (PT. 302) 692

 

STATUTES - Registrable Instruments - Land Instruments Registration Law of Oyo State SS.2 & 16 - Registrable Instruments thereunder - Does not include documents that merely spell out existing rights of parties. AJAO V. ADIGUN (1993) 3 KLR 1; (1993) 3 NWLR (PT. 282) 389

 

STATUTES - Right of Action - Trade Union Act 1973 - Its provision authorising any five members to take legal action - Held applicable in granting locus standi to plaintiffs. ELUFIOYE V. HALILU (1993) 8 KLR 147; (1993) 6 NWLR (PT. 301) 570

 

STATUTES - State Grant - State Land Law of Eastern Region S.10 - Determination of a State Grant to Landed Property - Proper construction of the section. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

STATUTES - Statute bar - Limitation Law of Lagos State S. 21 - Plaintiff’s failure to abide by its provisions - Plaintiff’s action declared statute barred. ODUBEKO V. FOWLER (1993) 11 KLR 106; (1993) 7 NWLR (PT. 308) 637

 

STATUTES - Termination of Employment - Of a University Lecturer - Non Compliance with the provisions of the enabling Decree - Legal effects. ANYA V. IYAYI (1993) 10 KLR 121; (1993) 7 NWLR (PT. 305) 290

 

SUPREME COURT - Judgment of the Supreme Court - Is binding on the parties - Cannot be reviewed by a Tribunal of Inquiry. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

SUPREME COURT - Judicial Precedents - Previous Decision of the Supreme Court in Oladejo v. The State - Given per incuriam - Departed from and overruled. EGBOGHONOME V. THE STATE (1993) 11 KLR 1; (1993) 7 NWLR (PT. 306) 383

 

SUPREME COURT - Jurisdiction - Application that comes directly from the High Court by passing the Court of Appeal - Supreme Court lacks jurisdiction. A.C.B. LTD. V. OBMIAMIA LTD. (1993) 6 KLR 143; (1993) 5 NWLR (PT. 294) 399

 

SUPREME COURT - Jurisdiction - Supreme Court’s original jurisdiction under S.212 of the 1979 Constitution - Is not still available - In view of modification of that section by a Decree. A-G ANAMBRA STATE V. A-G FEDERATION (1993) 9 KLR 156; (1993) 6 NWLR (PT. 302) 692

 

SUPREME COURT - Jurisdiction of the Supreme Court - Does not extend to the High Court’s judgment - Is limited to Court of Appeal’s Decisions. NWANEZIE V. IDRIS (1993) 3 KLR 48; (1993) 3 NWLR (PT. 279) 1

 

SUPREME COURT - Previous Decisions of the Supreme Court - Power to depart therefrom or overrule same under certain circumstances - When no ground exists to overrule the case of Ojokolobo v. Alamu. ROSSEK V. A.C.B. LTD. (1993) 12 KLR 97; (1993) 8 NWLR (PT. 312) 382

 

SUPREME COURT - Record of Trial Court - Practice & Procedure - Power to amend the record of the trial court - Purpose - When such power will not be exercised. JESSICA LTD V. BENDEL INSURANCE (1993) 1 KLR 75; (1993) 1 NWLR (PT. 271) 538

 

TORTS - Conversion - Detention of vehicle by the police - Where plaintiff has established a valid title thereto - Police held liable in conversion. C.O.P. V. OGUNTAYO (1993) 8 KLR 92; (1993) 6 NWLR (PT. 299) 259

 

TORTS - Libel - Action for Libel - Evidence - Where Document tendered by Plaintiff is inadmissible - Plaintiff’s Action must fail. OGUNBADEJO V. OWOYEMI (1993) 2 KLR 136; (1993) 1 NWLR (PT. 271) 517

 

TORTS - Libel - Action for Libel - What Plaintiff must prove - In order to succeed. OGUNBADEJO V. OWOYEMI (1993) 2 KLR 136; (1993) 1 NWLR (PT. 271) 517

 

TORTS - Motor Accident - Allegation of negligence against driver - How proved. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

TORTS - Negligence - Res ipsa loquitur - Where the doctrine is applicable - Failure to prove particulars of negligence - Is not a bar to its application. IBEKENDU V. IKE (1993) 8 KLR 76; (1993) 6 NWLR (PT. 299) 287

 

TORTS - State immunity - Constitutional Law -1963 Constitution - That provides for State immunity in torts - Is applicable to an action that was commenced before 1979. ADIGUN V. AYINDE (1993) 12 KLR 201; (1993) 8 NWLR (PT. 313) 516

 

TRADE UNIONS - Locus Standi - Action against strong prima facie breaches of Union’s Constitution - By individual members of the Union - Plaintiffs have locus standi. ELUFIOYE V. HALILU (1993) 8 KLR 147; (1993) 6 NWLR (PT. 301) 570

