ACCIDENT - Culpable homicide - Defence of accident - Whether the defence was made out. BUBA V. THE STATE (1994) 12 KLR 54; (1994) 7 NWLR (PT. 355) 195

 

ACCIDENT - Manslaughter - Slapping that led to death of the deceased - Where death was not intended thereby - Whether the slapping is an accident. THOMAS V. THE STATE (1994) 5 KLR 144; (1994) 4 NWLR (PT. 337) 129

 

ACCOUNTS - Family Lands Sales - Proceeds therefrom - Counter claim for account by defendants - Plaintiffs held not to be accountable - Proper accountable party. OLORUNFUNMI V. SAKA (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 19; (1994) 2 NWLR (PT. 324) 23

 

ACTIONS - Death of defendant - Land matter against the defendant -Whether the action died with the defendant. MBADINUJU V. EZUKA (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 134; (1994) 8 NWLR (PT. 364) 535

 

ACTIONS - Function of the court - Remedy not asked for - Whether to be awarded by the court. AJAKAIYE V. GOV. OF BENDEL STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 11

 

ACTIONS - Issue - Reference to the statement of claim - Found to reveal the real question in issue. IWUCHUKWU V. DAVE ENG. CO. LTD (1994) 12 KLR 76; (1994) 7 NWLR (PT. 357) 379

 

ACTIONS - Legal personality - Whether university council and the vice chancellor - Can be sued under those names. IBERO V. OBIOHA (1994) 2 KLR 71; (1994) 1 NWLR (PT. 322) 503

 

ACTIONS - Non-maintainable actions - Limitation of actions - Where an action is commenced after the limitation period - The action is not maintainable. EBOIGBE V. NNPC (1994) 10 KLR 68; (1994) 5 NWLR (PT. 347) 649

 

ACTIONS - Ouster Clause of statute - Plaintiffs’ claim - Plain and ordinary meaning thereof. KOTOYE V. SARAKI (1994) 12 KLR 226; (1994) 7 NWLR (PT. 357) 414

 

ACTIONS - Personal action - Title to the land in dispute - Whether the claim is strictly personal to the deceased defendant. MBADINUJU V. EZUKA (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 134; (1994) 8 NWLR (PT. 364) 535

 

ADJOURNMENTS - Justice to both parties - And avoidance of undue delay - Are to be uppermost - In considering application for adjournment. SALU V. EGEIBON (1994) 11 KLR 68; (1994) 6 NWLR (PT. 348) 23

 

ADJOURNMENTS - No good cause - For trial court’s refusal of adjournment - An appellate court is under a duty to review the ruling. SALU V. EGEIBON (1994) 11 KLR 68; (1994) 6 NWLR (PT. 348) 23

 

ADMINISTRATION OF ESTATE - Locus Standi - Where the administrators authorised one amongst them to hold the estate on their behalf - Their right of action is not lost thereby. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

ADMINISTRATION OF ESTATE - Loss of title - Executed deed of conveyance that sought to make one of the administrators a trustee - Did not divest the respondents of their title to the estate. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

ADMINISTRATIVE LAW - Power to delegate - University Council -Has power to delegate some of its functions. ONDO STATE UNIVERSITY V. FOLAYAN (1994) 11 KLR 359; (1994) 7 NWLR (PT. 354) 1

 

ADMINISTRATIVE LAW - Termination of Appointment - By the appropriate authority - Termination letter signed on behalf of the permanent Secretary - Cannot properly terminate the appointment F.C.D.A. V. SULE (1994) 4 KLR 109; (1994) 3 NWLR (PT. 332) 257

 

AGENCY - Finding of the trial court - that the Vice Chancellor and Registrar are agents of the University and the University Council - Is correct. CARLEN (NIG) LTD V. UNIJOS (1994) 2 KLR 96; (1994) 1 NWLR (PT. 323) 631

 

APPEALS - Additional grounds of Appeal - Where filed within time -Whether leave of court is required. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

APPEALS - Adjournment refused by trial court - Where there is no good cause for the refusal - An appellate court is under a duty to review the ruling. SALU V. EGEIBON (1994) 11 KLR 68; (1994) 6 NWLR (PT. 348) 23

 

APPEALS - Admissibility of documents - inherent jurisdiction of appellate courts - To exclude wrongfully admitted document. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

APPEALS - Application for enlargement of time to appeal - Where the filed motion paper is not found - When drawn up order is held to throw light on what was prayed for. ASORE V. LEMOMU (1994) 11 KLR 432; (1994) 7 NWLR (PT. 356) 284

 

APPEALS - Application to strike out some grounds of appeal - When to be upheld. AMUDA V. ADELODUN (1994) 12 KLR 399; (1994) 8 NWLR (PT. 360) 23

 

APPEALS - Award of interest by trial court - Contrary to the provision of Court Rules - Whether Court of Appeal rightly affirmed the decision. HIMMA MERCHANTS LTD V. ALIYU (1994) 10 KLR 50; (1994) 5 NWLR (PT. 347) 667

 

APPEALS - Briefs of appeal - Failure to file the brief of argument - By the 1st accused before the Court of Appeal - The court cannot treat the appeal as having been argued and acquit the accused. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

APPEALS - Competency of appeal - Grant of extension of time to appeal - Where notice and grounds of appeal were filed 4 days outside the extended time - The appeal is not competent. LEMONU V. ASORE (1994) 11 KLR 432; (1994) 7 NWLR (PT. 356) 284

 

APPEALS - Concurrent findings - Chieftaincy matters - Concurrent findings of fact of the two lower courts - Amply supported by evidence -Supreme Court will not dismiss the findings. OTITOJU V. GOV. OF ONDO STATE (1994) 7 KLR 77; (1994) 4 NWLR (PT. 340) 518

 

APPEALS - Concurrent findings - Chieftaincy matters - Where there is nothing perverse, illegal or irregular in the two lower courts’ findings of fact - The Supreme Court will not interfere. ATOYEBI V. GOV. OF OYO STATE (1994) 9 KLR 1; (1994) 5 NWLR (PT. 344) 290

 

APPEALS - Concurrent findings - Criminal Procedure - Where there is no miscarriage of justice - Or violation of any principles of law -Concurrent findings of the courts below amply supported by evidence -Not to be interfered with. BARIDAM V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 250

 

APPEALS - Concurrent findings - Murder - Lower courts’ acceptance of the truth of the confessional statement - Leading to concurrent conviction of appellant - Is justified. NWAEBONYI V. THE STATE (1994) 9 KLR 43; (1994) 5 NWLR (PT. 343) 138

 

APPEALS - Concurrent findings - On the issue of loss suffered by the respondent - Where supported by abundant evidence - Whether the Supreme Court will disturb the findings. NZERIBE V. DAVE ENG. CO. LTD (1994) 13 KLR 68; (1994) 8 NWLR (PT. 361) 124

 

APPEALS - Concurrent findings of fact - When circumstances for disturbing them - Are held not established. UGBO V. ABURIME (1994) 12 KLR 363; (1994) 8 NWLR (PT. 360) 1

 

APPEALS - Conflicting precedents - Where Court of Appeal cannot decide the matter before it without a consideration of conflicting decisions of the Supreme Court - Such consideration was not wrong. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

APPEALS - Court of Appeal - Discretionary power of the court to re-enter a struck out appeal under O. 3 r. 25(2) - What appellant must do - To succeed in an appeal against the exercise of that discretion. ODUTOLA V. KAYODE (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 1

 

APPEALS - Court of Appeal’s decision - Premised on erroneous appreciation of trial court’s finding - When such a decision is not supportable. ENIGBOKAN V. A.I.I. CO. LTD (1994) 11 KLR 44; (1994) 6 NWLR (PT. 348) 1

 

APPEALS - Court of Appeal’s finding - That trial judge placed wrong evaluation on exhibits -When not supportable. MOTANYA V. ELINWA (1994) 12 KLR 309; (1994) 7 NWLR (PT. 356) 252

 

APPEALS - Cross appeal - Failure to cross appeal before the Court of Appeal - Against rejection of document - The issue can be reopened before the Supreme Court. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

APPEALS - Cross Appeal - Whether argument in respect of Cross Appeal - Can be included in the original Appeal without leave. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

APPEALS - Declarations granted by the trial court - Where not supported by evidence - Whether Court of Appeal was right to set them aside. YUSUF V. CO-OPERATIVE BANK (1994) 12 KLR 344; (1994) 7 NWLR (PT. 359) 676

 

APPEALS - Error of Court of Appeal - In holding that objection to admissibility of document ought to be pleaded - Where the error occasioned no miscarriage of justice - The judgment will not be interfered with. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

APPEALS - Error of law - Court of Appeal’s error of law - Substantial miscarriage of justice was occasioned thereby. UNION BANK V. OZIGI (1994) 5 KLR 1; (1994) 3 NWLR (PT. 333) 385

 

APPEALS - Error of lower court - In taking three appeals together - Whether miscarriage of justice is occasioned. IWUCHUKWU V. DAVE ENG. CO. LTD (1994) 12 KLR 76; (1994) 7 NWLR (PT. 357) 379

 

APPEALS - Extension of time to appeal - Right of prosecutor to apply for extension of time. THE STATE V. BASSEY (1994) 13 KLR 264; (1994) 9 NWLR (PT. 367) 130

 

APPEALS - Finding of facts - Not to be easily disturbed by appellate court - Propriety of questioning the trial court’s findings - For being, perverse or not supportable by evidence. NWOKE V. OKERE (1994) 9 KLR 25; (1994) 5 NWLR (PT. 343) 159

 

APPEALS - Finding that an averment was not denied - By the Court of Appeal - Where the records show a denial - That finding cannot be correct. AGWUNEDU V. ONWUMERE (1994) 2 KLR 40; (1994) 1 NWLR (PT. 321) 375

 

APPEALS - Findings of fact - By trial court based on credibility of witnesses - Appellate court will not easily interfere. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

APPEALS - Forgery allegation in civil matters - Land dispute -Allegation by the defendant that a conveyance was forged - Concurrent finding of the two lower courts that the forgery was not established -Upheld by the Supreme Court. TEWOGBADE V. OBADINA (1994) 7 KLR 1; (1994) 4 NWLR (PT. 338) 326

 

APPEALS - Ground of Appeal - Court of Appeal - Incompetent single ground of appeal - Where issues formulated in appellant’s brief did not arise out of that ground - The appeal should not have been entertained. CARLEN (NIG) LTD V. UNIJOS (1994) 2 KLR 96; (1994) 1 NWLR (PT. 323) 631

 

APPEALS - Ground of appeal - Leave of court not obtained in respect of an additional ground - That ground will be struck out. OBIOHA V. DURU (1994) 13 KLR 243; (1994) 8 NWLR (PT. 365) 631

 

APPEALS - Grounds of appeal - Before the Court of Appeal - Sought to be amended by adding more grounds - Contention that 4 of the new grounds are ones of fact or mixed law and fact - And that those grounds are complaining against a separate interlocutory order - Is not sustainable. TOTAL INT. LTD V. AWOGBORO (1994) 6 KLR 88; (1994) 4 NWLR (PT. 337) 147

 

APPEALS - Grounds of Appeal - Under interlocutory appeal - Where the grounds are not of law - Need to obtain leave. TOTAL INT. LTD V. AWOGBORO (1994) 6 KLR 88; (1994) 4 NWLR (PT. 337) 147

 

APPEALS - Grounds of Appeal - When declared to be no grounds at all AMUDA V. ADELODUN (1994) 12 KLR 399; (1994) 8 NWLR (PT. 360) 23

 

APPEALS - Grounds of appeal - Where issues of fact and mixed law are raised - And leave to appeal was granted by appellate High Court without jurisdiction - The appeal to Court of Appeal was not competent. ISHOLA V. AJIBOYE (1994) 11 KLR 208; (1994) 6 NWLR (PT. 352) 506

 

APPEALS - Grounds of appeal - Where of mixed law and facts - And leave was not secured pursuant to s.213(3) of the Constitution - Whether the appeal is competent. THE STATE V. BASSEY (1994) 13 KLR 264; (1994) 9 NWLR (PT. 367) 130

 

APPEALS - Grounds of Appeal - Whether Appellant’s grounds 3 & 7 are based on fact or mixed law and fact. AMUDA V. ADELODUN (1994) 12 KLR 399; (1994) 8 NWLR (PT. 360) 23

 

APPEALS - Incompetent single original ground of appeal - In a murder case - Liberality of Supreme Court in allowing additional grounds -Towards doing substantial justice in capital offences. NDIKE V. THE STATE (1994) 12 KLR 386; (1994) 8 NWLR (PT. 360) 33

 

APPEALS - Interfering with trial court’s findings of fact - Not to be done ordinarily by appellate court - Save in certain justifiable circumstances. ADONRI V. OJO-OSAGIE (1994) 11 KLR 15; (1994) 6 NWLR (PT. 349) 157

 

APPEALS - Interlocutory Injunction - Court of Appeal - Where there is no serious question of law in existence - Court of Appeal was right in upholding refusal of injunction UNION BEVERAGES V. PEPSI COLA (1994) 4 KLR 24; (1994) 3 NWLR (PT. 330) 1

 

APPEALS - Issue not before the court - Court of Appeal cannot set up a different case for the parties - If it must raise a new issue - Need to be addressed on the new issue. ADONRI V. OJO-OSAGIE (1994) 11 KLR 15; (1994) 6 NWLR (PT. 349) 157

 

APPEALS - Issues - Admissibility of documents - No appeal against rejection of document by trial court on ground of inadmissibility - Court of Appeal’s reopening of the issue and ruling that the document was admissible was not proper. UNION BANK V. OZIGI (1994) 5 KLR 1; (1994) 3 NWLR (PT. 333) 385

 

APPEALS - Issues - Argument of issues not raised at trial - Entertained by the Court of Appeal - Is not proper. CARLEN (NIG) LTD V. UNIJOS (1994) 2 KLR 96; (1994) 1 NWLR (PT. 323) 631

 

APPEALS - Issues - General rule that all issues submitted for court’s consideration should be treated - Exceptions thereto - Whether in the instant case any miscarriage of justice was occasioned - By Court of Appeal’s failure to treat all issues raised by the appellant. F.C.D.A. V. SULE (1994) 4 KLR 109; (1994) 3 NWLR (PT. 332) 257

 

APPEALS - Issues of mixed law and facts - Where no leave was obtained - When grounds of Appeal will be struck out. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

APPEALS - Land Law - Sale of Family Land - Modification of trial court’s order as to power to sell - By the Court of Appeal - Held to be correct. OLORUNFUNMI V. SAKA (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 19; (1994) 2 NWLR (PT. 324) 23

 

APPEALS - Leave of court - Where not obtained - Before raising new issues - The new issues should be struck out. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

APPEALS - Leave of Court - Where not obtained for grounds not based on error of law alone - Whether those grounds are competent. AMUDA V. ADELODUN (1994) 12 KLR 399; (1994) 8 NWLR (PT. 360) 23

 

APPEALS - Leave of court - Where not obtained in respect of an additional ground - That ground will be struck out as incompetent. OBIOHA V. DURU (1994) 13 KLR 243; (1994) 8 NWLR (PT. 365) 631

 

APPEALS - Motion to relist struck out appeal - Not pursued timeously -Where proceeding was without jurisdiction ab initio - Time cannot start running against appellant. ODUTOLA V. KAYODE (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 1

 

APPEALS - Murder - Finding of additional reason for conviction by Court of Appeal - Whether a substitution of its own finding to that of trial Court NDIKE V. THE STATE (1994) 12 KLR 386; (1994) 8 NWLR (PT. 360) 33

 

APPEALS - Notice and grounds of appeal - Application for amendment and leave to argue additional ground - When to be granted. ADELAJA V. ALADE (1994) 11 KLR 97; (1994) 7 NWLR (PT. 358) 537

 

APPEALS - Notice and grounds of appeal - Prayer to deem attached notice and grounds of appeal as properly filed - Where there is no evidence that the said amended notice has been filed and appropriate fees paid - That prayer will not be granted. ADELAJA V. ALADE (1994) 11 KLR 97; (1994) 7 NWLR (PT. 358) 537

 

APPEALS - Null and void decision - Where the appeal to Court of Appeal was incompetent - Because no proper leave to appeal was obtained - The Court of Appeal’s decision is null and void. ISHOLA V. AJIBOYE (1994) 11 KLR 208; (1994) 6 NWLR (PT. 352) 506

 

APPEALS - Order of a retrial - By Court of Appeal in a land matter - Held to be as a result of misconception of the case. ADONRI V. OJO-OSAGIE (1994) 11 KLR 15; (1994) 6 NWLR (PT. 349) 157

 

APPEALS - Raising of new issues - That were never raised before the Court of Appeal - Where no leave was obtained - The new issues should be struck out. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

APPEALS - Relevant provisions - Of employment regulations -Wrongfully ignored by Court of Appeal. ONDO STATE UNIVERSITY V. FOLAYAN (1994) 11 KLR 359; (1994) 7 NWLR (PT. 354) 1

 

APPEALS - Respondent’s Notice - Objection based on a submission that cross-appeal was appropriate and not Respondent’s Notice - Appropriate time to raise such objections. ADENE V. DATUNBU (1994) 4 KLR 45; (1994) 2 NWLR (PT. 328) 509

 

APPEALS - Retrial - Right of occupancy - Where Local Government’s grant of right of occupancy is null and void - Retrial ordered by the Court of Appeal is wrong. ADENE V. DATUNBU (1994) 4 KLR 45; (1994) 2 NWLR (PT. 328) 509

 

APPEALS - Retrial - Where findings based on inferences did not arise -The Court of Appeal was not right in re-evaluating evidence, setting aside judgment and ordering a retrial - Proper time to order a retrial. OGBUOKWELU V. UMEANAFUNKWA (1994) 8 KLR 79; (1994) 4 NWLR (PT. 341) 676

 

APPEALS - Retrial order - Trial court’s failure to make findings on material issues that depend on credibility of witnesses - Where appeal is allowed thereby - Retrial is the proper order. OKEDARE V. ABEBARA (1994) 11 KLR 105; (1994) 6 NWLR (PT. 349) 157

 

APPEALS - Reversal of trial court’s findings of fact - Where the findings were not shown to be perverse - The Court of Appeal was wrong in reversing the findings. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

APPEALS - Rules guiding hearing of appeals - Is that appeal is heard on certified record of proceedings - Legal implications of a material omission from the records. SHYLLON V. ASEIN (1994) 11 KLR 135; (1994) 6 NWLR (PT. 353) 670

 

APPEALS - Subsistence of an appeal - Where the 1st appellant died before hearing - Whether all aspects of the claim are ended. AJAKAIYE V. GOV. OF BENDEL STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 11

 

APPEALS - Suo motu issue - Not to be raised by courts advisedly - But where suo motu issue is raised - Need to hear the parties. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

APPEALS - Suo motu issue - Raised by Court of Appeal - Where that court’s decision was not based on that issue - Whether the judgment will be reversed. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

APPEALS - Trial court’s findings of fact - When rightly set aside by appellate court AJAKAIYE V. GOV. OF BENDEL STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 11

 

APPEALS - Trial court’s findings on facts - Based on veracity of a witness before it - Proper attitude of appellate court thereto. OGBU V. ANI (1994) 12 KLR 1; (1994) 7 NWLR (PT. 355) 128

 

APPEALS - Upholding of Findings - Land dispute - Court of Appeal’s upholding of trial Court’s judgment in plaintiffs favour - Is justifiable. IGE V. AKOJU (1994) 7 KLR 37; (1994) 4 NWLR (PT. 340) 535

 

APPEALS - Upholding trial court’s findings - By the Court of Appeal -That an alleged separate town is a quarter and has no paramount ruler -Is correct OTITOJU V. GOV. OF ONDO STATE (1994) 7 KLR 77; (1994) 4 NWLR (PT. 340) 518

 

APPEALS - Wrongful finding - Land matters - Court of Appeal’s finding that plaintiffs evidence on acts of possession were brushed aside unevaluated by trial court - Held not to be correct. OGBUOKWELU V. UMEANAFUNKWA (1994) 8 KLR 79; (1994) 4 NWLR (PT. 341) 676

 

ARBITRATION - Arbitration pursuant to a submission - And one upon a reference by a court - Whether differentiated by applicable laws. HOME DEV. LTD. V. SCANCILA LTD. (1994) 13 KLR 39; (1994) 8 NWLR (PT. 362) 252

 

ARBITRATION - Arbitrator chosen by both parties - Whether to be removed on irrelevant allegation of anti government tendencies. LSDPC V. ADOLD STAMM (1994) 12 KLR 320; (1994) 7 NWLR (PT. 358) 545

