COMPREHENSIVE INDEX TO ALL SUPREME COURT 1995 DECISIONS

 

ABANDONED PROPERTY - Definition - Whether property in dispute - Was an abandoned property. PAUL V. OZOKPO (1995) 4 KLR 893

 

ACTIONS - Abandonment of a head of claim - Whether tantamount abandonment of any evidence - That is relevant to the determination live issues in the suit. BROADLINE LTD V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

ACTIONS - Bill of lading - Locus to prosecute action - Based on a bill of lading - Whether proper endorsement exist - To grant locus to appellant. BROADLINE LTD V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

ACTIONS - Cause of action - In the present case - When did it arise - Unto determination of applicable law. ALESE V. ALADETUYI (1995) 7 KLR 1357; (1995) 6 NWLR (PT. 403) 527

 

ACTIONS - Cause of action - Whether single in the present case - So that plaintiffs can establish common interest. IDISE V. WILLIAMS INT. LTD. (1995) 1 KLR 132; (1995) 1 NWLR (PT. 370) 142

 

ACTIONS - Constitution of action - Where plaintiffs are members of the general community - That defended action in representative capacity - Whether plaintiffs are also defendants - So as to complain that action was not properly constituted. UDE V. NWANGWU (1995) 9 KLR 1871; (1995) 8 NWLR (PT. 416) 644

 

ACTIONS - Jurisdiction - Assumption thereof by the court - Is to be when person bringing action and subject matter - Are properly before the court. ALESE V. ALADETUYI (1995) 7 KLR 1357; (1995) 6 NWLR (PT. 403) 527

 

ACTIONS - Native Courts - Form of action in native Courts - Must not be stressed on form - Where issues involved are clear - Correct decisions reached on them - Are not to be disturbed. OYAH V. IKALILE (1995) 7 KLR 1440; (1995) 7 NWLR (PT. 406) 150

 

ACTIONS - Previous proceedings - On arrears of rent - Whether a bar to the present proceedings - On declaration of title. PAUL V. OZOKPO (1995) 4 KLR 893

 

ACTIONS - Relief not claimed - In the appellant’s action - Any evi­dence on that relief - Went to no issue. AGOMA V. GUINNESS LTD. (1995) 2 KLR 404; (1995) 2 NWLR (PT. 380) 672

 

ACTIONS - Representative action - Defence presented in a representative capacity - Though not expressed on the summons - Whether action is personal or representative. OYAH V. IKALILE (1995) 7 KLR 1440; (1995) 7 NWLR (PT. 406) 150

 

ACTIONS - Representative action - Where cause of complaint is com­mon to the community - Essential condition for sustaining a representa­tive action. IDISE V. WILLIAMS INT. LTD. (1995) 1 KLR 132; (1995) 1 NWLR (PT. 370) 142

 

ACTIONS - Representative action - Where dispute is fought and de­fended - As interfamily dispute - The action is a representative one. OYAH V. IKALILE (1995) 7 KLR 1440; (1995) 7 NWLR (PT. 406) 150

 

ACTIONS - Representative action - Where pleadings show that parties have neither common grievance nor interest - Whether action was wrongly entertained in a representative capacity. IDISE V. WILLIAMS INT. LTD. (1995) 1 KLR 132; (1995) 1 NWLR (PT. 370) 142

 

ACTIONS - Right to relief for libel - Of the joint plaintiffs - Whether arising out of same transaction. CRS NEWSPAPERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

ACTIONS - Trespass - Right of action in trespass to land - Is Maintain­able by respondent - Who establishes possession and title - To land in dispute. ANYABUNSI V. UGWUNZE (1995) 7 KLR 1372; (1995) 6 NWLR (PT. 401) 255

 

ACTIONS - Triable issue - Not disclosed from averments in a claim -Whether possibility of application for amendment - Can save such an action. WILLIAMS V. WILLIAMS (1995) 2 KLR 342; (1995) 2 NWLR (PT. 375) 1

 

ADJOURNMENT - Application for adjournment - Refusal thereof - That takes away a party’s right - Is erroneous. NABSONS LTD V. MOBIL OIL LTD (1995) 7 KLR 1470; (1995) 7 NWLR (PT. 407) 254

 

ADMINISTRATIVE LAW - Powers of a local government - To acquire land for public purposes - Whether land in dispute was acquired for any public purpose. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

AGENCY - Apparent or ostensible authority doctrine - Whether applicable in holding both appellants liable - As concurrently found by the two lower courts. JALLCO LTD V. OWONIBOYS TECH SERVICES LTD. (1995) 4 KLR 959; (1995) 4 NWLR (PT. 391) 534

 

AGENCY - Holding out as principal - Though not clearly pleaded - Whether proved from the facts in evidence. JALICO LTD V. OWONIBOYS TECH. SERVICES LTD (1995) 4 KLR 959; (1995) 4 NWLR (PT. 391) 534

 

AGREEMENTS - Clear and unambiguous agreement - Between parties - Whether wrongfully interpreted by the two lower courts. UBN LTD V. NWAOKOLO (1995) 4 KLR 919; (1995) 6 NWLR (PT. 400) 127

 

APPEALS - Admissibility of exhibits - Made an issue before the Court of Appeal - Failure to consider that issue - Whether miscarriage of justice was occasioned. ODUNSI V. BAMGBALA (1995) 1 KLR 285; (1995) 1 NWLR (PT. 374) 641

 

APPEALS - Application to substitute deceased appellants - In a representative action - Whether to be granted. OKETIE V. OLUGHOR (1995) 5 KLR 1060; (1995) 4 NWLR (PT. 392) 655

 

APPEALS - Argument of Counsel - Is to be based on the issues formulated - And not on the grounds of appeal. ADEYERI V. ATANDA (1995) 5 KLR 1174; (1995) 5 NWLR (PT. 397) 512

 

APPEALS - Brief of appeal - Filed by the appellant - When held to be a bundle of confusion. ADEHI V. ATEGA (1995) 6 KLR 1286; (1995) 5 NWLR (PT. 398) 656

 

APPEALS - Collapse of Appeal - Main ground of appellant’s case - Failure to establish it - Leads to collapse of the appeal. DADI V. GARBA (1995) 9 KLR 1755; (1995) 8 NWLR (PT. 411) 12

 

APPEALS - Competence of appeal - Death of appellants in representative action - Where Notice of Appeal was filed before the death - Whether the appeal is competent. OLETIE V. OLUGHOR (1995) 5 KLR 1060

 

APPEALS - Competence of appeal - Where the appellant’s brief is not competent - Whether the appeal is rendered incompetent. ADEHI V. ATEGA (1995) 6 KLR 1286; (1995) 5 NWLR (PT. 398) 656

 

APPEALS - Competing motions - When granting of appellant’s motion - Is held to render respondent’s motion useless. A-G FEDERATION V. A.I.C. LTD. (1995) 2 KLR 529; (1995) 2 NWLR (PT. 378) 388

 

APPEALS - Concurrent findings - Company Law - Rejection of appellant’s case - That its director that signed a mortgage was mentally unsound - Whether Supreme Court will interfere. J. A. OBANOR & CO. LTD V. CO-OPERATIVE BANK (1995) 4 KLR 765; (1995) 4 NWLR (PT. 388) 128

 

APPEALS - Concurrent findings - Culpable homicide - Where lower courts’ verdict of guilty - Was based on wrongful evaluation of evi­dence - The basis exists for Supreme Court’s interference. KWAGHSHIR V. THE STATE (1995) 4 KLR 777; (1995) 3 NWLR (PT. 386) 651

 

APPEALS - Concurrent findings - Fair decision of lower courts - Whether an appellate court would interfere. ONOGWU V. THE STATE (1995) 6 KLR 1260; (1995) 6 NWLR (PT. 401) 276

 

APPEALS - Concurrent findings - Of the two lower courts - On the issue of voluntary statements of the appellants - Whether to be dis­turbed. IKPO V. THE STATE (1995) 12 KLR 2152; (1995) 9 NWLR (PT. 421) 540

 

APPEALS - Concurrent findings - Supreme Court will not readily inter­fere - Where appellants did not attack any of the findings - Whether they will stand undisturbed. ADIGUN V. THE GOVERNOR OF OSUN STATE (1995) 3 KLR 671; (1995) 3 NWLR (PT. 385) 513

 

APPEALS - Concurrent findings - Where supported by evidence - And not shown to be perverse - Whether to be upheld. OGUNJUMO V. ADEMOLU (1995) 4 KLR 813; (1995) 4 NWLR (PT. 389) 254

 

APPEALS - Concurrent findings of fact - Appellate Court will not in­terfere - Except where it is perverse or Miscarriage of justice is occasioned. OBIJIAKU V. OFFIAH (1995) 7 KLR 1554; (1995) 7 NWLR (PT. 409) 510

 

APPEALS - Concurrent findings of fact - Appellate Court will not interfere therewith - Where supported by sufficient evidence - Unless it occasioned miscarriage of justice. OGOYI V. UMAGBA (1995) 10 KLR 1982; (1995) 9 NWLR (PT. 419) 283

 

APPEALS - Concurrent findings of fact - Appellate Court will not interfere with correct findings of facts - Where it is not perverse. BAJODEN V. IROMWANIMU (1995) 9 KLR 1709; (1995) 7 NWLR (PT. 410) 655

 

APPEALS - Concurrent findings of fact - By two lower courts - Where no exceptional circumstance has been shown - Supreme Court will not disturb them. WAKAMA V. KALIO (1995) 10 KLR 2017; (1995) 9 NWLR (PT. 418) 131

 

APPEALS - Concurrent findings of fact - Supported by previous cus­tomary court’s decision - Appellate court will not disturb it. OYAH V. IKALILE (1995) 7 KLR 1440; (1995) 7 NWLR (PT. 406) 150

 

APPEALS - Concurrent findings of fact - Whether circumstances for interference exist. UDE V. NWANGWU (1995) 9 KLR 1871; (1995) 8 NWLR (PT. 416) 644

 

APPEALS - Concurrent findings of Lower Courts - In convicting appellants - Whether proper. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

APPEALS - Concurrent findings of lower courts - Whether Supreme Court will interfere. BALOGUN V. ADEJOBI (1995) 1 KLR 252; (1995) 2 NWLR (PT. 376) 131

 

APPEALS - Construction of exhibits - And oral evidence by the Court of Appeal - Decision it arrived at was right. LAWAL V. UNION BANK PLC (1995) 2 KLR 502; (1995) 2 NWLR (PT. 378) 407

 

APPEALS - Correct legal conclusions - Where trial Court’s decision is not based on demeanour of witnesses - Whether court of Appeal can draw correct conclusions from the facts. SONEKAN V. MIL. GOV. OGUN STATE (1995) 1 KLR 193

 

APPEALS - Declaration of customary law - By the Court of Appeal -Though improper - No miscarriage of justice was occasioned. SONEKAN V. MIL. GOV. OGUN STATE (1995) 1 KLR 193

 

APPEALS - Detinue - Resolution by Court of Appeal - That action was based on detinue - And not conversion as found by trial court - Dis­missal of the appeal without appropriate assessment of damages - Is not proper. ORDIA V. PIEDMONT LTD. (1995) 2 KLR 578; (1995) 2 NWLR (PT. 379) 516

 

APPEALS - Error of law - By the Court of appeal - In substituting its findings for those of the trial court. EZEANYA V. OKEKE (1995) 4 KLR 847; (1995) 4 NWLR (PT. 388) 142

 

APPEALS - Error of Lower Court - Must be substantial - In order to warrant reversal of its decision. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

APPEALS - Error of lower court - That did not occasion miscarriage of justice - Will not lead to reversal of judgment. DADI V. GARBA (1995) 9 KLR 1755; (1995) 8 NWLR (PT. 411) 12

 

APPEALS - Evaluation of evidence - By trial court - Where not per­verse - Whether appellate court should interfere. ORO V. FALADE (1995) 5 KLR 1201; (1995) 5 NWLR (PT. 396) 385

 

APPEALS - Evidence - Trial courts evaluation of evidence - Held wrong­fully interfered with - By Court of Appeal. OLATUNJI V. ADISA (1995) 2 KLR 321; (1995) 2 NWLR (PT. 376) 167

 

APPEALS - Extension of time - Discretion of lower court - To grant or refuse extension of time - When appellate court will interfere. NAA V. OKORO (1995) 7 KLR 1341; (1995) 6 NWLR (PT. 403) 510

 

APPEALS - Extension of time to appeal - Conditions under which the application will be granted. SARAKI V. KOTOYE (1995) 5 KLR 1121; (1995) 5 NWLR (PT. 395) 256

 

APPEALS - Extension of time to appeal - Explanation of the delay is required - Where the delay is Counsel’s fault - Whether the party will be punished for the mistake of his counsel. IYALABANI CO. LTD V. BANK OF BARODA (1995) 4 KLR 840; (1995) 4 NWLR (PT. 387) 20

 

APPEALS - Extension of time to appeal - Where issues raised in the grounds of appeal - Were quite substantial - Extension of time and leave to appeal will be granted. A-G FEDERATION V. A.I.C. LTD. (1995) 2 KLR 529; (1995) 2 NWLR (PT. 378) 388

 

APPEALS - Extension of time to appeal - Where the proposed grounds of appeal disclose arguable issues - The question whether the appeal 2242 will succeed - Is not to be considered at that stage. IYALABANI CO. LTD V. BANK OF BARODA (1995) 4 KLR 840; (1995) 4 NWLR (PT. 387) 20

 

APPEALS - Finding of Court of Appeal - Where supported by ample evidence - Supreme Court will not disturb it. SPASCO LTD V. ALRAINE LTD (1995) 9 KLR 1912; (1995) 8 NWLR (PT. 416) 655

 

APPEALS - Finding of fact - Of trial court - That is not supported by credible evidence - Whether to be interfered with. EHIMUA V. NATIONAL OIL & CHEM. MKT. OIL CO. LTD (1995) 5 KLR 1230; (1995) 5 NWLR (PT. 398) 642

 

APPEALS - Findings of fact - Based on erroneous appraisal of certain facts - Whether appellate court’s interference was proper. NLEWEDIM V. UDUMA (1995) 6 KLR 1304; (1995) 6 NWLR (PT. 402) 383

 

APPEALS - Findings of fact - By two lower courts in a land dispute - Whether any case has been made out for disturbing such findings. UDE V. OJECHEMI (1995) 9 KLR 1788; (1995) 8 NWLR (PT. 412) 152

 

APPEALS - Findings of fact - Circumstances under which an appeal court -Will interfere therewith. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

APPEALS - Findings of fact - Interfering with trial court’s finding of fact - That was not supported by evidence - And ignored a statutory provision - Whether proper. AGOMA V. GUINNESS LTD. (1995) 2 KLR 404; (1995) 2 NWLR (PT. 380) 672

 

APPEALS - Findings of fact - Of the trial court - Confirmed by the Court of Appeal - Whether erroneous. UKUT V. THE STATE (1995) 12 KLR 2215; (1995) 9 NWLR (PT. 420) 392

 

APPEALS - Findings of fact - Reasons for interfering therewith - Whether justifiable. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

APPEALS - Findings of fact - Though not to be easily disturbed - Will be questioned - Where not supported by the credible evidence of wit­nesses. OJIAKO V. EWURU (1995) 12 KLR 2197; (1995) 9 NWLR (PT. 420) 460

 

APPEALS - Findings of fact - Where they are unchallenged - Appellate court is not competent to decide on them. IKOKU V. EKEUKWU (1995) 7 KLR 1606; (1995) 7 NWLR (PT. 410) 437

 

APPEALS - Findings of facts - Conclusions thereon - Where wrongful - What is the attitude of an appellate court. NWOBOSI V. ACB LTD (1995) 7 KLR 1410; (1995) 6 NWLR (PT. 404) 658

 

APPEALS - Findings of trial court - As to applicable customary law -Where faultless and fully supported by evidence - Whether appellate court would interfere. EZEANYA V. OKEKE (1995) 4 KLR 847; (1995) 4 NWLR (PT. 388) 142

 

APPEALS - Findings of trial court - Where not supported by totality of the evidence - Appellate court will interfere. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

APPEALS - Findings of trial court - Where supported by evidence - Whether appellate court should interfere. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

APPEALS - Forgery - Allegation that receipts proving filing of notice of appeal were forged - Whether proved beyond reasonable doubt. OKETIE V. OLUGHOR (1995) 5 KLR 1060; (1995) 4 NWLR (PT. 392) 655

 

APPEALS - Grounds of appeal - Duty of court to confine itself to the issues - Raised in the grounds of appeal before it. OJIAKO V. EWURU (1995) 12 KLR 2197; (1995) 9 NWLR (PT. 420) 460

 

APPEALS - Grounds of appeal - Failure to consider some of them by the Court of Appeal - Whether a denial of fair hearing. UBN LTD V. NWAOKOLO (1995) 4 KLR 919; (1995) 6 NWLR (PT. 400) 127

 

APPEALS - Grounds of appeal - Need to obtain leave - Before new grounds can be argued. NKPUMA V. THE STATE (1995) 12 KLR 2117; (1995) 9 NWLR (PT. 421) 505

 

APPEALS - Grounds of appeal - Question of mixed law and fact raised thereby - Need to obtain leave of court. CRS NEWSPAPERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

APPEALS - Grounds of appeal - Struck out by the Court of Appeal for failure to relate any issue to them - Where all the issues raised were eventually considered - No miscarriage of justice is occasioned. UNION BANK LTD V. ODUSOTE BOOKSTORES LTD (1995) 12 KLR 2031; (1995) 9 NWLR (PT. 421) 558

 

APPEALS - Inconsistency - Allegation of inconsistency in plaintiff’s appeal - Whether that proposition was justified. ORDIA V. PIED­MONT LTD. (1995) 2 KLR 578; (1995) 2 NWLR (PT. 379) 516

 

APPEALS - Inquiring into an issue not pleaded - By the Court of Ap­peal - When a miscarriage of justice is occasioned thereby. OLATUNJI V. ADISA (1995) 2 KLR 321; (1995) 2 NWLR (PT. 376) 167

 

APPEALS - Islamic Law - Where applicable - Whether appeal was rightly directed to the Sharia Court of Appeal. USMAN V. KAREEM (1995) 2 KLR 485; (1995) 2 NWLR (PT. 379) 537

 

APPEALS - Issue - Based on an additional ground of appeal - For which no leave was obtained - Whether the issue will be struck out. ANERO V. EZE (1995) 1 KLR 144; (1995) 1 NWLR (PT. 370) 129

 

APPEALS - Issue - Court to consider all issues before it - And confine itself to the issues raised by the parties. ORO V. FALADE (1995) 5 KLR 1201; (1995) 5 NWLR (PT. 396) 385

 

APPEALS - Issue - Formulation thereof - When found to knock the bottom off the defendants’ appeal. ANERO V. EZE (1995) 1 KLR 144; (1995) 1 NWLR (PT. 370) 129

 

APPEALS - Issue - Grounds of appeal - Whether the lone issue - Is related to any of the eight grounds of appeal. OMAGBEMI V. GUINNESS LTD. (1995) 2 KLR 451; (1995) 2 NWLR (PT. 377) 258

 

APPEALS - Issue - Oral submission that is not based on any raised issue - Whether competent ADEYERI V. ATANDA (1995) 5 KLR 1174; (1995) 5 NWLR (PT. 397) 512

 

APPEALS - Issue - That does not flow from any of the grounds of appeal - Whether to be struck out. JALLCO LTD V. OWONIBOYS TECH. SERVICES LTD (1995) 4 KLR 959; (1995) 4 NWLR (PT. 391) 534

 

APPEALS - Issue - That has no bearing to any ground of appeal -Whether it can he argued. SONEKAN V. MIL. GOV. OGUN STATE (1995) 1 KLR 193

 

APPEALS - Issue - That is incompetent for not being covered by any ground - Is to be struck out. OGUNJUMO V. ADEMOLU (1995) 4 KLR 813; (1995) 4 NWLR (PT. 389) 254

 

APPEALS - Issue - That was not raised before the lower courts - When Supreme Court will grant leave. ANATOGU V. IWEKA (1995) 9 KLR 1834; (1995) 8 NWLR (PT. 415) 547

 

APPEALS - Issue - When answered in addressing other issues in same appeal - Proffering another answer amounts to academic exercise. NWOBOSI V. ACB LTD (1995) 7 KLR 1410; (1995) 6 NWLR (PT. 404) 658

 

APPEALS - Issue - Where not confined within the grounds of appeal -Whether competent. OKON V. THE STATE (1995) 1 KLR 241; (1995) 1 NWLR (PT. 372) 382

 

APPEALS - Issue - Where not covered by any ground of appeal - Whether to be struck out. CRS NEWSPAPERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

APPEALS - Issue for determination - Academic and speculative issue that does not arise - Whether to be determined. EZEANYA V. OKEKE (1995) 4 KLR 847; (1995) 4 NWLR (PT. 388) 142

 

APPEALS - Issue of law - Can be raised by the Supreme Court suo motu - But where there is no reason to interfere with the lower courts’ sentence of death - Appeal will be dismissed. NKPUMA V. THE STATE (1995) 12 KLR 2117; (1995) 9 NWLR (PT. 421) 505

 

APPEALS - Leave to file additional documents - Where appeal was arguable - Whether leave will be granted in the interest of justice. A-G FEDERATION V. A.I.C. LTD. (1995) 2 KLR 529; (1995) 2 NWLR (PT. 378) 388

 

APPEALS - Miscarriage of justice - Court of Appeal’s failure to advert to the issue of injunction - Whether appellants suffered any miscarriage of justice thereby. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

