COMPREHENSIVE INDEX TO ALL

SUPREME COURT 1996 DECISIONS

 

ACTIONS - Alternative claim - Where the major claim succeeds - Whether the alternative should still be considered. AGIDIGBI V. AGIDIGBI (1996) 6 KLR (PT 42) 1124; (1996) 6 NWLR (PT. 454) 300

 

ACTIONS - Appeals - Parties to a proceeding - One that is not a party to a counter claim - Has no right of appeal - Save where he secures leave of court. TSOKWA MOTORS LTD. V. UNION BANK (1996) 10 KLR (PT 45) 1815; (1996) 9 NWLR (PT. 471) 129

 

ACTIONS - Cause of action - Where no cause of action is disclosed in the pleadings - Trial court can not suo motu dismiss a case in limine - Without application by the defendant. AKPAN V. UTIN (1996) 6 KLR (PT 42) 1180; (1996) 7 NWLR (PT. 463) 634

 

ACTIONS - Competence of action - Where local Court Rules Provision is adequate - It is wrong to decide that the action is incompetent - Based on foreign rules of court. AYANKOYA V. OLUKOYA (1996) 2 KLR (PT 38) 450; (1996) 4 NWLR (PT. 440) 1

 

ACTIONS - Dismissal - Reasons for dismissing the plaintiff’s action - Properly clarified. OMEREDE V. ELEAZU (1996) 5 KLR (PT 41) 954; (1996) 6 NWLR (PT. 452) 1

 

ACTIONS - Locus standi - Where plaintiff prosecuted an action on behalf of a community - His evidence on matters that were not pleaded - Cannot make him to say he lacked locus standi. OMEREDE V. ELEAZU (1996) 5 KLR (PT 41) 954; (1996) 6 NWLR (PT. 452) 1

 

ACTIONS - Parties - Contracts - Transaction that was commenced and concluded before 1st Plaintiff came into existence - Whether the defendant was liable. TSOKWA MOTORS LTD. V. UNION BANK (1996) 10 KLR (PT 45) 1815; (1996) 9 NWLR (PT. 471) 129

 

ACTIONS - Reliefs - Where plaintiff did not claim any pecuniary relief - Whether it was rightly awarded. EZEONWU V. ONYECHI (1996) 2 KLR (PT 38) 382; (1996) 3 NWLR (PT. 438) 499

 

ACTIONS - Striking out - Where the facts reveal that the subject matter has been overtaken - Whether court could strike out the action - Without further address from counsel. BADEJO V. FED. MINISTER OF EDUCTION (1996) 9 KLR (PT 44) 1609; (1996) 8 NWLR (PT. 464) 15

 

ACTIONS - Subject matter - Whether there are materials before the court - Upon which it found that the subject matter - Had been overtaken by events. BADEJO V. FED. MINISTER OF EDUCTION (1996) 9 KLR (PT 44) 1609; (1996) 8 NWLR (PT. 464) 15

 

ADJOURNMENT - Ruling - Court is bound to rule one way or the other - In respect of application for adjournment properly made before it. OLUMESAN V. OGUNDEPO (1996) 2 KLR (PT 38) 315; (1996) 2 NWLR (PT. 433) 628

 

AFFIDAVITS - Affidavit - Averments in affidavit - Where not denied by counter affidavit - The facts may be regarded as duly established. STATE V. COMMISSIONER (1996) 4 KLR (PT 40) 690

 

AGENCY - Apparent or ostensible authority doctrine - Whether it operates to clothe the Governor of Oyo State - With authority to enter into agreement on behalf of others. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

AGENCY - Companies - Undertaking given by Chairman/director of a company - Where a partnership relationship was in existence - Whether the undertaking also binds the director personally. YESUFU V. KUPPER INT. N.V. (1996) 4 KLR (PT 40) 599; (1996) 5 NWLR (PT. 446) 17

 

AGENCY - Estoppel and holding out - Principal is bound by acts of agent - He presents to another person - As having authority to act on his behalf. AYANKOYA V. OLUKOYA (1996) 2 KLR (PT 38) 450; (1996) 4 NWLR (PT. 440) 1

 

AGENCY - Implied or ostensible authority - Whether by virtue of any of these - The Governor of Oyo State can be an agent of other States. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

ALIBI - Investigation - Where not investigated - And the prosecution’s case is full of contradictions - The conviction would be set aside. CHUKWU V. THE STATE (1996) 9 KLR (PT 44) 1555; (1996) 7 NWLR (PT. 463) 686

 

ALIBI - Materials - Presentation of all materials needed to investigate the alibi - Failure to disprove the alibi - Whether fatal. CHUKWU V. THE STATE (1996) 9 KLR (PT 44) 1555; (1996) 7 NWLR (PT. 463) 686

 

ALIBI - Plea of Alibi - Where the plea is properly set up - It is not to be treated lightly - As the onus is on the prosecution to disprove it. CHUKWU V. THE STATE (1996) 9 KLR (PT 44) 1555; (1996) 7 NWLR (PT. 463) 686

 

APPEALS - Abuse of Court’s process - Whether advancing the same arguments in Supreme Court - As was in the lower court - Would make an appeal an abuse of Court’s process. DIELI V. IWUNO (1996) 4 KLR (PT 40) 543; (1996) 4 NWLR (PT. 445) 622

 

APPEALS - Adverse findings - Concerning the issues of pledge of the land in dispute - Whether appealed against by the appellants. UKPAKARA V. EBEVUHE (1996) 7 KLR (PT 43) 1391; (1996) 7 NWLR (PT. 460) 254

 

APPEALS - Arguments in a brief - Must be based on issues arising and related to ground of appeal - Where not so - It is incompetent. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