 

ARBITRATION - Interest - Arbitrator’s award - Whether respondent is entitled to interest - Where leave to enforce the award was granted. LSDPC V. ADOLD STAMM (1994) 12 KLR 320; (1994) 7 NWLR (PT. 358) 545

 

ARBITRATION - Lacuna in the Law - Where the Arbitration Law provides that - Arbitration on a submission and by reference - Shall have same effect - Whether there is any lacuna in the Law. HOME DEV. LTD. V. SCANCILA LTD. (1994) 13 KLR 39; (1994) 8 NWLR (PT. 362) 252

 

ARBITRATION - Limitation of action - Action seeking to set aside the arbitrator’s award - Where filed outside the 15 days limitation - Whether the action is competent. HOME DEV. LTD. V. SCANCILA LTD. (1994) 13 KLR 39; (1994) 8 NWLR (PT. 362) 252

 

ARBITRATION - Misconduct - Alleged against the arbitrator - Where appellant prayed in the alternative that the award be remitted for the arbitrator’s reconsideration - Allegation of misconduct declared an after thought. LSDPC V. ADOLD STAMM (1994) 12 KLR 320; (1994) 7 NWLR (PT. 358) 545

 

ARBITRATION - Misconduct - Arbitrator’s ex parte proceedings - Where appellant’s absence was wilful - Whether the arbitrator misconducted himself. LSDPC V. ADOLD STAMM (1994) 12 KLR 320; (1994) 7 NWLR (PT. 358) 545

 

ARBITRATION - Setting aside an award - Charges of anti government tendencies against arbitrator - Held not to affect the matter in principle - And to be founded on hearsay evidence. LSDPC V. ADOLD STAMM (1994) 12 KLR 320; (1994) 7 NWLR (PT. 358) 545

 

BANKING - Banking Statute - That ousted court’s jurisdiction - To entertain claims on title to registered share in banks - Whether plaintiff’s claims are caught by the ouster clause. KOTOYE V. SARAKI (1994) 12 KLR 226; (1994) 7 NWLR (PT. 357) 414

 

BANKING - Charge of interest - Whether circumstances exist - That make it unconscionable for bank to charge interest on loans granted by it. UNION BANK V. SAX LTD. (1994) 13 KLR 94; (1994) 8 NWLR (PT. 361) 150

 

BANKING - Increase in Interest rates - Without prior consultation with the mortgagee - Found justified by the deed of mortgage. UNION BANK V. OZIGI (1994) 5 KLR 1; (1994) 3 NWLR (PT. 333) 385

 

BANKING - Rate of interest - Increased by a bank without prior consent of customer - Whether mortgage clauses that so authorised the bank -Would be nullified. UNION BANK V. SAX LTD. (1994) 13 KLR 94; (1994) 8 NWLR (PT. 361) 150

 

CHIEFTAINCY MATTERS - Action to set aside chieftaincy declaration - Whether the declaration was validly made under the enabling statute AJAKAIYE V. GOV. OF BENDEL STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 11

 

CHIEFTAINCY MATTERS - Appointment of traditional ruler - By the military governor under an edict - In disregard of the appointment made by the plaintiffs who claim to be the kingmakers - Whether the governor has such powers. OBABA V. MILITARY GOV. KWARA STATE (1994) 6 KLR 114; (1994) 4 NWLR (PT. 336) 26

 

CHIEFTAINCY MATTERS - Deposition of a traditional ruler -Whether the chief is deposed - When the Governor has not withdrawn the chiefs recognition. THE STATE V. OKECHUKWU (1994) 14 KLR 133; (1994) 9 NWLR (PT. 368) 273

 

CHIEFTAINCY MATTERS - Deposition of a traditional ruler -Whether the power to suspend or depose rests with the Governor. THE STATE V. OKECHUKWU (1994) 14 KLR 133; (1994) 9 NWLR (PT. 368) 273

 

CHIEFTAINCY MATTERS - Jurisdiction - Action to declare appointment of a chief null and void - Preliminary objection that High Court lacked jurisdiction - Sustained by the trial court but overruled by the Court of Appeal - The High Court had jurisdiction. EREJUWA II V. KPEREGBEYI (1994) 8 KLR 31

 

CHIEFTAINCY MATTERS - Locus standi - Where action is based on Respondent’s claim - That chieftaincy title is vested in their family - Where their nominated candidate was rejected - Respondents have the locus standi to sue. EREJUWA II V. KPEREGBEYI (1994) 8 KLR 31

 

CHIEFTAINCY MATTERS - Paramount ruler - Claim that a mere quarter is a distinct town - With its own paramount ruler - When the two lower courts’ findings to the contrary - Will be upheld by the Supreme Court. OTITOJU V. GOV. OF ONDO STATE (1994) 7 KLR 77; (1994) 4 NWLR (PT. 340) 518

 

CHIEFTAINCY MATTERS - Superiority - Question as to which out of two chieftaincy titles is Superior - When government reaction and past legislation are useful in determining the dispute. ATOYEBI V. GOV. OF OYO STATE (1994) 9 KLR 1; (1994) 5 NWLR (PT. 344) 290

 

CHIEFTAINCY MATTERS - Traditional history - Claim of superiority of one chieftaincy against the other - Rejection of Plaintiffs’ version of the traditional history - Proper determination of the overlord Chief out of the contestants. ATOYEBI V. GOV. OF OYO STATE (1994) 9 KLR 1; (1994) 5 NWLR (PT. 344) 290

 

CLAIMS - Admission - Plaintiff’s failure to prove its claim - The claim would have failed in toto - But for defendant’s admission. NATIONAL BANK V. OLATUNDE & CO. LTD (1994) 5 KLR 31; (1994) 3 NWLR (PT. 334) 512

 

CLAIMS - Counterclaim - By the defendants in an action for declaration of ownership - Title held to still remain in the defendants. OBAWOLE V. COKER (1994) 10 KLR 1; (1994) 5 NWLR (PT. 345) 416

 

CLAIMS - Counterclaim - Commission of any wrong in law not established against plaintiff- Counterclaim should not succeed. ADENE V. DATUNBU (1994) 4 KLR 45; (1994) 2 NWLR (PT. 328) 509

 

COMPANY LAW - Allotment of shares - Lower courts’ decision that there were no more shares for allotment - By a Company as at a particular date - Upheld by the Supreme Court. OKOYA V. SANTILLI (1994) 6 KLR 1; (1994) 4 NWLR (PT. 338) 256

 

COMPANY LAW - Directors - No provision within the Memorandum & Articles of Association on removal of Directors - When provision of the Companies Decree specifying ordinary resolution - Is deemed applicable. IWUCHUKWU V. DAVE ENG. CO. LTD (1994) 12 KLR 76; (1994) 7 NWLR (PT. 357) 379

 

COMPANY LAW - Directors - Where appellant was initially employed as a special assistant - But was subsequently appointed a director -Whether Court of Appeal was right - In holding that appellant can be terminated at will on three months notice. IWUCHUKWU V. DAVE ENG. CO. LTD (1994) 12 KLR 76; (1994) 7 NWLR (PT. 357) 379

 

COMPANY LAW - Directors - Where appointment of appellant as a company director - Was not for a fixed time or for life - Which sections of the Companies Decree is applicable. IWUCHUKWU V. DAVE ENG. CO. LTD (1994) 12 KLR 76; (1994) 7 NWLR (PT. 357) 379

 

COMPANY LAW - Directors - Where defendants became directors by virtue of a partnership agreement - They have no voting rights and cannot own shares. OKOYA V. SANTILLI (1994) 6 KLR 1; (1994) 4 NWLR (PT. 338) 256

 

COMPANY LAW - Illegality - Transaction in shares by 3rd defendant -Tainted ab initio with illegality - The illegality should not have been pleaded. OKOYA V. SANTILLI (1994) 6 KLR 1; (1994) 4 NWLR (PT. 338) 256

 

COMPANY LAW - Shares - Claim by defendants that shares were allotted to them - Tendering forged documents in proof of the claim -Where the defendants’ claim has failed - The lower courts were not right in assigning shares to the defendants. OKOYA V. SANTILLI (1994) 6 KLR 1; (1994) 4 NWLR (PT. 338) 256

 

COMPANY LAW - Shares - Expatriates - Securing permission to participate in business - And bringing in money from abroad through Central Bank - Cannot be tantamount to prima facie proof of allotment of shares. OKOYA V. SANTILLI (1994) 6 KLR 1; (1994) 4 NWLR (PT. 338) 256

 

CONFLICT OF LAWS - Applicable statute - Limitation of actions - Conflicting provisions of the state law and the NNPC Act - NNPC Act is the applicable statute. EBOIGBE V. NNPC (1994) 10 KLR 68; (1994) 5 NWLR (PT. 347) 649

 

CONSTITUTIONAL LAW - Appellate composition of Kwara State High Court - Is by two judges of the high court - S.63(l) of the High Court Law that so provided - Is not inconstant with the 1979 Constitution. ISHOLA V. AJIBOYE (1994) 11 KLR 208; (1994) 6 NWLR (PT. 352) 506

 

CONSTITUTIONAL LAW - Breach of fundamental right guaranteed by s.33(l) of the Constitution - By refusal of adjournment - Can be raised at any stage or on appeal. SALU V. EGEIBON (1994) 11 KLR 68; (1994) 6 NWLR (PT. 348) 23

 

CONSTITUTIONAL LAW - Constitution of a high court under s.238 of the 1979 Constitution - Exclusion of a judge of another court - State legislatures are empowered to fix number of judges, to constitute their high courts. ISHOLA V. AJIBOYE (1994) 11 KLR 208; (1994) 6 NWLR (PT. 352) 506

 

CONSTITUTIONAL LAW - Contradictory statutes - Chieftaincy matters - Bendel State Edict that ousts courts’ jurisdiction in Chieftaincy matters - Prior to the promulgation of the 1979 Constitution - Is impliedly repealed to be in conformity with the Constitution. EREJUWA II V. KPEREGBEYI (1994) 8 KLR 31

 

CONSTITUTIONAL LAW - Covering the Field - Use of the words “at least” under s.238 of the Constitution - That section has not covered the field to become self-executing. ISHOLA V. AJIBOYE (1994) 11 KLR 208; (1994) 6 NWLR (PT. 352) 506

 

CONSTITUTIONAL LAW - Failure to hear a party before delivering a ruling - Though S.33(l) of the 1979 Constitution should not apply in all cases - Where the point is so material - Need to hear the parties. SHYLLON V. ASEIN (1994) 11 KLR 135; (1994) 6 NWLR (PT. 353) 670

 

CONSTITUTIONAL LAW - Fair hearing - Master & Servant - Non compliance with Decree 10 of 1985 - Whether a denial of fair hearing under s.33(l) of the 1979 Constitution. NNOLI V. UNTH MGT. BOARD (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 163

 

CONSTITUTIONAL LAW - Fair hearing - Need for court not to raise issues suo motu. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

CONSTITUTIONAL LAW - Fair hearing S.33(l) of the Constitution - allegation that Court of Appeal denied fair hearing to appellants - Held to be unfounded. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

CONSTITUTIONAL LAW - Fair hearing under S.33 (1) of the 1979 Constitution - Proper import - Whether the complainant is entitled to fair hearing - In a criminal complaint commenced by him - Under S.211 (1) of the CPL Lagos State. ATAKE V. AFEJUKU (1994) 14 KLR 83; (1994) 9 NWLR (PT. 368) 379

 

CONSTITUTIONAL LAW - Freedom of association - Unfounded claim by appellants that a quarter is a distinct town with its own paramount ruler - Government’s treatment of appellant’s people as part of the town -Is not tantamount to a violation of their right to freedom of association. OTITOJU V. GOV. OF ONDO STATE (1994) 7 KLR 77; (1994) 4 NWLR (PT. 340) 518

 

CONSTITUTIONAL LAW - Freedom of association, s.37 of the 1979 Constitution - Does not only apply to individuals - Applies also to group rights of a quarter or town - But it is individuals’ exercise of their rights that give rise to group right. OTITOJU V. GOV. OF ONDO STATE (1994) 7 KLR 77; (1994) 4 NWLR (PT. 340) 518

 

CONSTITUTIONAL LAW - Inconsistency - Provision of an Edict - Inconsistent with s.274 of the 1979 Constitution - When declared void for inconsistency. LSDPC V. ADOLD STAMM (1994) 12 KLR 320; (1994) 7 NWLR (PT. 358) 545

 

CONSTITUTIONAL LAW - Inhuman and degrading treatment s.31(l)(a) of the 1979 Constitution - Contention that having stayed in prison for a long period - It would be inhuman to execute sentence of death on appellant - Whether Supreme Court has jurisdiction to determine this issue. NEMI V. THE STATE (1994) 13 KLR 200

 

CONSTITUTIONAL LAW - Ousting of Court’s jurisdiction - Chieftaincy matters - Trial court’s reliance on Edict and 1963 Constitution in excluding court’s jurisdiction - On the view that Decree No. 1 of 1984 has revived ouster clauses in the Edict - Is not sustainable. EREJUWA II V. KPEREGBEYI (1994) 8 KLR 31

 

CONSTITUTIONAL LAW - Referring constitutional questions to the Supreme Court - Under S.259(3) of the constitution - When a question on criminal procedure will not be answered for being incompetent. ATAKE V. AFEJUKU (1994) 14 KLR 83; (1994) 9 NWLR (PT. 368) 379

 

CONSTITUTIONAL LAW - Retired judicial officer - Whether barred by S.256 (2) of the Constitution - From personally conducting before a court a case in which he is a party or complainant. ATAKE V. AFEJUKU (1994) 14 KLR 83; (1994) 9 NWLR (PT. 368) 379

 

CONTRACTS - Breach of agreement - No provision in the mortgage about grant of additional loan - Bank’s refusal to grant more loan -Whether a breach of agreement can be implied. UNION BANK V. SAX LTD. (1994) 13 KLR 94; (1994) 8 NWLR (PT. 361) 150

 

CONTRACTS - Damages for breach of contract - Where plaintiff claims the outstanding contract sum as special damages - He is not entitled to succeed in both special and general damages. KUSFA V. U.B.C.C. LTD (1994) 5 KLR 55; (1994) 4 NWLR (PT. 336) 1

 

CONTRACTS - Evidence - Failure to tender alleged written contract executed by the parties - A non executed articles of agreement embodied within the bills of quantities cannot qualify as the written agreement. NATIONAL BANK V. OLATUNDE & CO. LTD (1994) 5 KLR 31; (1994) 3 NWLR (PT. 334) 512

 

CONTRACTS - Extraneous matters - Imported into the provision of the parties’ contract - Is not proper. UNION BANK V. OZIGI (1994) 5 KLR 1; (1994) 3 NWLR (PT. 333) 385

 

CONTRACTS - Fundamental terms of a particular contract - Where there is no evidence of agreements on those terms - Whether there can be a valid contract. UNION BANK V. SAX LTD. (1994) 13 KLR 94; (1994) 8 NWLR (PT. 361) 150

 

CONTRACTS - General damages - Breach of Contract - Claim for general damages on account of inconvenience and hardship - Deemed considered along with claim for special damages. KUSFA V. U.B.C.C. LTD (1994) 5 KLR 55; (1994) 4 NWLR (PT. 336) 1

 

CONTRACTS - General damages - Claimed on ground of hardship and inconvenience - No evidence to show the parties contemplated this ground at time of contract - There is no ground for the award of general damages. KUSFA V. U.B.C.C. LTD (1994) 5 KLR 55; (1994) 4 NWLR (PT. 336) 1

 

CONTRACTS - Inference of an agreement - Protracted negotiation by the parties vide several letters - Firm agreement is held not to be in existence UNION BANK V. SAX LTD. (1994) 13 KLR 94; (1994) 8 NWLR (PT. 361) 150

 

CONTRACTS - Mortgage agreements - Parties are bound by their contracts - Need for court not to rewrite the parties’ contract. UNION BANK V. SAX LTD. (1994) 13 KLR 94; (1994) 8 NWLR (PT. 361) 150

 

CONTRACTS - Parties - Breach of contract allegation against the wrong party - Legal implications. UNION BEVERAGES V. PEPSI COLA (1994) 4 KLR 24; (1994) 3 NWLR (PT. 330) 1

 

CONTRACTS - Seal - Where contract is not required by law to be under seal - It is not void - Merely because the University seal was not affixed thereto. CARLEN (NIG) LTD V. UNIJOS (1994) 2 KLR 96; (1994) 1 NWLR (PT. 323) 631

 

CONTRACTS - Written agreement between parties - Is binding on them - Impropriety of seeking to import extraneous terms. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

CONVEYANCING - Instrument that contains all essential things - But not in their proper positions - Whether invalid on that ground alone. EDOKPOLO & CO. V. OHENHEN (1994) 12 KLR 180; (1994) 7 NWLR (PT. 358) 511

 

CONVEYANCING - Recital - When a provision thereof - Is held to have clarified the parties intention. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

CORROBORATION - Confessional statement of accused - Corroboration thereto is not compulsory. EBAGUA V. A-G BENDEL STATE (1994) 3 KLR 77; (1994) 2 NWLR (PT. 326) 273

 

COURT PROCESSES - Defect in service - Failure to furnish evidence on the defect in service of the writ - Validity of the writ and jurisdiction issues - Cannot be determined. YUSUF V. CO-OPERATIVE BANK (1994) 12 KLR 344; (1994) 7 NWLR (PT. 359) 676

 

COURT PROCESSES - Hearing notice - Service thereof - No proof that the parties were served - Whether the order striking out the parties’ motions in their absence - Is a nullity. MBADINUJU V. EZUKA (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 134; (1994) 8 NWLR (PT. 364) 535

 

COURT PROCESSES - Service - Personal service directed on appellant - Who is a living person and not an incorporated body - Appellant cannot be served through his employee. ODUTOLA V. KAYODE (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 1

 

COURTS - Appellate jurisdiction - Of Kwara State High Court -Application for leave to appeal - One judge cannot determine it - Where two judges exercised appellate jurisdiction in the case. ISHOLA V. AJIBOYE (1994) 11 KLR 208; (1994) 6 NWLR (PT. 352) 506

 

COURTS - Discretion - For the grant or refusal of adjournment - Is to be judiciously exercised. SALU V. EGEIBON (1994) 11 KLR 68; (1994) 6 NWLR (PT. 348) 23

 

COURTS - Discretion - Of trial court in refusing to grant a stay of proceedings - Whether wrongfully exercised. NZERIBE V. DAVE ENG. CO. LTD. (1994) 13 KLR 68; (1994) 8 NWLR (PT. 361) 124

 

COURTS - Discretion - Payable interest on judgment debt - Under Rules of Court - Circumscribed by the Rule itself stipulating 10% per annum from date of judgment - Higher rate of interest cannot be granted antedating the judgment. HIMMA MERCHANTS LTD. V. ALIYU (1994) 10 KLR 50; (1994) 5 NWLR (PT. 347) 667

 

COURTS - Discretion - To dismiss an action under the rules - Where lack of locus is established - The court should strike out and not dismiss the action. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

COURTS - Discretionary power - Of the Court of Appeal - To reenter struck out appeal - What appellant must show - To succeed in an appeal against the exercise of that discretion. ODUTOLA V. KAYODE (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 1

 

COURTS - Doubt - Receiving of stolen property - If Court is in doubt about accused person’s guilty knowledge - Accused will be discharged and acquitted. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

COURTS - Findings of trial court - Based on the evidence before it -When held justifiable - As was found by Court of Appeal. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

COURTS - Function of the court - Remedy not asked for - Whether to be awarded by the court. AJAKAIYE V. GOV. OF BENDEL STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 11

 

COURTS - Jurisdiction - S.9(l) of the High Court Law - That ousts its original jurisdiction in customary matters - Where claim is not based on the issue of family status - High Court has jurisdiction. AKINFOLARIN V. AKINNOLA 0994) 5 KLR 107; (1994) 3 NWLR (PT. 335) 659

 

COURTS - Practice of court taking down important submission - In the course of proceedings - Is not relaxed under Oyo State High Court Rules. SHYLLON V. ASEIN (1994) 11 KLR 135; (1994) 6 NWLR (PT. 353) 670

 

COURTS - Pronouncing on abandoned relief - By trial court - The exercise is fruitless. ENIGBOKAN V. A.I.I. CO. LTD. (1994) 11 KLR 44; (1994) 6 NWLR (PT. 348) 1

 