APPEALS - Mistake of lower court - Where no miscarriage of justice is occasioned thereby - Supreme Court will not interfere. SPASCO LTD V. ALRAINE LTD (1995) 9 KLR 1912; (1995) 8 NWLR (PT. 416) 655

 

APPEALS - Orders sought - Where beyond pending interlocutory ap­peal - Whether appellate court is competent to entertain them. GOMBE V. P.W. (NIG) LTD (1995) 7 KLR 1321; (1995) 6 NWLR (PT. 402) 402

 

APPEALS - Point of law - Raised for the 1st time on appeal - When to be allowed and determined by the Supreme Court. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

APPEALS - Powers of the Court of Appeal - Under s. 16 of the Court of Appeal Act - Whether it can order a non suit - Which the trial court had no power to order. OTAPO V. FALEYE (1995) 2 KLR 548; (1995) 3 NWLR (PT. 381) 1

 

APPEALS - Reevaluation of evidence - Properly done by Court of Ap­peal - In setting aside trial court’s judgment. NWANKWO V. NWANKWO (1995) 5 KLR 1136; (1995) 5 NWLR (PT. 394) 153

 

APPEALS - Remittal for hearing by Court of Appeal - Where respon­dents filed no cross-appeal - Hearing cannot be ordered. ORO V. FALADE (1995) 5 KLR 1201; (1995) 5 NWLR (PT. 396) 385

 

APPEALS - Respondent’s notice - Seeking the Court of appeal to very the High Court’s order of injunction - By extracting undertaking as to damages - Whether right granted. AFRO-CONTINENTAL LTD V. AYANTUYI (1995) 12 KLR 2127; (1995) 9 NWLR (PT. 420) 411

 

APPEALS - Retrial - Circumstances under which retrial will be ordered - By an appellate court. AYISA V. AKANJI (1995) 7 KLR 1622; (1995) 7 NWLR (PT. 406) 129

 

APPEALS - Reversal - Error of lower court - That fall under matters the Supreme Court can determine - Will not ground reversal of judgment. ADEYERI V. ATANDA (1995) 5 KLR 1174; (1995) 5 NWLR (PT. 397) 512

 

APPEALS - Review - Statutory duty of appellate court - To review case and holding based on findings of fact and law - Whether justified. ONOGWU V. THE STATE (1995) 6 KLR 1260; (1995) 6 NWLR (PT. 401) 276

 

APPEALS - Sentence - Murder - Overwhelming evidence against ac­cused - Whether the mandatory sentence of the lower courts - Will be disturbed. EFFIOM V THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

APPEALS - Setting aside judgment - Proper procedure - Is by cross appeal and not respondent’s notice. EZE V. OBIEFUNA (1995) 7 KLR 1392; (1995) 6 NWLR (PT. 404) 639

 

APPEALS - Single issue - That is not related to any ground of appeal - Is to be struck out - Leading also to striking out of the appeal. OMAGBEMI V. GUINNESS LTD. (1995) 2 KLR 451; (1995) 2 NWLR (PT. 377) 258

 

APPEALS - Views - Of the facts expressed by trial judge - Not shown to be perverse - Whether Court of Appeal was right in substituting its own views. OLATUNJI V. ADISA (1995) 2 KLR 321; (1995) 2 NWLR (PT. 376) 167

 

ARBITRATION - Customary Law - Decision of arbitrators - Voluntar­ily chosen by Parties - Is final and binds them. ANYABUNSI V. UGWUNZE (1995) 7 KLR 1372; (1995) 6 NWLR (PT. 401) 255

 

BAILMENT - Cause of action - Whether a claim in bailment can avail - Even where there is no contract between the parties. BROADLINE LTD. V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

BAILMENT - Liability in negligence - For failure to deliver goods entrusted to the bailee - May arise - Whether goods are entrusted gratu­itously or for reward - Save bailee can prove lack of negligence on his part. BROADLINE LTD. V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

BAILMENT - Negligence - Prima facie proof thereof - Is necessary for success in bailment claim - But it is not mandatory to specifically plead negligence. BROADLINE LTD. V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

BAILMENT - Pleadings - Whether from the pleadings and evidence - Appellant made no claim on bailment. BROADLINE LTD. V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

BANKING - Fraud - Discovered in respect of certain accounts - Whether there is direct and positive evidence - To make the respondent entitled to the amount in issue. KOSSEN LTD V. SAVANNAH BANK LTD (1995) 12 KLR 2099; (1995) 9 NWLR (PT. 420) 439

 

BANKING - Fraud - Whether there is sufficient evidence - To establish fraudulent payment of money. KOSSEN LTD V. SAVANNAH BANK LTD (1995) 12 KLR 2099; (1995) 9 NWLR (PT. 420) 439

 

BANKING - Guaranteeing bank loan - Where guarantor did not termi­nate the guarantee properly - Mere payment of a higher amount into that account - Cannot discharge the guarantor. UBN LTD V. NWAOKOLO (1995) 4 KLR 919; (1995) 6 NWLR (PT. 400) 127

 

BILL OF LADING - Locus to prosecute action - Based on a bill of lading - Whether proper endorsement exist - To grant locus to the appel­lant. BROADLINE LTD V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

BUSINESS NAMES - Ownership of a registered business - In the par­ties’ names - Whether appellant established sole ownership. NWANKWO V. NWANKWO (1995) 5 KLR 1136; (1995) 5 NWLR (PT. 394) 153

 

CHIEFTAINCY MATTERS - Onus on the plaintiff - To prove that claimant was validly nominated and appointed - Is discharged vide re­spondents’ evidence. ADEYERI V. ATANDA (1995) 5 KLR 1174; (1995) 5 NWLR (PT. 397) 512

 

CHIEFTAINCY MATTERS - Declaration of chieftaincy - Exhibits found unworthy and therefore not given serious consideration - And other findings of trial court - Whether illegal or irregular. ORO V. FALADE (1995) 5 KLR 1201; (1995) 5 NWLR (PT. 396) 385

 

CHIEFTAINCY MATTERS - Jurisdiction - Where court lacks jurisdic­tion - Its order of injunction is a nullity. GOV. OF OYO STATE V. FOLAYAN (1995) 9 KLR 1643; (1995) 8 NWLR (PT. 413) 292

 

CHIEFTAINCY MATTERS - Jurisdiction - Where the 1963 constitu­tion is applicable - Courts lack jurisdiction to adjudicate on report of chieftaincy commission of inquiry. GOV. OF OYO STATE V. FOLAYAN (1995) 9 KLR 1643; (1995) 8 NWLR (PT. 413) 292

 

CHIEFTAINCY MATTERS - Wrongful appointments - Where 3rd ap­pellant is not from the ruling line - Whether his chieftaincy appointment is void. SONEKAN V. MIL. GOV. OGUN STATE (1995) I KLR 193

 

CLAIMS - Abandonment - Reliance on an aspect of claim - Whether tantamount to abandoning the entire claim. BROADLINE LTD V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

CLAIMS - Dismissal - Discrediting of plaintiff’s evidence - By the defendant’s evidence - The claim will be dismissed. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

CLAIMS - Error in law - By granting what was not claimed to the defendant - Held not capable of redeeming plaintiff’s case that failed woefully. OGOYI V. UMAGBA (1995) 10 KLR 1982; (1995) 9 NWLR (PT. 419) 283

 

CLAIMS - Proof - Appellant’s failure to prove his counter claim - When plaintiff’s claim is held to have succeeded. USMAN V. KAREEM (1995) 2 KLR 485; (1995) 2 NWLR (PT. 379) 537

 

CLAIMS - Relief not claimed - Or that has been abandoned as a claim -Whether to be awarded by the court. UNION BANK LTD. V. OGBOH (1995) 2 KLR 461; (1995) 2 NWLR (PT. 380) 647

 

CLAIMS - Vexatious counterclaim - Master and servant - When the master’s counterclaim is deemed vexatious and oppressive. UNDER­WATER ENG. CO. LTD. V. DUBEFON (1995) 6 KLR 1295; (1995) 6 NWLR (PT. 400) 156

 

COMPANY LAW - Companies (Winding Up) Rules 1983 - Allows for ex parte applications - In appropriate cases. PROV. LIQ. OF TAPP IND. LTD. V. ONYEKWELU (1995) 5 KLR 1096; (1995) 5 NWLR (PT. 393) 9

 

COMPANY LAW - Directors - Rejection of appellant’s case - That its director that signed a mortgage was mentally unsound - Whether Su­preme Court will interfere with the concurrent findings. OBANOR V. CO-OPERATIVE BANK (1995) 4 KLR 765; (1995) 4 NWLR (PT. 388) 128

 

COMPANY LAW - Equity - Where a company takes benefit from a loan paid into its account - It cannot deny liability in equity. OBANOR V. CO-OPERATIVE BANK (1995) 4 KLR 765; (1995) 4 NWLR (PT. 388) 128

 

COMPANY LAW - Liability for loan advanced to a company - Assum­ing the signatory to the mortgage had been removed as a director - But the loan paid into the company’s account was used for its business - Whether the Company is liable. J. A. OBANOR & CO. LTD V. CO-OPERA­TIVE BANK (1995) 4 KLR 765; (1995) 4 NWLR (PT. 388) 128

 

COMPANY LAW - Loss of goodwill and reputation - Whether a corpo­rate body - Is entitled to be compensated. ODUNTAN V. GENERAL OIL LTD. (1995) 4 KLR 796; (1995) 4 NWLR (PT. 387) 1

 

COMPANY LAW - Minority share holders petition - Rule in Foss v. Harbottle - Where applicable - Consequences thereof. GOMBE V. P.W. (NIG) LTD (1995) 7 KLR 1321; (1995) 6 NWLR (PT. 402) 402

 

COMPANY LAW - Petition - Pursuant to S. 201 Companies Act - Need to prove oppressive operation of the Company - When petitioner is held to have shown oppression. WILLIAMS V. WILLIAMS (1995) 2 KLR 342; (1995) 2 NWLR (PT. 375) 1

 

COMPANY LAW - Provisional liquidator - Purpose of appointing him - Whether there is a limitation of his powers - Vide the court’s order that appointed him. PROV. LIQ. OF TAPP IND. LTD. V. ONYEKWELU (1995) 5 KLR 1096; (1995) 5 NWLR (PT. 393) 9

 

COMPANY LAW - Relief - Under S.201 Companies Act - Facts relied upon should justify winding up - For petitioner to be entitled to the relief. WILLIAMS V. WILLIAMS (1995) 2 KLR 342; (1995) 2 NWLR (PT. 375) 1

 

COMPANY LAW - S. 201 Companies Act - Prayers sought thereunder - Whether to be granted - Where petitioner failed to aver - That winding up will unfairly prejudice the oppressed members. WILLIAMS V. WILLIAMS (1995) 2 KLR 342; (1995) 2 NWLR (PT. 375) 1

 

COMPANY LAW - Sale of Company’s property - By the managing director - Whether valid - Under the circumstances of this case. SPASCO LTD V. ALRAINE LTD (1995) 9 KLR 1912; (1995) 8 NWLR (PT. 416) 655

 

COMPANY LAW - Winding up petition - Petitioner to prove existence of the Company’s assets - But a petition based on failure to supply account and information to the petitioner - Does not require plea of the Company’s solvency. WILLIAMS V. WILLIAMS (1995) 2 KLR 342; (1995) 2 NWLR (PT. 375) 1

 

CONFLICT OF LAWS - Cause of action - When did it arise - Unto determination of applicable law. ALESE V. ALADETUYI (1995) 7 KLR 1357; (1995) 6 NWLR (PT. 403) 527

 

CONSTITUTIONAL LAW - Choice of counsel for the accused - Granted under S.33 (6)(c) of the Constitution - Whether denied to the appellant. NKPUMA V. THE STATE (1995) 12 KLR 2117; (1995) 9 NWLR (PT. 421) 505

 

CONSTITUTIONAL LAW - Fair hearing - Criminal procedure - Whether murder trial for a period of 2 years & 8 months - Amounted to unfair hearing - In view of the nature of the case. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

CONSTITUTIONAL LAW - Fair hearing - Ex parte motion filed by company’s provisional Liquidator - Whether respondents’ constitutional rights were breached. PROV. LIQ. OF TAPP IND. LTD. V. ONYEKWELU (1995) 5 KLR 1096; (1995) 5 NWLR (PT. 393) 9

 

CONSTITUTIONAL LAW - Fair hearing - Ex parte motion for interim injunction - Refusal to hear the appellants - Whether a violation of s. 33(1) of the Constitution. SEVEN-UP LTD V. ABIOLA & SONS LTD (1995) 3 KLR 647; (1995) 3 NWLR (PT. 383) 257

 

CONSTITUTIONAL LAW - Fair hearing - Failure to allow defendant or his counsel to address the court - Whether a violation of hearing -To warrant declaring the trial a nullity. A VISA V. AKANJI (1995) 7 KLR 1622; (1995) 7 NWLR (PT. 406) 129

 

CONSTITUTIONAL LAW - Fair hearing within reasonable time - S. 33(4) of the Constitution - Established principle thereon - Will not be overruled or departed from. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

CONSTITUTIONAL LAW - Judgment - Overriding constitutional provision that it shall be delivered in public - Must be adhered to. NIGE­RIA ARAB BANK V. BARRI LTD (1995) 9 KLR 1725; (1995) 8 NWLR (PT. 413) 257

 

CONSTITUTIONAL LAW - Judgment - Three months limitation for the delivery of judgment - Whether breached. UDE V. NWANGWU (1995) 9 KLR 1871; (1995) 8 NWLR (PT. 416) 644

 

CONTEMPT OF COURT - Exercise of discretion - A party in contempt - Is not entitled to a favourable exercise of courts discretion. LAWAL-OSULA V. LAWAL-OSULA (1995) 3 KLR 601

 

CONTEMPT OF COURT - Hearing - Discretion of court not to hear application of a contemnor - Whether exercised properly. MOBIL OIL LTD V. ASSAN (1995) 9 KLR 1686; (1995) 8 NWLR (PT. 412) 129

 

CONTEMPT OF COURT - Injunction - Suspends and abrogates a party’s contractual rights - Albeit temporarily. MOBIL OIL LTD V. ASS AN (1995) 9 KLR 1686; (1995) 8 NWLR (PT. 412) 129

 

CONTEMPT OF COURT - Order of court - Failure to comply there­with - Is contempt of court - And such order diminished appellants’ contractual rights. MOBIL OIL LTD V. ASSAN (1995) 9 KLR 1686; (1995) 8 NWLR (PT. 412) 129

 

CONTEMPT OF COURT - Violation - Of subsisting Court of Appeal judgment - Applicants are in contempt thereby. LAWAL-OSULA V. LAWAL-OSULA (1995) 3 KLR 601

 

CONTRACTS - Acceptance - Whether the points raised in a document - Qualify as acceptance - To give rise to a binding agreement. LAWAL V. UNION BANK PLC (1995) 2 KLR 502; (1995) 2 NWLR (PT. 378) 407

 

CONTRACTS - Consideration for sale of goods - Whether inadequate -To amount to strong evidence of fraud. SPASCO LTD V. ALRAINE LTD (1995) 9 KLR 1912; (1995) 8 NWLR (PT. 416) 655

 

CONTRACTS - Employment contract - Where no offer was made to appellant vide exh. “B” - Whether any contractual relationship existed between the parties. AGOMA V. GUINNESS LTD. (1995) 2 KLR 404; (1995) 2 NWLR (PT. 380) 672

 

CONTRACTS - Interest - On the amount due under the parties’ contract - Whether to antedate the date of judgment - When there was no agree­ment between the parties on payment of interest. JALLCO LTD V. OWONIBOYS TECH. SERVICES LTD (1995) 4 KLR 959; (1995) 4 NWLR (PT. 391) 534

 

CONTRACTS - Irregularity and illegality - Alleged in respect of sale of goods - Where not pleaded - Evidence thereon goes to no issue. SPASCO LTD V. ALRAINE LTD (1995) 9 KLR 1912; (1995) 8 NWLR (PT. 416) 655

 

CONTRACTS - Rights - Order of Court - Whether contractual rights are diminished thereby. MOBIL OIL LTD V. ASS AN (1995) 9 KLR 1686; (1995) 8 NWLR (PT. 412) 129

 

CONTRACTS - Specific performance - Act of part performance must be unequivocal - And in conformity with the parties’ agreement - For specific performance to be granted. NLEWEDIM V. UDUMA (1995) 6 KLR 1304; (1995) 6 NWLR (PT. 402) 383

 

CONTRACTS - Specific performance of a lease - Failure to fulfil fun­damental part of the agreement - Specific performance will not be granted. NLEWEDIM V. UDUMA (1995) 6 KLR 1304; (1995) 6 NWLR (PT. 402) 383

 

CONTRACTS - Time - Whether of the essence - In the parties contract for lease of land. NLEWEDIM V. UDUMA (1995) 6 KLR 1304; (1995) 6 NWLR (PT. 402) 383

 

CORROBORATION - Confessional statements - Of the appellants -Whether there is ample corroboration thereto. IKPO V. THE STATE (1995) 12 KLR 215; (1995) 9 NWLR (PT. 421) 540

 

CORROBORATION - Conviction for murder - Whether corroboration is needed on the evidence of PW3 - Before appellant can be convicted. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

CORROBORATION - Sworn evidence of a child - Whether to be cor­roborated as a matter of law. ONYEGBU V. THE STATE (1995) 4 KLR 978; (1995) 4 NWLR (PT. 391) 510

 

COSTS - Purpose - Not meant to be a bonus to the successful party -Whether cost should be awarded based on sentiments. UBN LTD. V. NWAOKOLO (1995) 4 KLR 919; (1995) 6 NWLR (PT. 400) 127

 

COURTS - Discretion - Amendment of pleadings - Court’s exercise of discretion - Guiding principles. NABSONS LTD. V. MOBIL OIL LTD. (1995) 7 KLR 1470; (1995) 7 NWLR (PT. 407) 254

 

COURTS - Discretion - Of Court of Appeal in granting extension of time to appeal - Whether properly exercised. IYALABANI CO. LTD V. BANK OF BARODA (1995) 4 KLR 840; (1995) 4 NWLR (PT. 387) 20

 

COURTS - Discretion - Of lower court to grant or refuse extension of time - When appellate court will interfere. NAA V. OKORO (1995) 7 KLR 1341; (1995) 6 NWLR (PT. 403) 510

 

COURTS - Discretion - Of trial court in refusing application for stay of execution - Held wrongly exercised. FUNDUK ENGINEERING LTD V. MCARTHUR (1995) 4 KLR 944; (1995) 4 NWLR (PT. 392) 640.

 

COURTS - Error - Exhibits that do not support the appellant’s claim -Trial court erred in relying on them. EHIMUA V. NATIONAL OIL LTD (1995) 5 KLR 1230; (1995) 5 NWLR (PT. 398) 642

 

COURTS - Error in Law - By granting what was not claimed at trial to the defendant - Is not capable of redeeming appellant’s case that failed woefully. OGOYI V. UMAGBA (1995) 10 KLR 1982; (1995) 9 NWLR (PT. 419) 283

 

COURTS - Error of trial court - When held not to affect its final deci­sion. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

COURTS - Evidence - Consideration of totality of the evidence - Duty of the judge to determine weight of evidence - Minimum evidence is enough - Where there is no evidence on the other side.