APPEALS - Blunders - Whether any blunders were committed by the Appellant - To justify dismissal of his appeal without any hearing. OLUMESAN V. OGUNDEPO (1996) 2 KLR (PT 38) 315; (1996) 2 NWLR (PT. 433) 628

 

APPEALS - Brief of appeal - Supplementary brief - That is contained in the same document as the reply brief - Whether incompetent. OKENWA V. GOV. IMO STATE (1996) 6 KLR (PT 42) 1227; (1996) 6 NWLR (PT. 455) 394

 

APPEALS - Brief of appeal - Where it covers argument from the original grounds - And additional grounds of appeal without leave - Whether the Appellant’s brief is incompetent. OLUMESAN V. OGUNDEPO (1996) 2 KLR (PT 38) 315; (1996) 2 NWLR (PT. 433) 628

 

APPEALS - Chieftaincy matters - Whether Court of Appeal was in error - By failing to set aside the trial court’s decision. IBRAHIM V. BARDE (1996) 12 KLR (PT 46) 1833; (1996) 9 NWLR (PT. 474) 513

 

APPEALS - Competence of appeal - Decision of Court of Appeal on an incompetent appeal - Whether valid. NALSA & TEAM ASSO. V. NNPC (1996) 3 KLR (PT 39) 479; (1996) 3 NWLR (PT. 439) 621

 

APPEALS - Competence of appeal - Is a basic and fundamental issue that touch on jurisdiction - And should be dealt with at the earliest opportunity. NALSA & TEAM ASSO. V. NNPC (1996) 3 KLR (PT 39) 479; (1996) 3 NWLR (PT. 439) 621

 

APPEALS - Competence of appeal - Where an appeal on the issue of competence is pending - Stay of proceedings is the proper course. NALSA & TEAM ASSO. V. NNPC (1996) 3 KLR (PT 39) 479; (1996) 3 NWLR (PT. 439) 621

 

APPEALS - Concurrent findings lower courts - When held to be perverse. SHELL PETROLEUM V. F.B.I.R. (1996) 9 KLR (PT 44) 1756; (1996) 8 NWLR (PT. 466) 256

 

APPEALS - Concurrent findings of courts - Whether to be interfered with - Where there is no sufficient reason to warrant such interference. GIRA V. THE STATE (1996) 4 KLR (PT 40) 638; (1996) 4 NWLR (PT. 443) 375

 

APPEALS - Concurrent findings of Courts - Appellate Court will not interfere - Where no special circumstances exist. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

APPEALS - Concurrent findings of fact - Appeal against concurrent findings of fact - Is not an abuse of Court’s process. DIELI V. IWUNO (1996) 4 KLR (PT 40) 543; (1996) 4 NWLR (PT. 445) 622

 

APPEALS - Concurrent findings of fact - Made by the two lower courts - When supreme Court will not interfere. SHITTU V. EGBEYEMI (1996) 7 KLR (PT 43) 1303; (1996) 6 NWLR (PT. 457) 650

 

APPEALS - Concurrent findings of fact - Supreme Court will not interfere - with concurrent findings of facts - Where there are no grounds for so doing. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

APPEALS - Concurrent findings of fact - That are not perverse or insupportable - Will not be interfered with. THEOPHILUS V. THE STATE (1996) 1 KLR (PT 37) 62; (1996) 1 NWLR (PT. 423) 139

 

APPEALS - Concurrent findings of fact - Where appellant fails to establish exceptional circumstances - Appellate court will not interfere. OHUNYON V. THE STATE (1996) 2 KLR (PT 38) 359; (1996) 3 NWLR (PT. 436) 264

 

APPEALS - Concurrent findings of fact - Where not supported by evidence - Supreme Court will interfere. UNION BANK NYOYE (1996) 2 KLR (PT 38) 409; (1996) 3 NWLR (PT. 435) 135

 

APPEALS - Concurrent findings of fact - Where supported by overwhelming evidence - Supreme Court will not interfere therewith - In the absence of substantial error. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

APPEALS - Concurrent findings of fact - Whether perverse in this case. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

APPEALS - Concurrent findings of facts - Appellate court will not interfere therewith - Save where the circumstances justify interference. OLUGBODE V. SANGODEYI (1996) 4 KLR (PT 40) 618; (1996) 4 NWLR (PT. 444) 500

 

APPEALS - Concurrent findings - Sentiments - Cannot cause the Supreme Court - To disturb concurrent findings of lower courts. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

APPEALS - Concurrent findings - That did not occasion miscarriage of justice - Will be affirmed. OSHUNRINDE V. AKANDE (1996) 6 KLR (PT 42) 1169; (1996) 6 NWLR (PT. 455) 383

 

APPEALS - Concurrent findings - Where justified and supported by evidence - They will not be altered. OLAGUNJI V. OYENIRAN (1996) 6 KLR (PT 42) 981; (1996) 6 NWLR (PT. 453) 127

 

APPEALS - Concurrent findings - Where no new thing is advanced - Interference will not be granted. AJEWOLE V. ADETIMO (1996) 2 KLR (PT 38) 286; (1996) 2 NWLR (PT. 431) 391

 

APPEALS - Consideration of the grounds of appeal - By the Court of Appeal in affirming trial court’s decision - Whether inadequate - As to warrant alteration of the concurrent findings. OGUNBIYI V. ISHOLA (1996) 5 KLR (PT 41) 939; (1996) 6 NWLR (PT. 452) 12

 

APPEALS - Criticism - Court of Appeal’s assertion - That trial judge relied on quantity rather than quality of witnesses’ evidence - Held to be totally unjustified. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