COURTS - Setting up a different case for the parties - Cannot be done by Court of Appeal - If it must raise a new issue - It has to be addressed on it. ADONRI V. OJO-OSAGIE (1994) 11 KLR 15; (1994) 6 NWLR (PT. 349) 157

 

COURTS - Speculation - By trial court on an issue - In total absence of any legal evidence - Is a gross error. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

COURTS - Speculation - Culpable homicide - Court’s questioning of motive behind having unsheathed weapon - Whether speculative. BUBA V. THE STATE (1994) 12 KLR 54; (1994) 7 NWLR (PT. 355) 195

 

COURTS - Statutory provision for making an order - Where vested in a named officer - Whether court can usurp such function vide its judgment. AJAKAIYE V. GOV. OF BENDEL STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 11

 

CRIMINAL INVESTIGATION - Confessional statement - Taking a suspect to a senior police officer - For a confirmation of voluntary confession - Whether non compliance will affect value of the confession. NEMI V. THE STATE (1994) 13 KLR 200

 

CRIMINAL LAW - Accident - Manslaughter - Slapping that led to death of the deceased - Where death was not intended thereby - The slapping is not an accident. THOMAS V. THE STATE (1994) 5 KLR 144; (1994) 4 NWLR (PT. 337) 129

 

CRIMINAL LAW - Aiding and abetting - Where the crime could not have been committed without accused person’s assistance - Accused acted in pursuance of a common criminal purpose - Together with other accused persons. ERIM V. THE STATE (1994) 10 KLR 30; (1994) 5 NWLR (PT. 346) 522

 

CRIMINAL LAW - Conspiracy - Trial for conspiracy and substantive offence - How actual fact of conspiracy is deduced. ERIM V. THE STATE (1994) 10 KLR 30; (1994) 5 NWLR (PT. 346) 522

 

CRIMINAL LAW - Conspiracy - Where conviction on some counts of the information were set aside - Whether to be a basis for not upholding conviction for conspiracy. ERIM V. THE STATE (1994) 10 KLR 30; (1994) 5 NWLR (PT. 346) 522

 

CRIMINAL LAW - Conspiracy to steal - Overwhelming evidence against the appellant - Where the crime could not have been committed without his assistance - Appellant acted in pursuance of a common criminal purpose together with other accused persons. ERIM V. THE STATE (1994) 10 KLR 30; (1994) 5 NWLR (PT. 346) 522

 

CRIMINAL LAW - Conspiracy, stealing and forgery offences - Evidence - Whether appellant’s conviction was supported by evidence. ERIM V. THE STATE (1994) 10 KLR 30; (1994) 5 NWLR (PT. 346) 522

 

CRIMINAL LAW - Criminal defences - Self defence and provocation -Held not to avail the accused - When conviction based on appellant’s confession was held to be justified. BATURE V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 2506

 

CRIMINAL LAW - Culpable homicide - Confessional statement -Whether sufficient to justify conviction. BATURE V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 2506

 

CRIMINAL LAW - Culpable homicide - Where appellant was armed for a fight - Whether a clear manifestation of intent to injure grievously. BUBA V. THE STATE (1994) 12 KLR 54; (1994) 7 NWLR (PT. 355) 195

 

CRIMINAL LAW - Defences of provocation and self defence - Whether available to the appellant - In a charge of murder. EKPE V. THE STATE (1994) 14 KLR 163; (1994) 9 NWLR (PT. 368) 263

 

CRIMINAL LAW - Inconsistency of a verdict - Trial for conspiracy together with that for alleged substantive offences - Whether a verdict of guilty on conspiracy count and not guilty on substantive offence or vice versa - Is necessarily inconsistent. ERIM V. THE STATE (1994) 10 KLR 30; (1994) 5 NWLR (PT. 346) 522

 

CRIMINAL LAW - Insanity - Murder - Circumstances in which the defence could be established - Whether available unto the discharge of burden of proving insanity. NNABO V. THE STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 116

 

CRIMINAL LAW - Manslaughter - Appellant’s unlawful act of slapping the deceased - Though such act was remotely likely to endanger life -Where death resulted therefrom - A case of manslaughter is established. THOMAS V. THE STATE (1994) 5 KLR 144; (1994) 4 NWLR (PT. 337) 129

 

CRIMINAL LAW - Manslaughter - Flogging the deceased to death - No intention to kill or do grievous bodily harm - Manslaughter conviction substituted for murder. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

CRIMINAL LAW - Murder - Allegation that the appellant shot and killed the deceased - Appellant was rightly convicted. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

CRIMINAL LAW - Murder - Conviction of appellant based on his confessional statement - Is proper - Prosecution proved its case beyond reasonable doubt. NWAEBONYI V. THE STATE (1994) 9 KLR 43; (1994) 5 NWLR (PT. 343) 138

 

CRIMINAL LAW - Murder - Evidence - Clear and cogent circumstantial evidence coupled with accused person’s confessional statement - Conviction will not be quashed. NWANGBOMU V. THE STATE (1994) 4 KLR 1; (1994) 2 NWLR (PT. 327) 380

 

CRIMINAL LAW - Murder - Excessive beating of the deceased by the appellants - When intention to kill is found lacking - Conviction for murder cannot be sustained. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

CRIMINAL LAW - Possession of stolen property - Failure of accused persons to give a true account of how they came into possession - Their conviction was proper. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

CRIMINAL LAW - Proof beyond reasonable doubt - Manslaughter conviction - There is overwhelming evidence in support of the conviction. THOMAS V. THE STATE (1994) 5 KLR 144; (1994) 4 NWLR (PT. 337) 129

 

CRIMINAL LAW - Provocation - Existence of time for reflection - Infliction of injury that is out of proportion - Whether plea of provocation is available to the accused. AKPAN V. THE STATE (1994) 14 KLR 49; (1994) 9 NWLR (PT. 368) 347

 

CRIMINAL LAW - Receiving stolen property - If court is in doubt about accused person’s guilty knowledge - Accused will be discharged and acquitted. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

CRIMINAL LAW - Self defence - Murder - When there is evidence as to what led to death of deceased - Appellant acted not in self defence. BARIDAM V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 250

 

CRIMINAL LAW - Self defence - Murder - Where accused person’s defensive measures are out of proportion to the danger he faced - Whether self defence avails. AKPAN V. THE STATE (1994) 14 KLR 49; (1994) 9 NWLR (PT. 368) 347

 

CRIMINAL LAW - Stealing - Disappearance of complainant’s video recorder after his house was burgled - Reappearing of the video in 1st Respondent’s shop - The circumstances lead to the conclusion that the video was stolen. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

CRIMINAL PROCEDURE - Alibi - Appeals - Acceptance of two eye witness accounts - Court of Appeal rightly upheld trial court’s decision -By holding that the issue was one of credibility. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

CRIMINAL PROCEDURE - Alibi - Prosecution’s failure to investigate appellant’s defence of alibi - When not fatal. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

CRIMINAL PROCEDURE - Alibi - Where a witness saw appellant committing the offence charged - If the witness is believed - The defence of alibi is demolished. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

CRIMINAL PROCEDURE - Autopsy - Whether proved to have been performed on the body of the deceased. NDIKE V. THE STATE (1994) 12 KLR 386; (1994) 8 NWLR (PT. 360) 33

 

CRIMINAL PROCEDURE - Chieftaincy offence - Proof of death or deposition of incumbent chief - Whether the respondent was rightly convicted - For the offence charged. THE STATE V. OKECHUKWU (1994) 14 KLR 133; (1994) 9 NWLR (PT. 368) 273

 

CRIMINAL PROCEDURE - Confession - Extra judicial confession by accused - Positive and unambiguous - Is not inadmissible - Merely because it was resiled from. EBAGUA V. A-G. BENDEL STATE (1994) 3 KLR 77

 

CRIMINAL PROCEDURE - Confession by an accused - Allegation of torture three years after the confession was admitted in evidence - Held to be an after thought. EBAGUA V. A-G. BENDEL STATE (1993) 3 KLR 77

 

CRIMINAL PROCEDURE - Confessional statement - When proved to be voluntary. NWAEBONYI V. THE STATE (1994) 9 KLR 43; (1994) 5 NWLR (PT. 343) 138

 

CRIMINAL PROCEDURE - Confessional statements - Statement of the accused -.In two of the exhibits - Are confessional. KASA V. THE STATE (1994) 9 KLR 84; (1994) 5 NWLR (PT. 344) 269

 

CRIMINAL PROCEDURE - Conspiracy - Proof thereof is generally a matter of inference - When circumstances from which appellant’s involvement can be inferred - Are found to exist. ERIM V. THE STATE (1994) 10 KLR 30; (1994) 5 NWLR (PT. 346) 522

 

CRIMINAL PROCEDURE - Contradiction - In evidence of prosecution - To be fatal - Must go to the root of the issue. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

CRIMINAL PROCEDURE - Contradictions - Murder - Identification of Corpse - Where contradictions in the prosecution’s case are minor - Trial will not be vitiated. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

CRIMINAL PROCEDURE - Conviction - Murder - Allegation that appellant shot and killed the deceased - Appellant was rightly convicted. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

CRIMINAL PROCEDURE - Conviction for conspiracy - Where conviction on some counts were set aside - It will not be a basis for not upholding conviction for conspiracy. ERIM V. THE STATE (1994) 10 KLR 30; (1994) 5 NWLR (PT. 346) 522

 

CRIMINAL PROCEDURE - Corroboration - Confessional statement of accused - Corroboration is not compulsory - Circumstances under which conviction can be based on the confession alone. EBAGUA V. A-G. BENDEL STATE (1994) 3 KLR 77

 

CRIMINAL PROCEDURE - Corroboration - Threat to kill the deceased - Held to be a corroboration to some extent - Of appellant’s confessional statements. KASA V. THE STATE (1994) 9 KLR 84; (1994) 5 NWLR (PT. 344) 269

 

CRIMINAL PROCEDURE - Costs - Chieftaincy Offence - Whether Cost can be awarded against the state. THE STATE V. OKECHUKWU (1994) 14 KLR 133; (1994) 9 NWLR (PT. 368) 273

 

CRIMINAL PROCEDURE - Culpable homicide - Contradictions -Whether material enough - To vitiate prosecutions case. BUBA V. THE STATE (1994) 12 KLR 54; (1994) 7 NWLR (PT. 355) 195

 

CRIMINAL PROCEDURE - Culpable homicide - Requirement that leave be obtained from the trial High Court before preferring a charge against the accused person - Where the Rules are silent as to whether it should be in open court or in Chambers - When presumption of regularity will come into play. BATURE V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 2506

 

CRIMINAL PROCEDURE - Culpable homicide - Requirement under s.185 of the Criminal Procedure Code - That leave of the trial High Court be obtained to prefer a charge against accused - Is complied with -In view of the endorsement in the record of proceedings. BATURE V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 2506

 

CRIMINAL PROCEDURE - Culpable homicide - Where circumstantial evidence is unequivocal - Appellant held responsible. BUBA V. THE STATE (1994) 12 KLR 54; (1994) 7 NWLR (PT. 355) 195

 

CRIMINAL PROCEDURE - Defence of accident - Culpable homicide - Whether the defence was made out. BUBA V. THE STATE (1994) 12 KLR 54; (1994) 7 NWLR (PT. 355) 195

 

CRIMINAL PROCEDURE - Doubts - A trial court is entitled to entertain some doubt - Benefit of which is usually given to the accused -Doubts based on speculations are no doubts. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

CRIMINAL PROCEDURE - Dying declaration - Where words used are not free from ambiguity - Manifest contradiction therein would militate against its application. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

CRIMINAL PROCEDURE - Extra judicial statement - Retraction therefrom - Whether it has any effect on appellant’s conviction. EKPE V. THE STATE (1994) 14 KLR 163; (1994) 9 NWLR (PT. 368) 263

 

CRIMINAL PROCEDURE - Failure to prove any facts in favour of the accused - When prosecution is held to have discharged its burden of Proof. BARIDAM V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 250

 

CRIMINAL PROCEDURE - Fine in Lieu of imprisonment - Where the law states that the imprisonment term is without option of fine -Whether the trial court has the power to give an option of fine. THE STATE V. OKECHUKWU (1994) 14 KLR 133; (1994) 9 NWLR (PT. 368) 273

 

CRIMINAL PROCEDURE - Forensic report - Not secured to prove that blood was that of the deceased - Exhibit of blood stained clothe proved nothing. KASA V. THE STATE (1994) 9 KLR 84; (1994) 5 NWLR (PT. 344) 269

 

CRIMINAL PROCEDURE - Ingenious reply - Where there is overwhelming evidence against each appellant - Whether an ingenious reply would vitiate conviction - Whether so called new matter warrants a reply by accused. NEMI V. THE STATE (1994) 13 KLR 200

 

CRIMINAL PROCEDURE - Insanity - Murder - Abnormal behaviour per se by appellant after his arrest - Whether sufficient to establish a defence of insanity. NNABO V. THE STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 116

 

CRIMINAL PROCEDURE - Insanity - Murder - Nothing in appellant’s evidence capable of making court suspect he was insane -Court’s finding that there was no evidence of mental illness at time of murder - Is proper. CHUKWU V. THE STATE (1994) 5 KLR 87; (1994) 3 NWLR (PT. 335) 640

 

CRIMINAL PROCEDURE - Insanity - Murder - Where appellant’s confessional statement confirmed his sanity - Existence of other evidence that further justify conviction - Whether the defence of insanity avails the appellant. NNABO V. THE STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 116

 

CRIMINAL PROCEDURE - Insanity - Where accused adduced no evidence of insanity - Whether prosecution has any onus of disproving insanity. NNABO V. THE STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 116

 

CRIMINAL PROCEDURE - Insanity - Whether trial court’s consideration of confessional statement - Before dealing with issue of insanity - Occasioned a miscarriage of justice. NNABO V. THE STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 116

 

CRIMINAL PROCEDURE - Mistake of lower courts - Conspiracy to steal from a bank - Overwhelming evidence against the convicted appellant bank manager - Whether there are any mistakes of the lower courts that occasioned miscarriage of justice. ERIM V. THE STATE (1994) 10 KLR 30; (1994) 5 NWLR (PT. 346) 522

 

CRIMINAL PROCEDURE - Motive and opportunity - Where available evidence show that appellant had motive and opportunity to commit the crime - And he is connected thereto - Conviction will not be quashed. NWAEBONYI V. THE STATE (1994) 9 KLR 43; (1994) 5 NWLR (PT. 343) 138

 

CRIMINAL PROCEDURE - Murder - Burden of proof of cause of death - And intention to inflict grievous bodily harm - Whether discharged by the prosecution. AKPAN V. THE STATE (1994) 14 KLR 49; (1994) 9 NWLR (PT. 368) 347

 

CRIMINAL PROCEDURE - Murder - No denial of incident resulting in death of appellant - Appellant’s version of the evidence - Whether rightly rejected by the trial court. EKPE V. THE STATE (1994) 14 KLR 163; (1994) 9 NWLR (PT. 368) 263

 

CRIMINAL PROCEDURE - Murder - Onus of proof beyond reasonable doubt - Discharged by the prosecution - Defences of provocation and self defence held not available to accused. AKPAN V. THE STATE (1994) 14 KLR 49; (1994) 9 NWLR (PT. 368) 347

 

CRIMINAL PROCEDURE - Murder - Police investigation - Attacked by appellant - When investigation is held to be satisfactory and normal. B ARID AM V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 250

 

CRIMINAL PROCEDURE - Murder charge against Appellant - Whether proved beyond reasonable doubt. NDIKE V. THE STATE (1994) 12 KLR 386; (1994) 8 NWLR (PT. 360) 33

 

CRIMINAL PROCEDURE - Plea - Murder - Verbatim recording of appellant’s plea “I murdered him by right” - Before entering a plea of not guilty - Appellant’s case is not prejudiced or adversely affected thereby - Such verbatim recording of plea is not irregular in view s. 215 of the CPL. CHUKWU V. THE STATE (1994) 5 KLR 87; (1994) 3 NWLR (PT. 335) 640

 

CRIMINAL PROCEDURE - Plea - Verbatim recording of plea -Whether irregular in view of s.215 of the CPL. CHUKWU V. THE STATE (1994) 5 KLR 87; (1994) 3 NWLR (PT. 335) 640

 

CRIMINAL PROCEDURE - Proof beyond reasonable doubt - Murder - Conviction of appellant based on his confessional statement - Is proper - As prosecution proved its case beyond reasonable doubt. NWAEBONYI V. THE STATE (1994) 9 KLR 43; (1994) 5 NWLR (PT. 343) 138

 

CRIMINAL PROCEDURE - Proof beyond reasonable doubt - Murder - From the totality of evidence adduced - There is no doubt as to the date of death, cause thereof and identity of the deceased. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

CRIMINAL PROCEDURE - Receiving stolen property - Evidence that the property was stolen - And the receiver knew it to be stolen - Must be presented in proof of the offence. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

CRIMINAL PROCEDURE - Recent possession of stolen property - Explanation by accused of his possession - Which might reasonably be true - Would displace the presumption under S. 148 (a) of the Evidence Act. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

CRIMINAL PROCEDURE - Recent possession of stolen property - S. 148 (a) of the Evidence Act - Where the provision is applicable - Burden shifts to accused - To explain how he came into possession. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

CRIMINAL PROCEDURE - Reply - Forms an integral part of trial -Absence of accused person’s counsel amounts to a breach of s.352 of the CPL - When such breach is merely technical - Whether miscarriage of justice is occasioned. NEMI V. THE STATE (1994) 13 KLR 200

 

CRIMINAL PROCEDURE - Reply - Introduction of new matter by prosecutor in his address - When failure to allow accused to reply will vitiate the trial. NEMI V. THE STATE (1994) 13 KLR 200

 

CRIMINAL PROCEDURE - Reply - Where accused and his counsel had no right of reply - Whether absence of defence counsel prejudiced accused person’s right of reply. NEMI V. THE STATE (1994) 13 KLR 200

 

CRIMINAL PROCEDURE - Retraction of confessional statement -Murder - Where there is evidence linking appellant to the crime -Admissibility and credibility of the retracted confession will not be affected. NWAEBONYI V. THE STATE (1994) 9 KLR 43; (1994) 5 NWLR (PT. 343) 138

 

CRIMINAL PROCEDURE - Soundness of mind - Murder - Where appellant was treated and cured of mental illness about 3 years to the commission of crime - No evidence of a relapse - Appellant’s plea did not suggested any incapability of making his defence. CHUKWU V. THE STATE (1994) 5 KLR 87; (1994) 3 NWLR (PT. 335) 640

 

CRIMINAL PROCEDURE - Statement of a witness to the police -Where no reason was given for seeking to tender it - Whether the application was rightly rejected. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

CRIMINAL PROCEDURE - Statement of accused - Admitted in evidence - Where accused did not testify and the statement is not confessional - The contents cannot be treated as proved. KASA V. THE STATE (1994) 9 KLR 84; (1994) 5 NWLR (PT. 344) 269

 

CRIMINAL PROCEDURE - Statement of accused - That is admissible on grounds of relevancy - Cannot be considered to be true - Without accused giving evidence to that effect. KASA V. THE STATE (1994) 9 KLR 84; (1994) 5 NWLR (PT. 344) 269

 

CRIMINAL PROCEDURE - Statement to Police - Can only be used to discredit the maker - Where not so used - But merely received as identification - The statement cannot metamorphose into an exhibit. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

CRIMINAL PROCEDURE - Statement to Police - Where no proper foundation was laid for its reception - It is not admissible as an exhibit. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

CRIMINAL PROCEDURE - Statement to the police - Use of part of appellant’s 1st statement to police - Where same conclusion would have been reached without reference to it - No miscarriage of justice is occasioned. AKPAN V. THE STATE (1994) 14 KLR 49; (1994) 9 NWLR (PT. 368) 347

 

CRIMINAL PROCEDURE - Statement voluntarily made to the Police - Not resiled from - Whether properly admitted. BUBA V. THE STATE (1994) 12 KLR 54; (1994) 7 NWLR (PT. 355) 195

 

CRIMINAL PROCEDURE - Stealing and receiving stolen property -Evidence that the property was stolen - And that the receiver knew it to be stolen - Must be presented in proof of the offences. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

CRIMINAL PROCEDURE - Taking a suspect to senior police officer -For a confirmation of voluntary confessional statement - Whether non compliance per se will affect evidential value of the confession. NEMI V. THE STATE (1994) 13 KLR 200

 

CRIMINAL PROCEDURE - Trial - Vitiation - Alleged contradictions in prosecution’s case - Where minor - The trial will not be vitiated. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