 

COURTS - Findings of trial court - Whether unjustified or wrongly applied. EJIONWU V. THE STATE (1995) 4 KLR 829; (1995) 3 NWLR (PT. 386) 640

 

COURTS - Hearing - Discretion of court not to hear application of a contemnor - Whether exercised properly. MOBIL OIL LTD V. ASSAN (1995) 9 KLR 1686; (1995) 8 NWLR (PT. 412) 129

 

COURTS - Impartiality - Trial judge cannot play role of the prosecution and a judge - Rolled into one at the same time. DAMINA V. THE STATE (1995)9 KLR 1880; (1995) 8 NWLR (PT. 415) 513

 

COURTS - Issues - Appeal - Duty of Court - To confine itself to the issues - Raised in the grounds of appeal before it. OJIAKO V. EWURU (1995) 12 KLR 2197; (1995) 9 NWLR (PT. 420) 460

 

COURTS - Issues - Court is to consider all issues before it - And con­fine itself to the issues raised by the parties. ORO V. FALADE (1995) 5 KLR 1201; (1995) 5 NWLR (PT. 396) 385

 

COURTS - Jurisdiction - Issue that was properly joined by the parties -Whether the High Court had jurisdiction to adjudicate thereon. ADEDAYO V. BABALOLA (1995) 7 KLR 1508; (1995) 7 NWLR (PT. 408) 383

 

COURTS - Language of the court - Whether trial judge is permitted to usurp role of interpreter - By rewriting or interpreting an exhibit. DAMINA V. THE STATE (1995) 9 KLR 1880; (1995) 8 NWLR (PT. 415) 513

 

COURTS - Miscarriage of justice - Court of Appeal’s failure to advert to the issue of injunction - Whether appellants suffered any miscarriage of justice. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

COURTS - Murder - No lawyer appeared for accused - Whether court is bound - To make a provision for a defence counsel. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

COURTS - Native courts - Form of action in native courts - Must not be stressed on form. OYAH V. IKALILE (1995) 7 KLR 1440; (1995) 7 NWLR (PT. 406) 150

 

COURTS - Omission or clerical mistakes - Made by a particular judge -Where that judge has left the High Court - Any other judge can rectify the omission. BERLIET LTD V. KACHALLA (1995) 12 KLR 2074; (1995) 9 NWLR (PT. 420) 478

 

COURTS - Power - Where the lower courts found there was an omis­sion - As to 10% interest on judgment debt - Whether they had power to correct that omission. BERLIET LTD V. KACHALLA (1995) 12 KLR 2074; (1995) 9 NWLR (PT. 420) 478

 

COURTS - Suo motu issue - Raised by the Court of Appeal - In respect of the validity and signatories to a deed of conveyance - Whether proper. OLATUNJI V. ADISA (1995) 2 KLR 321; (1995) 2 NWLR (PT. 376) 167

 

COURTS - Supply of evidence - By the trial judge suo motu - Whether a violation of appellant’s right to fair hearing. DAMINA V. THE STATE (1995) 9 KLR 1880; (1995) 8 NWLR (PT. 415) 513

 

COURTS - Witnesses - Assessment of credibility of witnesses - Is a privilege of the trial court. ADELE V. THE STATE (1995) 2 KLR 426; (1995) 2 NWLR (PT. 377) 269

 

CRIMINAL LAW - Accomplices - Failure of a prosecution witness -To report a Criminal to the police - Whether the witness is made an accomplice or tainted witness thereby. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

CRIMINAL LAW - Common intention - Culpable homicide - When 1st appellant is not guilty - 2nd appellant cannot be found guilty pursuant to s. 79 of the Penal Code. KWAGHSHIR V. THE STATE (1995) 4 KLR 777; (1995) 3 NWLR (PT. 386) 651

 

CRIMINAL LAW - Criminal breach of trust - Whether the offence is disclosed - Vide adduced evidence. ONOGWU V. THE STATE (1995) 6 KLR 1260; (1995) 6 NWLR (PT. 401) 276

 

CRIMINAL LAW - Culpable homicide - Right of private defence s. 65 of Penal Code - Where appellant was cut five times before he stabbed deceased - The defence of private defence avails. KWAGHSHIR V. THE STATE (1995) 4 KLR 777; (1995) 3 NWLR (PT. 386) 651

 

CRIMINAL LAW - Defence of property - In a Murder charge - Whether available to the appellant. IZIREN V. THE STATE (1995) 12 KLR 2191; (1995) 9 NWLR (PT. 420) 385

 

CRIMINAL LAW - Insanity - murder - Hiding in the bush after the murder - Is not synonymous with insanity. EKWE V. THE STATE (1995)5 KLR 1129; (1995) 5 NWLR (PT. 393) 1

 

CRIMINAL LAW - Insanity - Murder - Whether the two lower courts were right - In finding that appellant was in full control of his mental faculties. EKWE V. THE STATE (1995) 5 KLR 1129; (1995) 5 NWLR (PT. 393) 1

 

CRIMINAL LAW - Participes criminis - No allegation that prosecution witnesses participated in the crime charged - Whether the witnesses are participes criminis. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

CRIMINAL LAW - Provocation - Disproportionality of the wound in­flicted on deceased - Held to destroy the defence of provocation. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

CRIMINAL LAW - Provocation - Murder - When the defence of provo­cation is held not available to appellant. AMAKO V. THE STATE (1995) 6 KLR 1241; (1995) 6 NWLR (PT. 399) 11

 

CRIMINAL LAW - Provocation - When held not to avail - From the established evidence. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

CRIMINAL LAW - Provocation - Where Appellant did not cross-examine on a crucial issue - Whether defence of provocation avails. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

CRIMINAL LAW - Self defence - Failure to show reasonable appre­hension of death or grievous harm - Whether the defence will avail the accused. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

CRIMINAL LAW - Self defence - Murder - Where appellant’s defence is rejected by the trial court - Whether self defence can be predicated on any basis. IZIREN V. THE STATE (1995) 12 KLR 2191; (1995) 9 NWLR (PT. 420) 385

 

CRIMINAL LAW - Self defence - Murder - Whether the defence avails the appellant. AMAKO V. THE STATE (1995) 6 KLR 1241; (1995) 6 NWLR (PT. 399) 11

 

CRIMINAL LAW - Stealing - Concurrent conviction of the appellants - For stealing - Whether proper. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

CRIMINAL PROCEDURE - Accomplices - Allegation that prosecution witnesses are accomplices, tainted or begrudged - Whether well founded. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

CRIMINAL PROCEDURE - Alibi - Failure to believe appellant’s alibi - Whether appellant was wrongfully convicted thereby. ADELE V. THE STATE (1995) 2 KLR 426; (1995) 2 NWLR (PT. 377) 269

 

CRIMINAL PROCEDURE - Alibi - Failure to investigate alibi - Whether fatal to prosecution’s case - Where evidence that negative the defence was adduced. ONYEGBU V. THE STATE (1995) 4 KLR 978; (1995) 4 NWLR (PT. 391) 510

 

CRIMINAL PROCEDURE - Alibi - Raised by the 2nd appellant - In a charge of culpable homicide - When found to be false. KWAGHSHIR V. THE STATE (1995) 4 KLR 777; (1995) 3 NWLR (PT. 386) 651

 

CRIMINAL PROCEDURE - Alibi - Suspect to adduce detailed evi­dence of where he was -Whether appellant gave detailed information to Police - To warrant investigation of the alibi he raised. ONYEGBU V. THE STATE (1995) 4 KLR 978; (1995) 4 NWLR (PT. 391) 510

 

CRIMINAL PROCEDURE - Arraignment for trial - Whether appellant was properly arraigned - After amendment of the charge. AMAKO V. THE STATE (1995) 6 KLR 1241; (1995) 6 NWLR (PT. 399) 11

 

CRIMINAL PROCEDURE - Charge - Amendment thereto - Need to comply with s. 164 of the CPA. AMAKO V. THE STATE (1995) 6 KLR 1241; (1995) 6 NWLR (PT. 399) 11

 

CRIMINAL PROCEDURE - Child witness - Competence to testify in criminal proceedings - Whether the age of PW1 imported an incapacity - To understand the nature of an oath. ONYEGBU V. THE STATE (1995) 4 KLR 978; (1995) 4 NWLR (PT. 391) 510

 

CRIMINAL PROCEDURE - Choice of counsel for the accused - Granted under s. 33(6) (c) of the Constitution - Whether denied. NKPUMA V. THE STATE (1995) 12 KLR 2117; (1995) 9 NWLR (PT. 421) 505

 

CRIMINAL PROCEDURE - Circumstantial evidence - Whether ample enough - To justify the finding that forfeited property - Were acquired with proceeds from sale of stolen property. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

CRIMINAL PROCEDURE - Conceding to appellant’s guilt - By counsel assigned to him - When found to be based on legal and factual sub­missions. OKON V. THE STATE (1995) 1 KLR 241; (1995) 1 NWLR (PT. 372) 382

 

CRIMINAL PROCEDURE - Confessional statements - As to the mur­der of the deceased - Precautions the court would take - Before acting thereon. IKPO V. THE STATE (1995) 12 KLR 2152; (1995) 9 NWLR (PT. 421) 540

 

CRIMINAL PROCEDURE - Confessional statements - Whether there is ample corroboration - Of the appellants’ confessional statements. IKPO V. THE STATE (1995) 12 KLR 2152; (1995) 9 NWLR (PT. 421) 540

 

CRIMINAL PROCEDURE - Contradictions - Alleged in evidence of prosecution witnesses - Must be substantial - In order to be fatal. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

CRIMINAL PROCEDURE - Conviction - Discredited evidence of a witness - Disbelieved unto discharging one of the accused - Whether conviction of a co-accused can be based on that evidence. ADELE V. THE STATE (1995) 2 KLR 426; (1995) 2 NWLR (PT. 377) 269

 

CRIMINAL PROCEDURE - Conviction - Murder - Whether appellant was rightly convicted - By the two lower courts. OKON V. THE STATE (1995) 1 KLR 241; (1995) 1 NWLR (PT. 372) 382

 

CRIMINAL PROCEDURE - Conviction - Evidence of prosecution witnesses - Whether sufficient to sustain conviction. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

CRIMINAL PROCEDURE - Corroboration - Sworn evidence of a child - Whether to be corroborated as a matter of law. ONYEGBU V. THE STATE (1995) 4 KLR 978; (1995) 4 NWLR (PT. 391) 510

 

CRIMINAL PROCEDURE - Corroboration - Whether needed on the evidence of PW3 - Before Appellant can be convicted for murder. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

CRIMINAL PROCEDURE - Culpable homicide - Plea of private de­fence by appellant - Need to compare the evidence on both sides. KWAGHSHIR V. THE STATE (1995) 4 KLR 777; (1995) 3 NWLR (PT. 386) 651

 

CRIMINAL PROCEDURE - Culpable homicide - Valid defences that exonerated appellants - Wrongful verdict of guilty by the lower courts -The Supreme Court will interfere. KWAGHSHIR V. THE STATE (1995) 4 KLR 777; (1995) 3 NWLR (PT. 386) 651

 

CRIMINAL PROCEDURE - Delay in trial of the accused for murder -Each case to be considered on its own merit - Regarding available facil­ity for prosecution and investigation - When delay is held to be neither inordinate nor unreasonable. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

CRIMINAL PROCEDURE - Fair hearing - Murder trial for a period of 2 years and 8 months - Whether tantamount to unfair hearing - In view of nature of the case. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

CRIMINAL PROCEDURE - Forfeiture Order - Onus is on prosecution to prove that acquisition is from the proceeds of theft - Whether this onus which is on a balance of probabilities - Is established in this case. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

CRIMINAL PROCEDURE - Forfeiture Order - Property acquired with proceeds of stolen goods - Whether the forfeiture order is lawful. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

CRIMINAL PROCEDURE - Identity of deceased - In a culpable homi­cide charge - Absence of evidence to indicate that two names in issue refer to deceased - legal implications. DAMINA V. THE STATE (1995) 9 KLR 1880; (1995) 8 NWLR (PT. 415) 513

 

CRIMINAL PROCEDURE - Murder - assignment of Counsel to the accused - From the Legal Aid Council - Whether properly done. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

CRIMINAL PROCEDURE - Murder - Duty of an accused person to arrange for his defence - Where no lawyer appeared for him - Whether court is to make provision for a defence counsel - In discharge of its statutory duty. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

CRIMINAL PROCEDURE - Murder - Where facts of the case are largely not in dispute - Trial Court’s failure to believe the appellant upheld. EJIONWU V. THE STATE (1995) 4 KLR 829; (1995) 3 NWLR (PT. 386) 640

 

CRIMINAL PROCEDURE - Murder - Whether conviction of Appel­lant - Affirmed by the Court of Appeal - Was justified in the circum­stances. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

CRIMINAL PROCEDURE - No case submission - Appeal - Issues that Border on weight and credibility of evidence - Whether proper issues for determination. AJIBOYE V. THE STATE (1995) 9 KLR 1823; (1995) 8 NWLR (PT. 414) 408

 

CRIMINAL PROCEDURE - No case submission - Made by the appel­lants - Whether prima facie case has been made out. AJIBOYE V. THE STATE (1995) 9 KLR 1823; (1995) 8 NWLR (PT. 414) 408

 

CRIMINAL PROCEDURE - No case submission - Pronouncing on the guilt of a party - Is not proper at this stage. AJIBOYE V. THE STATE (1995) 9 KLR 1823; (1995) 8 NWLR (PT. 414) 408

 

CRIMINAL PROCEDURE - Plea - No miscarriage of justice flowing from the manner plea was taken - Whether the charge is imperfect - To warrant interference by appellate court. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

CRIMINAL PROCEDURE - Plea - Of not guilty - Whether taken in compliance with s.215 C.P.L., and S.33(6)(a) of the Constitution. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

CRIMINAL PROCEDURE - Power conferred on tribunals - Whether exceeded in the present case. AGWUNA V. A-G FEDERATION (1995) 5 KLR 1154; (1995) 5 NWLR (PT. 396) 418

 

CRIMINAL PROCEDURE - Rejection of exhibit - Where tantamount to absence of material on which to find confession to culpable homicide - Trial judge’s interpretation of the exhibit - Whether a breach of natural justice - And right to fair hearing. DAMINA V. THE STATE (1995) 9 KLR 1880; (1995) 8 NWLR (PT. 415) 513

 

CRIMINAL PROCEDURE - Retrial - Conviction for culpable homi­cide - Where ordering retrial will not serve the ends of justice better -Verdict of discharge and acquittal will be entered. DAMINA V. THE STATE (1995) 9 KLR 1880; (1995) 8 NWLR (PT. 415) 513

 

CRIMINAL PROCEDURE - Statement to the police - That is unsworn - Whether the trial court should refer to it. UKUT V. THE STATE (1995) 12 KLR 2215; (1995) 9 NWLR (PT. 420) 392

 

CRIMINAL PROCEDURE - Substitution of conviction - For criminal breach of trust - Other than theft charged - Propriety thereof - Whether breach of fair hearing. ONOGWU V. THE STATE (1995) 6 KLR 1260; (1995) 6 NWLR (PT. 401) 276

 

CRIMINAL PROCEDURE - Witnesses - Assessment of credibility of witnesses - Is a privilege of the trial court - Whether Court of Appeal can use the discredited evidence of a witness - In affirming appellant’s conviction. ADELE V. THE STATE (1995) 2 KLR 426; (1995) 2 NWLR (PT. 377) 269

 

CRIMINAL PROCEDURE - Witnesses - Failure to call a particular witness - Whether fatal to the prosecution’s case. IZIREN V. THE STATE (1995) 12 KLR 2191; (1995) 9 NWLR (PT. 420) 385

 

CRIMINAL PROCEDURE Medical evidence - Murder - Sufficient nexus between death of deceased and appellant’s act - Whether Medical evidence is essential. ONYEGBU V. THE STATE (1995) 4 KLR 978; (1995) 4 NWLR (PT. 391) 510

 

CROSS EXAMINATION - Failure - To cross examine plaintiff’s wit­nesses - Means no challenge to its evidence. BROADLINE LTD V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

CROSS EXAMINATION - Failure to cross examine - On a crucial issue - Whether defence of provocation avails. NWAMBE V. THE STATE (1995)3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

CULPABLE HOMICIDE - Identification of corpse - When its omission - Is held not to link appellant with death of the deceased. DAMINA V. THE STATE (1995) 9 KLR 1880; (1995) 8 NWLR (PT. 415) 513

 

CULPABLE HOMICIDE - Private defence right - Where appellant was cut five times before he stabbed the deceased - The defence of private defence avails. KWAGHSHIR V. THE STATE (1995) 4 KLR 777; (1995) 3 NWLR (PT. 386) 651

 

CULPABLE HOMICIDE - Verdict of guilt - Of lower courts - Based on wrongful evaluation of evidence - Supreme Court will interfere. KWAGHSHIR V. THE STATE (1995) 4 KLR 777; (1995) 3 NWLR (PT. 386) 651

 

CUSTOMARY LAW - Applicable customary law - When finding thereto is faultless and supported by evidence - Appellate court will not interfere therewith. EZEANYA V. OKEKE (1995) 4 KLR 847; (1995) 4 NWLR (PT. 388) 142

 

CUSTOMARY LAW - Arbitration - Decision of arbitrators - Voluntar­ily chosen by parties - Is final and binds them. ANYABUNSI V. UGWUNZE (1995) 7 KLR 1372; (1995) 6 NWLR (PT. 401) 255

 

CUSTOMARY LAW - Evidence - Uncontroverted evidence - In respect of the applicable customary law - Whether the court is bound to accept it. SONEKAN V. MIL. GOV. OGUN STATE (1995)1 KLR 193

 

CUSTOMARY LAW - Evidence of custom - Where not controverted by the respondents - Whether trial court rightly accepted it. EZEANYA V. OKEKE (1995) 4 KLR 847; (1995) 4 NWLR (PT. 388) 142

 

CUSTOMARY LAW - Joinder of parties - And their capacity to sue -Improper application thereof - Whether fatal to customary court pro­ceedings. DADI V. GARBA (1995) 9 KLR 1755; (1995) 8 NWLR (PT. 411) 12

 

CUSTOMARY LAW - Laches and acquiescence - Raising an issue thereto - Will only be effective - Where applicable customary law recognizes same. DADI V. GARBA (1995) 9 KLR 1755; (1995) 8 NWLR (PT. 411) 12

 

CUSTOMARY LAW - Pleadings - Reliance on native law custom - In a claim for ownership of land - Whether properly pleaded. BAJODEN V. IROMWANIMU (1995) 9 KLR 1709; (1995) 7 NWLR (PT. 410) 655

 

CUSTOMARY LAW - Proof of custom by evidence - Burden of proof on the respondents - Whether discharged as to entitle them to the relief claimed. ADEYERI V. ATANDA (1995) 5 KLR 1174; (1995) 5 NWLR (PT. 397) 512

 

CUSTOMARY LAW - Repugnancy - Bini customary law of inheritance - Whether repugnant to natural justice. LAWAL-OSULA V. LAWAL-OSULA (1995) 10 KLR 1996

 

CUSTOMARY LAW - Statute bar - Bini custom - That vests the family house in the eldest son - Whether there is any limitation in the custom -So as to make plaintiff’s action statute barred. LAWAL -OSULA V. LAWAL-OSULA (1995) 10 KLR 1996

 

CUSTOMARY LAW - Vesting of family house - Capacity to make a will - In the former Bendel State –

Is subject to entrenched native law and custom - That the family house can only be vested in the eldest son. LAWAL-OSULA V. LAWAL-OSULA (1995) 10 KLR 1996

 

DAMAGES - Assessment - When appellate court can assess special or general damages - To avoid remitting case to trial court - For that sole purpose. Breadline Ltd v. Monterey Maritime Corp. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

DAMAGES - Detinue - Plaintiff normally entitled to his untraversed claim for damages - But in detinue - Only reasonable damages will be awarded - For the defendant’s retention of the chattels. ORDIA V. PIEDMONT LTD. (1995) 2 KLR 578; (1995) 2 NWLR (PT. 379) 516

 

DAMAGES - General damages - Where an outrageous award of twenty million naira is made - whether the Supreme Court would reduce the amount. UNION BANK LTD V. ODUSOTE BOOK STORES LTD (1995) 12 KLR 2031; (1995) 9 NWLR (PT. 421) 558

 

DAMAGES - Interlocutory injunction - Undertaking as to damages - Whether to be secured from the applicant in all cases. ODUNTAN V. GENERAL OIL LTD (1995) 4 KLR 796; (1995) 4 NWLR (PT. 387) 1

 

DAMAGES - Interlocutory injunction - Undertaking as to damages - Whether failure to secure undertaking - Is a ground for setting aside the injunction mandatorily. AFRO-CONTINENTAL LTD V. AYANTUYI (1995) 12 KLR 2127; (1995) 9 NWLR (PT. 420) 411

 

DAMAGES - Libel - Imputation of general damages - Once Libel is proved - Injury to reputation for damages is presumed. CRS NEWSPA­PERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

DAMAGES - Mitigation - Plaintiff to take steps towards mitigating his loss - As court would only award damages for a reasonable period. ORDIA V. PIEDMONT LTD. (1995) 2 KLR 578; (1995) 2 NWLR (PT. 379) 516

 

DAMAGES - Proof - Need to specifically prove special and general damages - Claimed by a party. NWOBOSI V. ACB LTD (1995) 7 KLR 1410; (1995) 6 NWLR (PT. 404) 658

 

DAMAGES - Trespass to land - Meritorious award of damages - Where set aside on technical ground - Whether respondent’s claim for damages for trespass is still meritorious. EZE V. OBIEFUNA (1995) 7 KLR 1392; (1995) 6 NWLR (PT. 404) 639

 

DEMURRER - Implication of raising demurrer - Defendant is deemed to have admitted all plaintiffs allegations of fact. WILLIAMS V. WIL­LIAMS (1995) 2 KLR 342; (1995) 2 NWLR (PT. 375) 1

 

DEMURRER - Jurisdiction - Where demurrer is properly raised - Whether court has inherent jurisdiction - To strike out the claim. WILLIAMS V. WILLIAMS (1995) 2 KLR 342; (1995) 2 NWLR (PT. 375) 1

 

DEMURRER - Raising a demurrer - Circumstances under which it will properly arise. WILLIAMS V. WILLIAMS (1995) 2 KLR 342; (1995) 2 NWLR (PT. 375) 1

 

DOCUMENTS - Clear and unambiguous agreement - Between the par­ties - Whether wrongfully interpreted by the two lower courts. UBN LTD. V. NWAOKOLO (1995) 4 KLR 919; (1995) 6 NWLR (PT. 400) 127

 

DOCUMENTS - Determination clause - Enshrined within a document -Where clear and unambiguous - Whether recourse can be had to extrane­ous matters. UBN LTD V. NWAOKOLO (1995) 4 KLR 919; (1995) 6 NWLR (PT. 400) 127

 

DOCUMENTS - Extracts from a banker’s book - Conditions under which they are admissible as exhibits. KOSSEN LTD V. SAVANNAH BANK (1995) 12 KLR 2099; (1995) 9 NWLR (PT. 420) 439

 

DOCUMENTS - Value - Where service is not established by credible evidence - Whether the document is of any value. NLEWEDIM V. UDUMA (1995) 6 KLR 1304; (1995) 6 NWLR (PT. 402) 383 EGBUNIKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

EQUITY - Company law - Where a company takes benefit from a loan paid into its account - It cannot deny liability in equity. J. A. OBANOR & CO. LTD V. CO-OPERATIVE BANK (1995) 4 KLR 765; (1995) 4 NWLR (PT. 388) 128