APPEALS - Cross appeal - Finding of trial court - Where not challenged by Cross appeal or respondent’s notice - Whether that finding must stand. BANGBOYE V. OLUSOGA (1996) 4 KLR (PT 40) 655; (1996) 4 NWLR (PT. 444) 520

 

APPEALS - Decision - On an appeal without hearing the parties - Is a fundamental defect fatal to adjudication. ONYEMEH V. EGBUCHULAM (1996) 4 KLR (PT 40) 732; (1996) 5 NWLR (PT. 448) 255

 

APPEALS - Delay - Whether appellant had exhibited any delaying tactic in the prosecution of his appeal - To warrant refusal of his application for adjournment. OLUMESAN V. OGUNDEPO (1996) 2 KLR (PT 38) 315; (1996) 2 NWLR (PT. 433) 628

 

APPEALS - Dismissal - Fair hearing - Application for dismissal of appeal - Failure to hear the other party before granting the application - Is a violation of the right to fair hearing. OLUMESAN V. OGUNDEPO (1996) 2 KLR (PT 38) 315; (1996) 2 NWLR (PT. 433) 628

 

APPEALS - Dismissal of appeal - Non notification of appellants thereof - Where Supreme Court acts under Order 6 rule 3(2) - To dismiss appellants appeal - Whether any infringement of right of fair hearing. CHIME V. UDE (1996) 7 KLR (PT 43) 1487; (1996) 7 NWLR (PT. 461) 379

 

APPEALS - Error in judgment - Where Court of Appeal erroneously attributed respondent’s grounds of appeal to the appellant - The judgment is in a confused state. OGUNSOLA V. NICON (1996) 1 KLR (PT 37) 79; (1996) 1 NWLR (PT. 423) 126

 

APPEALS - Error of lower court - When appellant is not entitled to succeed - In spite of such error. AYORINDE V. A-G OYO STATE (1996) 2 KLR (PT 38) 426; (1996) 3 NWLR (PT. 434) 20

 

APPEALS - Error of trial court - Where found to be minor - Appeal court should not overlook the preponderance of evidence - And wrongfully overrule the trial court. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

APPEALS - Evaluation of evidence - By the trial court - When an appellate should not substitute its own view. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

APPEALS - Evaluation of evidence - Where the trial court failed to properly evaluate the evidence - Whether appellate court should intervene. YESUFU V. KUPPER INT. N.V. (1996) 4 KLR (PT 40) 599; (1996) 5 NWLR (PT. 446) 17

 

APPEALS - Evaluation of Evidence - Whether court of Appeal failed - To properly evaluate the totality of evidence. AKPAN V. UTIN (1996) 6 KLR (PT 42) 1180; (1996) 7 NWLR (PT. 463) 634

 

APPEALS - Evidence - Where not evaluated by the trial court - Whether appellate court should interfere. EZEAFULUKWE V. JOHN HOLT LTD (1996) 2 KLR (PT 38) 300; (1996) 2 NWLR (PT. 432) 511

 

APPEALS - Existence of a decision - Where the decision appealed against has been rectified - That decision cannot be appealed against. JOSIAH CORNELIUS LTD. V. EZENWA (1996) 4 KLR (PT 40) 703; (1996) 4 NWLR (PT. 443) 391

 

APPEALS - Existence of appeal - Whether from the records - Respondent’s appeal that was not brought to the trial court’s notice - Was actually filed and in existence. JOSIAH CORNELIUS LTD. V. EZENWA (1996) 4 KLR (PT 40) 703; (1996) 4 NWLR (PT. 443) 391

 

APPEALS - Extension of time to appeal - Absence of prayer for extension of time to appeal - In application of appellants - Rendered application incompetent. FUNDUK ENGINEERING V. MADAKI (1996) 7 KLR (PT 43) 1319

 

APPEALS - Extension of time to appeal - Failure to add prayer for enlargement of time to appeal - Court of Appeal erred in granting that prayer. FUNDUK ENGINEERING V. MADAKI (1996) 7 KLR (PT 43) 1319

 

APPEALS - Extension of time to appeal - Party who obtained leave of Court to appeal - Must do so within time - Or must make application to court - for extension of time to appeal. FUNDUK ENGINEERING V. MADAKI (1996) 7 KLR (PT 43) 1319

 

APPEALS - Extra judicial exercise - By the trial court in supplying missing evidence - Whether award derived therefrom - Was properly set aside. UGOCHUKWU V. C.C.B. LTD. (1996) 7 KLR (43) 1267; (1996) 6 NWLR (PT. 456) 524

 

APPEALS - Finding of fact - Made by the trial court - Whether the Court of Appeal rightly interfered therewith. EIGBEJALE V. OKE (1996) 5 KLR (PT 41) 829; (1996) 5 NWLR (PT. 447) 128

 

APPEALS - Finding of fact - Where not appealed against - Stands admitted and undisputed. OLUKOGA V. FATUNDE (1996) 9 KLR (PT 44) 1539; (1996) 7 NWLR (PT. 462) 516

 

APPEALS - Finding of lower courts - That the property in issue was mortgaged - Whether to be disturbed. UGOCHUKWU V. C.C.B. LTD. (1996) 7 KLR (43) 1267; (1996) 6 NWLR (PT. 456) 524

 

APPEALS - Finding of trial court - Where not challenged by Cross appeal or respondent’s notice - Whether that finding must stand. BANGBOYE V. OLUSOGA (1996) 4 KLR (PT 40) 655; (1996) 4 NWLR (PT. 444) 520

 