CRIMINAL PROCEDURE - Trial within trial - Confessional statements of an accused person - Admissibility - Where the accused did not object to admission of the statement on ground of involuntariness -Trial within trial was not necessary. NWANGBOMU V. THE STATE (1994) 4 KLR 1; (1994) 2 NWLR (PT. 327) 380

 

CRIMINAL PROCEDURE - Vital witness - Where evidence of a witness could not have determined the case - Failure to call that witness was not fatal to prosecution’s case. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

CRIMINAL PROCEDURE - Written statement made by prosecution witness - The defence is entitled to see it - For purpose of cross examination - Without first alleging a discrepancy - And may tender it solely to impeach credit of the witness. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

CRIMINAL PROCEDURE - Written statement of prosecution witness - Distinction between an application for its production - And one to tender it by the defence - If sought to be tendered for purpose of establishing the truth - Or for no reason - Court is to reject such application. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

CRIMINAL PROCEDURE - Wrongful holding out as a chief - Where admitted by respondent - The Court of Appeal was wrong in setting aside the trial court’s conviction. THE STATE V. OKECHUKWU (1994) 14 KLR 133; (1994) 9 NWLR (PT. 368) 273

 

CULPABLE HOMICIDE - Conviction of the two accused persons -Acquittal of 2nd accused by the Court of Appeal - Appellant’s conviction based on his confessional statements and available circumstantial evidence - Is sustainable. KASA V. THE STATE (1994) 9 KLR 84; (1994) 5 NWLR (PT. 344) 269

 

CUSTOMARY LAW - Proof of a custom - Is by judicial notice or evidence - Where proved by evidence - Concurrent findings will not be interfered with. OKONKWO V. OKAGBUE (1994)14 KLR 1; (1994) 9 NWLR (PT. 368) 301

 

CUSTOMARY LAW - CUSTOMARY LAW - Marriage - For a dead man by his sitters - 30 years after his death - Found to be the custom of the people - Whether repugnant to natural justice equity and good conscience. OKONKWO V. OKAGBUE (1994) 14 KLR 1; (1994) 9 NWLR (PT. 368) 301

 

DAMAGES - Adequate compensation - By award of special damages - Award of general damages is unnecessary. KUSFA V. U.B.C.C. LTD (1994) 5 KLR 55; (1994) 4 NWLR (PT. 336) 1

 

DAMAGES - Breach of contract - Award of special and general damages by the trial court - Plaintiff is adequately compensated by award of only special damages - The award of general damages is not necessary. KUSFA V. U.B.C.C. LTD (1994) 5 KLR 55; (1994) 4 NWLR (PT. 336) 1

 

DAMAGES - Establishment of the loss claimed - Trial judge’s mere observation that loss could not be fully calculated - Whether a finding that the loss claimed was not established. NZERIBE V. DAVE ENG. CO. LTD. (1994) 13 KLR 68; (1994) 8 NWLR (PT. 361) 124

 

DAMAGES - Interfering with damage awarded by trial court - Where the award was not based on wrong principles - And there was no cross appeal to have the award enhanced - It will not be interfered with. NZERIBE V. DAVE ENG. CO. LTD. (1994) 13 KLR 68; (1994) 8 NWLR (PT. 361) 124

 

DAMAGES - Proof of loss - Where quantum of loss proved is precise and calculable - And the lower Courts awarded far less than amounts claimed - Whether attack on the awarded damage has any merit. NZERIBE V. DAVE ENG. CO. LTD. (1994) 13 KLR 68; (1994) 8 NWLR (PT. 361) 124

 

DAMAGES - Special & General damages - Where there is no claim for arrears of salary or allowances - And no proof of special and general damages - Whether the N1,000,000 damages claimed will be granted - Seeing that the appellant’s action succeeded. IWUCHUKWU V. DAVE ENG. CO. LTD (1994) 12 KLR 76; (1994) 7 NWLR (PT. 357) 379

 

DAMAGES - Trespass to land - Where established - Whether N500.00 damages is excessive. UGBO V. ABURIME (1994) 12 KLR 363; (1994) 8 NWLR (PT. 360) 1

 

DECLARATIONS - Granted by the trial court - Where not supported by evidence - Whether Court of Appeal was right to set them aside. YUSUF V. CO-OPERATIVE BANK (1994) 12 KLR 344; (1994) 7 NWLR (PT. 359) 676

 

DEED OF CONVEYANCE - Admissibility - Deed registered by the registrar - Where there was substantial compliance with statutory requirements - The Deed is admissible. ALIYU V. SODIPO (1994) 8 KLR 56; (1994) 5 NWLR (PT. 342) 1

 

DEFAMATION - Defence of fair comment - When not properly pleaded - Defence of qualified privilege - Held not pleaded at all. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

DEFAMATION - Justification - Libel - Publication describing Amorc as secret and satanic - Held to be justified. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

DEFAMATION - Libel - Defence of justification - Where pleaded -Whether the words complained of will be construed as a whole. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

DEFAMATION - Libel - Failure to plead innuendo - When deemed a ground for rejecting an exhibit. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

DEFAMATION - Libel - Proof of publication - Not to be by mere reliance on the journal in question - Whether the two lower courts can rely on evidence of members of the plaintiff - In finding proof of the publication. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

DOCUMENTS - Agreement between the parties - Where set out in a written document - Whether it can be varied by extrinsic evidence. UNION BANK V. SAX LTD. (1994) 13 KLR 94; (1994) 8 NWLR (PT. 361) 150

 

DOCUMENTS - Relevance - Documents that relate to a previous suit relied upon for res judicata plea - Where the plea fails - Those documents can be of no relevance. OSAFILE V. ODI (1994) 3 KLR 38; (1994) 2 NWLR (PT. 325) 125

 

DOCUMENTS - Signing of a document - By a person of full age and capacity who is not an illiterate - legal implications - It is not possible to claim lack of understanding. OKOYA V. SANTILLI (1994) 6 KLR 1; (1994) 4 NWLR (PT. 338) 256

 

DOCUMENTS - Terms not contained in a document - Cannot be imported therein. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

DOCUMENTS - Unambiguous provisions of mortgage agreements - Whether the operative words - Should be given their ordinary grammatical meaning. UNION BANK V. SAX LTD. (1994) 13 KLR 94; (1994) 8 NWLR (PT. 361) 150

 

DOCUMENTS - Validity of a deed - Whether appellant who is not a party to the deed - Can apply to set it aside as null and void. EDOKPOLO & CO. V. OHENHEN (1994) 12 KLR 180; (1994) 7 NWLR (PT. 358) 511

 

DOCUMENTS - Variation - In description of land on the different documents - As to the number of acres - The two lands are not the same. OBAWOLE V. COKER (1994) 10 KLR 1; (1994) 5 NWLR (PT. 345) 416

 

DOCUMENTS - Weight - No evidence challenging correctness of document - Due weight is to be placed on the document. ALIYU V. SODIPO (1994) 8 KLR 56; (1994) 5 NWLR (PT. 342) 1

 

EQUITY - Appeals - Relisting struck out appeal - Not timeously pursued - Where appellant was not served - Equitable doctrine of helping the vigilant and not the indolent - Is not applicable. ODUTOLA V. KAYODE (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 1

 

EQUITY - Doctrine of helping the vigilant - Relisting struck out appeal -The doctrine is not applicable. ODUTOLA V. KAYODE (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 1

 

EQUITY - Equitable interest - Unregistered land instrument - Inadmissible for nonregistration - Is admissible as a purchase receipt - By virtue of which equitable interest is acquired. TEWOGBADE V. OBADINA (1994) 7 KLR 1; (1994) 4 NWLR (PT. 338) 326

 

EQUITY - Resulting trust - Company shares held by 3rd defendant -Through a patently illegal transaction - Declared subject to a resulting trust in favour of plaintiff. OKOYA V. SANTILLI (1994) 6 KLR 1; (1994) 4 NWLR (PT. 338) 256

 

EVIDENCE - Accused person’s 1st statement to the Police - Use of part of its contents by the trial Judge - Where same conclusion would have been reached without reference to the said statement - Whether miscarriage of justice is occasioned. AKPAN V. THE STATE (1994) 14 KLR 49; (1994) 9 NWLR (PT. 368) 347

 

EVIDENCE - Admissibility - Oral evidence that sought to vary the parties’ written agreements - Whether admissible. UNION BANK V. SAX LTD. (1994) 13 KLR 94; (1994) 8 NWLR (PT. 361) 150

 

EVIDENCE - Admissibility - Positive and unambiguous confession of accused - Resiled from during trial - The confession is not rendered inadmissible. EBAGUA V. A-G. BENDEL STATE (1994) 3 KLR 77

 

EVIDENCE - Admissibility - Proper foundation - Statement to Police -Where no proper foundation was laid for its receipt as an exhibit - It is not admissible. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

EVIDENCE - Admissibility - Unregistered land conveyance - Inadmissible for non registration - Is admissible as acknowledgment of the payment of money. TEWOGBADE V. OBADINA (1994) 7 KLR 1; (1994) 4 NWLR (PT. 338) 326

 

EVIDENCE - Admissibility of affidavit - Averment of indebtedness in pleading - Denial thereof vide an affidavit - That affidavit is admissible. A.C.B. LTD V. GWAGWADA (1994) 7 KLR 94; (1994) 5 NWLR (PT. 342) 25

 

EVIDENCE - Admissibility of documents - A document that is inadmissible in law - Where no objection was raised against admitting it -The document will not be admissible. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

EVIDENCE - Admissibility of documents - A document that is inadmissible in law - Where no objection was raised against admitting it - The document will not be admissible. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

EVIDENCE - Admissibility of evidence - Need to establish relevance first - Since admissible but not relevant evidence will not advance the party’s case A.C.B. LTD V. GWAGWADA (1994) 7 KLR 94; (1994) 5 NWLR (PT. 342) 25

 

EVIDENCE - Admissibility of survey plan - Survey plan tendered without surveyor general’s countersignature - May be admitted in evidence - If good cause is shown to court. ALIYU V. SODIPO (1994) 8 KLR 56; (1994) 5 NWLR (PT. 342) 1

 

EVIDENCE - Admission - By plaintiff that land in dispute originally belonged to defendants - Save plaintiff can show that defendants’ family has divested itself of title - Defendants’ counter claim would be unimpeachable. OBAWOLE V. COKER (1994) 10 KLR 1; (1994) 5 NWLR (PT. 345) 416

 

EVIDENCE - Admission - Does not necessarily mean proof of what is contained therein - Duty of the court to ensure the admission is in accordance with pleaded facts and truth of the case. A.C.B. LTD V. GWAGWADA (1994) 7 KLR 94; (1994) 5 NWLR (PT. 342) 25

 

EVIDENCE - Admission as defined under the Evidence Act - Does not cease to be an admission on ground of not being pleaded - If sought to be relied on as an estoppel - Issue of pleading will become relevant. A.C.B. LTD V. GWAGWADA (1994) 7 KLR 94; (1994) 5 NWLR (PT. 342) 25

 

EVIDENCE - Admission of previous proceedings s.34(l) of the Evidence Act - Court’s consideration of an arbitrator’s proceedings -When compliance with the said section is not needed. LSDPC V. ADOLD STAMM (1994) 12 KLR 320; (1994) 7 NWLR (PT. 358) 545

 

EVIDENCE - Admissions against interest - Made in previous proceedings - Are relevant and admissible. OBAWOLE V. COKER (1994) 10 KLR 1; (1994) 5 NWLR (PT. 345) 416

 

EVIDENCE - Affidavit evidence - Conflict therein - Where narrow, flimsy and irrelevant - Whether calling oral evidence was necessary. LSDPC V. ADOLD STAMM (1994) 12 KLR 320; (1994) 7 NWLR (PT. 358) 545

 

EVIDENCE - Affidavit evidence - Motion to amend grounds of appeal -Where there is no deposition in respect of a prayer - When the prayer will not be granted. ADELAJA V. ALADE (1994) 11 KLR 97; (1994) 7 NWLR (PT. 358) 537

 

EVIDENCE - Alibi - Where a witness saw appellant committing the offence charged - If the witness is believed - The defence of alibi is demolished. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

EVIDENCE - Assertion by the defendants - Where not established -Whether a blow to their defence. UGBO V. ABURIME (1994) 12 KLR 363; (1994) 8 NWLR (PT. 360) 1

 

EVIDENCE - Boundaries - Land matters - Where oral evidence of boundaries proffered was not pleaded - Burden to establish boundaries by credible evidence is not discharged. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

EVIDENCE - Burden of proof - Claim of interest on a debt vide averments in the affidavit in support of the claim - Under the undefended list - Burden of proof held not fully discharged by the plaintiff. HIMMA MERCHANTS LTD V. ALIYU (1994) 10 KLR 50; (1994) 5 NWLR (PT. 347) 667

 

EVIDENCE - Burden of proof - Criminal procedure - Burden of proof on the prosecution - Was fully discharged. BARIDAM V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 250

 

EVIDENCE - Burden of proof - Land Law - Pleadings - Claim for Declaration of Title - Plaintiff to lead cogent and credible evidence - In proof of root of title. OSAFILE V. ODI (1994) 3 KLR 38; (1994) 2 NWLR (PT. 325) 125

 

EVIDENCE - Burden of proof - Of alleged facts that were not admitted - On the issue of a type of customary marriage - Rests on the Plaintiff that alleged those facts. OKONKWO V. OKAGBUE (1994) 14 KLR 1; (1994) 9 NWLR (PT. 368) 301

 

EVIDENCE - Burden of proof - Pleadings - Defendant’s failure to reply to plaintiffs comment - Removes burden of proof from plaintiff - As such averment shall be treated as admitted by Defendant. HONIKA SAWMILL LTD V. HOFF (1994) 3 KLR 57; (1994) 2 NWLR (PT. 326) 252

 

EVIDENCE - Burden of proof - Whether placing a particular burden of proof on the defendants - Is tantamount to placing the onus of proof in the case on them. MOTANYA V. ELINWA (1994) 12 KLR 309; (1994) 7 NWLR (PT. 356) 252

 

EVIDENCE - Burden of Proof on the plaintiff - Where not discharged -Legal Implications. UNION BANK V. OZIGI (1994) 5 KLR 1; (1994) 3 NWLR (PT. 333) 385

 

EVIDENCE - Circumstantial evidence - Culpable homicide - Where circumstantial evidence is unequivocal - When appellant is held responsible. BUBA V. THE STATE (1994) 12 KLR 54; (1994) 7 NWLR (PT. 355) 195

 

EVIDENCE - Cogency - Land matters - When evidence of numerous acts of ownership - Is deemed not cogent. ODICHE V. CHIBOGWU (1994) 12 KLR 64; (1994) 7 NWLR (PT. 354) 78

 

EVIDENCE - Confessional statements - SS. 6 and 7 of the Evidence Act - Appellant’s statements in Exhibits B1 and C1 - Are confessional. KASA V. THE STATE (1994) 9 KLR 84; (1994) 5 NWLR (PT. 344) 269

 

EVIDENCE - Confessions - Statements of accused persons to the police - Whether they qualify as confession. NEMI V. THE STATE (1994) 13 KLR 200

 

EVIDENCE - Conflict - Between previously written statements and testimony under oath - Evidence of such witness should not have much weight - Save satisfactory account is given. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

EVIDENCE - Conflict - Claim of title to land - Where a party’s evidence on the issue of boundaries is contradictory - No reliable tribunal will believe that party. IGE V. AKOJU (1994) 7 KLR 37; (1994) 4 NWLR (PT. 340) 535

 

EVIDENCE - Conflict - Land matters - Documents pleaded by defendants not tendered - Where evidence of a defence witness was in conflict with statement of defence - Whether trial court was right in not believing that witness. OGBU V. ANI (1994) 12 KLR 1; (1994) 7 NWLR (PT. 355) 128

 

EVIDENCE - Conflict in written and oral evidence of a witness -Disregard of the evidence on that issue - Trial judge’s subsequent consideration of the truth of that issue - Whether a serious error. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

EVIDENCE - Contradiction - In evidence of prosecution - To be fatal –Must go to the root of the issue. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

EVIDENCE - Contradictions - Allegation of contradictions and conflicts - In Plaintiffs evidence - When not acceptable - Towards rendering trial court’s findings perverse. ADONRI V. OJO-OSAGIE (1994) 11 KLR 15; (1994) 6 NWLR (PT. 349) 157

 

EVIDENCE - Contradictions - In the testimony of prosecution witnesses - Whether fatal. NDIKE V. THE STATE (1994) 12 KLR 386; (1994) 8 NWLR (PT. 360) 33

 

EVIDENCE - Contradictions - Whether material enough - To vitiate prosecution’s case. BUBA V. THE STATE (1994) 12 KLR 54; (1994) 7 NWLR (PT. 355) 195

 

EVIDENCE - Corroboration - Threat to kill the deceased - Held to be corroboration to some extent of Appellant’s confessional statements. KASA V. THE STATE (1994) 9 KLR 84; (1994) 5 NWLR (PT. 344) 269

 

EVIDENCE - Corroborative evidence - Armed robbery - Evidence of prosecution witnesses that implicated the appellants - As having committed robbery - Whether corroborative. NEMI V. THE STATE (1994) 13 KLR 200

 

EVIDENCE - Credibility - Murder - Instance of basing conviction on the evidence of one credible witness - When held to be proper. BARIDAM V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 250

 

EVIDENCE - Culpable homicide - Confessional statement - Is sufficient to justify conviction. BATURE V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 2506

 

EVIDENCE - Custom - Proof thereof is by judicial notice or evidence -Where proved by evidence - Whether concurrent finding of the two lower courts will be interfered with. OKONKWO V. OKAGBUE (1994) 14 KLR 1; (1994) 9 NWLR (PT. 368) 301

 

EVIDENCE - Declaration of ownership - Land Law - Title traced to plaintiff’s mother - What the plaintiff must prove - In order to succeed. OBAWOLE V. COKER (1994) 10 KLR 1; (1994) 5 NWLR (PT. 345) 416

 

EVIDENCE - Documentary evidence - No challenge to document tendered - Challenge held unnecessary - As the document was of no use to the relevant issue. F.C.D.A. V. SULE (1994) 4 KLR 109; (1994) 3 NWLR (PT. 332) 257

 

EVIDENCE - Documentary Evidence - Where Documents relate to a previous suit relied upon for res judicata - And the plea of res judicata fails - Those documents can be of no relevance. OSAFILE V. ODI (1994) 3 KLR 38; (1994) 2 NWLR (PT. 325) 125

 

EVIDENCE - Documents - Exhibited document that was signed and thumbprinted - No evidence to show the makers were illiterates - The document is not null and void. OTITOJU V. GOV. OF ONDO STATE (1994) 7 KLR 77; (1994) 4 NWLR (PT. 340) 518

 

EVIDENCE - Dying declaration - Where the words used are not free from ambiguity - legal implication. HAUSA V. THE STATE (1994) 11 KLR 164; (1994) 6 NWLR (PT. 350) 281

 

EVIDENCE - Erroneous admission of evidence - When miscarriage of justice is occasioned thereby. UNION BANK V. SAX LTD. (1994) 13 KLR 94; (1994) 8 NWLR (PT. 361) 150

 

EVIDENCE - Exhibits - Consideration thereof - Court of Appeal did not solely rely on attacked exhibit in coming to its conclusion. OTITOJU V. GOV. OF ONDO STATE (1994) 7 KLR 77; (1994) 4 NWLR (PT. 340) 518

 

EVIDENCE - Exhibits - Failure to place reliance on an exhibit - No defence can avail in respect of that exhibit. HONIKA SAWMILL LTD V. HOFF (1994) 3 KLR 57; (1994) 2 NWLR (PT. 326) 252

 

EVIDENCE - Exhibits - Libel - Defence of justification - When plaintiffs own publications tendered as exhibits - Are found to justify the conclusion that plaintiff is secret and satanic society. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

EVIDENCE - Existence of evidence - Linking appellant to the crime - Admissibility and credibility of appellant’s retracted confession - Will not be affected. NWAEBONYI V. THE STATE (1994) 9 KLR 43; (1994) 5 NWLR (PT. 343) 138

 

EVIDENCE - Extra judicial confession - Resiling therefrom - In a murder charge - Whether the confession is rendered inadmissible. EBAGUA V. A-G BENDEL STATE (1994) 3 KLR 77; (1994) 2 NWLR (PT. 326) 273

 

EVIDENCE - Extrinsic evidence - Documents - Move to rely on a memorandum to contradict the parties’ deeds of mortgage - Memorandum held not admissible for being extrinsic evidence. UNION BANK V. OZIGI (1994) 5 KLR 1; (1994) 3 NWLR (PT. 333) 385

