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 codebtors - 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 coplaintiffs. 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 BANK 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 de facto 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 coplaintiffs -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 coplaintiffs. 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 wilful 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 coemployee - 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. LORNAMEAD 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 coemployee 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 Offences) 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