APPEALS - Findings of fact - Appellate court’s power of interference with findings of fact of trial court - Is confined within narrow and limited dimensions. AKPAN V. UTIN (1996) 6 KLR (PT 42) 1180; (1996) 7 NWLR (PT. 463) 634

 

APPEALS - Findings of fact - By trial court - Where supported by abundant evidence - It should not be reversed. INSURANCE BROKERS V. ATLANTIC TEXTILES (1996) 9 KLR (PT 44) 1675; (1996) 8 NWLR (PT. 466) 316

 

APPEALS - Findings of fact - Land Law - Whether trial court’s findings were rightly disturbed. NNEJI V. CHUKWU (1996) 12 KLR (PT 46) 2226; (1996) 10 NWLR (PT. 478) 265

 

APPEALS - Findings of fact - Made by the trial court - Whether rightly attacked. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

APPEALS - Findings of fact - Made by the trial court - Whether properly set aside by the Court of Appeal. TSOKWA MOTORS LTD. V. UNION BANK (1996) 10 KLR (PT 45) 1815; (1996) 9 NWLR (PT. 471) 129

 

APPEALS - Findings of fact - Of trial court - Affirmed by the Court of Appeal - Whether erroneous. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

APPEALS - Findings of fact - Sole reason for reversing them - Whether tenable - Seeing that a plaintiff is entitled to rely on favourable defence evidence. EIGBEJALE V. OKE (1996) 5 KLR (PT 41) 829; (1996) 5 NWLR (PT. 447) 128

 

APPEALS - Findings of fact - Where supported by evidence - Appellant court cannot substitute its own views on the evidence. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

APPEALS - Findings of facts - Where not supportable from the evidence - It will be reversed by the appellate court. RUNSEWE V. ODUTOLA (1996) 3 KLR (PT 39) 515; (1996) 4 NWLR (PT. 441) 143

 

APPEALS - Findings of trial court - In a land dispute - Where amply supported by evidence - Appellate Courts shall uphold them. UME V. OKORONKWO (1996) 12 KLR (PT 46) 2297; (1996) 10 NWLR (PT. 477) 133

 

APPEALS - Findings of trial court - Supported by evidence and affirmed by Court of Appeal - Supreme Court will not interfere except perverse. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

APPEALS - Findings of trial court - Where unimpeachable - Whether Court of Appeal was justified - In upholding the findings. UKPAKARA V. EBEVUHE (1996) 7 KLR (PT 43) 1391; (1996) 7 NWLR (PT. 460) 254

 

APPEALS - Ground of appeal - Where leave was not obtained to argue ground of mixed law and fact - Whether that ground is incompetent. YUSUF V. UNION BANK (1996) 6 KLR (PT 42) 1249; (1996) 6 NWLR (PT. 457) 632

 

APPEALS - Grounds of appeal - Court of Appeal’s finding that certain grounds - Were of fact or mixed law and fact - Whether proper. OBATOYINBO V. OSHATOBA (1996) 5 KLR (41) 854; (1996) 5 NWLR (PT. 450) 531

 

APPEALS - Grounds of appeal - Need to obtain leave to argue facts or mixed law and facts. OJO V. IGHODALO (1996) 5 KLR (PT 41) 874; (1996) 5 NWLR (PT. 450) 507

 

APPEALS - Grounds of appeal - Objection to some grounds as being improper - Failure to rule on the objection is wrong. ONYEKWULUJE V. ANIMASHAUN (1996) 3 KLR (PT 39) 494; (1996) 3 NWLR (PT. 439) 637

 

APPEALS - Grounds of appeal - Omnibus ground that judgment is against the weight of evidence - Purpose and effect thereof. AJIBONA V. KOLAWOLE (1996) 12 KLR (PT 46) 2048; (1996) 10 NWLR (PT. 476) 22

 

APPEALS - Grounds of appeal - That did not arise from lower court’s decision appealed against - Whether competent. OBATOYINBO V. OSHATOBA (1996) 5 KLR (41) 854; (1996) 5 NWLR (PT. 450) 531

 

APPEALS - Grounds of appeal - That went far beyond the issues decided by the lower court - Are not competent. OBATOYINBO V. OSHATOBA (1996) 5 KLR (41) 854; (1996) 5 NWLR (PT. 450) 531

 

APPEALS - Grounds of appeal - Where a ground deals with an issue that was not raised in the lower courts - Whether that ground is competent. OGUNBIYI V. ISHOLA (1996) 5 KLR (PT 41) 939; (1996) 6 NWLR (PT. 452) 12

 

APPEALS - Grounds of appeal - Where the conclusion reached by the trial court on the evidence was wrong - Whether substantive ground is required - Before Court of Appeal can intervene. AJIBONA V. KOLAWOLE (1996) 12 KLR (PT 46) 2048; (1996) 10 NWLR (PT. 476) 22

 

APPEALS - Grounds of appeal - Where the ground is one of law - Preliminary objection against it will be overruled. ASHDC V. EMEKWUE (1996) 1 KLR (PT 37) 91; (1996) 1 NWLR (PT. 426) 505

 

APPEALS - Grounds of appeal - Where the issue upon which a ground is predicated - Was never part of the lower court’s decision - Whether that ground is proper. OGUNBIYI V. ISHOLA (1996) 5 KLR (PT 41) 939; (1996) 6 NWLR (PT. 452) 12

 

APPEALS - Grounds of appeal - Where leave was not obtained - Grounds of fact or mixed law and fact - Will be struck out for being incompetent. OBATOYINBO V. OSHATOBA (1996) 5 KLR (41) 854; (1996) 5 NWLR (PT. 450) 531

 

