index

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 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 - whether appellant suffered any injustice thereby. Magnusson v. Koiki (1994) 1 KLR 172; (1993) 9 NWLR (PT. 317) 287

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 - Damages for trespass - Excessive award by trial court - Attitude of appeal court thereto. Imah v. Okogbe (1994) 1 KLR 151; (1993) 9 NWLR (PT. 316) 159

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 - Error in law by Court of Appeal - No miscarriage of justice occasioned thereby - Whether judgment will be reversed. Ajuwon v. Akanni (1994) 1 KLR 129; (1993) 9 NWLR (PT. 316) 182

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 Extension of Time to Cross appeal - 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 Extension of time to cross appeal - 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 pending appeal - Court has jurisdiction. FIRST AFRICAN TRUST BANK V. EZEGBU (1993) 7 KLR 1; (1993) 6 NWLR (PT. 297) 1

APPEALS - Land dispute - Trial court’s finding - Not supported by evidence - Whether Court of Appeal’s reversal of the finding was justified. Ajuwon v. Akanni (1994) 1 KLR 129; (1993) 9 NWLR (PT. 316) 182

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 - No ground attacking lower court’s finding in respect of an issue - Whether appellant can question that finding. Dabup v. Kolo (1994) 1 KLR 99; (1993) 9 NWLR (PT. 317) 254

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 - Pending appeal before the Court of Appeal - whether court can mandate a merchant bank - to delve into certain issues appealed against. Magnusson v. Koiki (1994) 1 KLR 172; (1993) 9 NWLR (PT. 317) 287

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 bypass 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

CHIEFTAINCY MATTERS - Where legal position of Chieftaincy title has been already determined by the “prescribed authority” at time of the suit - whether court can grant the declaration sought Eguamwense v. Amaghizemwen (1994) 1 KLR 1; (1993) 9 NWLR (PT. 317) 254

CIVIL ACTIONS - Action for declaration - proper circumstances for its invocation. Eguamwense v. Amaghizemwen (1994) 1 KLR 1; (1993) 9 NWLR (PT. 317) 254

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 - Discretionary nature of action for declaration - need for court to be cautious - to ensure that the relief sought can be granted. Eguamwense v. Amaghizemwen (1994) 1 KLR 1; (1993) 9 NWLR (PT. 317) 254

COURTS - Doctrine of lis pendens - Not made an issue by the parties - Whether the court can raise it suo motu. Ajuwon v. Akanni (1994) 1 KLR 129; (1993) 9 NWLR (PT. 316) 182

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 - Motion supported by affidavit - Counsel’s failure to argue the second prayer - whether court was bound to have considered that prayer and rule on it. Magnusson v. Koiki (1994) 1 KLR 172; (1993) 9 NWLR (PT. 317) 287

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 filed 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 - Suo motu raising of issue not raised by the parties - Without giving the parties opportunity to address on the issue - Whether substantial miscarriage of justice is always occasioned thereby - What a party must show to secure reversal of the judgment. Imah v. Okogbe (1994) 1 KLR 151; (1993) 9 NWLR (PT. 316) 159

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 machete 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 - 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

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 - Evidence of an accomplice - where unreliable - need for corroboration. Orepekan v. State (1994) 1 KLR 40

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 - Where prosecution’s case is full of unproven facts and Loopholes - whether conviction is safe. Orepekan v. State (1994) 1 KLR 40

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 - Award of high sum of N50,000.00 general damages for trespass without any specific findings or reasons - Whether maintainable - Where trespass is of a technical nature -Sufficient nominal damage to be awarded. Imah v. Okogbe (1994) 1 KLR 151; (1993) 9 NWLR (PT. 316) 159

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 - Claim for general damages - Without any itemised claim for special damages - Where there is evidence of injury, pain & discomfort - Whether plaintiff is entitled to reasonable general damages - How such award of damages is legally determined. Eseigbe v. Agholor (1994) 1 KLR 70; (1993) 9 NWLR (PT. 316) 128

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 - Discretionary power of court to make binding declaration - when court should refuse the exercise thereof. Eguamwense v. Amaghizemwen (1994) 1 KLR 1; (1993) 9 NWLR (PT. 317) 254

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 noncompliance 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 unpleaded 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 nonregistration - 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 - Criminal law - Conspiracy to steal - whether there is direct and positive evidence incriminating the appellant. Orepekan v. State (1994) 1 KLR 40

EVIDENCE - Criminal procedure - evidence of an accomplice - requirement of corroboration - how properly determined. Orepekan v. State (1994) 1 KLR 40

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 - Failure to adduce evidence in support of a vital issue - Whether 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 dispute - No evidence establishing the boundary in question - Whether appellants’ claim was rightly dismissed. Imah v. Okogbe (1994) 1 KLR 151; (1993) 9 NWLR (PT. 316) 159