 

EQUITY - Discretionary nature - Of all equitable remedies - Whether courts can resort to equitable remedies suo motu. J. A. OBANOR & CO. LTD V. CO-OPERATIVE BANK (1995) 4 KLR 765; (1995) 4 NWLR (PT. 388) 128

 

EQUITY - Equitable interest - Failure to register a registrable instru­ment - Such instrument is admissible to prove equitable interest. OGUNJUMO V. ADEMOLU (1995) 4 KLR 813; (1995) 4 NWLR (PT. 389) 254

 

EQUITY - Laches - Trespass - Where natural disasters delayed plain­tiffs’ action - In resisting the trespass - Whether plea of laches, acquies­cence, and standing by avails. IROEGBU V. OKWORDU (1995) 4 KLR 877; (1995) 4 NWLR (PT. 389) 270

 

EQUITY - Laches and acquiescence defences - Land dispute - Whether the defences were available to respondent. PAUL V. OZOKPO (1995) 4 KLR 893

 

EQUITY - Land law - Sale - Where misdirected purchase price cannot be justified - For being too low - It will be inequitable to bind the seller. WAKAMA V. KALIO (1995) 10 KLR 2017; (1995) 9 NWLR (PT. 418) 131

 

EQUITY - Title - Registrable instrument that was not registered - Can­not be given in evidence - But equitable title can be based thereon. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

ESTOPPEL - Doctrine of estoppel - Principle of waiver - Held wrong­fully applied by the trial court. LAWAL V. UNION BANK PLC (1995) 2 KLR 502; (1995) 2 NWLR (PT. 378) 407

 

ESTOPPEL - Doctrine of Standing by - A party who stood by and allows another to fight his case - Is bound by the decision in the case. BALOGUN V. ADEJOBI (1995) 1 KLR 252; (1995) 2 NWLR (PT. 376) 131

 

ESTOPPEL - Issue - That has been settled by a court of competent juris­diction - Is binding upon the parties. ADEDAYO V. BABALOLA (1995) 7 KLR 1508; (1995) 7 NWLR (PT. 408) 383

 

ESTOPPEL - Issue estoppel - Absence of statement of defence in the past proceedings - Whether issue estoppel is established. IKOKU V. EKEUKWU (1995) 7 KLR 1606; (1995) 7 NWLR (PT. 410) 437

 

ESTOPPEL - Issue estoppel - An issue that has been founded upon in previous proceedings - Plaintiffs are estopped from relitigating that point under issue estoppel. OTAPO V. FALEYE (1995) 2 KLR 548; (1995) 3 NWLR (PT. 381) 1

 

ESTOPPEL - Issue Estoppel - Past and present proceedings - Finding in question must be directly in issue in both proceedings - For issue estop­pel to apply. IKOKU V. EKEUKWU (1995) 7 KLR 1606; (1995) 7 NWLR (PT. 410) 437

 

ESTOPPEL - Issue estoppel - Previously determined action - By a court of competent jurisdiction - Whether the issue can be canvassed again in another action. ADEDAYO V. BABALOLA (1995) 7 KLR 1508; (1995) 7 NWLR (PT. 408) 383

 

ESTOPPEL - Misleading act - Where nothing that will mislead appellant was done - And appellant failed to find out the true situation - Appellant cannot complain. LAWAL V. UNION BANK PLC (1995) 2 KLR 502; (1995) 2 NWLR (PT. 378) 407

 

ESTOPPEL - Per rem judicata - Plea thereof by the respondents - Whether established. ADIGUN V. GOV. OF OSUN STATE (1995) 3 KLR 671; (1995) 3 NWLR (PT. 385) 513

 

ESTOPPEL - Privies - Whether the parties are privies - In the present and the past proceedings. ADEDAYO V. BABALOLA (1995) 7 KLR 1508; (1995) 7 NWLR (PT. 408) 383

 

ESTOPPEL - Res Judicata - Plea of - Condition for the Operation of - Issues must be the same in the two suits. BALOGUN V. ADEJOBI (1995) 1 KLR 252; (1995) 2 NWLR (PT. 376) 131

 

ESTOPPEL - Res Judicata - Plea of - Essential ingredients must be established - For plea to succeed. BALOGUN V. ADEJOBI (1995) 1 KLR 252; (1995) 2 NWLR (PT. 376) 131

 

ESTOPPEL - Res Judicata - Where land in dispute is different from mat in previous proceedings - Plea of res judicata cannot succeed. IKOKU V. EKEUKWU (1995) 7 KLR 1606; (1995) 7 NWLR (PT. 410) 437

 

EVIDENCE - Abandonment of a head of claim - Whether tantamount to abandonment of any evidence - That is relevant to the determination of live issues in the suit. BROADLINE LTD. v. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

EVIDENCE - Abundance of evidence - Traditional history - Reliance thereon for claim of ownership of land - Whether there is abundant evidence. BAJODEN V IROMWANIMU (1995) 9 KLR 1709; (1995) 7 NWLR (PT. 410) 655

 

EVIDENCE - Acts of ownership - No evidence adduced - Burden on plaintiff not discharged - Whether the claim for declaration of title should be dismissed. PAUL V. OZOKPO (1995) 4 KLR 893

 

EVIDENCE - Admissibility - Exhibits rightly admitted - No need to speculate on propriety of their being admitted. ANYABUNS1 V. UGWUNZE (1995) 7 KLR 1372; (1995) 6 NWLR (PT. 401) 255

 

EVIDENCE - Admissibility - Unregistered instrument - Admission thereof in evidence - When proper. ANYABUNSI V. UGWUNZE (1995) 7 KLR 1372; (1995) 6 NWLR (PT. 401) 255

 

EVIDENCE - Admission - Requires no evidential proof - However, party that leads evidence on admitted averment - Must ensure it is in accordance with that averment. EGBUNIKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

EVIDENCE - Admission - What is admitted or not challenged - Whether further proof thereof is needed. ONOGWU V. THE STATE (1995) 6 KLR 1260; (1995) 6 NWLR (PT. 401) 276

 

EVIDENCE - Admission by defendant - That a particular party was her predecessor in title - The onus is on defendant to prove her contrary allegation. ODUNSl V. BAMGBALA (1995) 1 KLR 285; (1995) 1 NWLR (PT. 374) 641

 

EVIDENCE - Admissions - In statements not by way of testimony in court - Where no evidence was led to establish its invalidity or weight­lessness - Legal implication. SPASCO LTD V. ALRAINE LTD (1995) 9 KLR 1912; (1995) 8 NWLR (PT. 416) 655

 

EVIDENCE - Affidavit - Conflicts in affidavit evidence - Need to call oral evidence - To resolve irreconcilable conflicts. ADKINS SCIEN­TIFIC LTD. V. ALADETOYINBO (1995) 7 KLR 1459; (1995) 7 NWLR (PT. 409) 526

 

EVIDENCE - Affidavit - Error in procedure - For resolving conflicts in affidavit evidence - Consequence thereof. ADKINS SCIENTIFIC LTD V. ALADETOYINBO (1995) 7 KLR 1459; (1995) 7 NWLR (PT. 409) 526

 

EVIDENCE - Affidavit - Resolution of conflict therein - When resorting to oral evidence will be unnecessary. OKETIE V. OLUGHOR (1995) 5 KLR 1060; (1995) 4 NWLR (PT. 392) 655

 

EVIDENCE - Affidavit - Where strongly contested - It is unsafe to act thereon. ADKINS SCIENTIFIC LTD. V. ALADETOYINBO (1995) 7 KLR 1459; (1995) 7 NWLR (PT. 409) 526

 

EVIDENCE - Affidavit - Whether certain paragraphs thereof - Are ob­jection, legal argument, etc - To warrant their being struck out. JOSIEN HOLDINGS LTD. V. LORNAMEAD LTD. (1995) 1 KLR 156; (1995) 1 NWLR (PT. 371) 254

 

EVIDENCE - Averment - In the statement of claim - Where not admitted - Need to adduce evidence in its support. EGBUNIKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

EVIDENCE - Burden of proof - Defence of common employment - Raised by appellant Onus of proof is on the defence. NTC LTD V. AGUNANNE (1995) 5 KLR 997; (1995) 5 NWLR (PT. 397) 541

 

EVIDENCE - Burden of proof - General traverse - Contained in a state­ment of defence - Casts burden of proving denied allegation on the plaintiff. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

EVIDENCE - Burden of Proof - In civil cases - Not static - Is discharged by producing credible evidence. OBIJIAKU V. OFFIAH (1995) 7 KLR 1554; (1995) 7 NWLR (PT. 409) 510

 

EVIDENCE - Burden of proof - Possession - Burden of proving that person in possession is not owner - Rests on the person who affirms the contrary. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

EVIDENCE - Circumstantial evidence - Whether ample enough - To justify the finding that forfeited property - Were acquired with proceeds from sale of stolen goods. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

EVIDENCE - Competence of a child to testify under oath - In criminal proceedings - Whether the age of PW1 imported an incapacity - To understand the nature of an oath. ONYEGBU V. THE STATE (1995) 4 KLR 978; (1995) 4 NWLR (PT. 391) 510

 

EVIDENCE - Conflict - Evidence correctly evaluated - By trial court -Whether there is any conflict - To warrant interference. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

EVIDENCE - Consideration - Of totality of the evidence - Minimum evidence is enough - Where there is no evidence on the other side. EGBUNIKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

EVIDENCE - Contradiction - Alleged in evidence of prosecution wit­nesses - Must be substantial - In order to be fatal. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

EVIDENCE - Contradiction - In previous statement of a witness - Where the statement was not admitted for purposes of establishing the contra­diction - Whether appellants can rely on that statement - In alleging contradiction. KWAGHSHIR V. THE STATE (1995) 4 KLR 777; (1995) 3 NWLR (PT. 386) 651

 

EVIDENCE - Contradiction Alleged between unsworn statement to the police - And appellant’s evidence in court - Whether borne out from the facts. UKUT V. THE STATE (1995) 12 KLR 2215; (1995) 9 NWLR (PT. 420) 392

 

EVIDENCE - Criminal allegation in civil proceedings - Burden of prov­ing the crime - Must be discharged beyond reasonable doubt. OKETIE V. OLUGHOR (1995) 5 KLR 1060; (1995) 4 NWLR (PT. 392) 655

 

EVIDENCE - Cross examination - Failure to Cross-examine plaintiff’s witnesses - Means no challenge to its evidence. Breadline Ltd v. Monterey Maritime Corp. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

EVIDENCE - Custom - Appellants’ evidence of custom - Where not controverted by the respondents - Whether trial court rightly accepted it. EZEANYA V. OKEKE (1995) 4 KLR 847; (1995) 4 NWLR (PT. 388) 142

 

EVIDENCE - Direct and positive - Fraud - Discovered in respect of certain accounts - Whether there is direct and positive evidence - To make the respondent entitled to the amount in issue. KOSSEN LTD V. SAVANNAH BANK (1995) 12 KLR 2099; (1995) 9 NWLR (PT. 420) 439

 

EVIDENCE - Discredit - Appellant’s confession of stabbing the de­ceased once - Where supported by the medical report - Evidence of prosecution witnesses to the contrary held discredited. KWAGHSHIR V. THE STATE (1995) 4 KLR 777; (1995) 3 NWLR (PT. 386) 651

 

EVIDENCE - Discredit - Where plaintiffs evidence was completely discredited - By the defendant’s evidence - The claim will be dismissed. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

EVIDENCE - Document - Claimed to be sent to defendant who denied receiving it - Where no credible evidence of service is tendered - Whether the document is of any value. NLEWEDIM V. UDUMA (1995) 6 KLR 1304; (1995) 6 NWLR (PT. 402) 383

 

EVIDENCE - Documents - Admissibility - Documents sought to be ten­dered - Whether rightly rejected - For lack of proper foundation. ANATOGU V. IWEKA (1995) 9 KLR 1834; (1995) 8 NWLR (PT. 415) 547

 

EVIDENCE - Documents - Extracts from a banker’s book - Conditions under which they are admissible as exhibits. KOSSEN LTD V. SAVAN­NAH BANK LTD (1995) 12 KLR 2099; (1995) 9 NWLR (PT. 420) 439

 

EVIDENCE - Evaluation - Of evidence by the trial court - Held wrong­fully interfered with by Court of Appeal. OLATUNJI V. ADISA (1995) 2 KLR 321; (1995) 2 NWLR (PT. 376) 167

 

EVIDENCE - Evaluation of evidence - By trial court - Where not per­verse - Whether appellate court should interfere. ORO V. FALADE (1995) 5 KLR 1201; (1995) 5 NWLR (PT. 396) 385

 

EVIDENCE - Evaluation of evidence - Whether trial court properly evaluated evidence of witnesses - So as to make the evaluation faultless. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

EVIDENCE - Exhibit - Rejection thereof by the trial court - Held tanta­mount to absence of material on which to find confession of culpable homicide. DAMINA V. THE STATE (1995) 9 KLR 1880; (1995) 8 NWLR (PT. 415) 513

 

EVIDENCE - Exhibits - That do not support the appellant’s claim -Trial court erred in relying on them. EHIMUA V. NATIONAL OIL & CHEM. MKT. OIL CO. LTD (1995) 5 KLR 1230; (1995) 5 NWLR (PT. 398) 642

 

EVIDENCE - Failure to give evidence - In support of a party’s material averment - The averment will be taken as abandoned. EGBUNIKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

EVIDENCE - Finding of trial court - That document was not received by appellant - Whether supported by evidence. LAWAL V. UNION BANK PLC (1995) 2 KLR 502; (1995) 2 NWLR (PT. 378) 407

 

EVIDENCE - Findings of fact - Whether supported by evidence before the trial court. ANERO V. EZE (1995) 1 KLR 144; (1995) 1 NWLR (PT. 370) 129

 

EVIDENCE - Hearsay - Direct oral evidence of prosecution witness - Is neither inadmissible nor hearsay. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

EVIDENCE - Hostile witness - Failure by defendant to treat its hostile witness as such - Evidence of such witness is an admission - Plaintiff can rely on as further reinforcement of his case. OLATUNJI V. ADISA (1995) 2 KLR 321; (1995) 2 NWLR (PT. 376) 167

 

EVIDENCE - Identity of deceased - In a culpable homicide charge - Absence of evidence to indicate that two names in issue refer to deceased - Legal implications. DAMINA V. THE STATE (1995) 9 KLR 1880; (1995) 8 NWLR (PT. 415) 513

 

EVIDENCE - Inconsistency - Whether there is any inconsistency in the evidence of the plaintiffs - In relation to their claim. IROEGBU V. OKWORDU (1995) 4 KLR 877; (1995) 4 NWLR (PT. 389) 270

 

EVIDENCE - Insanity - Confessional statement - As to how appellant murdered the deceased - Appellant did not behave like an insane person. EKWE V. THE STATE (1995) 5 KLR 1129; (1995) 5 NWLR (PT. 393) 1 OKETIE V. OLUGHOR (1995) 5 KLR 1060; (1995) 4 NWLR (PT. 392) 655

 

EVIDENCE - Key witnesses - Failure of the defence to call them - Whether fatal to their case. JALLCO LTD V. OWONIBOYS TECH. SERVICES LTD (1995) 4 KLR 959; (1995) 4 NWLR (PT. 391) 534

 

EVIDENCE - Libel - Specific testimony of each plaintiff - Whether plaintiffs can establish their case without each testifying. CRS NEWS­PAPERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

EVIDENCE - Meaning of evidence - Not limited to oral evidence alone - Where the case was mainly documentary - Whether oral evidence must be adduced - To establish or disprove a claim. LAWAL V. UNION BANK PLC (1995) 2 KLR 502; (1995) 2 NWLR (PT. 378) 407

 

EVIDENCE - Native law and custom - Collapse of the defence - When plaintiff’s oral evidence of custom remained uncontroverted. SONEKAN V. MIL. GOV. OGUN STATE (1995) 1 KLR 193

 

EVIDENCE - Newness of evidence - In an action for review of past proceedings - Issue of newness held not significant. ANATOGU V. IWEKA (1995) 9 KLR 1834; (1995) 8 NWLR (PT. 415) 547

 

EVIDENCE - Oath or affirmation - Where not administered on a witness before a court - Consequence thereof. ANATOGU V. IWEKA (1995) 9 KLR 1834; (1995) 8 NWLR (PT. 415) 547

 

EVIDENCE - Onus of proof - Is on the party who asserts. EGBUNKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

EVIDENCE - Pleadings - Averments therein - Where not proved by evidence - Of defendant who failed to testify - Whether the averments must be discountenanced. ODUNSI V. BAMGBALA (1995) 1 KLR 285; (1995) 1 NWLR (PT. 374) 641

 

EVIDENCE - Proof - Appellant’s failure to prove his counter claim - When plaintiff’s claim is held to have succeeded. USMAN V. KAREEM (1995) 2 KLR 485; (1995) 2 NWLR (PT. 379) 537

 

EVIDENCE - Proof - Averment in pleadings - Where no evidence is led in proof of the averment - Onus of proof on the respondents is not discharged. BROADLINE LTD V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

EVIDENCE - Proof - Where respondent proved his assertion - That several amounts due to him where not paid - The onus is on the appel­lants to prove the contrary. JALLCO LTD V. OWONIBOYS TECH. SERVICES LTD (1995) 4 KLR 959; (1995) 4 NWLR (PT. 391) 534

 

EVIDENCE - Proof - Whether an item in plaintiff’s claim was proved - When it failed to tender the relevant document. JALLCO LTD V. OWONIBOYS TECH. SERVICES LTD (1995) 4 KLR 959; (1995) 4 NWLR (PT. 391) 534

 

EVIDENCE - Proof- Customary law - Burden of proof on the respon­dents - Whether discharged as to entitle them to the relief claimed. ADEYERI V. ATANDA (1995) 5 KLR 1174; (1995) 5 NWLR (PT. 397) 512

 

EVIDENCE - Proof- Party not bound to produce all the evidence in the world - Where proof of a fact can be established otherwise. SPASCO LTD V. ALRAINE LTD (1995) 9 KLR 1912; (1995) 8 NWLR (PT. 416) 655

 

EVIDENCE - Proper consideration - Whether the two lower courts prop­erly considered the evidence placed before them. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

EVIDENCE - Proper foundation - Documents sought to be tendered -Whether rightly rejected - For lack of proper foundation. ANATOGU V. IWEKA (1995) 9 KLR 1834; (1995) 8 NWLR (PT. 415) 547

 

EVIDENCE - Public documents - Proof thereof in court - Is as provided under the Evidence Act. ANATOGU V. IWEKA (1995) 9 KLR 1834; (1995) 8 NWLR (PT. 415) 547

 

EVIDENCE - Resting defence on plaintiff’s case - Onus is discharged on a minimal proof thereby - Court is bound to act on the unchallenged plaintiff’s evidence. Breadline Ltd v. Monterey Maritime Corp. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

EVIDENCE - Revaluation of evidence - Held properly done by Court of Appeal - In setting aside trial court’s judgment. NWANKWO V. NWANKWO (1995) 5 KLR 115; (1995) 5 NWLR (PT. 394) 153

 

EVIDENCE - Section 34(3) of the Evidence Act - Is not applicable - To the straight facts of the present case - Need for legal submissions to have bases. IKPO V. THE STATE (1995) 12 KLR 2152; (1995) 9 NWLR (PT. 421) 540

 

EVIDENCE - Signing of Documents - S.90(4) Evidence Act - Whether document prepared by a witness - But not signed by that witness - Was properly admitted in evidence. ORDIA V. PIEDMONT LTD. (1995) 2 KLR 578; (1995) 2 NWLR (PT. 379) 516

 

EVIDENCE - Standard of proof in civil cases - Uncontested land case -Whether plaintiffs established their case by minimum proof. OGUNJUMO V. ADEMOLU (1995) 4 KLR 813; (1995) 4 NWLR (PT. 389) 254

 

EVIDENCE - Sufficiency - Fraud - Whether there is sufficient evidence - To establish fraudulent payment of money. KOSSEN LTD V. SA­VANNAH BANK (1995) 12 KLR 2099; (1995) 9 NWLR (PT. 420) 439

 

EVIDENCE - Tendering of document - Survey plan - Tendered by a person order than the licensed surveyor - Whether proper. BAJODEN V. IROMWANIMU (1995) 9 KLR 1709; (1995) 7 NWLR (PT. 410) 655

 

EVIDENCE - Unchallenged evidence - Admission of document by trial court - In Spite of defendant’s opposition - Failure to contradict its contents - Whether that evidence remained unchallenged. ORDIA V. PIEDMONT LTD. (1995) 2 KLR 578; (1995) 2 NWLR (PT. 379) 516

 

EVIDENCE - Unchallenged evidence - That is not incredible - And not discredited by cross examination - Whether the court can rely on it. EGBUNKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

EVIDENCE - Unchallenged evidence of the plaintiffs - By appellant who had opportunity to do so - When trial judge will have no difficulty - In finding for the plaintiffs. ODUNSI V. BAMGBALA (1995) 1 KLR 285; (1995) 1 NWLR (PT. 374) 641

 

EVIDENCE - Uncontroverted evidence of the plaintiffs - In respect of applicable customary law - Whether the court is bound to accept it. SONEKAN V. MIL. GOV. OGUN STATE (1995) 1 KLR 193

 

EVIDENCE - Unfavourable evidence - Defendants’ failure to produce key witnesses - Whether court is entitled to presume - That such evi­dence would be unfavourable to them. JALLCO LTD V. OWONIBOYS TECH. SERVICES LTD (1995) 4 KLR 959; (1995) 4 NWLR (PT. 391) 534