APPEALS - Grounds of fact or mixed law and fact - Cannot be argued - Without leave of Court. AKUNYILI V. EJIDIKE (1996) 4 KLR (PT 40) 747; (1996) 5 NWLR (PT. 449) 381

 

APPEALS - Hearing of appeal - Writing of judgment based solely on briefs filed by parties - Amounts to no hearing - As it is contrary to the Rules. ONYEMEH V. EGBUCHULAM (1996) 4 KLR (PT 40) 732; (1996) 5 NWLR (PT. 448) 255

 

APPEALS - Issue canvassed in the lower court - By the defendants - Whether plaintiffs can now raise that issue before the Supreme Court. NNEJI V. CHUKWU (1996) 12 KLR (PT 46) 2226; (1996) 10 NWLR (PT. 478) 265

 

APPEALS - Issue - Consideration of an issue - Where no useful purposes will be served - A merely academic issue will not be considered. YESUFU V. KUPPER INT. N.V. (1996) 4 KLR (PT 40) 599; (1996) 5 NWLR (PT. 446) 17

 

APPEALS - Issue - Failure of lower court to consider an issue before it - Whether miscarriage of justice was occasioned. OKONKWO V. OGBOGU (1996) 4 KLR (PT 40) 810; (1996) 5 NWLR (PT. 449) 420

 

APPEALS - Issue for determination - Should arise and relate to a ground of appeal. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

APPEALS - Issue not presented - Whether the appellate Federal High Court lacked jurisdiction - Merely because it added “exclusively” - In determining the issue before it. SHELL PETROLEUM V. F.B.I.R. (1996) 9 KLR (PT 44) 1756; (1996) 8 NWLR (PT. 466) 256

 

APPEALS - Issue not raised - By either of the parties from their grounds of appeal - Whether properly raised and resolved by the lower court. EIGBEJALE V. OKE (1996) 5 KLR (PT 41) 829; (1996) 5 NWLR (PT. 447) 128

 

APPEALS - Issue - Not raised in the lower court - Circumstances under which it may be considered. OKONKWO V. OGBOGU (1996) 4 KLR (PT 40) 810; (1996) 5 NWLR (PT. 449) 420

 

APPEALS - Issue - Preliminary objection that issues do not emanate from the grounds - Whether well founded. JOSIAH CORNELIUS LTD. V. EZENWA (1996) 4 KLR (PT 40) 703; (1996) 4 NWLR (PT. 443) 391

 

APPEALS - Issue - That does not flow from any ground of appeal - Whether to be struck out. OJO V. IGHODALO (1996) 5 KLR (PT 41) 874; (1996) 5 NWLR (PT. 450) 507

 

APPEALS - Issues - Considered by the Court of Appeal - Whether sufficient for proper determination of the appeal. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

APPEALS - Issues - New issues raised by the appellant - Where they are points that arose for the first time in the Court of Appeal - They can be raised without leave of court. OGUNSOLA V. NICON (1996) 1 KLR (PT 37) 79; (1996) 1 NWLR (PT. 423) 126

 

APPEALS - Issues - That are not predicated on the grounds of appeal - Whether the grounds should be deemed abandoned - Unto dismissing the appeal. JOSIAH CORNELIUS LTD. V. EZENWA (1996) 4 KLR (PT 40) 703; (1996) 4 NWLR (PT. 443) 391

 

APPEALS - Issues - Whether Court of Appeal was wrong - In considering the issues raised - Instead of the grounds. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

APPEALS - Judgment - Setting same aside - Failure of the main relief embodying other reliefs granted - Where there is no appeal against those other reliefs - Whether the entire claim will be dismissed. RABIU V. ABASI (1996) 7 KLR (PT 43) 1380; (1996) 7 NWLR (PT. 462) 505

 

APPEALS - Jurisdiction of Court of Appeal - To evaluate appeal like court of first instance - Should have been exercised - Instead of ordering a retrial. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

APPEALS - Leave - Issue that was not pleaded before the trial court - Cannot be raised on appeal without leave. YUSUF V. UNION BANK (1996) 6 KLR (PT 42) 1249; (1996) 6 NWLR (PT. 457) 632

 

APPEALS - Leave to appeal - Where no leave was obtained to appeal against a ruling - That ruling cannot be attacked through the 1st appeal. JOSIAH CORNELIUS LTD. V. EZENWA (1996) 4 KLR (PT 40) 703; (1996) 4 NWLR (PT. 443) 391

 

APPEALS - Merit - Action to set aside a registered sublease - Refused the two lower Courts - Appeal allowed for having great merit. ASHDC V. EMEKWUE (1996) 1 KLR (PT 37) 91; (1996) 1 NWLR (PT. 426) 505

 

APPEALS - Nullity - Judgment of Court of Appeal - On an appeal that was never heard - Is a nullity - Hearing being a fundamental requirement for a valid adjudication. ONYEMEH V. EGBUCHULAM (1996) 4 KLR (PT 40) 732; (1996) 5 NWLR (PT. 448) 255

 

APPEALS - Observation of lower court - Whether a misconception of plaintiff’s pleadings. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

APPEALS - Order of retrial - By Appellate Court - Where the order meets justice of the case - Court was perfectly right in making the order. OLUMOLU V. ISIAMIC TRUST OF NIGERIA (1996) 2 KLR (PT 38) 200; (1996) 2 NWLR (PT. 430) 253

 

APPEALS - Order - Where the lower courts failed to make the proper order - Circumstances under which the Supreme Court will intervene. ABUSOMWAN V. AIWERIOBA (1996) 3 KLR (PT 39) 504; (1996) 4 NWLR (PT. 441) 130

 

