AJUWON

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 - 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

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

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

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

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

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

DABUP

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

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

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

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

PROCEDURE- Claim - Defendant's entitlement to summary judgment - But where issues raised in the counter-claim 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

EGUAMWENSE

CHIEFTAINCY - Where legal position of Chieftaincy title has been al. Eguamwense v. Amaghizemwen (1994) 1 KLR 1; (1993) 9 NWLR (PT.315) 1

MATTERS ready determined by the "prescribed authority" attune of the suit - whether court can grant the declaration sought. Eguamwense v. Amaghizemwen (1994) 1 KLR 1; (1993) 9 NWLR (PT.315) 1

CIVIL ACTIONS - Action for declaration - proper circumstances for its

invocation. Eguamwense v. Amaghizemwen (1994) 1 KLR 1; (1993) 9 NWLR (PT.315) 1

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.315) 1

DECLARATION - 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.315) 1

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

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;

LIST OF ALL SC 1993 DECISIONS REPORTED

(1993) 9 NWLR (PT.315) 1

PRACTICE AND - Chieftaincy Dispute- decision by the prescribed authority PROCEDURE -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.315) 1

ESEIGBE

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

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

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

IMAH

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

COURT - 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

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

LIST OF ALL SC 1993 DECISIONS REPORTED

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

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 foil. Imah v. Okogbe (1994) 1 KLR 151; (1993) 9 NWLR (PT.316) 159

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

MAGNUSSON

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. Koki (1994) 1 KLR 172; (1993) 9 NWLR (PT.317) 287

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

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. Koki (1994) 1 KLR 172; (1993) 9 NWLR (PT.317) 287

INTERLOCUTORY APPLICATIONS - Motion for stay of execution - Counsel's

LIST OF ALL SC 1993 DECISIONS REPORTED

failure to argue one of the prayers - whether tantamount to abandonment of that prayer. Magnusson v. Koki (1994) 1 KLR 172; (1993) 9 NWLR (PT.317) 287

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. Koki (1994) 1 KLR 172; (1993) 9 NWLR (PT.317) 287

OREPEKAN

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

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

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

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

EDITORIAL