 

EVIDENCE - Unnecessary evidence - In support of admitted averment - Is to be ignored by the court. EGBUNKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

EVIDENCE - Witnesses - Credibility of prosecution witnesses - Whether mere fact of grouse against the accused - Will destroy the credibility of the evidence. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

EVIDENCE - Witnesses - Failure to call a particular witness - Whether fatal to the prosecution’s case. IZIREN V. THE STATE (1995) 12 KLR 2191; (1995) 9 NWLR (PT. 420) 385

 

EVIDENCE - Witnesses - Previous statement of a witness - Contradic­tion therein to be established - The statement must be brought to the attention of the witness. KWAGHSHIR V. THE STATE (1995) 4 KLR 777; (1995) 3 NWLR (PT. 386) 651

 

EVIDENCE - Witnesses for the prosecution - Alleged to be accom­plices, tainted or begrudged - Whether the allegation is well founded. OGUNLANA V. THE STATE (1995) 5 KLR 1031; (1995) 5 NWLR (PT. 395) 266

 

EVIDENCE - Burden of proof - When not discharged - Effect. NWOBOSI V. ACB LTD (1995) 7 KLR 1410; (1995) 6 NWLR (PT. 404) 658

 

EVIDENCE - Discredited evidence - Of a witness - Whether Court of Appeal can use it - In affirming appellant’s conviction. ADELE V. THE STATE (1995) 2 KLR 426; (1995) 2 NWLR (PT. 377) 269

 

EVIDENCE - Validity - Relief not claimed in the appellant’s action -Any evidence thereon - Went to no issue. AGOMA V. GUINNESS LTD (1995) 2 KLR 404; (1995) 2 NWLR (PT. 380) 672

 

FAIR HEARING - Address - Failure to allow a party to address the court - Whether a violation of hearing - To warrant declaring the trial a nullity. AYISA V. AKANJI (1995) 7 KLR 1622; (1995) 7 NWLR (PT. 406) 129

 

FAIR HEARING - Court - Supply of evidence - By the trial judge suo motu - Whether a violation of appellant’s right to fair hearing. DAMINA V. THE STATE (1995) 9 KLR 1880; (1995) 8 NWLR (PT. 415) 513

 

FAIR HEARING - Denial - Failure to consider some grounds of appeal - Whether a denial of fair hearing. UBN LTD V. NWAOKOLO (1995) 4 KLR 919; (1995) 6 NWLR (PT. 400) 127

 

FAIR HEARING - Ex parte motion for interim injunction - Refusal to hear the appellants - Whether a violation of s. 33(1) of the Constitution. SEVEN-UP LTD V. ABIOLA & SONS LTD (1995) 3 KLR 647; (1995) 3 NWLR (PT. 383) 257

 

FAIR HEARING - Murder - Trial for a period of 2 years and 8 months - Whether tantamount to unfair hearing - In view of nature of the case. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 50727

 

FAIR HEARING - Reasonable time - S. 33(4) of the Constitution -Established principle thereon - Will not be overruled or departed from. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

FAIR HEARING - Substitution of conviction - For offence not charged - Whether breach of fair hearing. ONOGWU V. THE STATE (1995) 6 KLR 1260; (1995) 6 NWLR (PT. 401) 276

 

FAIR HEARING - Suo motu raising of issue - By the Court of Appeal -Whether prejudicial and a breach of a party’s right to fair hearing. EZEANYA V. OKEKE (1995) 4 KLR 847; (1995) 4 NWLR (PT. 388) 142

 

FOREIGN EXCHANGE - Transactions involving foreign currency -Whether the debtor is bound to provide equivalent local currency - At time of settling the debt. UNION BANK LTD V. ODUSOTE BOOK­STORES LTD (1995) 12 KLR 2031; (1995) 9 NWLR (PT. 421) 558

 

GUARANTEE - Abandonment of respondent’s right - Created under the parties’ guarantee agreement - Held not to be the case. LAWAL V. UNION BANK PLC (1995) 2 KLR 502; (1995) 2 NWLR (PT. 378) 407

 

GUARANTEE - Alteration - Document that is merely an invitation to treat - Whether tantamount to an alteration of the guarantee agreement. UBN LTD V. NWAOKOLO (1995) 4 KLR 919; (1995) 6 NWLR (PT. 400) 127

 

GUARANTEE - Continuous guarantee - For a bank loan - As specified within the parties’ agreement - Can only be determined as provided within that agreement. UBN Ltd v. NWAOKOLO (1995) 4 KLR 919; (1995) 6 NWLR (PT. 400) 127

 

GUARANTEE - Release - Where appellant was not joined in the suit against other co debtors - Whether appellant is released from liability under the mortgage. LAWAL V. UNION BANK PLC (1995) 2 KLR 502; (1995) 2 NWLR (PT. 378) 407

 

GUARANTEE - Termination - Bank loan guarantee - Where not termi­nated properly - Mere payment of higher amount into that account - Cannot discharge the guarantor. UBN LTD V. NWAOKOLO (1995) 4 KLR 919; (1995) 6 NWLR (PT. 400) 127

 

ILLITERACY - Jurat - Absence of it to indicate translation to the illiter­ates - Whether document executed by the illiterates is null and void. ORO V. FALADE (1995) 5 KLR 1201; (1995) 5 NWLR (PT. 396) 385

 

INJUNCTIONS - Contractual rights - Are diminished by order of in­junction - Albeit temporarily. MOBIL OIL LTD V. ASSAN (1995) 9 KLR 1686; (1995) 8 NWLR (PT. 412) 129

 

INJUNCTIONS - Grant of - Injunction cannot be granted - Where the boundaries are not definite. OJIAKO V. EWURU (1995) 12 KLR 2197; (1995) 9 NWLR (PT. 420) 460

 

INJUNCTIONS - Grant of - Injunction should not be granted - Where the boundaries of the land were uncertain. UMESIE V. ONUAGULUCHl (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

INJUNCTIONS - Interest - Failure to establish any right or interest in the land claimed - Injunction should not have been granted. PAUL V. OZOKPO (1995) 4 KLR 893

 

INJUNCTIONS - Nullity - Where court lacks jurisdiction - Its order of injunction is a nullity. GOV. OF OYO STATE V. FOLAYAN (1995) 9 KLR 1643; (1995) 8 NWLR (PT. 413) 292.

 

INJUNCTIONS - Perpetual injunction - Granted by the trial Court -Whether rightly set aside by the Court of Appeal - After affirming trial court’s order of forfeiture. ODUNSI V. BAMGBALA (1995) 1 KLR 285; (1995) 1 NWLR (PT. 374) 641

 

INJUNCTIONS - Propriety of - Whether trial court was right in re­training appellants - From entering the whole area of land claimed by tie respondent. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

INJUNCTIONS - Setting aside of - Whether failure to secure undertaking as to damages - Is a ground for setting aside the injunction mandatorily. AFRO-CONTINENTAL LTD V AYANTUYI (1995) 12 KLR 2127; (1995) 9 NWLR (PT. 420) 411

 

INTERIM INJUNCTIONS - Fair hearing - Ex parte motion - Refusal to jar the appellants - Whether a violation of s. 33(1) of the 1979 Constitution. SEVEN-UP LTD V. ABIOLA & SONS LTD. (1995) 3 KLR 647; (1995) 3 NWLR (PT. 383) 257

 

INTERIM INJUNCTIONS - Motion ex parte for interim injunction -Pending motion on notice for interlocutory injunction - Whether application was rightly granted. SEVEN-UP LTD V. ABIOLA & SONS LTD. (1995) 3 KLR 647; (1995) 3 NWLR (PT. 383) 257

 

INTERIM INJUNCTIONS - Status quo - Interim injunction order - Is granted to preserve the status quo - Contentious issues are not decided - Fore it is granted. SEVEN-UP LTD V. ABIOLA & SONS LTD. (1995) 3 KLR 647; (1995) 3 NWLR (PT. 383) 257

 

INTERLOCUTORY APPLICATIONS - Ex parte motion - By a company’s provisional liquidator - For extension of time and court’s aid whether proper - Seeing that no determination of parties’ rights was in e. PROV. LIQ. TAPPIND. LTD V. ONYEKWELU (1995) 5 KLR 6

 

INTERLOCUTORY APPLICATIONS - Stay of execution - Merit of a matter - Not to be dealt with by court at this stage - Whether applicant is thereby not permitted to show his appeal has merit. JOSIEN HOLD­INGS LTD. V. LORNAMEAD LTD. (1995) 1 KLR 156; (1995) 1 NWLR (PT. 371) 254

 

INTERLOCUTORY INJUNCTIONS - Damages - Undertaking as to damages - Whether to be secured from the applicant in all cases. ODUNTAN V. GENERAL OIL LTD. (1995) 4 KLR 796; (1995) 4 NWLR (PT. 387) 1

 

INTERLOCUTORY INJUNCTIONS - Resolution of conflicts - Need for court to avoid determination - Of the substantive suit. ODUNTAN V. GENERAL OIL LTD. (1995) 4 KLR 796; (1995) 4 NWLR (PT. 387) 1

 

INTERLOCUTORY INJUNCTIONS - Substantial issue to be tried - Where established - Whether applicant should also establish entitlement to the claim. ODUNTAN V. GENERAL OIL LTD. (1995) 4 KLR 796; (1995) 4 NWLR (PT. 387) 1

 

INTERLOCUTORY INJUNCTIONS - Undertaking as to damages - Whether Kotoye case or any other case - Decided that failure to secure undertaking - Is a ground for mandatory setting aside of the injunction . AFRO-CONTINENTAL LTD. V. AYANTUYI (1995) 12 KLR 2127; (1995) 9 NWLR (PT. 420) 411

 

INTERPRETATION OF STATUTES - Clear and unambiguous provi­sions - How to be construed. BERLIET LTD V. KACHALLA (1995) 12 KLR 2074; (1995) 9 NWLR (PT. 420) 478

 

INTERPRETATION OF STATUTES - Provision that is clear and un­ambiguous - The words used therein - Will be given plain and gram­matical meaning. SEVEN-UP LTD V. ABIOLA & SONS LTD. (1995) 3 KLR 647; (1995) 3 NWLR (PT. 383) 257

 

ISLAMIC LAW - Applicability - Of Islamic Law - When parties are deemed to know that Islamic Law is applicable - From the constitution of the Area Court. USMAN V. KAREEM (1995) 2 KLR 485; (1995) 2 NWLR (PT. 379) 537

 

ISLAMIC LAW - Evidence - Allowing plaintiff and defendant to give evidence - Is contrary to Islamic Law. USMAN V. KAREEM (1995) 2 KLR 485; (1995) 2 NWLR (PT. 379) 537

 

ISLAMIC LAW - Oral Evidence - Where maker of a document is available - His viva voce evidence is preferable. USMAN V. KAREEM (1995) 2 KLR 485; (1995) 2 NWLR (PT. 379) 537

 

ISLAMIC LAW - Procedure - Adopted by the trial Area Court - In respect of calling of witnesses - Whether proper. USMAN V. KAREEM (1995)2 KLR 485; (1995) 2 NWLR (PT. 379) 537

 

JOINDER OF PARTIES - Common question of law and fact - Where these would arise - Whether plaintiffs were rightly joined as parties. CRS NEWSPAPERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

JOINDER OF PARTIES - Libel - Several persons jointly injured - As “the management Staff” - Whether properly joined as co-plaintiffs. CRS NEWSPAPERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

JUDGMENTS - Acquittal - Conviction for culpable homicide - Where retrial will not serve the ends of justice - Discharge and acquittal verdict will be entered. DAMINA V THE STATE (1995) 9 KLR 1880; (1995) 8 NWLR (PT. 415) 513

 

JUDGMENTS - Appeal - Judgment not appealed against - Is Binding on the parties. BALOGUN V. ADBOBI (1995) 1 KLR 252; (1995) 2 NWLR (PT. 376) 131

 

JUDGMENTS - Bias - Real likelihood of bias - Circumstances wherein inference thereof exist. FED. REP. OF NIGERIA V. ABIOLA (1995) 7 KLR 1532; (1995) 7 NWLR (PT. 405) 1

 

JUDGMENTS - Bias - Real likelihood of bias - Test thereof - Is what a reasonable man would think. FED. REP. OF NIGERIA V. ABIOLA (1995) 7 KLR 1532; (1995) 7 NWLR (PT. 405) 1

 

JUDGMENTS - Contravention - Of Court of Appeal’s orders by the Applicants - As shown by the affidavit evidence - Duty of the Courts to ensure that lawful orders - Are not rendered useless. LAWAL-OSULA V. LAWAL-OSULA (1995) 3 KLR 601

 

JUDGMENTS - Court of Appeal - Provisions of s. 258(2)(3) of 1979 Constitution - Verdict of absent justice can be delivered by another jus-ice. DADI V. GARBA (1995) 9 KLR 1755; (1995) 8 NWLR (PT. 411) 12

 

JUDGMENTS - Court’s decision - Wrong Decision of a court - That did not occasion miscarriage of justice - Whether sufficient to set aside a judgment. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

JUDGMENTS - Decision of lower courts - Based on evidence tendered - Whether finding for the respondent - In view of the overwhelming evidence - Is a correct approach. ANYABUNSI V. UGWUNZE (1995) 7 KLR 1372; (1995) 6 NWLR (PT. 401) 255

 

JUDGMENTS - Delivery of judgment - Overriding constitutional pro­vision that it be in public - Must be adhered to. NIGERIA-ARAB BANK V. BARRI LTD (1995) 9 KLR 1725; (1995) 8 NWLR (PT. 413) 257

 

JUDGMENTS - Dismissal - Counter affidavit - Failure to consider it - Is not enough to occasion a dismissal - Where it would not affect the outcome of the case. YAKUBU V. GOV. OF KOGI STATE (1995) 9 KLR 1765; (1995) 8 NWLR (PT. 414) 386

 

JUDGMENTS - Error in law - By granting what was not claimed - Held not capable of redeeming a case that failed woefully. OGOYI V. UMAGBA (1995) 10 KLR 1982; (1995) 9 NWLR (PT. 419) 283

 

JUDGMENTS - Final or interlocutory order - Tests to be applied - In determining whether judgment is final or interlocutory. BALOGUN V. ADEJOBI (1995) 1 KLR 252; (1995) 2 NWLR (PT. 376) 131

 

JUDGMENTS - Interest - On the amount due under the contract - Whether to antedate the date of judgment. JALLCO LTD V. OWONIBOYS TECH. SERV. LTD (1995) 4 KLR 959; (1995) 4 NWLR (PT. 391) 534

 

JUDGMENTS - Interest on judgment debt - Under the relevant Kwara State rules of court - Whether properly determined. JALLCO LTD V. OWONIBOYS TECH. SERVICES LTD (1995) 4 KLR 959; (1995) 4 NWLR (PT. 391) 534

 

JUDGMENTS - Interest on judgment debt - Where 10% is provided for under court rules - Plaintiff need not claim the interest vide the writ of summons. BERLIET LTD V. KACHALLA (1995) 12 KLR 2074; (1995) 9 NWLR (PT. 420) 478

 

JUDGMENTS - Issue - Resolution of issues - Must be based on evalu­ation of evidence. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

JUDGMENTS - Issues for determination - Academic and speculative issue that does not arise - Whether to be determined. EZEANYA V. OKEKE (1995) 4 KLR 847; (1995) 4 NWLR (PT. 388) 142

 

JUDGMENTS - Motion for Judgment - When not served - Court lacks jurisdiction - Judgment obtained is a nullity - And will be set aside. ACB PLC V. LOSADA LTD (1995) 7 KLR 1486; (1995) 7 NWLR (PT. 405) 26

 

JUDGMENTS - Non compliance - With the order of Court of Appeal -Found revealed by the facts. LAWAL-OSULA V. LAWAL-OSULA (1995) 3 KLR 601

 

JUDGMENTS - Nullity - Failure to give judgment in open court - Whether the entire proceedings is nullified and vitiated. NIGERIA ARAB BANK V BARRI LTD (1995) 9 KLR 1725; (1995) 8 NWLR (PT. 413) 257

 

JUDGMENTS - Omission - Where the lower courts found there was an omission - As to 10% interest on judgment debt - Whether they had power to correct that omission. BERLIET LTD V. KACHALLA (1995) 12 KLR 2074; (1995) 9 NWLR (PT. 420) 478

 

JUDGMENTS - Omission or clerical mistakes - Made by a particular judge in his judgment - Where that judge has left the High Court - Any other judge can rectify the omission. BERLIET LTD V. KACHALLA (1995) 12 KLR 2074; (1995) 9 NWLR (PT. 420) 478

 

JUDGMENTS - Relief - Whether the relief granted by the Court of Appeal - Is different from that sought by 1st respondent. WAKAMA V. KALIO (1995) 10 KLR 2017; (1995) 9 NWLR (PT. 418) 131

 

JUDGMENTS - Relief not claimed - Or that has been abandoned as a claim - Whether to be awarded by the court. UNION BA^K LTD V. OGBOH (1995) 2 KLR 461; (1995) 2 NWLR (PT. 380) 647

 

JUDGMENTS - Reliefs - Decision of the Court of Appeal - That granted reliefs - Not in the pleadings and not remotely in evidence - Whether proper. UNION BANK LTD V. OGBOH (1995) 2 KLR 461; (1995) 2 NWLR (PT. 380) 647

 

JUDGMENTS - Reversal - Error of lower court - That did not occasion miscarriage of justice - Will not lead to reversal of judgment. DADI V. GARBA (1995)9 KLR 1755; (1995) 8 NWLR (PT. 411) 12

 

JUDGMENTS - Reversal - Error of lower court - That fall under mat­ters the Supreme Court can determine - Will not ground reversal of judgment. ADEYERI V. ATANDA (1995) 5 KLR 1174; (1995) 5 NWLR (PT. 397) 512

 

JUDGMENTS - Reversal of Judgment - Mistakes which can lead to reversal of a judgment - Must be substantial. EZE V. OBIEFUNA (1995) 7 KLR 1392; (1995) 6 NWLR (PT. 404) 639

 

JUDGMENTS - Review - Court’s judgment in a land dispute - Whether a review thereof by a peace committee is illegal. UDE V. OJECHEMI (1995) 9 KLR 1788; (1995) 8 NWLR (PT. 412) 152

 

JUDGMENTS - Rights and obligations of parties - Consideration thereof - Must be in the light of existing Law - At the time cause of action arose. ALESE V. ALADETUYI (1995) 7 KLR 1357; (1995) 6 NWLR (PT. 403) 527

 

JUDGMENTS - Setting aside judgment - When is a court competent -To set aside its own judgment. ACB PLC V. LOSADA LTD (1995) 7 KLR 1486; (1995) 7 NWLR (PT. 405) 26

 

JUDGMENTS - Setting aside of judgment - Injunction granted by the trial court - Whether Court of Appeal rightly set aside trial court’s judg­ment. PAUL V. OZOKPO (1995) 4 KLR 893

 

JUDGMENTS - Setting aside of judgment - Whether properly done by the Court of Appeal. NWANKWO V. NWANKWO (1995) 5 KLR 1136; (1995) 5 NWLR (PT. 394) 153

 

JUDGMENTS - Subsistence of Court of Appeal’s judgment - Where there is no order staying the judgment - Applicants’ violation thereof is in contempt. LAWAL-OSULA V. LAWAL-OSULA (1995) 3 KLR 601

 

JUDGMENTS - Substitution of conviction - For offence not charged -Whether breach of fair hearing. ONOGWU V. THE STATE (1995) 6 KLR 1260; (1995) 6 NWLR (PT. 401) 276

 

JUDGMENTS - Three months limitation - For the delivery of judgment - Whether breached. UDE V. NWANGWU (1995) 9 KLR 1871; (1995) 8 NWLR (PT. 416) 644

 

JUDGMENTS - Venue - Case heard ab initio in open court - Whether judgment therein can be given in Chambers. NIGERIA-ARAB BANK V. BARRI LTD (1995) 9 KLR 1725; (1995) 8 NWLR (PT. 413) 257

 

JUDGMENTS - Writing of judgment - Whether course adopted by trial judge in writing judgment - Occasioned miscarriage of justice. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

JUDICIAL PRECEDENT - Correct application - Of the principles in Kotoye’s case - Whether implemented by the Court of Appeal. SEVEN-UP LTD V. ABIOLA & SONS LTD. (1995) 3 KLR 647; (1995) 3 NWLR (PT. 383) 257

 

JUDICIAL PRECEDENT - Established principle - On applicability of s.33(4) of the Constitution - Whether to be overruled or departed from. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

JUDICIAL PRECEDENT - Larbi’s case principle - That is related to arbitration proceeding - Is not applicable in the present case. ADEYERI V. ATANDA (1995) 5 KLR 1174; (1995) 5 NWLR (PT. 397) 512

 

JUDICIAL PRECEDENT - Previous decision - Of the Supreme Court Circumstances under which it will be overruled. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

JUDICIAL PRECEDENT - Ratio - Distinguished from obiter - In Kotoye case - Sought to be relied upon. AFRO-CONTINENTAL LTD V. AYANTUYI (1995) 12 KLR 2127; (1995) 9 NWLR (PT. 420) 411

 

JUDICIAL PRECEDENT - Supreme Court’s decisions - Will bind the Court of Appeal. NAA V. OKORO (1995) 7 KLR 1341; (1995) 6 NWLR (PT. 403) 510

 

JUDICIAL REVIEW - Statutory duty of appellate court - To review case and holding based on findings of fact and law - Whether justified. ONOGWU V. THE STATE (1995) 6 KLR 1260; (1995) 6 NWLR (PT. 401) 276

 

JURISDICTION - Assumption of jurisdiction - By the court - Is to be when person bringing action and subject matter - Are properly before the court. ALESE V. ALADETUYI (1995) 7 KLR 1357; (1995) 6 NWLR (PT. 403) 527

 

JURISDICTION - Courts - Motion for judgment - Where not served - Court lacks jurisdiction. ACB PLC V. LOS ADA LTD (1995) 7 KLR 1486; (1995) 7 NWLR (PT. 405) 26

 

JURISDICTION - Injunction - Where court lacks jurisdiction - Its order of injunction is a nullity. GOV. OF OYO STATE V. FOLAYAN (1995) 9 KLR 1643; (1995) 8 NWLR (PT. 413) 292.