APPEALS - Parties to a proceeding - One that is not a party to a counter claim - Has no right of appeal - Save where he secures leave of court. TSOKWA MOTORS LTD. V. UNION BANK (1996) 10 KLR (PT 45) 1815; (1996) 9 NWLR (PT. 471) 129

 

APPEALS - Point of law - As to whether defendant was a juristic person - Where that point is a new issue and is not related to any ground of appeal - Whether the issue ought to be struck out. ANIMASHAUN V. UNIVERSITY COLLEGE HOSPITAL (1996) 12 KLR (PT 46) 2035; (1996) 10 NWLR (PT. 476) 65

 

APPEALS - Point of law - Relating to the effect of a chieftaincy law - Sought to be raised newly - Whether substantial. OKENWA V. GOV. IMO STATE (1996) 6 KLR (PT 42) 1227; (1996) 6 NWLR (PT. 455) 394

 

APPEALS - Point of law - Where the new point sought to be raised - Relates to interpretation and effect of a statute - Whether the issue of failure to plead that point - Should arise. OKENWA V. GOV. IMO STATE (1996) 6 KLR (PT 42) 1227; (1996) 6 NWLR (PT. 455) 394

 

APPEALS - Point of law - Whether the issue sought to be raised - Is an attempt to raise an entirely new case. OKENWA V. GOV. IMO STATE (1996) 6 KLR (PT 42) 1227; (1996) 6 NWLR (PT. 455) 394

 

APPEALS - Preliminary objection - Factors that will determine propriety of the objection - When not to be considered. ONYEMEH V. EGBUCHULAM (1996) 4 KLR (PT 40) 732; (1996) 5 NWLR (PT. 448) 255

 

APPEALS - Preliminary objection - Lacks substance - As grounds of appeal does not offend the provisions of Supreme Court Rules. EDOSOMWAN V. OGBEYFUN (1996) 4 KLR (PT 40) 580; (1996) 4 NWLR (PT. 442) 266

 

APPEALS - Preliminary objection - Where Counsel’s contention is a clear misconception of issues raised - Preliminary objection lacks substance. EDOSOMWAN V. OGBEYFUN (1996) 4 KLR (PT 40) 580; (1996) 4 NWLR (PT. 442) 266

 

APPEALS - Retrial - Exempting one of the defendants from the ordered retrial - Whether proper. KAREEM V. UNION BANK (1996) 5 KLR (PT 41) 966; (1996) 5 NWLR (PT. 451) 634

 

APPEALS - Retrial - Substantial irregularity - That cannot be corrected - So as to be consistent with a decision on the merit - Is a ground for ordering a retrial. KAREEM V. UNION BANK (1996) 5 KLR (PT 41) 966; (1996) 5 NWLR (PT. 451) 634

 

APPEALS - Retrial - Whether ground for ordering a retrial - Arose in the present case. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

APPEALS - Reversal - Wrongful exclusion of evidence - Whether a ground for reversal of a decision - In all circumstances. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

APPEALS - Reversal - Of trial court’s judgment by the Court of Appeal - Whether against the weight of evidence. UGOCHUKWU V. C.C.B. LTD. (1996) 7 KLR (43) 1267; (1996) 6 NWLR (PT. 456) 524

 

APPEALS - Right of appeal - Is excluded under any of the three cases set out - In s. 220 (2) (a) (b) and (c) of the 1979 constitution. NATIONAL BANK LTD. V. WEIDE & CO. LTD (1996) 9 KLR (PT 44) 1691; (1996) 8 NWLR (PT. 465) 150

 

APPEALS - Right of appeal - Plaintiff has no right of appeal to the judgment of trial court - That granted unconditional leave to defend - Pursuant to s. 220 (2) (a) of the Constitution. NATIONAL BANK LTD. V. WEIDE & CO. LTD (1996) 9 KLR (PT 44) 1691; (1996) 8 NWLR (PT. 465) 150

 

APPEALS - Right of Appeal - Exercise of constitutional right of appeal - Is not an abuse of Court’s process. DIELI V. IWUNO (1996) 4 KLR (PT 40) 543; (1996) 4 NWLR (PT. 445) 622

 

APPEALS - Right of Appeal - Only a party to proceedings - Can appeal to the Court of Appeal without any inhibition on his capacity. FUNDUK ENGINEERING V. MADAKI (1996) 7 KLR (PT 43) 1319

 

APPEALS - Slip in judgment - Must be substantial - To warrant allowing the appeal. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

APPEALS - Statutory period of appeal - Application for leave of court to appeal - Whether period is prescribed under statute - Within which a person interested is to bring his application. FUNDUK ENGINEERING V. MADAKI (1996) 7 KLR (PT 43) 1319

 

APPEALS - Stay of proceedings - Where record of appeal is pending before the Supreme Court - Any application including stay of proceedings - Can directly be made to the Supreme Court. BIOCON LTD V. KUDU HOLDINGS (1996) 2 KLR (PT 38) 440; (1996) 3 NWLR (PT. 437) 373

 

APPEALS - Striking out proceedings - The Supreme court has inherent power - To strike out any proceedings for want of prosecution. CHIME V. UDE (1996) 7 KLR (PT 43) 1487; (1996) 7 NWLR (PT. 461) 379

 

APPEALS - Trial de novo - Is to be ordered only in justified circumstances. ABUSOMWAN V. AIWERIOBA (1996) 3 KLR (PT 39) 504; (1996) 4 NWLR (PT. 441) 130

 

APPEALS - Trial de novo - Where judgment was given in favour of the appellant - Whether the Court of Appeal was right in ordering trial de novo. ABUSOMWAN V. AIWERIOBA (1996) 3 KLR (PT 39) 504; (1996) 4 NWLR (PT. 441) 130