EVIDENCE - Land dispute - Reliance of each party on a valid certificate of occupancy - Duty of each party to prove area of land covered by his certificate. Dabup v. Kolo (1994) 1 KLR 99; (1993) 9 NWLR (PT. 317) 254

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 postmortem - 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 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

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 - 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

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

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 - 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 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 - Motion for stay of execution - Counsel’s failure to argue one of the prayers - whether tantamount to abandonment of that prayer. Magnusson v. Koiki (1994) 1 KLR 172; (1993) 9 NWLR (PT. 317) 287

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 - 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 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 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 - 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

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-a-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

INTERPRETATION OF STATUTES - Absurdity - Dismissal of an appeal - Court of Appeal Rules 1981 O.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 - Chieftaincy dispute - where jurisdiction is vested by statute in the “prescribed authority” who has already determined the dispute - whether the High Court still has jurisdiction. Eguamwense v. Amaghizemwen (1994) 1 KLR 1; (1993) 9 NWLR (PT. 317) 254

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 - Appellants in possession of certain places within the land in dispute at the time of trespass - Whether their claim was rightly dismissed - Whether appellants’ right to succeed in trespass can be deprived. Imah v. Okogbe (1994) 1 KLR 151; (1993) 9 NWLR (PT. 316) 159

LAND LAW - Claim for damages for trespass - Where ownership and possession are vested in a third party - Whether the plaintiffs can sue for trespass. Imah v. Okogbe (1994) 1 KLR 151; (1993) 9 NWLR (PT. 316) 159

LAND LAW - Claim for declaration of title to land - Where it fails - Whether claim for damages for trespass on the same land must fail. Imah v. Okogbe (1994) 1 KLR 151; (1993) 9 NWLR (PT. 316) 159

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 - Holder of certificate of occupancy - Where area of land is uncertain whether trespass can be proved - To warrant granting of injunction. Dabup v. Kolo (1994) 1 KLR 99; (1993) 9 NWLR (PT. 317) 254

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 Head of 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 - Sale of land made pendente lite - Whether the issue of lis pendens can be raised. Ajuwon v. Akanni (1994) 1 KLR 129; (1993) 9 NWLR (PT. 316) 182

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

LEGISLATION - Where jurisdiction is vested in the prescribed authority - whether High Court’s general supervisory jurisdiction is ousted. Eguamwense v. Amaghizemwen (1994) 1 KLR 1; (1993) 9 NWLR (PT. 317) 254

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 - 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

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

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 grievous 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 - Averment in pleadings - Whether tantamount to evidence - Where averment is denied or disputed - Onus of proof by evidence. Ajuwon v. Akanni (1994) 1 KLR 129; (1993) 9 NWLR (PT. 316) 182

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 - Land dispute - Where appellants’ averment show that ownership and possession are vested in government - Whether appellants are bound by that averment. Imah v. Okogbe (1994) 1 KLR 151; (1993) 9 NWLR (PT. 316) 159

PLEADINGS - Negligence - Doctrine of Res Ipsa Loquitur - 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 - Plaintiffs plea of negligence - Supported by evidence - No specific traverse and evidence by defendant - Whether the pleading will be held against the defendant. Eseigbe v. Agholor (1994) 1 KLR 70; (1993) 9 NWLR (PT. 316) 128

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 - Admission by a set of defendants - Whether submission that the - Court used it against a non admitting party is correct. Ajuwon v. Akanni (1994) 1 KLR 129; (1993) 9 NWLR (PT. 316) 182

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 - Chieftaincy Dispute - decision by the prescribed authority - not challenged by appeal or certiorari - but by declaration which is not appropriate - whether that decision is still valid. Eguamwense v. Amaghizemwen (1994) 1 KLR 1; (1993) 9 NWLR (PT. 317) 254

PRACTICE & PROCEDURE - Claim - Defendant’s entitlement to summary judgment - But where issues raised in the counterclaim are met in the plaintiffs pleading - Whether a different conclusion will be reached. Dabup v. Kolo (1994) 1 KLR 99; (1993) 9 NWLR (PT. 317) 254

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 - Moving of motion supported by affidavit - Counsel’s silence in respect of a prayer - whether that prayer should be deemed as abandoned and dead. Magnusson v. Koiki (1994) 1 KLR 172; (1993) 9 NWLR (PT. 317) 287

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 - Failure of Plaintiff to file a defence to the counter. Dabup v. Kolo (1994) 1 KLR 99; (1993) 9 NWLR (PT. 317) 254

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 O.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 O.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 O.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 O.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 O.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

TORTS - Vicarious liability - Whether a Company owner of vehicle is vicariously liable - For the negligent driving of its employee. Eseigbe v. Agholor (1994) 1 KLR 70; (1993) 9 NWLR (PT. 316) 128

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. GEGELE (1993) 4 KLR 51; (1993) 3 NWLR (PT. 283) 518

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