 

JURISDICTION - Issue - Properly joined by the parties - Whether the High Court had jurisdiction to adjudicate thereon. ADEDAYO V. BABALOLA (1995) 7 KLR 1508; (1995) 7 NWLR (PT. 408) 383

 

JURISDICTION - Issues raised - Where court lacks jurisdiction to en­tertain them - What is the proper order to be made. GOMBE V. P.W. (NIG) LTD (1995) 7 KLR 1321; (1995) 6 NWLR (PT. 402) 402

 

JURISDICTION - Lack of - Where court lacks jurisdiction to entertain the issues raised - What is the proper order to be made? GOMBE V. P.W. (NIG) LTD (1995) 7 KLR 1321; (1995) 6 NWLR (PT. 402) 402

 

JURISDICTION - Ouster clauses of an Act - Found to have ousted supervisory jurisdiction of the High Court. AGWUNA V. A-G FED­ERATION (1995) 5 KLR 1154; (1995) 5 NWLR (PT. 396) 418

 

JURISDICTION - Res judicata - Where the plea is established - The courts lack jurisdiction - To adjudicate on the claims. ADIGUN V. THE GOVERNOR OF OSUN STATE (1995) 3 KLR 671; (1995) 3 NWLR (PT. 385) 513

 

JURISDICTION - Special Tribunal (Miscellaneous Offences) Act- Trial thereunder - Jurisdiction of court is excluded. AGWUNA V. A-G FED­ERATION (1995) 5 KLR 1154; (1995) 5 NWLR (PT. 396) 418

 

LAND LAW - Abandoned property - Definition thereof - Whether prop­erty in dispute was an abandoned property. PAUL V. OZOKPO (1995) 4 KLR 893

 

LAND LAW - Arrears of rent and mesne profits - Whether the same thing - Distinction between the two. OBIJIAKU V. OFFIAH (1995) 7 KLR 1554; (1995) 7 NWLR (PT. 409) 510

 

LAND LAW - Boundaries - To which the declaration of title sought can be tied - Whether unknown or vague. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

LAND LAW - Customary tenancy - Whether respondent is a customary tenant for an indefinite period. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

LAND LAW - Family land - Finding that it was conveyed by the family head - with the approval of the entire family members - Whether sup­ported by evidence. OGUNJUMO V. ADEMOLU (1995) 4 KLR 813; (1995) 4 NWLR (PT. 389) 254

 

LAND LAW - Findings of fact in land dispute - Whether supported by evidence before the trial court. ANERO V. EZE (1995) 1 KLR 144; (1995) 1 NWLR (PT. 370) 129

 

LAND LAW - Identity of the land in dispute - Claimed by the plaintiffs - Whether established. IROEGBU V. OKWORDU (1995) 4 KLR 877; (1995) 4 NWLR (PT. 389) 270

 

LAND LAW - Injunction - And damages for trespass - Should not be granted - Where the boundaries of the land WERE UNCERTAIN. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

LAND LAW - Injunction - And declaration of title - Cannot be granted - Where the boundaries are not definite. OJIAKO V EWURU (1995) 12 KLR 2197; (1995) 9 NWLR (PT. 420) 460

 

LAND LAW - Injunction - Failure to establish any right or interest in the land - Whether the Court of Appeal rightly set aside trial court’s judg­ment - In dismissing the appellant’s claim. PAUL V. OZOKPO (1995) 4 KLR 893

 

LAND LAW - Injunction - Whether the trial court was right in restrain­ing appellants - From entering the whole area of land claimed by the respondent. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

LAND LAW - Laches - Where natural disasters delayed plaintiffs’ ac­tion - In resisting defendants’ act of trespass - Whether plea of laches, acquiescence, and standing by avails. IROEGBU V. OKWORDU (1995) 4 KLR 877; (1995) 4 NWLR (PT. 389) 270

 

LAND LAW - Laches and acquiescence defences - Whether available to respondent. PAUL V. OZOKPO (1995) 4 KLR 893

 

LAND LAW - Land Use Act - Customary right of occupancy grant thereunder - Whether defendants are entitled to it - When they were never in exclusive lawful possession. IROEGBU V. OKWORDU (1995) 4 KLR 877; (1995) 4 NWLR (PT. 389) 270

 

LAND LAW - Misconception of pleadings - Court of Appeal’s finding that plaintiffs admitted that defendants were in possession - Is a miscon­ception of the pleadings. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

LAND LAW - Ownership - No evidence adduced on acts of ownership - Whether the claim for declaration of title should be dismissed. PAUL V. OZOKPO (1995) 4 KLR 893

 

LAND LAW - Ownership - Not raised by appellant in previous action - Where appellant has paid arrears of rent in line with the magistrate’s court’s judgment - And did not appeal - Whether she can now claim ownership. PAUL V. OZOKPO (1995) 4 KLR 893

 

LAND LAW - Ownership - Where proved by defendant - Plaintiffs claim from a party that has no title - Cannot succeed. DADI V. GARBA (1995) 9 KLR 1755; (1995) 8 NWLR (PT. 411) 12

 

LAND LAW - Possession - Acts constituting Possession - Ownership and worshipping of shrine - Located within disputed land - Deemed act of possession. ANYABUNSI V. UGWUNZE (1995) 7 KLR 1372; (1995) 6 NWLR (PT. 401) 255

 

LAND LAW - Possession - Right to possession - Is in respondent fam­ily who is in defocto et de jury possession. ANYABUNSI V. UGWUNZE (1995) 7 KLR 1372; (1995) 6 NWLR (PT. 401) 255

 

LAND LAW - Possession - Sufficient acts of possession established by the defendants - Judgment of the trial court to the contrary is perverse. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

LAND LAW - Registrable instrument that was not registered - Cannot be given in evidence - But equitable title can be based thereon. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

LAND LAW - Registrable instruments - Where not registered - Are admissible in proof of payment of purchase price - And to prove equi­table interest. OGUNJUMO V. ADEMOLU (1995) 4 KLR 813; (1995) 4 NWLR (PT. 389) 254

 

LAND LAW - Registration - Document affecting interest in land - Where not registered as stipulated by law - Whether it will serve any useful purpose. USMAN V. KAREEM (1995) 2 KLR 485; (1995) 2 NWLR (PT. 379) 537

 

LAND LAW - Res judicata - Sameness of issue and subject matter -Whether res judicata is established - In respect of any portion of the land in dispute. OJIAKO V. EWURU (1995) 12 KLR 2197; (1995) 9 NWLR (PT. 420) 460

 

LAND LAW - Sale - Offer of land with options on mode of payment -Where the option accepted by purchaser has no time limit -Whether pay­ment was made within time. WAKAMA V. KALIO (1995) 10 KLR 2017; (1995) 9 NWLR (PT. 418) 131

 

LAND LAW - Sale - Where misdirected purchase price cannot be justi­fied - For being too low - It will be inequitable to bind the Seller. WAKAMA V. KALIO (1995) 10 KLR 2017; (1995) 9 NWLR (PT. 418) 131

 

LAND LAW - Sale -Subsequent erroneous sale of land - Whether the vendor is bound thereby - As to defeat a prior valid sale. WAKAMA V. KALIO (1995) 10 KLR 2017; (1995) 9 NWLR (PT. 418) 131

 

LAND LAW - Survey plan - Grant of title - Where there is no difficulty in identifying land in dispute - Whether possible without survey plan. BAJODEN V. IROMWANIMU (1995) 9 KLR 1709; (1995) 7 NWLR (PT. 410) 655

 

LAND LAW - Survey plan - Title to land - Grant thereof - Based on survey plan tendered - By person other than the licensed surveyor -Whether proper, BAJODEN V, IROMWANIMU (1995) 9 KLR 1709; (1995) 7 NWLR (PT. 410) 655

 

LAND LAW - Tenancy - Nature of tenancy granted - When established by reference to manner of rent payment. OBIJIAKU V. OFFIAH (1995) 7 KLR 1554; (1995) 7 NWLR (PT. 409) 510

 

LAND LAW - Title - Admission by defendant - That a particular party was her predecessor in title - The onus is on defendant to prove her contrary allegation. ODUNSI V. BAMGBALA (1995) 1 KLR 285; (1995) 1 NWLR (PT. 374) 641

 

LAND LAW - Title - Burden is on plaintiff to prove origin of title of his grantor - Where plaintiff’s case was highly discredited - The claim should be dismissed. PAUL V. OZOKPO (1995) 4 KLR 893

 

LAND LAW - Title - Burden of proof - Is on the plaintiff - Who must not rely on the weakness of the defence. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

LAND LAW - Title - Declaration of title - Cannot be based on admission in the pleadings - Plaintiff is bound to prove his case. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

LAND LAW - Title - Pleadings plaintiffs’ pleading as to traditional history - Did not disclose details of their root of title. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

LAND LAW - Title - Previous proceedings on arrears of rent - Whether a bar to the present proceedings - On declaration of title. PAUL V. OZOKPO (1995) 4 KLR 893

 

LAND LAW - Title - To larger portion of which the parcel in dispute forms part of- Allegation of absolute sale to plaintiffs’ father - Whether proved by them. ODUNSI V. BAMGBALA (1995) 1 KLR 285; (1995) 1 NWLR (PT. 374) 641

 

LAND LAW - Title - Traditional history and acts of possession by plaintiff - When evidence thereto is found scanty and unreliable. OGUNJUMO V. ADEMOLU (1995) 4 KLR 813; (1995) 4 NWLR (PT. 389) 254

 

LAND LAW - Traditional history - Evidence thereof in an action for declaration of title - Whether established. PAUL V. OZOKPO (1995) 4 KLR 893

 

LAND LAW - Traditional history - Reliance thereon for claim of own­ership of land - Whether there is abundant evidence. BAJODEN V. IROMWANIMU (1995) 9 KLR 1709; (1995) 7 NWLR (PT. 410) 655

 

LAND LAW - Traditional history evidence - Presented by the plaintiffs - Whether reliable - As concurrently found by the two lower courts. IROEGBU V. OKWORDU (1995) 4 KLR 877; (1995) 4 NWLR (PT. 389) 270

 

LAND LAW - Trespass - Action for trespass is maintainable by person in possession and occupation - Against any unauthorized entry. OYAH V. IKALILE (1995) 7 KLR 1440; (1995) 7 NWLR (PT. 406) 150

 

LAND LAW - Trespass - Action of appellants - When held to be a clear case of trespass to land of respondents. EZE V. OBIEFUNA (1995) 7 KLR 1392; (1995) 6 NWLR (PT. 404) 639

 

LAND LAW - Trespass - Acts constituting trespass to land - Whether appellant is liable. ANYABUNSI V. UGWUNZE (1995) 7 KLR 1372; (1995) 6 NWLR (PT. 401) 255

 

LAND LAW - Trespass - Exclusive possession - Must be proved by the plaintiff - So that defendants that have been in possession for a long time - Cannot be liable in trespass. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

LAND LAW - Trespass - Where appellant was not in possession at the relevant time - Whether claim for damages for trespass can be main­tained. PAUL V. OZOKPO (1995) 4 KLR 893

 

LAND LAW - Uncontroverted claim - As 4th defendant did not contest the claim - Whether plaintiffs are entitled to succeed - Against him. OGUNJUMO V. ADEMOLU (1995) 4 KLR 813; (1995) 4 NWLR (PT. 389) 254

 

LAND USE ACT - Powers of a local government - To acquire land for public purposes - Whether land in dispute was acquired for any public purpose. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

LAND USE ACT- Governor’s consent - Mortgages - s. 22 of the Act - Whether consent must be obtained before the execution of the mort­gage deed. AWOJUGBAGBE LIGHT IND. LTD. V. CHINUKWE (1995) 4 KLR 707; (1995) 4 NWLR (PT. 390) 379

 

LANDLORD & TENANT - Arrears of rent and mesne profit - Whether the same thing - Distinction between the two. OBIJIAKU V. OFFIAH (1995) 7 KLR 1554; (1995) 7 NWLR (PT. 409) 510

 

LANDLORD & TENANT - Customary Tenancy - Whether respondent is a customary tenant for an indefinite period. AWAOGBO V. EZE (1995) 1 KLR 224; (1995) 1 NWLR (PT. 372) 393

 

LANDLORD & TENANT - Forfeiture - Customary tenancy - Appellant that breached her obligations - Whether liable to forfeiture. ODUNSI V. BAMGBALA (1995) 1 KLR 285; (1995) 1 NWLR (PT. 374) 641

 

LANDLORD & TENANT - Mesne profits - Liability therefor - Whether to be awarded only following an order for recovery of possession. OBIJIAKU V. OFFIAH (1995) 7 KLR 1554; (1995) 7 NWLR (PT. 409) 510

 

LANDLORD & TENANT - Notice - Recovery of premises - Notice of intention to recover possession - Defect therein - Consequences thereof. OBIJIAKU V. OFFIAH (1995) 7 KLR 1554; (1995) 7 NWLR (PT. 409) 510

 

LANDLORD & TENANT - Tenancy - Nature of tenancy granted -When established by reference to arrears of rent payment. OBUIAKU V. OFFIAH (1995) 7 KLR 1554; (1995) 7 NWLR (PT. 409) 510

 

LEASES - Clarity and contents - Need for lease to be clear as to intent and purpose - Essential contents of a lease. NLEWEDIM V. UDUMA (1995) 6 KLR 1304; (1995) 6 NWLR (PT. 402) 383

 

LEASES - Memorandum - Statutes of Fraud 1677 s.4 - Whether con­tents of a lease qualify as a memorandum. NLEWEDIM V. UDUMA (1995) 6 KLR 1304; (1995) 6 NWLR (PT. 402) 383

 

LEASES - Specific performance - Failure to fulfil fundamental part of. the agreement - Specific performance will not be granted. NLEWEDIM V. UDUMA (1995) 6 KLR 1304; (1995) 6 NWLR (PT. 402) 383

 

LEASES - Time - Whether of the essence - In the parties’ contract for lease of land. NLEWEDIM V. UDUMA (1995) 6 KLR 1304; (1995) 6 NWLR (PT. 402) 383

 

LEGAL DRAFTING - Lease - Need to be clear as to intent and purpose - Essential contents of a lease. NLEWEDIM V. UDUMA (1995) 6 KLR 1304; (1995) 6 NWLR (PT. 402) 383

 

LEGAL DRAFTING - Memorandum - Statute of Frauds 1677 s.4. -Whether contents of a lease qualify as a memorandum. NLEWEDIM V. UDUMA (1995) 6 KLR 1304; (1995) 6 NWLR (PT. 402) 383

 

LEGAL PRACTITIONERS - Appeal - Argument of counsel - Is to be based on the issues formulated - And not on the grounds of appeal. ADEYERI V. ATANDA (1995) 5 KLR 1174; (1995) 5 NWLR (PT. 397) 512

 

LEGAL PRACTITIONERS - Appearance - Objecting against appear­ance of Counsel - Where that counsel is not playing any role in the appeal - Objection dismissed. ANATOGU V. IWEKA (1995) 9 KLR 1834; (1995) 8 NWLR (PT. 415) 547

 

LEGAL PRACTITIONERS - Authority of litigant - Appeals - Affidavit evidence - When found to show that counsel had no authority - Of the appellant to file or withdraw appeal. A-G FEDERATION V. A.I.C. LTD. (1995) 2 KLR 529; (1995) 2 NWLR (PT. 378) 388

 

LEGAL PRACTITIONERS - Conceding to appellant’s guilt - By coun­sel assigned to him - When found to be based on legal and factual sub­missions. OKON V. THE STATE (1995) 1 KLR 241; (1995) 1 NWLR (PT. 372) 382

 

LEGAL PRACTITIONERS - Mistake of counsel - Appeal - Where de­lay in appealing is counsel’s fault - Whether the party will be punished. IYALABANI CO. LTD. V. BANK OF BARODA (1995) 4 KLR 840; (1995) 4 NWLR (PT. 387) 20

 

LEGAL PRACTITIONERS - Mistake of counsel - Not to be visited on litigant - Whether applicable - Where the litigant is a legal practitioner. SARAKI V. KOTOYE (1995) 5 KLR 1121; (1995) 5 NWLR (PT. 395) 256

 

LEGAL PRACTITIONERS - Murder - Assignment of counsel to the accused - From the Legal Aid Council - Whether properly done. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

LEGAL PRACTITIONERS - Negligence of counsel - Appellant is not to be penalized thereby. A-G FEDERATION V. A.I.C. LTD (1995) 2 KLR 529; (1995) 2 NWLR (PT. 378) 388

 

LEGAL PRACTITIONERS - Proceedings - Counsel’s refusal to con­tinue with proceedings before a court - When held to be proper. NABSONS LTD V. MOBIL OIL LTD (1995) 7 KLR 1470; (1995) 7 NWLR (PT. 407) 254

 

LEGISLATION - Repeal - Chieftaincy dispute - Whether an existing law can be repealed by a statement in a press release. GOV. OF OYO STATE V. FOLAYAN (1995) 9 KLR 1643; (1995) 8 NWLR (PT. 413) 292

 

LEGISLATION - Revocation - Of provision of an existing law by an­other - Legal effect thereof. ALESE V. ALADETUYI (1995) 7 KLR 1357; (1995) 6 NWLR (PT. 403) 527

 

LEGISLATION - Torts - Abolition of common law doctrine of common employment - In England since 1948 - Whether that doctrine is still applicable in Northern Nigeria - In view of the relevant law. NTC LTD V. AGUNANNE (1995) 5 KLR 997; (1995) 5 NWLR (PT. 397) 541

 

LEGISLATION - Validity - Chieftaincy Commission of inquiry law - Failure to gazette appointment of the commission - Though an irregular­ity - Proceedings of the commission are not invalidated thereby. GOV. OF OYO STATE V. FOLAYAN (1995) 9 KLR 1643; (1995) 8 NWLR (PT. 413) 292

 

LIBEL - Imputation of general damages - Once libel is proved - Injury to reputation for damage is presumed. CRS NEWSPAPERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

LIBEL - Purely personal action - Whether by joining as co-plaintiffs -This principle is offended. CRS NEWSPAPERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

LIBEL - Relief - Right to relief for libel - Of the joint plaintiffs - Whether arising out of same transaction. CRS NEWSPAPERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

LIBEL - Several persons jointly injured - As “the management staff” -Whether properly joined as co-plaintiffs. CRS NEWSPAPERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

LIMITATION OF ACTIONS - Native law and custom of Bini - Whether the Limitation Law provisions - Were meant to defeat or protect some customary practices. LAWAL-OSULA V. LAWAL-OSULA (1995) 10 KLR 1996

 

LIMITATION OF ACTIONS - Public officer - Action against him - Whether limitation prescribed within the Law - Is to avail where no public duty is in issue. YARE V. NUUKU (1995) 5 KLR 1078; (1995) 5 NWLR (PT. 394) 129

 

LIMITATION OF ACTIONS - Statute bar - Bini custom - That vests the family house in the eldest son - Whether there is any limitation in the custom to make plaintiffs’ action statute barred. LAWAL-OSULA V. LAWAL-OSULA (1995)10 KLR 1996

 

LIMITATION OF ACTIONS - Statute bar - Wrong entries in account -Whether time began to run when the entries were made - Or when the respondent became aware of the error. JALLCO LTD V. OWONIBOYS TECH. SERVICES LTD (1995) 4 KLR 959; (1995) 4 NWLR (PT. 391) 534

 

LITIGANTS - Mistake of counsel - Not to be visited on lay litigant - Whether applicable - Where the litigant is a legal practitioner. SARAKI V. KOTOYE (1995) 5 KLR 1121; (1995) 5 NWLR (PT. 395) 256

 

LITIGANTS - Negligence of Counsel - Appellant not to be penalized thereby - Three changes within one year in the appellant - Militated against prompt action. A-G FEDERATION V. A.I.C. LTD. (1995) 2 KLR 529; (1995) 2 NWLR (PT. 378) 388

 

LOCUS IN QUO - Existence of a structure - As testified by plaintiffs -Where not found during visit to the locus - Plaintiffs’ case ought to have been dismissed. OJIAKO V. EWURU (1995) 12 KLR 2197; (1995) 9 NWLR (PT. 420) 460

 

LOCUS IN QUO - Visit to locus In quo - Court’s discretion not to visit locus - When properly exercised - Whether on appeal court should inter­fere therewith. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

LOCUS IN QUO - Visit to locus in quo - Duty of court to visit locus -Where there is conflict in evidence - For the resolution thereof. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

MASTER & SERVANT - Absence from Duty - During time of employee’s prosecution at his master’s instance - Whether employee is entitled to his remuneration. UNDER WATER ENG. CO. LTD. V. DUBEFON (1995) 6 KLR 1295; (1995) 6 NWLR (PT. 400) 156