 

ARBITRATION - Appointment - Commencement of proceedings - For appointment of arbitrator by court - Is by motion as provided under s.6(2) Arbitration law. K.S.O.A.P. LTD V. KOFA TRAD. CO. LTD (1996) 2 KLR (PT 38) 339; (1996) 3 NWLR (PT. 436) 244

ARBITRATION - Appointment of Arbitrator - Application to court for the same - For applicant to be entitled - He must be a party to the contract. K.S.O.A.P. LTD V. KOFA TRAD. CO. LTD (1996) 2 KLR (PT 38) 339; (1996) 3 NWLR (PT. 436) 244

 

ARBITRATION - Award of arbitrators - Where parties submitted to and accepted arbitrators’ award - Whether appellants who were not parties thereto - Can attack the award. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

ARBITRATION - Customary arbitration - Where a dispute on the issue of pledge - Was voluntarily submitted to a customary arbitration - Whether their decision is binding on the parties. UME V. OKORONKWO (1996) 12 KLR (PT 46) 2297; (1996) 10 NWLR (PT. 477) 133

 

ARBITRATION - Customary arbitration - Whether in view of the sole issue before the arbitration - It was unnecessary to grant a hearing to 2nd defendant. UME V. OKORONKWO (1996) 12 KLR (PT 46) 2297; (1996) 10 NWLR (PT. 477) 133

 

ARBITRATION - Customary law - Award of arbitrators - In Exhibits C and D - Was that respondents are owners of the land in dispute. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

ARBITRATION - Decision of arbitrators - Accepted by parties to it - Is effective and enforceable - As decision of a court of law. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

ARBITRATION - Decision of arbitrators - Binds parties thereto - And court will enforce it in appropriate cases. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

ARBITRATION - Native - Whether evidence of native arbitration - Ought to have been considered - Seeing it could create estoppel by way of res judicata. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

ARBITRATION - Parties to the contract - Whether applicant is a party to the contract - To entitle it to pray for the appointment of an arbitrator. K.S.O.A.P. LTD V. KOFA TRAD. CO. LTD (1996) 2 KLR (PT 38) 339; (1996) 3 NWLR (PT. 436) 244

 

ARBITRATION - Possession - Decision of arbitration - Or previous judgment - Where it cannot operate as estoppel - Can properly constitute act of possession. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

BANKING - Banking custom - Burden of proof thereof - Lies on whoever alleges that custom. UNION BANK NYOYE (1996) 2 KLR (PT 38) 409; (1996) 3 NWLR (PT. 435) 135

 

BANKING - Bill of Exchange Act s. 48 - Comes into play only when a cheque is dishonoured - And not when it is lost. TSOKWA & CO. LTD. V. UNION BANK (1996) 12 KLR (PT 46) 2254; (1996) 9 NWLR (PT. 471) 129

 

BANKING - Cheque - That has not been cleared - Does not put a customer’s account in funds. UNION BANK NYOYE (1996) 2 KLR (PT 38) 409; (1996) 3 NWLR (PT. 435) 135

 

BANKING - Cheques - Customer drawing money before the clearing of paid in cheques - Where those cheques got lost - And were never cleared - The customer is liable to repay the amount drawn. TSOKWA & CO. LTD. V. UNION BANK (1996) 12 KLR (PT 46) 2254; (1996) 9 NWLR (PT. 471) 129

 

BANKING - Dishonouring a cheque - Liability of a bank for so doing - When and how does it arise. SAVANNAH BANK V. SALAMI (1996) 9 KLR (PT 44) 1737; (1996) 8 NWLR (PT. 465) 131

 

BANKING - Guarantee - Condition that the account of the guarantor shall be blocked - To maintain a minimum of the amount guaranteed - Implication. SAVANNAH BANK V. SALAMI (1996) 9 KLR (PT 44) 1737; (1996) 8 NWLR (PT. 465) 131

 

BANKING - Liability of Bankers - For dishonouring a cheque - When does it arise. UNION BANK NYOYE (1996) 2 KLR (PT 38) 409; (1996) 3 NWLR (PT. 435) 135

 

BANKING - Liquidated amount - Being claimed by the appellant - Was not proved. TSOKWA & CO. LTD. V. UNION BANK (1996) 12 KLR (PT 46) 2254; (1996) 9 NWLR (PT. 471) 129

 

CHIEFTAINCY MATTERS - Admission - Contents of a chieftaincy declaration - Where admitted in evidence - Whether there is need to tender it. OLAGUNJI V. OYENIRAN (1996) 6 KLR (PT 42) 981; (1996) 6 NWLR (PT. 453) 127

 

CHIEFTAINCY MATTERS - Appeals -Whether Court of Appeal was in error - By failing to set aside the trial court’s decision. IBRAHIM V. BARDE (1996) 12 KLR (PT 46) 1833; (1996) 9 NWLR (PT. 474) 513

 

CHIEFTAINCY MATTERS - Appointment of a chief - Where declared null and void by the Court - The vacancy that arose remained unfilled - And no new vacancy is created. ADEFULU V. OKULAJA (1996) 12 KLR (PT 46) 2065; (1996) 9 NWLR (PT. 475) 668

 

CHIEFTAINCY MATTERS - Appointment of a chief - Whether defendant not being a member of the ruling house - Whose turn it is to present candidate - Is qualified for appointment. OLADELE V. AROMOLARAN II (1996) 6 KLR (PT 42) 1032; (1996) 6 NWLR (PT. 453) 180

 