 

TRADE UNIONS - Right of Action - Breach of provisions of Trade Union’s Constitution by its officers - Extent of the right of individual members of the Union to initiate legal proceedings. ELUFIOYE V. HALILU (1993) 8 KLR 146; (1993) 6 NWLR (PT. 301) 570

 

TRESPASS - Damages - Trespass to Land - Claim for Damages against the State - By a tenant in possession after expiration of lease - Held sustainable. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

TRESPASS - Lack of proof - Allegation of trespass against Landlord employer by tenant employee - Failure to prove the allegation - Implications thereof. CHUKWUMAH V. SHELL PETROLEUM (1993) 5 KLR 93; (1993) 4 NWLR (PT. 289) 512

 

TRESPASS - Void Transaction - Family land - Purchase of family land under void transaction - Purchasers declared to be trespassers. LAYINKA V. GREGELE (1993) 4 KLR 51; (1993) 3 NWLR (PT. 283) 518

 

TRIBUNALS - Powers - Tribunal of Inquiry - Inferior to both the High Court and Supreme Court - Not an appeal court - Cannot review or set aside final judgment of Court of competent jurisdiction. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

TRIBUNALS - Review of Judgments - Tribunal of Inquiry - Is not capable of reviewing Supreme Court’s Judgment. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

TRIBUNALS - Jurisdiction - Land Tribunal - Compulsory Acquisition of Land by Government - Jurisdiction that rested with the Land Tribunal - But was later reverted to the High Court - Legal Implications. ADESINA V. KOLA (1993) 8 KLR 38; (1993) 6 NWLR (PT. 298) 182

 

WAIVER - Compulsory retirement - Demand for 3 months salary in lieu of notice - As the retirement is ultra vires and void - Appellant has not waived his right of action, that demand. ADENIYI V. YABA COTECH (1993) 10 KLR 1; (1993) 6 NWLR (PT. 300) 426

 

WAIVER - Proceedings conducted on a Saturday - A party participating fully in trial court’s proceedings conducted on a Saturday - Shall be prevented by the principle of waiver from complaining against same proceedings. ANIE V. UZORKA (1993) 12 KLR 1; (1993) 8 NWLR (PT. 309) 1

 

WAIVER - Proper meaning and application of Waiver - When waiver is held not to be applicable. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

WAIVER - Service of Writ of Summons - Entrance of Appearance in Protest without service - Is not a waiver by the Defendant as to service of Writ of Summons and the Statement of Claim. NATIONAL BANK LTD. V. GUTHIRE LTD (1993) 4 KLR 1; (1993) 3 NWLR (PT. 284) 643

 

WORDS & PHRASES - “Appropriate Authority” - As referred to in S. 4 (2) of Decree 17 of 1984 - What it means. ANYA V. IYAYI (1993) 10 KLR 121; (1993) 7 NWLR (PT. 305) 290

 

WORDS & PHRASES - “May” - Used in relation to giving hearing notice of counter claim to plaintiff under court rules - Is mandatory and not directory. DAN HAUSA LTD. V. PANATRADE LTD. (1993) 8 KLR 106; (1993) 6 NWLR (PT. 298) 204

 

WORDS & PHRASES - “May” - Used in respect of Public Functionaries obligation to private citizens - Is to be construed as mandatory. UDE V. NWARA (1993) 3 KLR 83; (1993) 2 NWLR (PT. 278) 638

 

WORDS & PHRASES - “OF” - Its proper meaning - Is not same as “For” IBERO V. UME-OHANA (1993) 2 KLR 66; (1993) 2 NWLR (PT. 277) 510

 

WORDS & PHRASES - “Waiver” - Proper Import thereof - When held not to arise. ARUBO V. AIYELERU (1993) 2 KLR 23; (1993) 3 NWLR (PT. 280) 126

 

WRIT OF SUMMONS - Claim endorsed on the writ of summons -When held to declare a cause of action. OGBIMI V. OLOLO (1993) 9 KLR 219; (1993) 7 NWLR (PT. 304) 128

 

WRIT OF SUMMONS - Lack of Service - Jurisdiction - Failure to serve Writ of Summons on a Defendant - Court lacks jurisdiction to determine the claim. NATIONAL BANK LTD. V. GUTHIRE LTD (1993) 4 KLR 1; (1993) 3 NWLR (PT. 284) 643

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

 

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

8 INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX_________21

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX QF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECSIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX_

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORT COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX 57

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DEQSIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX_

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DEQSIQNS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS

 

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

INDEX OF SUBJECT MATTER ALL SC 1993 DECISIONS