 

MASTER & SERVANT - Collection of terminal benefits - Alleged but unproved promise to recall appellant - Whether appellant can maintain action for re-employment or damages - After collecting terminal benefits. AGOMA V. GUINNESS LTD. (1995) 2 KLR 404; (1995) 2 NWLR (PT. 380) 672

 

MASTER & SERVANT - Conduct of Servant - Amounting to willful disobedience of lawful order - Consequence thereof. NWOBOSI V. ACB LTD (1995) 7 KLR 1410; (1995) 6 NWLR (PT. 404) 658

 

MASTER & SERVANT - Dismissal - Misconduct - Where dismissal was not communicated - Whether effective from time of the misconduct or time of communicating the dismissal. UNDER WATER ENG. CO. LTD. V. DUBEFON (1995) 6 KLR 1295; (1995) 6 NWLR (PT. 400) 156

 

MASTER & SERVANT - Dismissal - Of respondent on ground of misconduct - Whether justifiable. UNDER WATER ENG. CO. LTD. V. DUBEFON (1995) 6 KLR 1295; (1995) 6 NWLR (PT. 400) 156

 

MASTER & SERVANT - Employment - Where not governed by statute - It is governed by the parties’ terms. UNION BANK LTD. V. OGBOH (1995) 2 KLR 461; (1995) 2 NWLR (PT. 380) 647

 

MASTER & SERVANT - Misconduct - Where both parties agreed that employee misconducted himself - Whether employee’s Counsel can con­tend that onus of proof is on the appellants. UNDER WATER ENG. CO. LTD. V. DUBEFON (1995) 6 KLR 1295; (1995) 6 NWLR (PT. 400) 156

 

MASTER & SERVANT - Misconduct - Where established - Whether appellant can successfully challenge his summary dismissal. NWOBOSI V. ACB LTD (1995) 7 KLR 1410; (1995) 6 NWLR (PT. 404) 658

 

MASTER & SERVANT - Relationship of master & servant - Whether regulated by parties agreement alone - Or the general law also. NWOBOSI V. ACB LTD (1995) 7 KLR 1410; (1995) 6 NWLR (PT. 404) 658

 

MASTER & SERVANT - Wrongful termination - Where the employ­ment is governed only by agreement of parties - The only remedy is a claim for damages. UNION BANK LTD. V. OGBOH (1995) 2 KLR 461; (1995) 2 NWLR (PT. 380) 647

 

MORTGAGES - Agreement of the parties - To date their long executed mortgage deed -After securing the governor’s consent - Whether appellant can approbate and reprobate. AWOJUGBAGBE LIGHT IND. LTD. V. CHINUKWE (1995) 4 KLR 707; (1995) 4 NWLR (PT. 390) 379

 

MORTGAGES - Governor’s consent - S. 22 of the Land Use Act -Whether consent must be obtained before the execution of the mortgage deed. AWOJUGBAGBE LIGHT IND. LTD V. CHINUKWE (1995) 4 KLR 707; (1995) 4 NWLR (PT. 390) 379

 

MORTGAGES - Trespass - Forcible entry of premises - In exercise of mortgagee’s right under the mortgage agreement - Whether tantamount to trespass. AWOJUGBAGBE LIGHT IND. LTD V. CHINUKWE (1995) 4 KLR 707; (1995) 4 NWLR (PT. 390) 379

 

MORTGAGES - Validity - Where parties agreed not to date the mort­gage - Until the governor’s consent is secured - Whether s. 22 of the Land Use Act is violated - So as to render the mortgage invalid. AWOJUGBAGBE LIGHT IND. LTD. V. CHINUKWE (1995) 4 KLR 707; (1995) 4 NWLR (PT. 390) 379

 

MURDER - Conviction - Of the appellant - Affirmed by the Court of Appeal - Whether justified in the circumstances. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

MURDER - Conviction - Whether appellant was rightly convicted - By the two lower courts. OKON V. THE STATE (1995) 1 KLR 241; (1995) 1 NWLR (PT. 372) 382

 

MURDER - Conviction - Whether the lower courts were justified - In convicting the appellants - For the offence of murder. IKPO V. THE STATE (1995) 12 KLR 2152; (1995) 9 NWLR (PT. 421) 540

 

MURDER - Provocation or self defence - Finding of the lower courts -That there was no evidence to that effect - Further confirmed by the Supreme Court. EJIONWU V. THE STATE (1995) 4 KLR 829; (1995) 3 NWLR (PT. 386) 640

 

MURDER - Sentence - Overwhelming evidence against accused - Whether the mandatory sentence of the lower courts - Will be disturbed. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

NEGLIGENCE - Bailment - Liability in negligence - For failure to de­liver goods entrusted to the bailee - May arise - Whether goods are entrusted gratuitously or for reward - Save bailee can prove lack of negligence on his part. BROADLINE LTD V. MONTEREY MARI­TIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

NEGLIGENCE - Bailment - Prima Facie proof of negligence - Is neces­sary for success in bailment claim. BROADLINE LTD V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

NEGLIGENCE - Findings of fact - as to the issue of negligence -Whether substantiated by the evidence. UNION BANK LTD V. ODUSOTE BOOK STORES LTD (1995) 12 KLR 2031; (1995) 9 NWLR (PT. 421) 558

 

NEGLIGENCE - Liability - Act of negligence leading to serious inju­ries on co employee - Whether doctrine of common employment will apply - To exempt appellant from liability. NTC LTD V. AGUNANNE (1995)5 KLR 997; (1995) 5 NWLR (PT. 397) 541

 

NEGLIGENCE - Reliance on an aspect of claim - Abandonment of claim in contract - While pursuing the claim in negligence - Whether tantamount to abandoning the entire claim. BROADLINE LTD V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

ORDERS - Competence - Orders sought - Where beyond pending inter­locutory appeal - Whether appellate court is competent to entertain them. GOMBE V. P.W. (NIG) LTD (1995) 7 KLR 1321; (1995) 6 NWLR (PT. 402) 402

 

ORDERS - Compliance - Failure to comply with court order - Is con­tempt of court. MOBIL OIL LTD V. ASSAN (1995) 9 KLR 1686; (1995) 8 NWLR (PT. 412) 129

 

ORDERS - Jurisdiction - Where court lacks jurisdiction to entertain the issues raised - What is the proper order to he made? GOMBE V. P.W. (NIG) LTD (1995) 7 KLR 1321; (1995) 6 NWLR (PT. 402) 402

 

ORDERS - Non compliance - With Court of Appeal order - Found revealed by the facts. LAWAL-OSULA V. LAWAL-OSULA (1995) 3 KLR 601

 

ORDERS - Perpetual injunction - Granted by the trial court - Whether rightly set aside by the Court of Appeal - After affirming trial court’s order of forfeiture. ODUNSI V. BAMGBALA (1995) 1 KLR 285; (1995) 1 NWLR (PT. 374) 641

 

PARTIES - Customary law - Joinder of parties - And their capacity to sue - Improper application thereof - Whether fatal to customary court proceedings. DADI V. GARBA (1995) 9 KLR 1755; (1995) 8 NWLR (PT. 411) 12

 

PARTIES - Joinder - Person not joined at trial court - Can be joined upon his application - If his status will be affected by outcome of the suit. YAKUBU V. GOV. OF KOGI STATE (1995) 9 KLR 1765; (1995) 8 NWLR (PT. 414) 386

 

PARTIES - Joinder of parties - Basis - Application for joinder - Whether its refusal is erroneous. NABSONS LTD V. MOBIL OIL LTD (1995) 7 KLR 1470; (1995) 7 NWLR (PT. 407) 254

 

PARTIES - Privies - Whether the parties are privies - In the present and the past proceedings. ADEDAYO V. BABALOLA (1995) 7 KLR 1508; (1995) 7 NWLR (PT. 408) 383

 

PARTIES - Rights and obligations - Consideration thereof - Must be in the light of existing law - At the time cause of action arose. ALESE V. ALADETUYI (1995) 7 KLR 1357; (1995) 6 NWLR (PT. 403) 527

 

PLEADINGS - Admission - Requires no evidential proof - However plaintiff that leads evidence on admitted averment - Must ensure it is in accordance with that averment - Since parties are bound by their plead­ings. EGBUNIKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

PLEADINGS - Admission - Where appellants did not admit some mate­rial facts - Whether Court of Appeal was correct - In stating that material averments had all been admitted. EGBUNIKE V. A.C.B. LTD (1995)2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

PLEADINGS - Amendment - After closure of parties case - That will not bring case in line with evidence - But will enable a party present a new case - Will not be granted. BAMISHEBI V. OTE (1995) 9 KLR 1812; (1995) 8 NWLR (PT. 411) 1

 

PLEADINGS - Amendment - Application for amendment of pleadings -When refusal amounts to gross injustice. NABSONS LTD. V. MOBIL OIL LTD (1995) 7 KLR 1470; (1995) 7 NWLR (PT. 407) 254

 

PLEADINGS - Amendment - Land dispute - Application for amendment of pleadings by plaintiffs - After both parties had closed their cases - Whether to be granted. BAMISHEBI V. OTE (1995) 9 KLR 1812; (1995) 8 NWLR (PT. 411) 1

 

PLEADINGS - Averment - Where no evidence is led in proof of it -Onus of proof on the respondents is not discharged. BROADLINE LTD V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

PLEADINGS - Averments - Where not proved by evidence of defen­dant who failed to testify - The averments must be discountenanced. ODUNSI V. BAMGBALA (1995) 1 KLR 285; (1995) 1 NWLR (PT. 374) 641

 

PLEADINGS - Bailment - Mandatory pleading of negligence - Is not required for success - Though prima facie proof thereof is necessary. BROADLINE LTD V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

PLEADINGS - Bailment - Whether from the pleadings and evidence -Appellant made no claim on bailment. BROADLINE LTD V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

PLEADINGS - Binding effect of pleadings - Whether court can adjudi­cate on any matter - Not put in issue by the pleadings. SONEKAN V. MIL. GOV. OGUN STATE (1995) 1 KLR 193

 

PLEADINGS - Case of a party - Is to be as contained in his pleadings - Which is binding on the party. UNION BANK LTD. V. OGBOH (1995) 2 KLR 461; (1995) 2 NWLR (PT. 380) 647

 

PLEADINGS - Customary tenancy - Where that term was not employed by the parties - Respondents were not bound to plead same. BAJODEN V. IROMWANIMU (1995) 9 KLR 1709; (1995) 7 NWLR (PT. 410) 655

 

PLEADINGS - Denial of an averment - Where defendant admitted an averment - But denied it subsequently - Is that averment denied suffi­ciently? EGBUNIKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

PLEADINGS - Departure - Where plaintiffs claim derogated from his pleadings - The claim should be rejected. EHIMUA V. NATIONAL OIL & CHEM. MKT. OIL CO. LTD (1995) 5 KLR 1230; (1995) 5 NWLR (PT. 398) 642

 

PLEADINGS - Details - Root of title in land dispute - Whether plaintiffs’ pleading as to traditional history - Did not disclose details of their root of title. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

PLEADINGS - Discretion - Court’s exercise of discretion - To grant amendment of pleadings - Guiding principles. NABSONS LTD. V. MOBIL OIL LTD (1995) 7 KLR 1470; (1995) 7 NWLR (PT. 407) 254

 

PLEADINGS - Evidence - Averment in the statement of claim that is not admitted - Need to adduce evidence in its support. EGBUNIKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

PLEADINGS - Fact - Of payment of rent pleaded - Exhibits that were tendered - Towards proving payment of annual rents - Are not material facts which must be pleaded. ODUNSI V. BAMGBALA (1995) 1 KLR 285; (1995) 1 NWLR (PT. 374) 641

 

PLEADINGS - Failure to give evidence - By a defendant in support of his material averment - The averment will be taken as abandoned - Failure to give evidence in challenge of that of plaintiff - Is deemed acceptance of the facts - In spite of the general traverse. EGBUNIKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

PLEADINGS - General traverse - Contained in a statement of defence - Casts burden of proving denied allegation on the plaintiff. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

PLEADINGS - Illegality - Where not pleaded nor raised by leave of court as new point - All arguments thereto are discountenanced. UNION BANK V. ODUSOTE BOOKSTORES LTD (1995) 12 KLR 2031; (1995) 9 NWLR (PT. 421) 558

 

PLEADINGS - Issue - Adjudicating on an issue that was not pleaded -By the Court of Appeal - Whether its decision will be set aside. OLATUNJI V. ADISA (1995) 2 KLR 321; (1995) 2 NWLR (PT. 376) 167

 

PLEADINGS - Issue - Not raised in the parties’ pleadings - Raised by the Court of Appeal suo motu - Whether prejudicial and a breach of a party’s right to fair hearing. EZEANYA V. OKEKE (1995) 4 KLR 847; (1995) 4 NWLR (PT. 388) 142

 

PLEADINGS - Issue not pleaded - Inquired into by the Court of Appeal - Miscarriage of justice is occasioned thereby. OLATUNJI V. ADISA (1995) 2 KLR 321; (1995) 2 NWLR (PT. 376) 167

 

PLEADINGS - Joining of issues - Where issue was not joined - With regard to production of purchase receipt - That issue cannot be can­vassed. SPASCO LTD V. ALRAINE LTD (1995) 9 KLR 1912; (1995) 8 NWLR (PT. 416) 655

 

PLEADINGS - Misconception - Land dispute - Court of Appeal’s find­ing that plaintiffs admitted that defendants were in possession - Is a misconception of the pleadings. NWANKPU V. EWULU (1995) 7 KLR 1570; (1995) 7 NWLR (PT. 407) 269

 

PLEADINGS - Native Law and custom - Reliance thereon - In a claim of ownership - Whether properly pleaded. BAJODEN V. IROMWANIMU (1995) 9 KLR 1709; (1995) 7 NWLR (PT. 410) 655

 

PLEADINGS - No triable issue - Disclosed from averments in a claim -Whether possibility of application for amendment - Can save such an action. WILLIAMS V. WILLIAMS (1995) 2 KLR 342; (1995) 2 NWLR (PT. 375) 1

 

PLEADINGS - Onus of proof - Is on the party who asserts - Material averment in the statement of defence - Whether plaintiff is to adduce evidence in its rebuttal. EGBUNIKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

PLEADINGS - Reliefs - Decision of Court of Appeal - That granted reliefs - Not in the pleadings and not remotely in evidence - Whether proper. UNION BANK LTD. V. OGBOH (1995) 2 KLR 461; (1995) 2 NWLR (PT. 380) 647

 

PLEADINGS - Reply - Where a new issue was pleaded by the defendant - Appropriate case when plaintiff should plead its defences in a reply. SPASCO LTD V. ALRAINE LTD (1995) 9 KLR 1912; (1995) 8 NWLR (PT. 416) 655

 

PLEADINGS - Rule of pleadings - Duty of court is to determine real issues in controversy - Strict application of rule of pleadings - May lead to miscarriage of justice. JALLCO LTD V. OWONIBOYS TECH. SER­VICES LTD (1995) 4 KLR 959; (1995) 4 NWLR (PT. 391) 534

 

PLEADINGS - Traverse - Joinder of issues - In respect of appellants’ plea of traditional history - Whether there was sufficient traverse. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

PLEADINGS - Unpleaded fact - Irregularity and illegality - Alleged in respect of sale of goods - Where not pleaded - Evidence thereon goes to no issue. SPASCO LTD V. ALRAINE LTD (1995) 9 KLR 1912; (1995) 8 NWLR (PT. 416) 655

 

PRACTICE & PROCEDURE - Adjournment - Application for adjourn­ment - Refusal thereof - That takes away a party’s right - Is erroneous. NABSONS LTD. V. MOBIL OIL LTD (1995) 7 KLR 1470; (1995) 7 NWLR (PT. 407) 254

 

PRACTICE & PROCEDURE - Competence of a claim - Where appel­lant has no locus standi in a matter - Claim related to that matter should be struck out. NWANKWO V. NWANKWO (1995) 5 KLR 1136; (1995) 5 NWLR (PT. 394) 153

 

PRACTICE & PROCEDURE - Cost - Purpose - Not meant to be a bonus to the successful party - And not to be awarded on Sentiments. UBN LTD V. NWAOKOLO (1995) 4 KLR 919; (1995) 6 NWLR (PT. 400) 127

 

PRACTICE & PROCEDURE - Counterclaim - Master & Servant - When the master’s counterclaim is deemed vexatious and oppressive. UNDER WATER ENG. CO. LTD. V. DUBEFON (1995) 6 KLR 1295; (1995) 6 NWLR (PT. 400) 156

 

PRACTICE & PROCEDURE - Criminal allegation in civil proceedings - Allegation that receipts proving filing of notice of appeal were forged - Whether proved beyond reasonable doubt. OLETIE V. OLUGHOR (1995) 5 KLR 106

 

PRACTICE & PROCEDURE - Demurrer - Where properly raised -Whether Court has inherent jurisdiction - To dismiss or strike out the claim. WILLIAMS V. WILLIAMS (1995) 2 KLR 342; (1995) 2 NWLR (PT. 375) 1

 

PRACTICE & PROCEDURE - Demurrer - Where raised by a defendant - He is deemed to have admitted all plaintiffs allegations of fact - Cir­cumstances under which demurrer will properly arise. WILLIAMS V. (1995) 2 KLR 342; (1995) 2 NWLR (PT. 375) 1

 

PRACTICE & PROCEDURE - Error in procedure - For resolving con­flicts in affidavit evidence - Consequence thereof. ADKINS SCIEN­TIFIC LTD. V. ALADETOYINBO (1995) 7 KLR 1459; (1995) 7 NWLR (PT. 409) 526

 

PRACTICE & PROCEDURE - Ex parte motion - By a company’s pro­visional liquidator - For extension of time and court’s aid - Whether proper - Seeing that no determination of parties’ rights was in issue. PROV. LIQ. OF TAPP IND. LTD. V. ONYEKWELU (1995) 5 KLR 1096; (1995) 5 NWLR (PT. 393) 9

 

PRACTICE & PROCEDURE - Extension of time - Application for extension of time - Grant thereof by Court of Appeal - Whether discre­tional. NAA V. OKORO (1995) 7 KLR 1341; (1995) 6 NWLR (PT. 403) 510

 

PRACTICE & PROCEDURE - Extension of time - Grant of applica­tion for extension of time - What applicant must show - As exceptional circumstances - To warrant a grant. NAA V. OKORO (1995) 7 KLR 1341; (1995) 6 NWLR (PT. 403) 510

 

PRACTICE & PROCEDURE - Illegality - Where neither pleaded nor raised by leave of court as new point - All arguments thereto are discountenanced. Union Bank Ltd v. ODUSOTE BOOKSTORES LTD (1995) 12 KLR 2031; (1995) 9 NWLR (PT. 421) 558

 

PRACTICE & PROCEDURE - Joinder of parties - Basis - Application for joinder - Whether its refusal is erroneous. NABSONS LTD. V. MOBIL OIL LTD (1995) 7 KLR 1470; (1995) 7 NWLR (PT. 407) 254

 

PRACTICE & PROCEDURE - Joinder of parties - Person not joined at trial court - Can be joined upon his application - If his status will be affected by outcome of the suit. YAKUBU V. GOV. OF KOGI STATE (1995) 9 KLR 1765; (1995) 8 NWLR (PT. 414) 386

 

PRACTICE & PROCEDURE - Joinder of parties - Where common questions of law and fact would arise - Whether plaintiffs were rightly joined as parties. CRS NEWSPAPERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

PRACTICE & PROCEDURE - Motion for judgment - Failure to serve the respondents - Is not a mere irregularity - Proceedings will be vitiated. ACB PLC V. LOSADA LTD (1995) 7 KLR 1486; (1995) 7 NWLR (PT. 405) 26

 

PRACTICE & PROCEDURE - Non suit - Where trial court has no power to order non suit under the applicable rules - Whether the Court of Appeal can make that order. OTAPO V. FALEYE (1995) 2 KLR 548; (1995) 3 NWLR (PT. 381) 1

 

PRACTICE & PROCEDURE - Nullity - Failure to give judgment in open court - Whether the entire proceedings is nullified and vitiated. NIGERIA-ARAB BANK V. BARRI LTD (1995) 9 KLR 1725; (1995) 8 NWLR (PT. 413) 257

 

PRACTICE & PROCEDURE - Nullity - Proceeding that is declared a nullity - Cannot be revived. AYISA V. AKANJI (1995) 7 KLR 1622; (1995) 7 NWLR (PT. 406) 129

 

PRACTICE & PROCEDURE - Proceedings - Counsel’s refusal to continue with proceedings before a court - When held to be proper. NABSONS LTD. V. MOBIL OIL LTD (1995) 7 KLR 1470; (1995) 7 NWLR (PT. 407) 254

 

PRACTICE & PROCEDURE - Resting defence on plaintiff’s case - Onus is discharge on a minimal proof thereby - Court is bound to act on the unchallenged plaintiff’s evidence. BROADLINE LTD V. MONTEREY MARITIME CORP. (1995) 10 KLR 1931; (1995) 9 NWLR (PT. 417) 1

 

PRACTICE & PROCEDURE - Retrial - Circumstances under which retrial will be ordered - By an appellate court. AYISA V. AKANJI (1995) 7 KLR 1622; (1995) 7 NWLR (PT. 406) 129

 