 

EVIDENCE - Findings of trial court - Based on the evidence before it -Are justifiable - As was found by Court of Appeal. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

EVIDENCE - Findings of trial court - Where supported by evidence - Court of Appeal should not disturb the findings. ADONRI V. OJO-OSAGIE (1994) 11 KLR 15; (1994) 6 NWLR (PT. 349) 157

 

EVIDENCE - Forensic report - Blood stained clothe Exh. H - Where there was no forensic report to confirm that the blood was that of the deceased - The exhibit proved nothing that will be considered corroborative. KASA V. THE STATE (1994) 9 KLR 84; (1994) 5 NWLR (PT. 344) 269

 

EVIDENCE - Forgery allegation - In land dispute - Where the matter is not decided on the alleged forgery - Whether the issue of proof of the forgery is relevant. UGBO V. ABURIME (1994) 12 KLR 363; (1994) 8 NWLR (PT. 360) 1

 

EVIDENCE - Identification of product - Where stolen property is found to belong to the complainant - Court of Appeal was not right in preferring evidence of PW3 to the contrary. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

EVIDENCE - Illiterates - Where an illiterate died without testifying - It means there was no complaint by him - About his manner of execution of the document in question. EEDOKPOLO & CO. V. OHENHEN (1994) 12 KLR 180; (1994) 7 NWLR (PT. 358) 511

 

EVIDENCE - Improper consideration of evidence - Whether judgment of trial court can be supported - Having regard to the evidence before it. YUSUF V. CO-OPERATIVE BANK (1994) 12 KLR 344; (1994) 7 NWLR (PT. 359) 676

 

EVIDENCE - Inference of guilt - Conspiracy - Proof thereof is generally a matter of inference - Whether there are circumstances from which appellant’s involvement can be inferred. ERIM V. THE STATE (1994) 10 KLR 30; (1994) 5 NWLR (PT. 346) 522

 

EVIDENCE - Inference of guilt - Conspiracy - Proof thereof is generally a matter of inference - When circumstances from which appellant’s involvement can be inferred - Are found to exist. ERIM V. THE STATE (1994) 10 KLR 30; (1994) 5 NWLR (PT. 346) 522

 

EVIDENCE - Insanity - Where accused adduced no evidence of insanity - Whether prosecution has any onus of disproving insanity. NNABO V. THE STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 116

 

EVIDENCE - Judicial Notice - An Order being a subsidiary legislation made under the Land Use Act - Trial court was bound to take judicial notice thereof. ADENE V. DATUNBU (1994) 4 KLR 45; (1994) 2 NWLR (PT. 328) 509

 

EVIDENCE - Lack of evidence - General damages - Claimed on ground of hardship and inconvenience - No evidence to show the parties contemplated this ground at time of contract - Whether there is any good ground for the award of general damages. KUSFA V. U.B.C.C. LTD (1994) 5 KLR 55; (1994) 4 NWLR (PT. 336) 1

 

EVIDENCE - Lack of evidence - Master & Servant - Expiration of probation - No evidence that suggested the plaintiff believed his appointment had been confirmed - By its not being terminated. ONDO STATE UNIVERSITY V. FOLAYAN (1994) 11 KLR 359; (1994) 7 NWLR (PT. 354) 1

 

EVIDENCE - Land Law - Admissibility of documents - Land instrument Registration law - Unregistered document tendered in evidence - Is admissible. AGWUNEDU V. ONWUMERE (1994) 2 KLR 40; (1994) 1 NWLR (PT. 321) 375

 

EVIDENCE - Landlord & tenant - Mesne profits - State of evidence coupled with admission - When found to justify mesne profit claimed as reasonable. AYINKE V. LAWAL (1994) 12 KLR 206; (1994) 7 NWLR (PT. 356) 263

 

EVIDENCE - Motive and opportunity - Murder - Where available evidence show appellant had motive and opportunity to commit the crime - And appellant is connected to the commission of the offence - Conviction will not be quashed. NWAEBONYI V. THE STATE (1994) 9 KLR 43; (1994) 5 NWLR (PT. 343) 138

 

EVIDENCE - Murder - Burden of proof of cause of death - And intention to inflict grievous bodily harm - Whether discharged by the prosecution. AKPAN V. THE STATE (1994) 14 KLR 49; (1994) 9 NWLR (PT. 368) 347

 

EVIDENCE - Murder - Clear and cogent circumstantial evidence coupled with confession - Conviction will not be quashed. NWANGBOMU V. THE STATE (1994) 4 KLR 1; (1994) 2 NWLR (PT. 327) 380

 

EVIDENCE - Oral evidence - Where there is a written agreement on a matter - Oral evidence of contents of an inadmissible memorandum cannot be given. UNION BANK V. OZIGI (1994) 5 KLR 1; (1994) 3 NWLR (PT. 333) 385

 

EVIDENCE - Pleadings - Land matters - Evidence on a fact that is not pleaded - Goes to no issue. IGE V. AKOJU (1994) 7 KLR 37; (1994) 4 NWLR (PT. 340) 535

 

EVIDENCE - Presumption - Instrument - Execution before justice of the peace - Under the Land Instrument Registration Law - When to be presumed - In spite of improper arrangement of clauses. EDOKPOLO & CO. V. OHENHEN (1994) 12 KLR 180; (1994) 7 NWLR (PT. 358) 511

 

EVIDENCE - Presumption of regularity - Arises where an official act is done in a manner consistent with the laid down procedure - Or in a public capacity. ONDO STATE UNIVERSITY V. FOLAYAN (1994) 11 KLR 359; (1994) 7 NWLR (PT. 354) 1

 

EVIDENCE - Previous judgments - Pleaded and properly tendered in evidence - Whether trial court rightly admitted the judgments. MOTANYA V. ELINWA (1994) 12 KLR 309; (1994) 7 NWLR (PT. 356) 252

 

EVIDENCE - Previous proceedings - Evidence of it is generally not relevant in a later trial - Save for purposes of discrediting such witness on cross examination - Evidence of admissions against interest in a previous case - Whether relevant and admissible. OBAWOLE V. COKER (1994) 10 KLR 1; (1994) 5 NWLR (PT. 345) 416

 

EVIDENCE - Proof - Dereliction of duty - Master & Servant - Whether appellants proved admission of dereliction of duty by respondent - As asserted by them. NNOLI V. UNTH MGT. BOARD (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 163

 

EVIDENCE - Proof beyond reasonable doubt - Discharge of this burden by the prosecution - Does not imply calling every witness. AKPAN V. THE STATE (1994) 14 KLR 49; (1994) 9 NWLR (PT. 368) 347

 

EVIDENCE - Proof beyond reasonable doubt - Manslaughter conviction - Whether there is overwhelming evidence in support of the conviction. THOMAS V. THE STATE (1994) 5 KLR 144; (1994) 4 NWLR (PT. 337) 129

 

EVIDENCE - Rate of interest - Claim for 20% interest per month on the balance amount accruing to plaintiff - In respect of lease of his property to the defendant - Where there is no evidence about rate or computation of interest agreed upon by the parties - The interest claimed should not be awarded. HIMMA MERCHANTS LTD. V. ALIYU (1994) 10 KLR 50; (1994) 5 NWLR (PT. 347) 667

 

EVIDENCE - Recent possession of stolen property - Explanation by accused of his possession which might reasonably be true - Would displace the presumption under S. 148(a) of the Evidence Act. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

EVIDENCE - Recent possession of stolen property - S.148(a) of the Evidence Act - Where the provision is applicable - Burden shifts to accused persons to explain how they came into possession. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

EVIDENCE - Registrable instruments under the law - Document held not to be an instrument to warrant registration - When purpose of tendering a document will render it admissible - Even if found to be an unregistered instrument. AGWUNEDU V. ONWUMERE (1994) 2 KLR 40; (1994) 1 NWLR (PT. 321) 375

 

EVIDENCE - Retraction from extra judicial statement - Whether it has any effect on the overwhelming evidence against appellant. EKPE V. THE STATE (1994) 14 KLR 163; (1994) 9 NWLR (PT. 368) 263

 

EVIDENCE - Secondary evidence - Contracts - Defendant’s failure to produce the contract agreement - Though notice to produce was given - Unexecuted blank “articles of agreement” - Cannot qualify as secondary evidence. NATIONAL BANK V. OLATUNDE & CO. LTD (1994) 5 KLR 31; (1994) 3 NWLR (PT. 334) 512

 

EVIDENCE - Speculation by trial judge - On subsequent beating of deceased by a crowd - In total absence of any legal evidence - Is a gross error. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

EVIDENCE - Statement of an accused Exh. Al - Though not confessional under s. 27 of the Evidence Act - Deemed admissible on grounds of relevancy - Contents thereof cannot be considered to be true -Without accused giving evidence to that effect. KASA V. THE STATE (1994) 9 KLR 84; (1994) 5 NWLR (PT. 344) 269

 

EVIDENCE - Urban land - There is sufficient evidence from which to find - That disputed land is situate in an urban area. ADENE V. DATUNBU (1994) 4 KLR 45; (1994) 2 NWLR (PT. 328) 509

 

EVIDENCE - Variation - Description of the land in dispute given in oral evidence - Varies with that stated in the pleadings - Dismissal or granting title to a lesser portion of the land - May be the legal consequence. OKEDARE V. ADEBARA (1994) 11 KLR 105; (1994) 6 NWLR (PT. 349) 157

 

EVIDENCE - Visit to locus in quo - Purpose thereof - Is to remove minor contradictions - As regards physical condition of the land in dispute. ODICHE V. CHIBOGWU (1994) 12 KLR 64; (1994) 7 NWLR (PT. 354) 78

 

EVIDENCE - Visit to the locus in quo - Where evidence taken thereat is a nullity - The entire judgment is not rendered a nullity thereby - Retrial will not be ordered in all cases of wrongful admission of evidence. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

EVIDENCE - Vital witness - Criminal procedure - Where evidence of a witness could not have determined the case - Failure to call that witness - Was not fatal to prosecution’s case. THE STATE V. NNOLIM (1994) 9 KLR 61; (1994) 5 NWLR (PT. 345) 394

 

EVIDENCE - Voluntariness of confessional statement - Murder - There is evidence in proof of the voluntariness of the confession. NWAEBONYI V. THE STATE (1994) 9 KLR 43; (1994) 5 NWLR (PT. 343) 138

 

EVIDENCE - Weight - Admissibility - Accused person’s denial of his confessional statement is a question of fact - Where the statement is rightly admitted - It has to be considered along with the entire evidence for the weight to be attached. NWANGBOMU V. THE STATE (1994) 4 KLR 1; (1994) 2 NWLR (PT. 327) 380

 

EVIDENCE - Weight - To be attached to admitted document - No evidence challenging correctness or authenticity of document - Due weight is to be placed on the document. ALIYU V. SODIPO (1994) 8 KLR 56; (1994) 5 NWLR (PT. 342) 1

 

EVIDENCE - Witnesses - Where the prosecution has proved its case - Whether obliged to call all witnesses. BUBA V. THE STATE (1994) 12 KLR 54; (1994) 7 NWLR (PT. 355) 195

 

ILLITERACY - Thumb printing - Partly thumb printed and partly signed document – No evidence of illiteracy - Thumb printing or signing one’s signature per se is not evidence of illiteracy or literacy. OTITOJU V. GOV. OF ONDO STATE (1994) 7 KLR 77; (1994) 4 NWLR (PT. 340) 518

 

ILLITERATES - Document prepared by a legal practitioner - For his illiterate client - Whether to be interrupted by him - Prior to the illiterate’s signature. EDOKPOLO & CO. V. OHENHEN (1994) 12 KLR 180; (1994) 7 NWLR (PT. 358) 511

 

ILLITERATES - Illiterates Protection Law - Applicability to a document - Whether trial judge’s error in not considering the entire oral evidence - Led him to a wrong conclusion. EDOKPOLO & CO. V. OHENHEN (1994) 12 KLR 180; (1994) 7 NWLR (PT. 358) 511

 

ILLITERATES - Illiterates Protection Law - Only the illiterate and not a third party - Can complain that document was not explained - Before the illiterate signed it. EDOKPOLO & CO. V. OHENHEN (1994) 12 KLR 180; (1994) 7 NWLR (PT. 358) 511

 

INTERLOCUTORY APPLICATIONS - Stay of Execution - Supreme Court - Where special and general damages has been awarded by lower courts - Application to stay execution of the entire judgment debt - When Supreme Court will only grant application to stay execution of the general damages. UNION BANK V. ODUSOTE (1994) 4 KLR 83; (1994) 3 NWLR (PT. 331) 129

 

INTERLOCUTORY INJUNCTIONS - Compensation - Where loss alleged can be adequately compensated in damages - Injunction will not be granted. UNION BEVERAGES V. PEPSI COLA (1994) 4 KLR 24; (1994) 3 NWLR (PT. 330) 1

 

INTERLOCUTORY INJUNCTIONS - Enforceable right - Proof that injury is caused to plaintiff - Without showing an infringement of plaintiff’s legally enforceable right - Interlocutory injunction will not be granted. UNION BEVERAGES V. PEPSI COLA (1994) 4 KLR 24; (1994) 3 NWLR (PT. 330) 1

 

INTERLOCUTORY INJUNCTIONS - Late amendments - Application against the wrong party - Substitution of the right party after refusal of injunction - Is not of any use. UNION BEVERAGES V. PEPSI COLA (1994) 4 KLR 24; (1994) 3 NWLR (PT. 330) 1

 

INTERPRETATION OF STATUTES - Strict construction - Ouster clause of a banking statute - Need to give it a very strict construction. KOTOYE V. SARAKI (1994) 12 KLR 226; (1994) 7 NWLR (PT. 357) 414

 

INTERPRETATION OF STATUTES - Words - Courts to interpret the words as used - Restriction on court’s power to go on voyage. KOTOYE V. SARAKI (1994) 12 KLR 226; (1994) 7 NWLR (PT. 357) 414

 

JUDGMENTS - Company director’s removal - Whether trial Judge was right in finding that appellant was improperly removed. IWUCHUKWU V. DAVE ENG. CO. LTD (1994) 12 KLR 76; (1994) 7 NWLR (PT. 357) 379

 

JUDGMENTS - Conflicting findings - Wrongful dismissal - Trial court’s findings on the wrongfulness of the dismissal - Is not in conflict with its finding that applicability of Civil Service Rules was not proved. ENIGBOKAN V. A.I.I. CO. LTD. (1994) 11 KLR 44; (1994) 6 NWLR (PT. 348) 1

 

JUDGMENTS - Criminal trial - Allegation by the accused that the decisions of the two lower courts were perverse - When not to be upheld. BARIDAM V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 250

 

JUDGMENTS - Culpable homicide - Court of Appeal’s decision in upholding conviction - Whether based on speculation - Or clear evidence at the trial court. BUBA V. THE STATE (1994) 12 KLR 54; (1994) 7 NWLR (PT. 355) 195

 

JUDGMENTS - Dismissal - Title to land - Plaintiff’s failure to establish the identity of the land in dispute - The claim will be dismissed. OKEDARE V. ADEBARA (1994) 11 KLR 105; (1994) 6 NWLR (PT. 349) 157

 

JUDGMENTS - Final conclusion of trial court - Flowing from Findings of Fact made by it - Court of Appeal was not right in disturbing the final conclusion. ADONRI V. OJO-OSAGIE (1994) 11 KLR 15; (1994) 6 NWLR (PT. 349) 157

 

JUDGMENTS - Improper consideration of evidence - Whether judgment of trial court can be supported - Having regard to the evidence before it. YUSUF V. CO-OPERATIVE BANK (1994) 12 KLR 344; (1994) 7 NWLR (PT. 359) 676

 

JUDGMENTS - Interest on judgment debt - Cannot be granted from a date antedating the judgment. HIMMA MERCHANTS LTD V. ALIYU (1994) 10 KLR 50; (1994) 5 NWLR (PT. 347) 667

 

JUDGMENTS - Interest on judgment debt - Jurisdiction - Court has no jurisdiction - To award interest in a manner not provided for under the relevant rules. HIMMA MERCHANTS LTD V. ALIYU (1994) 10 KLR 50; (1994) 5 NWLR (PT. 347) 667

 

JUDGMENTS - Null and void decision - Appeals - Where the appeal to Court of Appeal was incompetent - Because no proper leave to appeal was obtained - The Court of Appeal’s decision is null and void. ISHOLA V. AJIBOYE (1994) 11 KLR 208; (1994) 6 NWLR (PT. 352) 506

 

JUDGMENTS - Nullity - Visit to the locus in quo where evidence taken threat is a nullity - The entire judgment is not rendered a nullity thereby. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

JUDGMENTS - Of the Supreme Court - Once entered - Shall remain valid for ever. IBERO V. OBIOHA (1994) 2 KLR 71; (1994) 1 NWLR (PT. 322) 503

 

JUDGMENTS - Pronouncing on abandoned relief- Trial judge’s finding on Plaintiff’s abandoned relief - The Judge is thereby not estopped from a consideration of the real issue before him. ENIGBOKAN V. A.I.I. CO. LTD. (1994) 11 KLR 44; (1994) 6 NWLR (PT. 348) 1

 

JUDGMENTS - Supreme Court - Application for review of its judgment - On ground of accidental slip - Where proper import is to secure a reversal - The application will not be granted. IBERO V. OBIOHA (1994) 2 KLR 71; (1994) 1 NWLR (PT. 322) 503

 

JUDGMENTS - Violation of principles of natural justice in any decision - Proceedings and judgment are rendered null and void thereby - When retrial Order is deemed proper. SALU V. EGEIBON (1994) 11 KLR 68; (1994) 6 NWLR (PT. 348) 23

 

JUDICIAL PRECEDENTS - Conflicting precedents - Of the Supreme Court - Where Court of Appeal cannot decide the matter before it -Without a consideration of the conflicts - Such consideration was not wrong. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

JUDICIAL PRECEDENTS - Inapplicable precedents - Cases relied upon by the appellant - When declared not binding on the Supreme Court. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

JUDICIAL PRECEDENTS - Obiter dictum - Pronouncement made in an earlier decision of the Supreme Court - That is found to be Obiter dictum - Is not a binding authority on any court. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

JUDICIAL PRECEDENTS - Ratio decidendi - Statements by Justices of the Supreme Court in a past decision - That constitute the reasoning or principle for the decision - Is binding on all courts. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

JURISDICTION - Appeals - Motion to relist appeal that was struck out for non appearance - Where notice of hearing was not served on appellant - Proceedings deemed conducted without jurisdiction ab initio. ODUTOLA V. KAYODE (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 1

 

JURISDICTION - Chieftaincy matters - Action to declare appointment of a chief null and void - The High Court had jurisdiction. EREJUWA II V. KPEREGBEYI (1994) 8 KLR 31

 

JURISDICTION - High Court - Lack of original jurisdiction in customary matters - Where question of headship of family is incidental and not fundamental - High Court’s jurisdiction is not ousted. AKINFOLARIN V. AKINNOLA (1994) 5 KLR 107; (1994) 3 NWLR (PT. 335) 659

 

JURISDICTION - High Court - S.9(l) of the High Court Law - That ousts High Court’s original jurisdiction in customary matters - Where claim is not based on the matter of family status - High Court has jurisdiction. AKINFOLARIN V. AKINNOLA (1994) 5 KLR 107; (1994) 3 NWLR (PT. 335) 659

 

JURISDICTION - Interest on judgment debt - Award of interest in a manner not provided for under the relevant rule - Whether the Court has jurisdiction. HIMMA MERCHANTS LTD V. ALIYU (1994) 10 KLR 50; (1994) 5 NWLR (PT. 347) 667

 

JURISDICTION - Locus standi - At whatever stage plaintiff is found to lack locus - Court’s jurisdiction is affected - Striking out the action is the course open to the court. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

JURISDICTION - Ouster clause - Banking Decree - That ousted court’s jurisdiction - Whether the plaintiffs are caught by the ouster clause. KOTOYE V. SARAKI (1994) 12 KLR 226; (1994) 7 NWLR (PT. 357) 414

 

JURISDICTION - Ousting of court’s jurisdiction by a decree -Chieftaincy matters - Appointment of a traditional ruler by the military governor via an edict - The validity of the edict cannot be challenged in court OBABA V. MILITARY GOV. KWARA STATE (1994) 6 KLR 114; (1994) 4 NWLR (PT. 336) 26

 

JURISDICTION - Supreme Court - Issue of inhuman and degrading treatment - Raised before it for the 1st time - Whether the Court has jurisdiction. NEMI V. THE STATE (1994) 13 KLR 200

 

JURISDICTION - Supreme Court’s inherent jurisdiction- Is not to be extended beyond the provisions of the law. IBERO V. OBIOHA (1994) 2 KLR 71; (1994) 1 NWLR (PT. 322) 503

 

LAND LAW - Acts of ownership - Title to land - When plaintiff has shown sufficient acts of ownership - As to be entitled to judgment. ALIYU V. SODIPO (1994) 8 KLR 56; (1994) 5 NWLR (PT. 342) 1

 

LAND LAW - Admission by plaintiff - That the land in dispute originally belonged to the defendants - Save plaintiff can show that defendants’ family has divested itself of title - Defendants’ counterclaim would be unimpeachable. OBAWOLE V. COKER (1994) 10 KLR 1; (1994) 5 NWLR (PT. 345) 416

 

LAND LAW - Allocation under Bini custom - Routing application through community representatives - When such an unnecessary extra caution - Is held to establish respondents’ case the more. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

LAND LAW - Application for allocation of land - Made to the Oba under Bini customary law - Where there was no prescribed form - An ordinary application was enough. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

LAND LAW - Bini customary land law - Competing title to a piece of land - Proper determination of the party with a better title. UGBO V. ABURIME (1994) 12 KLR 363; (1994) 8 NWLR (PT. 360) 1

 

LAND LAW - Bona fide purchaser - Registration of instruments -Where appellant’s solicitor informed it of an encumbrance on the land in dispute - Whether appellant was a bona fide purchaser. EDOKPOLO & CO. V. OHENHEN (1994) 12 KLR 180; (1994) 7 NWLR (PT. 358) 511

 

LAND LAW - Bona fide purchaser - Where appellant’s solicitor informed it of an encumbrance on the land - Whether appellant was a bona fide purchaser. EDOKPOLO & CO. V. OHENHEN (1994) 12 KLR 180; (1994) 7 NWLR (PT. 358) 511

 

LAND LAW - Boundaries - Claim for possession - Where oral evidence of boundaries proffered was not pleaded - Burden to establish boundaries is not discharged. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

LAND LAW - Boundary - Findings thereto - Where there is no dispute as to the identity of the land in dispute - Trial judge does not need to make specific findings as to the boundary. OGBUOKWELU V. UMEANAFUNKWA (1994) 8 KLR 79; (1994) 4 NWLR (PT. 341) 676

 

LAND LAW - Certainty of case - Failure to present case with required degree of certainty - Whether that case should succeed. ODICHE V. CHIBOGWU (1994) 12 KLR 64; (1994) 7 NWLR (PT. 354) 78

 

LAND LAW - Claim for Declaration of Title - Where it fails - Plaintiffs can succeed - In their claim for damages for trespass and injunction. OSAFILE V. ODI (1994) 3 KLR 38; (1994) 2 NWLR (PT. 325) 125

 

LAND LAW - Claim of ownership - Based on alleged purchase by plaintiff’s mother - Failure to establish the claim - Court of Appeal should not have found for the plaintiff. OBAWOLE V. COKER (1994) 10 KLR 1; (1994) 5 NWLR (PT. 345) 416

 

LAND LAW - Conflict - Evidence of a defence witness in conflict with statement of defence - Whether that witness should be believed. OGBU V. ANI (1994) 12 KLR 1; (1994) 7 NWLR (PT. 355) 128

 

LAND LAW - Conflict in evidence - Title - Contradictory evidence on the issue of boundaries - No reliable tribunal will believe the party. IGE V. AKOJU (1994) 7 KLR 37; (1994) 4 NWLR (PT. 340) 535

 

LAND LAW - Conflict in traditional histories - Duty of the trial judge - To determine which of the two histories is probable. OBIOHA V. DURU (1994) 13 KLR 243; (1994) 8 NWLR (PT. 365) 631

 

LAND LAW - Declaration of ownership - Based on long possession - Is to be proved by acts of ownership - But where plaintiff traces title to his mother - It is sufficient that he proves purchase from the original true owners. OBAWOLE V. COKER (1994) 10 KLR 1; (1994) 5 NWLR (PT. 345) 416

 

LAND LAW - Declaration of Ownership - Evidence - Title traced to plaintiff’s late mother - Plaintiff must prove purchase of the land from the true owner - In order to succeed. OBAWOLE V. COKER (1994) 10 KLR 1; (1994) 5 NWLR (PT. 345) 416

 

LAND LAW - Declaration of ownership - Foremost duty of claimant - Is to describe the land in Dispute - With reasonable Degree of Certainty. ODICHE V. CHIBOGWU (1994) 12 KLR 64; (1994) 7 NWLR (PT. 354) 78

 

LAND LAW - Declaration of Title - Pleadings - What Plaintiff must prove - In order to succeed. OSAFILE V. ODI (1994) 3 KLR 38; (1994) 2 NWLR (PT. 325) 125

 

LAND LAW - Deed of conveyance - Registered by the registrar in exercise of his discretion - There was substantial compliance with statutory requirements - To render the Deed admissible. ALIYU V. SODIPO (1994) 8 KLR 56; (1994) 5 NWLR (PT. 342) 1

 

LAND LAW - Description - When description of land in dispute contained in the counter claim - Is deemed not to be exactly the same with that given in oral evidence. OKEDARE V. ADEBARA (1994) 11 KLR 105; (1994) 6 NWLR (PT. 349) 157

 

LAND LAW - Description of the land in dispute - Where the description given in oral evidence varies with that stated in the pleadings - Dismissal of claim or granting title to a lesser portion of the land - May be the legal consequence. OKEDARE V. ADEBARA (1994) 11 KLR 105; (1994) 6 NWLR (PT. 349) 157

 

LAND LAW - Evidence - Trial Courts failure to apply Kojo II v. Bonsie principle - Where there is ample evidence upon which the plaintiffs’ case was dismissed - Appellate court should apply the principle. OGBUOKWELU V. UMEANAFUNKWA (1994) 8 KLR 79; (1994) 4 NWLR (PT. 341) 676

 

LAND LAW - Family Land - Declaration that the defendants are not entitled to sell family land alone - When rightly granted by the trial court. OLORUNFUNMI V. SAKA (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 19; (1994) 2 NWLR (PT. 324) 23

 

LAND LAW - Grant by family head and members - Where established by the defendant - Plaintiffs’ claim dismissed. AKINFOLARIN V. AKINNOLA (1994) 5 KLR 107; (1994) 3 NWLR (PT. 335) 659

 

LAND LAW - Identity of land - Counter claim by defendant to ownership - His description of the land by stating the boundary features - Makes the identity reasonably certain. OKEDARE V. ADEBARA (1994) 11 KLR 105; (1994) 6 NWLR (PT. 349) 157

 

LAND LAW - Identity of land - Filing of a litigation survey plan together with the statement of claim - Where Defendants failed to take advantage of their option to file a survey plan - Reasonable inference to be made. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

LAND LAW - Identity of land - Satisfaction of the test in Kwadzo’s case - That a surveyor can from the record produce an accurate plan - Is a satisfactory description of boundaries. OKEDARE V. ADEBARA (1994) 11 KLR 105; (1994) 6 NWLR (PT. 349) 157

 

LAND LAW - Identity of land - Unfulfilled undertaking in pleading to file a survey plan - Where issues are not joined on the identity - Need for sufficient oral and or documentary evidence on the issue. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

LAND LAW - Identity of the land in dispute - Whether uncertain - In view of plaintiff’s litigation plan. UGBO V. ABURIME (1994) 12 KLR 363; (1994) 8 NWLR (PT. 360) 1

 

LAND LAW - Instruments - Document that is not an instrument to warrant registration - Purpose of tendering may render it admissible - Even if found to be an unregistered instrument. AGWUNEDU V. ONWUMERE (1994) 2 KLR 40; (1994) 1 NWLR (PT. 321) 375

 

LAND LAW - Ownership - Failure to prove any grant by the original owners - Title still remains in the said original owners. OBAWOLE V. COKER (1994) 10 KLR 1; (1994) 5 NWLR (PT. 345) 416

 

LAND LAW - Ownership - When evidence of numerous acts of ownership - Is deemed not cogent. ODICHE V. CHIBOGWU (1994) 12 KLR 64; (1994) 7 NWLR (PT. 354) 78

 

LAND LAW - Possession - Where plaintiffs had been in possession for over 100 years - Whether trial court’s finding of trespass against the defendants - Is supported by evidence. OGBU V. ANI (1994) 12 KLR 1; (1994) 7 NWLR (PT. 355) 128

 

LAND LAW - Possession - Wrongful finding - Court of Appeal’s finding that plaintiff’s evidence on acts of possession - Were brushed aside unevaluated by trial court - Held not to be correct. OGBUOKWELU V. UMEANAFUNKWA (1994) 8 KLR 79; (1994) 4 NWLR (PT. 341) 676

 

LAND LAW - Registered conveyance - Certified true copy thereof - Is admissible without any other proof under the relevant law. TEWOGBADE V. OBADINA (1994) 7 KLR 1; (1994) 4 NWLR (PT. 338) 326

 

 

LAND LAW - Registration of instruments - Competing registered conveyances - The first to be registered - Is superior and has priority in terms of validity of purchase. TEWOGBADE V. OBADINA (1994) 7 KLR 1; (1994) 4 NWLR (PT. 338) 326

 

LAND LAW - Reversion of title - Circumstances under which title will revert to the grantor. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

LAND LAW - Right of Occupancy - Land Use Act - Local Government has no power to grant right of occupancy - Over land situate in an urban area. ADENE V. DATUNBU (1994) 4 KLR 45; (1994) 2 NWLR (PT. 328) 509

 

LAND LAW - Root of title - Evidence - Plaintiff is to lead cogent and credible evidence - In proof of root of title. OSAFILE V. ODI (1994) 3 KLR 38; (1994) 2 NWLR (PT. 325) 125

 

LAND LAW - Sale of family land - Appeals - Modification of trial court’s order as to power to sell - By Court of Appeal - Held to be correct. OLORUNFUNMI V. SAKA (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 19; (1994) 2 NWLR (PT. 324) 23

 

LAND LAW - Sale of Family Land - Power of Attorney to some family members to handle sales - Executed by the family head and majority of principal family members - Is not void. OLORUNFUNMI V. SAKA (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 19; (1994) 2 NWLR (PT. 324) 23

 

LAND LAW - Succession - Claim by both parties to property in dispute - By virtue of inheritance under Bini customary law - Trial Court’s findings of fact - Are not to be disturbed. ADONRI V. OJO-OSAGIE (1994) 11 KLR 15; (1994) 6 NWLR (PT. 349) 157

 

LAND LAW - Superimposition of Survey plans - Where plaintiff has established identity of the land claimed - Whether he has a duty to superimpose any plan on the other. UGBO V. ABURIME (1994) 12 KLR 363; (1994) 8 NWLR (PT. 360) 1

 

LAND LAW - Survey plan - Declaration of title - Plaintiffs’ survey plan showed a well defined land mass - To which a declaration could be attached. NWOKE V. OKERE (1994) 9 KLR 25; (1994) 5 NWLR (PT. 343) 159

 

LAND LAW - Survey plan - Features thereon - Tendered by the plaintiffs - Where not put in issue on the pleadings - Question of proving features will not arise. NWOKE V. OKERE (1994) 9 KLR 25; (1994) 5 NWLR (PT. 343) 159

 

LAND LAW - Survey plan - Tendered without surveyor general’s countersignature - May be admitted in evidence - If good cause is shown to court. ALIYU V. SODIPO (1994) 8 KLR 56; (1994) 5 NWLR (PT. 342) 1

 

LAND LAW - Survey plan attached to registered deed of conveyance - Subsequently countersigned by Surveyor General before final registration - Is not defective - Lack of countersignature does not render a plan void. ALIYU V. SODIPO (1994) 8 KLR 56; (1994) 5 NWLR (PT. 342) 1

 

LAND LAW - Survey plans - Inadmissibility of a plan not countersigned by the surveyor general save good cause is shown - Whether there is good cause for admitting non countersigned plan. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

LAND LAW - Title - Claim for declaration of title - Failure to establish the claim - Plaintiff is not entitled to succeed. AGWUNEDU V. ONWUMERE (1994) 2 KLR 40; (1994) 1 NWLR (PT. 321) 375

 

LAND LAW - Title - Conflict in the evidence of both parties’ traditional history - Need to apply Kojo II v. Bonsie principle. OGBUOKWELU V. UMEANAFUNKWA (1994) 8 KLR 79; (1994) 4 NWLR (PT. 341) 676

 

LAND LAW - Title - Conflicting claim of ownership by the parties - Based on traditional history and acts of ownership - Plaintiff has the right to rely on either of the grounds to sustain his claim. IGE V. AKOJU (1994) 7 KLR 37; (1994) 4 NWLR (PT. 340) 535

 

LAND LAW - Title - Conflicting traditional history presented by both parties - Demeanour of witnesses is of little guide - Best way of resolving the conflict. OGBUOKWELU V. UMEANAFUNKWA (1994) 8 KLR 79; (1994) 4 NWLR (PT. 341) 676

 

LAND LAW - Title - Failure of defendants to advert to how they acquired title - Whether judgment in favour of plaintiffs should be set aside. OGBU V. ANI (1994) 12 KLR 1; (1994) 7 NWLR (PT. 355) 128

 

LAND LAW - Title - Family land - Plaintiffs’ failure to establish their claim - Abundant evidence in support of Defendant’s assertion - That land in dispute was granted to him by the family head & members -Plaintiffs’ claim dismissed. AKINFOLARIN V. AKINNOLA (1994) 5 KLR 107; (1994) 3 NWLR (PT. 335) 659

 

LAND LAW - Title - Plaintiff’s payment of purchase price coupled with going into possession - Where plaintiffs title is rooted in a conveyance that is registered prior to the defendant’s registered conveyance -Plaintiffs title is superior to that of the defendant. TEWOGBADE V. OBADINA (1994) 7 KLR 1; (1994) 4 NWLR (PT. 338) 326

 

LAND LAW - Title - Plaintiffs’ claim for declaration of title, trespass and injunction - Dismissed by trial court - When the two appellate courts will intervene in granting plaintiffs’ claims. NWOKE V. OKERE (1994) 9 KLR 25; (1994) 5 NWLR (PT. 343) 159

 

LAND LAW - Title - Proof of a better title by the defendants - Failure of plaintiff to establish his tenancy - Plaintiff cannot maintain an action in trespass. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

LAND LAW - Title - Proof of better title by the plaintiffs - Failure of Court of Appeal’s retrial order - Plaintiffs’ case cannot be dismissed. MOTANYA V. ELINWA (1994) 12 KLR 309; (1994) 7 NWLR (PT. 356) 252

 

LAND LAW - Traditional evidence - Conflict therein - Plaintiffs held entitled to succeed on traditional evidence - Irrespective of appellants’ allegation that the two lower courts failed to apply the Kojo II v. Bonsie principle. IGE V. AKOJU (1994) 7 KLR 37; (1994) 4 NWLR (PT. 340) 535

 

LAND LAW - Traditional evidence - Where carefully evaluated -Whether trial judge’s conclusion can be faulted. OBIOHA V. DURU (1994) 13 KLR 243; (1994) 8 NWLR (PT. 365) 631

 

LAND LAW - Traditional evidence of plaintiff - Whether good in law - As confirmed by the Court of Appeal. OBIOHA V. DURU (1994) 13 KLR 243; (1994) 8 NWLR (PT. 365) 631

 

LAND LAW - Trespass - Exclusive possession - Grounds the right of action for damages against any other person - Save true owner or person with better title. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

LAND LAW - Trespass - Existence of previous consent judgment -Subsequent entrance by Defendants on plaintiffs’ land - Concurrent lower courts’ finding of trespass - Is to be upheld. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

LAND LAW - Trespass - Two parties entering and claiming possession to the land in dispute - Party with a better title - Is entitled to succeed in trespass. UGBO V. ABURIME (1994) 12 KLR 363; (1994) 8 NWLR (PT. 360) 1

 

LAND LAW - Trespass - Where land was in the possession of the respondents - They can claim damages for appellant’s unjustifiable intrusion. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

LAND LAW - Trespass - Whether by acting in excess of the rights-granted to them - The appellants become trespassers. OBIOHA V. DURU (1994) 13 KLR 243; (1994) 8 NWLR (PT. 365) 631

 

LAND LAW - Unregistered land instrument - Inadmissible for non registration - Is admissible as a purchase receipt - By virtue of which equitable interest is acquired - Which said interest can be converted into a legal estate by specific performance. TEWOGBADE V. OBADINA (1994) 7 KLR 1; (1994) 4 NWLR (PT. 338) 326

 

LAND LAW - Validity of a deed - Whether one who is not a party to the deed - Can apply to set it aside as null and void. EDOKPOLO & CO. V. OHENHEN (1994) 12 KLR 180; (1994) 7 NWLR (PT. 358) 511

 

LAND LAW - Variation - In description of land on two different documents relied upon by the plaintiff - As to the number of acres -Whether the two lands are the same. OBAWOLE V. COKER (1994) 10 KLR 1; (1994) 5 NWLR (PT. 345) 416

 

LAND USE ACT - Right of occupancy - Whether local government has power to grant it - Over land situate in an urban area. ADENE V. DATUNBU (1994) 4 KLR 45; (1994) 2 NWLR (PT. 328) 509

 

LANDLORD & TENANT - Mesne profits - Basis of calculation -Whether rent payable is the yardstick. AYINKE V. LAWAL (1994) 12 KLR 206; (1994) 7 NWLR (PT. 356) 263

 

LANDLORD & TENANT - Mesne profits - Landlord’s Claim described as a claim in compensation - When held to actually be a claim for mesne profits. AYINKE V. LAWAL (1994) 12 KLR 206; (1994) 7 NWLR (PT. 356) 263

 

LANDLORD & TENANT - Mesne profits - Tenant holding over after termination of tenancy - Whether landlord is entitled to mesne profits. AYINKE V. LAWAL (1994) 12 KLR 206; (1994) 7 NWLR (PT. 356) 263

 

LANDLORD & TENANT - Mesne profits - When the amount claimed by landlord is held to be reasonable. AYINKE V. LAWAL (1994) 12 KLR 206; (1994) 7 NWLR (PT. 356) 263

 

LANDLORD & TENANT - Oral evidence of a tenancy agreement - Can be given by a tenant though the agreement is not tendered - Where the agreement if rejected for not being registered - Hollow oral evidence is of no use. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

LEGAL PRACTITIONERS - Agreement between counsel on both sides - That ruling in one suit be applicable to sister suits - Need to have it recorded by the trial court. SHYLLON V. ASEIN (1994) 11 KLR 135; (1994) 6 NWLR (PT. 353) 670

 

LEGAL PRACTITIONERS - Clarity of counsel’s view - Practice & Procedure - Admissibility of a document sought to be tendered - Counsel is to make his view known and not to sit on the fence. UNION BANK V. OZIGI (1994) 5 KLR 1; (1994) 3 NWLR (PT. 333) 385

 

LEGAL PRACTITIONERS - Document prepared by a legal practitioner - For his illiterate client - Whether to be interpreted by him - Prior to the illiterate’s signature. EDOKPOLO & CO. V. OHENHEN (1994) 12 KLR 180; (1994) 7 NWLR (PT. 358) 511

 

LEGAL PRACTITIONERS - Service of process - Default of counsel in failing to accept service on behalf of his client - Not to be visited on the plaintiff. ODUTOLA V. KAYODE (1994) 3 KLR 1; (1994) 2 NWLR (PT. 324) 1

 

LEGISLATION - Countersigning of survey plans - By the surveyor general under Lagos State Laws - In order to be admissible - Is abrogated by Federal Decree prior to the State Edict. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

LEGISLATION - O.8 r. 16 of the Supreme Court Rules - That provided for the “slip rule” - Which empowers the court to correct accidental slip in its decisions - Proper import thereof. IBERO V. OBIOHA (1994) 2 KLR 71; (1994) 1 NWLR (PT. 322) 503

 

LEGISLATION - Presumption of regularity - Criminal procedure -Where the law is silent on the mode of implementing its provision -When held to give rise to presumption of regularity. BATURE V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 2506

 

LEGISLATION - Provisions of the University of Jos Act - The Council of the university and the vice chancellor are legal persons thereunder -That can be sued under those names. CARLEN (NIG) LTD V. UNIJOS (1994) 2 KLR 96; (1994) 1 NWLR (PT. 323) 631

 

LEGISLATION - Repeal - Chieftaincy recognition and derecognition - Subsequently gazetted legal notices - Can effectively repeal previously gazetted ones. OTITOJU V. GOV. OF ONDO STATE (1994) 7 KLR 77; (1994) 4 NWLR (PT. 340) 518

 

LEGISLATION - Survey plans - Admissibility - State Legislation that surveyor general must counter sign plans for them to be admissible - Plans made after the abrogation of the legislation - Are admissible. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

LEGISLATION - Survey Plans - Inadmissibility of a plan not countersigned by the surveyor general save good cause is shown - S.3 of the Survey Law of Lagos - There is good cause for admitting non countersigned plan tied to a previous court proceeding.