PRACTICE & PROCEDURE - Setting aside judgment - Proper proce­dure - Is by cross appeal and not respondent’s notice. EZE V. OBIEFUNA (1995) 7 KLR 1392; (1995) 6 NWLR (PT. 404) 639

 

PRACTICE & PROCEDURE - Specific testimony of each plaintiff - Libel - Whether plaintiffs can establish their case without each testify­ing. CRS NEWSPAPERS CORP. V. ONI (1995) 1 KLR 170; (1995) 1 NWLR (PT. 371) 270

 

PRACTICE & PROCEDURE - Writ of summons - Irregularity - Com­plaint about irregularity in the writ - When held to be too late. KOSSEN LTD V. SAVANNAH BANK LTD (1995) 12 KLR 2099; (1995) 9 NWLR (PT. 420) 439

 

PRACTICE & PROCEDURES - Stay of Execution - Whether averments in affidavit went into the merit of the pending appeal - To warrant their being struck out. JOSIEN HOLDINGS LTD. V. LORNAMEAD LTD. (1995) 1 KLR 156; (1995) 1 NWLR (PT. 371) 254

 

PRACTICE AND PROCEDURE - Counter affidavit - Failure to con­sider it - Is not enough to occasion a dismissal - Where such counter affidavit would not have affected outcome of the case - And the error was caused by appellant. YAKUBU V. GOV. OF KOGI STATE (1995) 9 KLR 1765; (1995) 8 NWLR (PT. 414) 386

 

PUBLIC OFFICERS - Action against a public officer - Limitation pre­scribed within the law - Whether to avail where no public duty is in issue. YARE V. NUUKU (1995) 5 KLR 1078; (1995) 5 NWLR (PT. 394) 129

 

PUBLIC OFFICERS - Engaging in running of private business - Pro­hibited under the 1979 Constitution - Whether same as prohibiting ac­quiring interest in private business. NWANKWO V. NWANKWO (1995)5 KLR 1136; (1995) 5 NWLR (PT. 394) 153

 

PUBLIC OFFICERS - Restriction from running private business - Is meant to protect public interest - And not to create a private interest for appellant’s benefit. NWANKWO V. NWANKWO (1995) 5 KLR 1136; (1995) 5 NWLR (PT. 394) 153

 

RES JUDICATA - Applicability - Decision that is not on the merits - Whether res judicata can he grounded thereon. KOSSEN LTD V. SA­VANNAH BANK LTD (1995) 12 KLR 2099; (1995) 9 NWLR (PT. 420) 439

 

RES JUDICATA - Claim barred as being res judicata - As rightly found by the trial court - Whether that court can make a finding - On an issue that was determined in the previous proceedings. OTAPO V. FALEYE (1995) 2 KLR 548; (1995) 3 NWLR (PT. 381) 1

 

RES JUDICATA - Estoppel per rein judicata - Plea thereof by the re­spondents - Whether established. ADIGUN V. THE GOVERNOR OF OSUN STATE (1995) 3 KLR 671; (1995) 3 NWLR (PT. 385) 513

 

RES JUDICATA - Identity of the res - Whether the subject matter is the same - In the past criminal and present civil action. EZEANYA V. OKEKE (1995) 4 KLR 847; (1995) 4 NWLR (PT. 388) 142

 

RES JUDICATA - Ingredients - For the plea to succeed - Essential ingredients must be established. BALOGUN V. ADEJOBI (1995) 1 KLR 252; (1995) 2 NWLR (PT. 376) 131

 

RES JUDICATA - Issue - Previous criminal case of assault - Present civil action for declaration of title to land - Whether the issues are the same. EZEANYA V. OKEKE (1995) 4 KLR 847; (1995) 4 NWLR (PT. 388) 142

 

RES JUDICATA - Issue estoppel - An issue that has been founded upon in previous proceedings - Plaintiffs are estopped from relitigating that point under issue estoppel. OTAPO V. FALEYE (1995) 2 KLR 548; (1995) 3 NWLR (PT. 381) 1

 

RES JUDICATA - Issue estoppel - Previously determined action - By a court of competent jurisdiction - Whether the issue can be canvassed again in another action. ADEDAYO V. BABALOLA (1995) 7 KLR 1508; (1995) 7 NWLR (PT. 408) 383

 

RES JUDICATA - Jurisdiction - Where plea of res judicata is estab­lished - The courts lack jurisdiction - To adjudicate on the claims. ADIGUN V. GOV. OF OSUN STATE (1995) 3 KLR 671; (1995) 3 NWLR (PT. 385) 513

 

RES JUDICATA - Land law - Sameness of issue and subject matter -Whether res judicata is established - In respect of any portion of the land in dispute. OJIAKO V EWURU (1995) 12 KLR 2197; (1995) 9 NWLR (PT. 420) 460

 

RES JUDICATA - Parties - Found to be the same - In previous and present proceedings notwithstanding plaintiffs’ guise. OTAPO V FALEYE (1995) 2 KLR 548; (1995) 3 NWLR (PT. 381) 1

 

RES JUDICATA - Parties - In previous criminal proceedings fought in personal capacities - Whether same as parties in the present civil action - Contested in representative capacity. EZEANYA V. OKEKE (1995) 4 KLR 847; (1995) 4 NWLR (PT. 388) 142

 

RES JUDICATA - Plea of - Condition for the operation of res judicata - Issues must be the same in the two suits. BALOGUN V. ADEJOBI (1995) 1 KLR 252; (1995) 2 NWLR (PT. 376) 131

 

RES JUDICATA - Privy - Land dispute - Where there are previous decisions of courts on the issue - Appellant as a privy is bound by those decisions - And there is nothing for the appointed peace committee to settle. UDE V. OJECHEMI (1995) 9 KLR 1788; (1995) 8 NWLR (PT. 412) 152

 

RES JUDICATA - Sameness of parties, etc - Is a question of fact -Elements of res judicata - Found by the two lower courts - To be same in previous and present case. ADIGUN V. THE GOVERNOR OF OSUN STATE (1995) 3 KLR 671; (1995) 3 NWLR (PT. 385) 513

 

RES JUDICATA - Subject matter - Where land in dispute is different from that is previous proceedings - Plea of res judicata cannot succeed. IKOKU V. EKEUKWU (1995) 7 KLR 1606; (1995) 7 NWLR (PT. 410) 437

 

RES JUDICATA - Subject matter - Where same in previous and present proceedings - As found by trial court from the abundant evidence -Court of Appeal was wrong in holding otherwise. OTAPO V. FALEYE (1995) 2 KLR 548; (1995) 3 NWLR (PT. 381) 1

 

RULES OF COURT - Filing of document - In contravention of Court of Appeal Rules - Whether that court is bound to draw the attention of the erring party. UNION BANK LTD V. ODUSOTE BOOKSTORES LTD (1995) 12 KLR 2031; (1995) 9 NWLR (PT. 421) 558

 

RULES OF COURT - Motion for Judgment - Service thereof - High Court of Lagos State (Civil Procedure) Rules - Order 40, is applicable and not Order 6 Rule 5. ACB PLC V. LOSADA LTD (1995) 7 KLR 1486; (1995) 7 NWLR (PT. 405) 26

 

SALE OF GOODS - Consideration - For sale of goods - Whether inad­equate - To amount to strong evidence of fraud. SPASCO LTD V. ALRAINE LTD (1995) 9 KLR 1912; (1995) 8 NWLR (PT. 416) 655

 

SALE OF GOODS - Irregularity and illegality - Alleged in respect of sale of goods - Where not pleaded - Evidence thereon goes to no issue. SPASCO LTD V. ALRAINE LTD (1995) 9 KLR 1912; (1995) 8 NWLR (PT. 416) 655

 

SERVICE OF PROCESSES - Motion for Judgment - Mode of service thereof - Is by personal service - Though court may be moved for sub­stituted service - If personal one fails. ACB PLC V. LOSADA LTD (1995) 7 KLR 1486; (1995) 7 NWLR (PT. 405) 26

 

SERVICE OF PROCESSES - Motion for judgment - Where not served - Court lacks jurisdiction - Judgment obtained is a nullity - And will be set aside. ACB PLC V. LOSADA LTD (1995) 7 KLR 1486; (1995) 7 NWLR (PT. 405) 26

 

SERVICE OF PROCESSES - Rules of Court - Motion for judgment - High Court of Lagos State Rules - Order 40 is applicable and not Order 6 rule 5. ACB PLC V. LOSADA LTD (1995) 7 KLR 1486; (1995) 7 NWLR (PT. 405) 26

 

SERVICE OF PROCESSES - Substituted service - Where Limited sub­stituted service is ordered - It does not apply to service of every other process. ACB PLC V. LOSADA LTD (1995) 7 KLR 1486; (1995) 7 NWLR (PT. 405) 26

 

STATUTES - Assent by the Governor - That normally makes a law become operational - Is subject to contrary indication as to commence­ment date. YARE V. NUUKU (1995) 5 KLR 1078; (1995) 5 NWLR (PT. 394) 129

 

STATUTES - Bills of Exchange Act s. 45(1) - That discharges the drawer of bill - That was not presented for payment - From liability - Whether applicable. EGBUNIKE V. A.C.B. LTD (1995) 2 KLR 372; (1995) 2 NWLR (PT. 375) 34

 

STATUTES - Commencement - Failure to gazette any order bringing an Edict into operation on a particular date - As provided within the Edict -Whether the Edict has come into force. YARE V. NUUKU (1995) 5 KLR 1078; (1995) 5 NWLR (PT. 394) 129

 

STATUTES - Inconsistency - Whether there is any inconsistency - In s.33(6)(c) of the 1979 Constitution and s. 352 of the C.P. A. NWAMBE V. THE STATE (1995) 3 KLR 619; (1995) 3 NWLR (PT. 384) 385

 

STATUTES - Interpretation of statutes - clear and unambiguous provi­sions - How to be construed. BERLIET LTD V. KACHALLA (1995) 12 KLR 2074; (1995) 9 NWLR (PT. 420) 478

 

STAY OF EXECUTION - Affidavit - Whether averments therein went into the merit of the pending appeal - To warrant their being struck out. JOSIEN HOLDINGS LTD V. LORNAMEAD LTD (1995) 1 KLR 156; (1995) 1 NWLR (PT. 371) 254

 

STAY OF EXECUTION - Conditions attached to the order - Where found to be very fair - whether to be disturbed. FUNDUK ENGINEER­ING LTD V. MCARTHUR (1995) 4 KLR 944; (1995) 4 NWLR (PT. 392) 640

 

STAY OF EXECUTION - Contempt of a subsisting court order - Whether a party in contempt - Is entitled to a favourable exercise of court’s dis­cretion. LAWAL-OSULA V. LAWAL-OSULA (1995) 3 KLR 601

 

STAY OF EXECUTION - Destruction of the res - Whether the lower Court was right - In holding that the res cannot be destroyed. JOSIEN HOLDINGS LTD. V. LORNAMEAD LTD. (1995) 1 KLR 156; (1995) 1 NWLR (PT. 371) 254

 

STAY OF EXECUTION - Discretion of trial court - In refusing the application - Wrongly exercised. FUNDUK ENGINEERING LTD V. MCARTHUR (1995) 4 KLR 944; (1995) 4 NWLR (PT. 392) 640

 

STAY OF EXECUTION - Dismissal of claim to declaration of tide to land - Since this order is not executory - Whether a stay can properly issue. MAKINDE V. AKINWALE (1995) 6 KLR 1280; (1995) 6 NWLR (PT. 399) 1

 

STAY OF EXECUTION - Fair trial - Where denial thereof was estab­lished - Whether it is an exceptional circumstance that will attract a stay. FUNDUK ENGINEERING LTD V. MCARTHUR (1995) 4 KLR 944; (1995) 4 NWLR (PT. 392) 640

 

STAY OF EXECUTION - Grant or refusal - Is at court’s discretion -What a party seeking to set aside the Order must show. FUNDUK EN­GINEERING LTD V. MCARTHUR (1995) 4 KLR 944; (1995) 4 NWLR (PT. 392) 640

 

STAY OF EXECUTION - Jurisdiction - Land dispute - Maintaining the status quo ante - Stay cannot be granted - Where parcel of land in issue is outside the area litigated upon. MAKINDE V. AKINWALE (1995) 6 KLR 1280; (1995) 6 NWLR (PT. 399) 1

 

STAY OF EXECUTION - Jurisdiction - Where the issue of jurisdiction is latent or patent - Whether it will make grant of a stay imperative. FUNDUK ENGINEERING LTD V. MCARTHUR (1995) 4 KLR 944; (1995) 4 NWLR (PT. 392) 640

 

STAY OF EXECUTION - Justice of the case - Whether respondents satisfied the court - That a stay would meet justice of their case given the circumstances. FUNDUK ENGINEERING LTD V. MCARTHUR (1995) 4 KLR 944; (1995) 4 NWLR (PT. 392) 640

 

STAY OF EXECUTION - Merit of a matter - Not to be dealt with at this stage - Whether applicant is thereby not permitted to show his appeal has merit. JOSIEN HOLDINGS LTD V. LQRNAMEAD LTD (1995) 1 KLR 156; (1995) 1 NWLR (PT. 371) 254

 

STAY OF EXECUTION - Special circumstances - That must be estab­lished by the applicant - Need not be collateral - But inherent on the facts and nature of the case. JOSIEN HOLDINGS LTD. V. LORNAMEAD LTD. (1995) 1 KLR 156; (1995) 1 NWLR (PT. 371) 254

 

STAY OF EXECUTION - Substantial issue - Disclosed by grounds of appeal - When a stay will be granted. JOSIEN HOLDINGS LTD. V. LORNAMEAD LTD. (1995) 1 KLR 156; (1995) 1 NWLR (PT. 371) 254

 

STAY OF EXECUTION - Wrongful dismissal - Of the application by the Court of Appeal - When set aside by the Supreme Court. JOSIEN HOLDINGS LTD. V. LORNAMEAD LTD. (1995) 1 KLR 156; (1995) 1 NWLR (PT. 371) 254

 

STAY OF PROCEEDINGS - Grant of stay - Will not be made where it will be futile - And where other grounds on which the prayer is predi­cated fail. SARAKI V. KOTOYE (1995) 5 KLR 1121; (1995) 5 NWLR (PT. 395) 256

 

SUCCESSION - Islamic Law - Death of respondent’s father - Cannot debar his heirs from claiming his share of gift of land. USMAN V. KAREEM (1995) 2 KLR 485; (1995) 2 NWLR (PT. 379) 537

 

SUCCESSION - Paternity - Whether 1st plaintiff has established his legitimacy - As the eldest son of the testator. LAWAL-OSULA V. LAWAL-OSULA (1995) 10 KLR 1996

 

SUCCESSION - Will - Capacity to make a will - In the former Bendel State - Is subject to entrenched native law and custom - That the family house can only be vested in the eldest son. LAWAL-OSULA V. LAWAL-OSULA (1995) 10 KLR 1996

 

SUCCESSION - Will - Validity - Will that did not vest the family house in the eldest son - Whether completely invalidated thereby. LAWAL-OSULA V. LAWAL-OSULA (1995) 10 KLR 1996

 

SUPREME COURT - Bias - Real likelihood of bias - Circumstances where inference thereof is held to exist - In a matter before the Supreme Court. FED. REP. OF NIGERIA V. ABIOLA (1995) 7 KLR 1532; (1995) 7 NWLR (PT. 405) 1

 

SUPREME COURT - Conflicting decisions of the Supreme Court - Where the cases are not relevant to the present case - Resolution of the conflict having become merely academic - Is not necessary. AWOJUGBAGBE LIGHT AND. LTD. V. CHINUKWE (1995) 4 KLR 707; (1995) 4 NWLR (PT. 390) 379

 

SUPREME COURT - Finality of its decision - In civil proceedings - Is absolute save set aside by later legislation. ADIGUN V. THE GOVER­NOR OF OSUN STATE (1995) 3 KLR 671; (1995) 3 NWLR (PT. 385) 513

 

SUPREME COURT - Judicial precedents - Supreme Court’s decision -Will bind the Court of Appeal. NAA V. OKORO (1995) 7 KLR 1341; (1995) 6 NWLR (PT. 403) 510

 

SUPREME COURT - Leave - Issue that was not raised before the lower courts - When Supreme Court will grant leave. ANATOGU V. IWEKA (1995) 9 KLR 1834; (1995) 8 NWLR (PT. 415) 547

 

SUPREME COURT - Previous decision - Of the Supreme Court - Cir­cumstances under which it will be overruled. EFFIOM V. THE STATE (1995) 1 KLR 7; (1995) 1 NWLR (PT. 373) 507

 

SUPREME COURT - Reversal - Error of lower court - That fall under matters the Supreme Court can determine - Will not ground reversal of judgment. ADEYERI V. ATANDA (1995) 5 KLR 1174; (1995) 5 NWLR (PT. 397) 512

 

TORTS - Common employment doctrine - Party injured and party caus­ing the injury are to be in a common employment - Two conditions that will exempt the employer from liability. NTC LTD V. AGUNANNE (1995)5 KLR 997; (1995) 5 NWLR (PT. 397) 541

 

TORTS - Common employment doctrine legislation - Abolished in En­gland since 1948 - Whether that doctrine is still applicable in Northern Nigeria - In view of the relevant law. NTC LTD V. AGUNANNE (1995)5 KLR 997; (1995) 5 NWLR (PT. 397) 541

 

TORTS - Detinue - Action based on detinue - And not conversion as found by trial court - Dismissal of the appeal by lower court without appropriate assessment of damages - Is not proper. ORDIA V. PIED­MONT LTD (1995) 2 KLR 578; (1995) 2 NWLR (PT. 379) 516

 

TORTS - Detinue - Damages - Plaintiff normally entitled to his untraversed claim for damages - But in detinue - Only reasonable dam­ages will be awarded - For defendant’s retention of the chattels. ORDIA V. PIEDMONT LTD (1995) 2 KLR 578; (1995) 2 NWLR (PT. 379) 516

 

TORTS - Detinue - Erroneous finding that action was based on conver­sion - Action rightly held to be in detinue by Court of Appeal - Need for appropriate assessment of damages. ORDIA V PIEDMONT LTD. (1995) 2 KLR 578; (1995) 2 NWLR (PT. 379) 516

 

TORTS - Libel - Liability therefor - In respect of published article - lies against the author Printer & Publisher. FED. REP. OF NIGERIA V. ABIOLA (1995) 7 KLR 1532; (1995) 7 NWLR (PT. 405) 1

 

TORTS - Negligence - Of appellant’s driver - Leading to co-employee sustaining serious injuries - Whether the doctrine of common employ­ment will apply - To exempt appellant from liability. NTC LTD V. AGUNANNE (1995) 5 KLR 997; (1995) 5 NWLR (PT. 397) 541

 

TRESPASS - Action for trespass - Is maintainable by person in posses­sion - Against any unauthorized entry. OYAH V. IKALILE (1995) 7 KLR 1440; (1995) 7 NWLR (PT. 406) 150

 

TRESPASS - Damages - Whether respondents’ claim for damages for trespass - Is meritorious. EZE V. OBIEFUNA (1995) 7 KLR 1392; (1995) 6 NWLR (PT. 404) 639

 

TRESPASS - Damages for - Should not be granted - Where the bound­aries of the land were uncertain. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

TRESPASS - Forcible entry of premises - In exercise of mortgagee’s right under the mortgage agreement - Whether tantamount to trespass. AWOJUGBAGBE LIGHT IND. LTD. V. CHINUKWE (1995) 4 KLR 707; (1995) 4 NWLR (PT. 390) 379

 

TRESPASS - Liability - Action of appellants - When held to be a clear case of trespass to the land of respondents. EZE V. OBIEFUNA (1995) 7 KLR 1392; (1995) 6 NWLR (PT. 404) 639

 

TRESPASS - Liability - Acts constituting trespass to land - Whether appellant is liable. ANYABUNSI V. UGWUNZE (1995) 7 KLR 1372; (1995) 6 NWLR (PT. 401) 255

 

TRESPASS - Liability - Possession - Defendants that have been in pos­session for a long time - Cannot be liable in trespass. UMESIE V. ONUAGULUCHI (1995) 12 KLR 2166; (1995) 9 NWLR (PT. 421) 515

 

TRESPASS - Possession - Appellant not in possession at the relevant time - Damages for trespass cannot be maintained. PAUL V. OZOKPO. (1995) 4 KLR 893

 

TRESPASS - Right of action - Is maintainable by a party - Who estab­lishes possession and title. ANYABUNSI V. UGWUNZE (1995) 7 KLR 1372; (1995) 6 NWLR (PT. 401) 255

 

TRIBUNALS - Jurisdiction - Special Tribunal (Miscellaneous Offenses) Act - Trial thereunder - Jurisdiction of court is excluded. AGWUNA V. A-G FEDERATION (1995) 5 KLR 1154; (1995) 5 NWLR (PT. 396) 418

 

TRIBUNALS - Power - Conferred on tribunals - Whether exceeded in the present case. AGWUNA V. A-G FEDERATION (1995) 5 KLR 1154; (1995) 5 NWLR (PT. 396) 418

 

WAIVER - Peace committee - Land dispute - Whether respondents par­ticipated in a peace committee - So as to waive their rights under previ­ous judgments of court. UDE V. OJECHEMI (1995) 9 KLR 1788; (1995) 8 NWLR (PT. 412) 152

 

WRIT OF SUMMONS - Irregularity - Complaint about it in the writ -When held to be too late. KOSSEN LTD V. SAVANNAH BANK (1995) 12 KLR 2099; (1995) 9 NWLR (PT. 420) 439

 

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 1995 DECISIONS