 

LIBEL - (SEE DEFAMATION)

 

LIBEL - Innuendo - Failure to plead innuendo - Deemed a ground for rejecting an exhibit. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

LIMITATION OF ACTIONS - Application to dismiss an action for being statute barred - Where the action was commenced after 6 years -When two separate statutes relied upon specified 1 year and 6 years limitation period respectively - The action is statute barred prima facie. EBOIGBE V. NNPC (1994) 10 KLR 68; (1994) 5 NWLR (PT. 347) 649

 

LIMITATION OF ACTIONS - Arbitration - Action seeking to set aside the arbitrator’s award - Where filed outside the 15 days limitation -Whether the action is competent. HOME DEV. LTD V. SCANCILA LTD (1994) 13 KLR 39; (1994) 8 NWLR (PT. 362) 252

 

LIMITATION OF ACTIONS - Non-maintainable actions - Action commenced after the limitation period - Is not maintainable. EBOIGBE V. NNPC (1994) 10 KLR 68; (1994) 5 NWLR (PT. 347) 649

 

LIMITATION OF ACTIONS - Plaintiff who might have a cause of action - Loses the right to enforce it - Where the action is statute barred. EBOIGBE V. NNPC (1994) 10 KLR 68; (1994) 5 NWLR (PT. 347) 649

 

LIMITATION OF ACTIONS - Running of period of limitation - Negotiation between the parties - Period of limitation does not cease to run thereby. EBOIGBE V. NNPC (1994) 10 KLR 68; (1994) 5 NWLR (PT. 347) 649

 

LIMITATION OF ACTIONS - Statute Bar - Legal Practitioners Act - Application for taxation of bill of charges - Brought after the 12 months limitation period - Is statute barred. CHUKA OKOLI & ASSO. V. CRUSADER INS. (1994) 4 KLR 71; (1994) 2 NWLR (PT. 329) 635

 

LIMITATION OF ACTIONS - Statute Bar - Whether the action brought by a bank’s customer - In respect of his account - Is statute barred based on period of dormancy of his account. YUSUF V. COOPERATIVE BANK (1994) 12 KLR 344; (1994) 7 NWLR (PT. 359) 676

 

LIMITATION OF ACTIONS - Time begins to run from accrual of cause of action - Where 12 months limitation period is prescribed under the Act - Need to commence action within that period. EBOIGBE V. NNPC (1994) 10 KLR 68; (1994) 5 NWLR (PT. 347) 649

 

LOCUS IN QUO - Evidence taken at the locus - Where a nullity - The whole judgment is not nullified thereby. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

LOCUS IN QUO - Visit to locus - Purpose thereof - Is to remove minor contradictions - As regards physical condition of the land in dispute. ODICHE V. CHIBOGWU (1994) 12 KLR 64; (1994) 7 NWLR (PT. 354) 78

 

LOCUS STANDI - Administration of estate - Where the administrators authorised one amongst themselves - To hold the estate on their behalf -Their right of action is not lost thereby. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

LOCUS STANDI - Chieftaincy matters - Where action is based on respondent’s claim - That chieftaincy title is vested in their family - Rejection of their nominated candidate - Respondents have locus to sue. EREJUWA II V. KPEREGBEYI (1994) 8 KLR 31

 

LOCUS STANDI - Lack thereof by plaintiff - The action will be struck out - For want of jurisdiction. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

LOCUS STANDI - Want of Locus Standi - Where the trial court dismissed an action for want of Locus - When an order for striking out should be substituted. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

MASTER & SERVANT - Allegation of misconduct - Where respondent appeared as a witness - And not as an accused - Whether 1st appellant was right in playing role of investigator & judge in one go. NNOLI V. UNTH MGT. BOARD (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 163

 

MASTER & SERVANT - Dereliction of duty - Whether proved against the respondent - As asserted by the appellants. NNOLI V. UNTH MGT. BOARD (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 163

 

MASTER & SERVANT - Expiration of probationary period - Where the period was extended - The Plaintiff’s appointment was not confirmed thereby. ONDO STATE UNIVERSITY V. FOLAYAN (1994) 11 KLR 359; (1994) 7 NWLR (PT. 354) 1

 

MASTER & SERVANT - Fair hearing - Non compliance with provision of the statute in removing respondent - Whether a denial of fair hearing. NNOLI V. UNTH MGT. BOARD (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 163

 

MASTER & SERVANT - Probationary appointment - Provisions thereto in respect of plaintiff’s appointment - Proper construction thereof. ONDO STATE UNIVERSITY V. FOLAYAN (1994) 11 KLR 359; (1994) 7 NWLR (PT. 354) 1

 

MASTER & SERVANT - Reinstatement - Wrongful termination -Where the contract of service has a statutory flavour - And the termination is declared null and void - Whether respondent is to be reinstated. NNOLI V. UNTH MGT. BOARD (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 163

 

MASTER & SERVANT - Relevant provisions - Of employment regulations - Where ignored by the Court of Appeal - It is not proper. ONDO STATE UNIVERSITY V. FOLAYAN (1994) 11 KLR 359; (1994) 7 NWLR (PT. 354) 1

 

MASTER & SERVANT - Termination - Appellant initially employed as a special assistant - Subsequently appointed a director - Whether he can be terminated at will on three months notice. IWUCHUKWU V. DAVE ENG. CO. LTD (1994) 12 KLR 76; (1994) 7 NWLR (PT. 357) 379

 

MASTER & SERVANT - Termination of appointment - By Appointments and Promotions Board of University - Is lawful. ONDO STATE UNIVERSITY V. FOLAYAN (1994) 11 KLR 359; (1994) 7 NWLR (PT. 354) 1

 

MASTER & SERVANT - Termination of appointment - Purported to be done under Decree No. 17 of 1984 - That ousts court’s jurisdiction - It has not been shown that the termination was done by the appropriate authority. F.C.D.A. V. SULE (1994) 4 KLR 109; (1994) 3 NWLR (PT. 332) 257

 

MASTER & SERVANT - Termination of appointment - Signed on behalf of the permanent secretary - Cannot properly terminate respondent’s appointment. F.C.D.A. V. SULE (1994) 4 KLR 109; (1994) 3 NWLR (PT. 332) 257

 

MASTER & SERVANT - Ultra vires and void removal of a servant - Where contract of service is protected by statute - Removal that is not in compliance with the statutory provisions - Is ultra vires and void. NNOLI V. UNTH MGT. BOARD (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 163

 

MASTER & SERVANT - Unlawful dismissal - First claim in the writ of summons - For an order that the letter of dismissal is unlawful, null and void - Where that claim is not contained in the amended statement of claim - It is abandoned. ENIGBOKAN V. A.I.I. CO. LTD. (1994) 11 KLR 44; (1994) 6 NWLR (PT. 348) 1

 

MAXIMS - Presumption of regularity - Execution of land conveyance by illiterate vendors before a magistrate as required by law - Is to be presumed rightly and regularly done - In line with the maxim omnia praesumuntur rite esse acta. TEWOGBADE V. OBADINA (1994) 7 KLR 1; (1994) 4 NWLR (PT. 338) 326

 

MORTGAGES - Covenant to pay interest - Where no specific interest is stated - When interest of 9% will be implied. EJIKEME V. OKONKWO (1994) 13 KLR 55; (1994) 8 NWLR (PT. 362) 266

 

MORTGAGES - Covenant to pay the principal debt - On a given date -Where omitted - Whether there is implied promise to pay within a reasonable time. EJIKEME V. OKONKWO (1994) 13 KLR 55; (1994) 8 NWLR (PT. 362) 266

 

MORTGAGES - Equity of redemption of the borrower - Whether plaintiff can rightly claim - That the defendant cannot redeem the mortgage until after 35 years - As contained in the mortgage deed. EJIKEME V. OKONKWO (1994) 13 KLR 55; (1994) 8 NWLR (PT. 362) 266

 

MORTGAGES - Extrinsic evidence - Move to rely on a memorandum to contradict the parties’ deeds of mortgage - The memorandum is not admissible for being extrinsic. UNION BANK V. OZIGI (1994) 5 KLR 1; (1994) 3 NWLR (PT. 333) 385

 

MORTGAGES - Right to redeem - Whether it can be taken away - By an expressed agreement of the parties. EJIKEME V. OKONKWO (1994) 13 KLR 55; (1994) 8 NWLR (PT. 362) 266

 

MORTGAGES - Unambiguous provisions of mortgage agreements -Whether the operative words - Should be given their ordinary grammatical meaning. UNION BANK V. SAX LTD. (1994) 13 KLR 94; (1994) 8 NWLR (PT. 361) 150

 

MURDER - (SEE CRIMINAL LAW & CRIMINAL PROCEDURE)

 

MURDER - Conviction - Based on the evidence of one credible witness - Whether proper. BARIDAM V. THE STATE (1994) 2 KLR 1; (1994) 1 NWLR (PT. 320) 250

 

MURDER - Conviction - Excessive beating of the deceased - Intention to kill found lacking - Conviction for murder cannot be sustained. AKPABIO V. THE STATE (1994) 12 KLR 1; (1994) 1 NWLR (PT. 320) 25040

 

MURDER - Extra judicial confession by accused - Resiled from during trial - Conviction based mainly on the confession - Is proper. EBAGUA V. A-G. BENDEL STATE (1994) 3 KLR 77

 

NATURAL JUSTICE - Violation of its principles in any decision - The proceedings and judgment are rendered null and void thereby. SALU V. EGEIBON (1994) 11 KLR 68; (1994) 6 NWLR (PT. 348) 23

 

ORDERS - Dismissal - Where appellant’s case borders on uncertainty - Dismissal is the proper order. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

ORDERS - Judgment Debt Retention - Stay of execution - Bank that is the Judgment debtor - It is not proper to order that the bank retains the judgment debt. UNION BANK V. ODUSOTE (1994) 4 KLR 83; (1994) 3 NWLR (PT. 331) 129

 

ORDERS - Retrial - Appeals - Court of Appeal’s order of retrial - When held to be manifestly wrong. NATIONAL BANK V. OLATUNDE & CO. LTD (1994) 5 KLR 31; (1994) 3 NWLR (PT. 334) 512

 

ORDERS - Retrial - Proper time to order a retrial - When retrial ordered by the Court of Appeal is not justified. OGBUOKWELU V. UMEANAFUNKWA (1994) 8 KLR 79; (1994) 4 NWLR (PT. 341) 676

 

ORDERS - Retrial - Will not be ordered - Where a party has failed to prove his case. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

ORDERS - Retrial order - By Court of Appeal in a land matter - Held to be as a result of misconception of the case. ADONRI V. OJO-OSAGIE (1994) 11 KLR 15; (1994) 6 NWLR (PT. 349) 157

 

ORDERS - Retrial order - Made in view of violation of natural justice Deemed proper. SALU V. EGEIBON (1994) 11 KLR 68; (1994) 6 NWLR (PT. 348) 23

 

ORDERS - Retrial order - Trial court’s failure to make findings on material issues that depend on credibility of witnesses - Where appeal is allowed thereby - Retrial is the proper order. OKEDARE V. ADEBARA (1994) 11 KLR 105; (1994) 6 NWLR (PT. 349) 157

 

PARTIES - Joinder - Plaintiff’s failure to join a party who ought to have been joined - Proceedings is not rendered a nullity thereby - On ground of Court’s lack of competence or jurisdiction. UNION BEVERAGES V. PEPSI COLA (1994) 4 KLR 24; (1994) 3 NWLR (PT. 330) 1

 

PARTIES - Legal persons - Whether university council and the vice chancellor - Are legal persons - That can be sued under those names. CARLEN (NIG) LTD V. UNIJOS (1994) 2 KLR 96; (1994) 1 NWLR (PT. 323) 631

 

PARTIES - Non parties to an action - The court will not make a pronouncement - That will affect them. OKONKWO V. OKAGBUE (1994) 14 KLR 1; (1994) 9 NWLR (PT. 368) 301

 

PARTNERSHIP - Company law - Directors - Where defendants became directors by virtue of partnership agreement - They cannot own shares or have voting rights. OKOYA V. SANTILLI (1994) 6 KLR 1; (1994) 4 NWLR (PT. 338) 256

 

PLEADINGS - Admission - Averments in the statement of claim -Where admitted in the statement of defence - Further proof of the averment will not be needed. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

PLEADINGS - Admission - Of boundaries of land - Whether finding of fact need be made on boundaries. MOTANYA V. ELINWA (1994) 12 KLR 309; (1994) 7 NWLR (PT. 356) 252

 

PLEADINGS - Amended statement of claim - Supersedes the one amended - Where there is no substantial change in the two statements -Whether court’s reference to the former occasioned a miscarriage of justice. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

PLEADINGS - Averment of indebtedness for a specific amount - Denial thereof via an affidavit - That affidavit is admissible. A.C.B. LTD V. GWAGWADA (1994) 7 KLR 94; (1994) 5 NWLR (PT. 342) 25

 

PLEADINGS - Averments in pleadings - When evidence is held to be in line with averred facts. NZERIBE V. DAVE ENG. CO. LTD. (1994) 13 KLR 68; (1994) 8 NWLR (PT. 361) 124

 

PLEADINGS - Custom - Whether a particular custom is repugnant - Is a matter of law - That need not be pleaded. OKONKWO V. OKAGBUE (1994) 14 KLR 1; (1994) 9 NWLR (PT. 368) 301

 

PLEADINGS - Declaration of title - Plaintiff’s averred pledge of land denied by defendants - There is no element of surprise - Or concealment of the nature of the defence. AGWUNEDU V. ONWUMERE (1994) 2 KLR 40; (1994) 1 NWLR (PT. 321) 375

 

PLEADINGS - Denial of averment - Land law - Court of Appeal’s finding that an averment by Plaintiff was not denied - Where the records show a denial - That finding cannot be correct. AGWUNEDU V. ONWUMERE (1994) 2 KLR 40; (1994) 1 NWLR (PT. 321) 375

 

PLEADINGS - Deviation - Stated objective of the parties in their pleadings - Supported by overwhelming evidence as found by the two lower courts - Deviation of lower Courts in their final findings - Held untenable and complete departure from the pleadings. OKOYA V. SANTILLI (1994) 6 KLR 1; (1994) 4 NWLR (PT. 338) 256

 

PLEADINGS - Deviation from pleadings in appellant’s oral testimony -Thereby making a case that was not pleaded - Onus of proof is not discharged. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

PLEADINGS - Failure of plaintiff to prove the assertion in his pleading - Proper order to be made - Is dismissal of the claim. UNION BANK V. OZIGI (1994) 5 KLR 1; (1994) 3 NWLR (PT. 333) 385

 

PLEADINGS - Features on survey plan - Tendered by the plaintiffs -Were not put in issue on the pleadings - Question of proving the features will not arise. NWOKE V. OKERE (1994) 9 KLR 25; (1994) 5 NWLR (PT. 343) 159

 

PLEADINGS - Identity of land - Issues are not joined thereon - Action will not be dismissed - Where there are sufficient oral and documentary evidence on identity of the land. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

PLEADINGS - Illegality - Company law - Transaction in shares tainted ab initio with illegality - whether the illegality should have been pleaded. OKOYA V. SANTILLI (1994) 6 KLR 1; (1994) 4 NWLR (PT. 338) 256

 

PLEADINGS - Illegality - Company law - Transaction in shares tainted ab initio with illegality - whether the illegality should have been pleaded. OKOYA V. SANTILLI (1994) 6 KLR 1; (1994) 4 NWLR (PT. 338) 256

 

PLEADINGS - Illegality of contract - Not pleaded - Or raised before the arbitrator - Could not be associated with the arbitrator. LSDPC V. ADOLD STAMM (1994) 12 KLR 320; (1994) 7 NWLR (PT. 358) 545

 

PLEADINGS - Illegality of contract - Not pleaded - Or raised before the arbitrator - Could not be associated with the arbitrator. LSDPC V. ADOLD STAMM (1994) 12 KLR 320; (1994) 7 NWLR (PT. 358) 545

 

PLEADINGS - Improper traverse - Admission - Insufficient plea that defendant is not in a position to admit or deny allegation - Is tantamount to an admission. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

PLEADINGS - Improper traverse - Admission - Insufficient plea that defendant is not in a position to admit or deny allegation - Is tantamount to an admission. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

PLEADINGS - Innuendo - Where natural and ordinary meaning of libelous words were pleaded - Whether tantamount to plea of innuendo. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

PLEADINGS - Innuendo - Where natural and ordinary meaning of libelous words were pleaded - Whether tantamount to plea of innuendo. AMORC V. AWONIYI (1994) 12 KLR 15; (1994) 7 NWLR (PT. 355) 154

 

PLEADINGS - Joinder of issues - Where defendant did not join issues with plaintiff - It is tantamount to an admission. HONIKA SAWMILL LTD V. HOFF (1994) 3 KLR 57; (1994) 2 NWLR (PT. 326) 252

 

PLEADINGS - Joinder of issues - Where defendant did not join issues with plaintiff- It is tantamount to an admission. HONIKA SAWMILL LTD V. HOFF (1994) 3 KLR 57; (1994) 2 NWLR (PT. 326) 252

 

PLEADINGS - Land Law - Averments in Statement of Claim - Where sufficiently traversed by defendants - Burden of proof is placed on the plaintiffs. OSAFILE V. ODI (1994) 3 KLR 38; (1994) 2 NWLR (PT. 325) 125

 

PLEADINGS - Objection to the admissibility of a document - The objection must not be pleaded - In order to be sustained. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

PRACTICE & PROCEDURE - Application for adjournment - Refusal of - When miscarriage of justice is occasioned thereby - Powers of the appellate court. SALU V. EGEIBON (1994) 11 KLR 68; (1994) 6 NWLR (PT. 348) 23

 

PRACTICE & PROCEDURE - Boundaries of Land - Admitted in pleadings - Whether trial court should have made any finding of fact on the boundaries. MOTANYA V. ELINWA (1994) 12 KLR 309; (1994) 7 NWLR (PT. 356) 252

 

PRACTICE & PROCEDURE - Constitution of a State high court - Under s.238 of the 1979 Constitution - Allowance is made for the court being constituted by more than one judge. ISHOLA V. AJIBOYE (1994) 11 KLR 208; (1994) 6 NWLR (PT. 352) 506

 

PRACTICE & PROCEDURE - Counterclaim - Commission of any wrong in law not established against plaintiff - Whether counterclaim should succeed. ADENE V. DATUNBU (1994) 4 KLR 45; (1994) 2 NWLR (PT. 328) 509

 

PRACTICE & PROCEDURE - Discretion of courts - To dismiss an action under the Rules - Upon the raising of point of law - Where lack of locus standi is established - The court should strike out the action and not dismiss it. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

PRACTICE & PROCEDURE - English authorities - Since the 1968 Companies Act is in the main same as 1948 English Companies Act -Whether Court of Appeal was right in following English authorities. IWUCHUKWU V. DAVE ENG. CO. LTD (1994) 12 KLR 76; (1994) 7 NWLR (PT. 357) 379

 

PRACTICE & PROCEDURE - Evidence - No challenge to document tendered - Challenge held unnecessary as the document was of no use to the relevant issue. F.C.D.A. V. SULE (1994) 4 KLR 109; (1994) 3 NWLR (PT. 332) 257

 

PRACTICE & PROCEDURE - Evidence given in previous proceedings - Arbitration - Whether the court asked to determine the propriety of the arbitrator’s proceedings - Can be stopped from relying on the past proceedings before the arbitration. LSDPC V. ADOLD STAMM (1994) 12 KLR 320; (1994) 7 NWLR (PT. 358) 545

 

PRACTICE & PROCEDURE - Exhibits - Failure to plead or place reliance on an exhibit - No defence can avail defendant in respect of that exhibit. HONIKA SAWMILL LTD V. HOFF (1994) 3 KLR 57; (1994) 2 NWLR (PT. 326) 252

 

PRACTICE & PROCEDURE - Filing fees - Where not paid in filing Notice and Grounds of Appeal - Attached to motion and sought to be deemed as properly filed - That prayer will not be granted. ADELAJA V. ALADE (1994) 11 KLR 97; (1994) 7 NWLR (PT. 358) 537

 

PRACTICE & PROCEDURE - Findings of fact - Court of Appeal’s failure to consider the trial court’s weighty findings of fact - Though it directed its mind to the guiding principles on the issue - Those guiding principles were not applied. ADONRI V. OJO-OSAGIE (1994) 11 KLR 15; (1994) 6 NWLR (PT. 349) 157

 

PRACTICE & PROCEDURE - Findings that depend on credibility of witnesses - Trial court’s failure to make the findings - When the failure is deemed to deny the Supreme Court the ability to determine the case. OKEDARE V. ADEBARA (1994) 11 KLR 105; (1994) 6 NWLR (PT. 349) 157

 

PRACTICE & PROCEDURE - Forgery allegation in civil matters -Concurrent finding of the two lower Courts that the forgery was not established - Upheld by the Supreme Court. TEWOGBADE V. OBADINA (1994) 7 KLR 1; (1994) 4 NWLR (PT. 338) 326

 

PRACTICE & PROCEDURE - Fraud - Alleged by the defendant -Without leading evidence to that effect - The allegation is not supportable. ALIYU V. SODIPO (1994) 8 KLR 56; (1994) 5 NWLR (PT. 342) 1

 

PRACTICE & PROCEDURE - Hearing notice - Service thereof - No proof that the parties were served - Whether the order striking out the parties’ motions in their absence - Is a nullity. MBADINUJU V. EZUKA (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 134; (1994) 8 NWLR (PT. 364) 535

 

PRACTICE & PROCEDURE - Identity of the land in dispute - Defendants’ failure to take advantage of their option to file a survey plan - Implies that they are satisfied by the plaintiffs’ description. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

PRACTICE & PROCEDURE - Interest on a sum of money claimed as debt - Two legal ways by which such claim of interest will arise - Where there is no rationale for the claim of interest - It ought to be disallowed. HIMMA MERCHANTS LTD. V. ALIYU (1994) 10 KLR 50; (1994) 5 NWLR (PT. 347) 667

 

PRACTICE & PROCEDURE - Intervener - Key test for joining an intervener - Is whether he will directly be affected by the judgment. IGE V. AKINYEMI (1994) 11 KLR 399

 

PRACTICE & PROCEDURE - Issues canvassed by the parties at trial - Considered by the lower court - Whether such consideration of issues was erroneous. EDOKPOLO & CO. V. OHENHEN (1994) 12 KLR 180; (1994) 7 NWLR (PT. 358) 511

 

PRACTICE & PROCEDURE - Joinder of intervener - Where prima facie interest in land in dispute is established by interveners - They were properly joined in the action. IGE V. AKINYEMI (1994) 11 KLR 399

 

PRACTICE & PROCEDURE - Joinder of parties - Applicant to show that failure to join him will result in the claim not being effectually determined. IGE V. AKINYEMI (1994) 11 KLR 399

 

PRACTICE & PROCEDURE - Joinder of parties - Plaintiff’s failure to join a right party - Proceedings is not rendered a nullity thereby - On ground of lack of jurisdiction. UNION BEVERAGES V. PEPSI COLA (1994) 4 KLR 24; (1994) 3 NWLR (PT. 330) 1

 

PRACTICE & PROCEDURE - Joinder of parties application - What a trial court should consider - Not to wade into full merit of the case. IGE V. AKINYEMI (1994) 11 KLR 399

 

PRACTICE & PROCEDURE - Joinder of parties application - When applicant’s presence is necessary - Need to establish an interest in the subject matter of the action. IGE V. AKINYEMI (1994) 11 KLR 399

 

PRACTICE & PROCEDURE - Land matters - Failure to present case with required degree of certainty - Whether that case should succeed. ODICHE V. CHIBOGWU (1994) 12 KLR 64; (1994) 7 NWLR (PT. 354) 78

 

PRACTICE & PROCEDURE - Locus standi - At whatever stage plaintiff is found to lack locus - Court’s jurisdiction is affected - Striking out the action is the course open to the court. ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

PRACTICE & PROCEDURE - Motion for extension of time - Where not served on the defendant - Whether trial court has jurisdiction to proceed and strike out the parties’ motions. MBADINUJU V. EZUKA (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 134; (1994) 8 NWLR (PT. 364) 535

 

PRACTICE & PROCEDURE - Notice of intention to defend and its annexures - Sought to be tendered towards establishing a paragraph of the Claim - S.34(l) of the Evidence Act was not relevant at that stage - To prevent admission of the document. A.C.B. LTD V. GWAGWADA (1994) 7 KLR 94; (1994) 5 NWLR (PT. 342) 25

 

PRACTICE & PROCEDURE - Notice to produce - Failure to produce the contract agreement in spite of the notice - Unexecuted blank “articles of agreement” - Cannot qualify as secondary evidence. NATIONAL BANK V. OLATUNDE & CO. LTD (1994) 5 KLR 31; (1994) 3 NWLR (PT. 334) 512

 

PRACTICE & PROCEDURE - Order of dismissal - Where appellant’s case borders on uncertainty - As can be deduced from appellant’s own admission - Dismissal is the proper order. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

PRACTICE & PROCEDURE - Order of retrial - Though a decision based on trial judge’s personal view cannot stand - Retrial will not be ordered - Where a party has failed to prove his case. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

PRACTICE & PROCEDURE - Parties to an action - Where 3rd defendant’s marriage is declared null and void - But her children were not parties in the suit - Whether the court will make a pronouncement that will affect the said children. OKONKWO V. OKAGBUE (1994) 14 KLR 1; (1994) 9 NWLR (PT. 368) 301

 

PRACTICE & PROCEDURE - Pleadings - Appeals - Application to amend pleadings before the Supreme Court - Type of amendment that may or may not be allowed. ADELAJA V. ALADE (1994) 11 KLR 97; (1994) 7 NWLR (PT. 358) 537

 

PRACTICE & PROCEDURE - Pleadings - Defendant’s failure to specifically deny plaintiff’s averments - Coupled with the admission of some of the averments - Plaintiff held to be entitled to succeed - On the strength of the pleadings and evidence. HONIKA SAWMII L LTD V. HOFF (1994) 3 KLR 57; (1994) 2 NWLR (PT. 326) 256

 

PRACTICE & PROCEDURE - Pleadings - Non inclusion of a relief sought under the writ of summons within the statement of claim -That relief is not still subsisting. ENIGBOKAN V. A.I.I. CO. LTD. (1994) 11 KLR 44; (1994) 6 NWLR (PT. 348) 1

 

PRACTICE & PROCEDURE - Pleadings - Unfulfilled undertaking to file a survey plan - Where issues are not joined on the identity of the land - Action will not be dismissed - Given sufficient oral and documentary evidence on identity of the land. EVBUOMWAN V. ELEMA (1994) 11 KLR 321; (1994) 6 NWLR (PT. 353) 638

 

PRACTICE & PROCEDURE - Practice of court taking down important submission - Is not relaxed under Oyo State High Court Rules - Proper import of the relevant law. SHYLLON V. ASEIN (1994) 11 KLR 135; (1994) 6 NWLR (PT. 353) 670

 

PRACTICE & PROCEDURE - Proceedings of court - On a particular date - When declared a nullity. MBADINUJU V. EZUKA (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 134; (1994) 8 NWLR (PT. 364) 535

 

PRACTICE & PROCEDURE - Raising of procedural issue of law - As to applicable customary law - Where the issue cannot be determined without evidence - The issue must not succeed - Merely because Court of Appeal’s leave was obtained. EREJUWA II V. KPEREGBEYI (1994) 8 KLR 31

 

PRACTICE & PROCEDURE - Res judicata - Land dispute - Previous consent Judgment with attached survey plan - Was rightly held by lower courts - To constitute res judicata. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

PRACTICE & PROCEDURE - Retired judicial officer - Whether barred by the 1979 Constitution - From personally conducting a case in which he is a party. ATAKE V. AFEJUKU (1994) 14 KLR 83; (1994) 9 NWLR (PT. 368) 379

 

PRACTICE & PROCEDURE - Running of period of limitation of an action - Negotiation between the parties - Period of limitation does not cease to run by virtue of the negotiation. EBOIGBE V. NNPC (1994) 10 KLR 68; (1994) 5 NWLR (PT. 347) 649

 

PRACTICE & PROCEDURE - Stay of Execution - Supreme Court -Where stay has been granted by Court of Appeal - Further application can be made to the Supreme Court to vary it. UNION BANK V. ODUSOTE (1994) 4 KLR 83; (1994) 3 NWLR (PT. 331) 129

 

PRACTICE & PROCEDURE - Stay of proceedings - Where no ground was supplied on which to grant a stay - Whether pendency of interlocutory appeal per se - Will justify a stay of further proceedings. NZERIBE V. DAVE ENG. CO. LTD. (1994) 13 KLR 68; (1994) 8 NWLR (PT. 361) 124

 

PRACTICE & PROCEDURE - Termination of action - Appeals -Subsistence of an appeal - Where the 1st appellant died before hearing -Whether all aspects of the claim are ended thereby. AJAKAIYE GOV. OF BENDEL STATE (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 11

 

PRACTICE & PROCEDURE - Undefended list - Claim for interest on a debt by mere assertion - Whether burden of proof was fully discharged by plaintiff. HIMMA MERCHANTS LTD V. ALIYU (1994) 10 KLR 50; (1994) 5 NWLR (PT. 347) 667

 

PRACTICE & PROCEDURE - Undefended list - Claim of interest on a debt by mere assertion - Burden of proof was not fully discharged by plaintiff. HIMMA MERCHANTS LTD. V. ALIYU (1994) 10 KLR 50; (1994) 5 NWLR (PT. 347) 667

 

PRACTICE & PROCEDURE - Writ of Summons - Failure to furnish evidence - On the defect in the service of the Writ - Means provision of no materials upon which to determine validity of the writ and jurisdiction issues. YUSUF V. CO-OPERATIVE BANK (1994) 12 KLR 344; (1994) 7 NWLR (PT. 359) 676

 

PRACTICE & PROCEDURE - Wrongful dismissal of plaintiffs’ case by trial court - On ground of inconclusive evidence of boundary - Court of Appeal rightly held that plaintiffs proved their title. NWOKE V. OKERE (1994) 9 KLR 25; (1994) 5 NWLR (PT. 343) 159

 

RES JUDICATA - Land dispute - Previous consent judgment - Rightly held by lower Courts - To constitute res judicata. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

RULES OF COURT - Interest on judgment debt - 0.40 r. 7 Bauchi State High Court Rules - That provided for applicable rate of interest -Whether the court has discretion to exceed the prescribed rate of interest. HIMMA MERCHANTS LTD V. ALIYU (1994) 10 KLR 50; (1994) 5 NWLR (PT. 347) 667

 

SEAL - No seal affixed upon a contractual document - Contract not required by law to be under seal - That contract is not void. CARLEN (NIG) LTD V. UNIJOS (1994) 2 KLR 96; (1994) 1 NWLR (PT. 323) 631

 

STATUTES - Applicability - Interpretation Act S.10(2) - Counsel’s failure to distinguish between issues - Move to rely on the Act -

Provision of S.10(2) held not applicable. F.C.D.A. V. SULE (1994) 4 KLR 109; (1994) 3 NWLR (PT. 332) 257

 

STATUTES - Banking Decree No.25 of 1991 S. 11 - That ousted court’s jurisdiction - Whether the plaintiffs are caught by the ouster clause. KOTOYE V. SARAKI (1994) 12 KLR 226; (1994) 7 NWLR (PT. 357) 414

 

STATUTES - Chiefs Law Kwara State s. 15 - That provides for payment of N10,000.00 non refundable fee for access to court - In chieftaincy matters - Properly construed. OBABA V. MILITARY GOV. KWARA STATE (1994) 6 KLR 114; (1994) 4 NWLR (PT. 336) 26

 

STATUTES - Construction - Legal Practitioners Act S.I7(3) (b) - No Distinction between bill of charges delivered for completed and non completed work - Disputed bills are not exempted from operations of the said section. CHUKA OKOLI & ASSO. V. CRUSADER INS. (1994) 4 KLR 71; (1994) 2 NWLR (PT. 329) 635

 

STATUTES - Construction of Statutes - Ouster Clause of a statute -Need to give it a very strict construction. KOTOYE V. SARAKI (1994) 12 KLR 226; (1994) 7 NWLR (PT. 357) 414

 

STATUTES - Contradictory statute - Chieftaincy matters - Bendel State Edict that ousts courts’ jurisdiction in chieftaincy matters - Is impliedly repealed - To be in conformity with the 1979 Constitution. EREJUWA II V. KPEREGBEYI (1994) 8 KLR 31

 

STATUTES - Evidence Act - Burden of proof placed by s.135 of the Act - Held not discharged - By the defendant. HONIKA SAWMILL LTD V. HOFF (1994) 3 KLR 57; (1994) 2 NWLR (PT. 326) 252

 

STATUTES - Inconsistency - S.63(l) High Court Law Kwara State -That made appellate jurisdiction of the High Court - To be by two judges of that court - Is not inconsistent with the 1979 Constitution. ISHOLA V. AJIBOYE (1994) 11 KLR 208; (1994) 6 NWLR (PT. 352) 506

 

STATUTES - Limitation of actions - Provisions of the Bendel State Law and the NNPC Act thereon - Properly analysed. EBOIGBE V. NNPC (1994) 10 KLR 68; (1994) 5 NWLR (PT. 347) 649

 

STATUTES - Oyo State High Court Law S.61 - That provided for taking down in writing all oral evidence given before the court -Shall include relevant submissions made by counsel or parties. SHYLLON V. ASEIN (1994) 11 KLR 135; (1994) 6 NWLR (PT. 353) 670

 

STATUTES - Procedure specified by a statute - Need to follow it strictly. NNOLI V. UNTH MGT. BOARD (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 163

 

STATUTES - Statutory interpretation - Court to interpret the words as used - Restriction on court’s power to go on a voyage of discovery. KOTOYE V. SARAKI (1994) 12 KLR 226; (1994) 7 NWLR (PT. 357) 414

 

STAY OF EXECUTION - Granted by Court of Appeal - Whether further application can be made to the Supreme Court - To vary it. UNION BANK V. ODUSOTE (1994) 4 KLR 83; (1994) 3 NWLR (PT. 331) 129

 

STAY OF EXECUTION - Special and general damages awarded by lower courts - When Supreme Court will only grant stay of the general damages UNION BANK V. ODUSOTE (1994) 4 KLR 83; (1994) 3 NWLR (PT. 331) 129

 

STAY OF PROCEEDINGS - Discretion of trial court - In refusing to grant stay of proceedings - Whether wrongfully exercised. NZERIBE V. DAVE ENG. CO. LTD (1994) 13 KLR 68; (1994) 8 NWLR (PT. 361) 124

 

STAY OF PROCEEDINGS - No ground supplied on which to grant a stay - Pendency of interlocutory appeal per se - Will not justify a stay of proceedings. NZERIBE V. DAVE ENG. CO. LTD (1994) 13 KLR 68; (1994) 8 NWLR (PT. 361) 124

 

SUCCESSION - Inheritance of land - Under Bini customary law - When trial court’s findings of fact - Are not to be disturbed. ADONRI V. OJO-OSAGIE (1994) 11 KLR 15; (1994) 6 NWLR (PT. 349) 157

 

SUPREME COURT - Ability to determine the case - Trial court’s failure to make the findings - That depend on credibility of witnesses -Deemed to deny the Supreme Court ability to determine the case. OKEDARE V. ADEBARA (1994) 11 KLR 105; (1994) 6 NWLR (PT. 349) 157

 

SUPREME COURT - Application for review of its judgment - Where misconceived - The application will not be granted. IBERO V. OBIOHA (1994) 2 KLR 71; (1994) 1 NWLR (PT. 322) 503

 

SUPREME COURT - Bound to determine a matter one way or the other - Not permitted a double say in law - The Supreme Court cannot invoke s.6(6) of the Constitution - Towards reversing its previous judgment. IBERO V. OBIOHA (1994) 2 KLR 71; (1994) 1 NWLR (PT. 322) 503

 

SUPREME COURT - Conflicting decisions of the Supreme Court -When a consideration thereof - By the Court of Appeal - Is deemed proper ADESOKAN V. ADETUNJI (1994) 10 KLR 85; (1994) 5 NWLR (PT. 346) 560

 

SUPREME COURT - Judgments of the Supreme Court - Once entered - Shall remain valid for ever. IBERO V. OBIOHA (1994) 2 KLR 71; (1994) 1 NWLR (PT. 322) 503

 

SUPREME COURT - Overruling previous decision - Invitation to Supreme Court to overrule its previous decision in Jules v. Ajani -Where no satisfactory reason has been shown - The Court will not depart from it’s said previous decision. TEWOGBADE V. OBADINA (1994) 7 KLR 1; (1994) 4 NWLR (PT. 338) 326

 

SUPREME COURT - Pleadings - Application to amend before the Supreme Court - Type of amendment of pleadings - That will change the nature of the claim - Will not be allowed. ADELAJA V. ALADE (1994) 11 KLR 97; (1994) 7 NWLR (PT. 358) 537

 

TORTS - Damage to crops - Claim for N200,000.00 special and general damages - Where the action is statute barred - Whether it is maintainable. EBOIGBE V. NNPC (1994) 10 KLR 68; (1994) 5 NWLR (PT. 347) 649

 

TRESPASS - Better title - Two parties entering and claiming possession to the land in dispute - Party with a better title - Is entitled to succeed. UGBO V. ABURIME (1994) 12 KLR 363; (1994) 8 NWLR (PT. 360) 1

 

TRESPASS - Damages for trespass - Where exclusive possession was proved - Plaintiffs can succeed - Though their claim for declaration of title fails. OSAFILE V. ODI (1994) 3 KLR 38; (1994) 2 NWLR (PT. 325) 125

 

TRESPASS - Existence of previous consent judgment - Subsequent entrance on plaintiffs’ land - Whether the defendants are liable for trespass. OSENI V. DAWODU (1994) 7 KLR 51; (1994) 4 NWLR (PT. 339) 390

 

TRESPASS - Finding of trespass - Where plaintiffs had been in possession for over 100 years - Whether finding of trespass against defendants - Is supported by evidence. OGBU V. ANI (1994) 12 KLR 1; (1994) 7 NWLR (PT. 355) 128

 

TRESPASS - Granted rights - Acting in excess of it - Whether appellants became trespassers thereby. OBIOHA V. DURU (1994) 13 KLR 243; (1994) 8 NWLR (PT. 365) 631

 

TRESPASS - Proof of a better title by the Defendants - Failure of plaintiff to establish his tenancy - He cannot maintain an action in trespass. ABOYEJI V. MOMOH (1994) 8 KLR 1; (1994) 4 NWLR (PT. 341) 646

 

WORDS & PHRASES - “At least” - Used under s.238 of the Constitution - In respect of composition of high court - Proper meaning thereof. ISHOLA V. AJIBOYE (1994) 11 KLR 208; (1994) 6 NWLR (PT. 352) 506

 

WORDS & PHRASES - “Notwithstanding anything in any other enactment” - Used in s.11 (1) of the NNPC Act - In relation to limitation of actions - Any other Law or Act cannot prevent time from running during negotiations. EBOIGBE V. NNPC (1994) 10 KLR 68; (1994) 5 NWLR (PT. 347) 649

 

WORDS & PHRASES - “Shall” - As used in s.9(l) & 13 of Decree No. 10 of 1985 - Whether mandatory. NNOLI V. UNTH MGT. BOARD (1994) 13 KLR 1; (1994) 2 NWLR (PT. 324) 163

 

WORDS & PHRASES - “Take down in writing the purports of oral evidence” - Used in Oyo State Might Court law S.61 - In respect of court’s taking down of minutes - Construed to include relevant oral submissions made by counsel or parties. SHYLLON V. ASEIN (1994) 11 KLR 135; (1994) 6 NWLR (PT. 353) 670

 

WRIT OF SUMMONS - Supersession by statement of claim - Non inclusion of a relief sought under the writ within the statement of claim - Statement of claim supersedes the writ of summons. ENIGBOKAN V. A.I.I. CO. LTD (1994) 11 KLR 44; (1994) 6 NWLR (PT. 348) 1

 

WRIT OF SUMMONS - Validity of the writ - Cannot be determined -Where no evidence was furnished - On the defect in the service of the writ. YUSUF V. CO-OPERATIVE BANK (1994) 12 KLR 344; (1994) 7 NWLR (PT. 359) 676