CHIEFTAINCY MATTERS - Appointment of Warrant Kingmakers - Whether Government is justified - In appointing warrant Kingmakers. OYEKAN V. AKINRINWA (1996) 7 KLR (PT 43) 1460; (1996) 7 NWLR (PT. 459) 128

 

CHIEFTAINCY MATTERS - Averments made by plaintiffs - Whether supported by the evidence adduced - At the trial. OLADOYE V. ADMINISTRATOR OSUN STATE (1996) 12 KLR (PT 46) 2015; (1996) 10 NWLR (PT. 476) 38

 

CHIEFTAINCY MATTERS - Concurrent findings - That there are three ruling families - Whether to be interfered with. OLADOYE V. ADMINISTRATOR OSUN STATE (1996) 12 KLR (PT 46) 2015; (1996) 10 NWLR (PT. 476) 38

 

CHIEFTAINCY MATTERS - Custom - Introduction of a new custom by the appellant - Whether proved to the court’s satisfaction. JOKANOLA V. GOV. OYO STATE (1996) 5 KLR (PT 41) 924; (1996) 5 NWLR (PT. 446) 1

 

CHIEFTAINCY MATTERS - Custom - Relating to the appointment of a chief - It is the duty of the unsuccessful candidate - To prove non compliance with the custom. JOKANOLA V. GOV. OYO STATE (1996) 5 KLR (PT 41) 924; (1996) 5 NWLR (PT. 446) 1

 

CHIEFTAINCY MATTERS - Eligibility for nomination - Whether the grandson of a previous holder of the title - Is eligible for nomination. OLADOKUN V. GOVERNOR OYO STATE (1996) 9 KLR (PT 44) 1572

 

CHIEFTAINCY MATTERS - Fair hearing - Where a party has been heard by the commission of Inquiry - Whether he is to be heard again by the Executive Council - During its consideration of the Report. OLAGUNJI V. OYENIRAN (1996) 6 KLR (PT 42) 981; (1996) 6 NWLR (PT. 453) 127

 

CHIEFTAINCY MATTERS - Family meeting - To nominate a chieftaincy candidate - Where not summoned by the appropriate authority - Whether valid. OLADOKUN V. GOVERNOR OYO STATE (1996) 9 KLR (PT 44) 1572

 

CHIEFTAINCY MATTERS - Governor’s Order - That created chieftaincy electoral college - Where power to make the Order was not available under the section relied upon - Whether any other enabling legislation will be considered. IBRAHIM V. BARDE (1996) 12 KLR (PT 46) 1833; (1996) 9 NWLR (PT. 474) 513

 

CHIEFTAINCY MATTERS - Hypothetical questions - In respect of a chieftaincy dispute - Whether high court has jurisdiction to determine it. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

CHIEFTAINCY MATTERS - Judgment - Null and void declaration - Madeby the Supreme Court concerning a chieftaincy appointment - Implies that the appointment was never made. ADEFULU V. OKULAJA (1996) 12 KLR (PT 46) 2065; (1996) 9 NWLR (PT. 475) 668

 

CHIEFTAINCY MATTERS - Judgment - Whether the grant of some of the claims - Affected the main question between the parties. OLADOYE V. ADMINISTRATOR OSUN STATE (1996) 12 KLR (PT 46) 2015; (1996) 10 NWLR (PT. 476) 38

 

CHIEFTAINCY MATTERS - Judgment - Whether there is anything in the judgment - That calls on the Kingmakers to act - On the previous nomination list presented by the entitled ruling house. ADEFULU V. OKULAJA (1996) 12 KLR (PT 46) 2065; (1996) 9 NWLR (PT. 475) 668

 

CHIEFTAINCY MATTERS - Kingmakers meeting - Where some of those entitled to attend were not invited - The meeting was invalid. OLADOKUN V. GOVERNOR OYO STATE (1996) 9 KLR (PT 44) 1572

 

CHIEFTAINCY MATTERS - Lacuna in a Chieftaincy Declaration - As to number of candidates to be nominated - Can be filled by evidence. OLADOKUN V. GOVERNOR OYO STATE (1996) 9 KLR (PT 44) 1572

 

CHIEFTAINCY MATTERS - Legislation - Gazetted notification of appointment of Chief - Whether capable of curing the defect in the appointment. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

CHIEFTAINCY MATTERS - Point of law - Relating to the effect of a chieftaincy law - Sought to be raised newly - Whether substantial. OKENWA V. GOV. IMO STATE (1996) 6 KLR (PT 42) 1227; (1996) 6 NWLR (PT. 455) 394

 

CHIEFTAINCY MATTERS - Prescribed authority - In respect of a minor Chieftaincy - Whether he acted ultra vires - By conducting inquiry - Unto determination of the ruling families. OLADOYE V. ADMINISTRATOR OSUN STATE (1996) 12 KLR (PT 46) 2015; (1996) 10 NWLR (PT. 476) 38

 

CHIEFTAINCY MATTERS - Presentation and installation of a chief - Method thereof under the Registered Declaration - Whether violated. OYEKAN V. AKINRINWA (1996) 7 KLR (PT 43) 1460; (1996) 7 NWLR (PT. 459) 128

 

CHIEFTAINCY MATTERS - Qualifications stipulated under the Declaration - Whether disjunctive or conjunctive interpretation - Should be adopted. OLADOKUN V. GOVERNOR OYO STATE (1996) 9 KLR (PT 44) 1572

 

CHIEFTAINCY MATTERS - Recommendations - Made by a commission in respect of a chieftaincy declaration - Whether binding on the government. OLAGUNJI V. OYENIRAN (1996) 6 KLR (PT 42) 981; (1996) 6 NWLR (PT. 453) 127

 

CHIEFTAINCY MATTERS - Registered chieftaincy declaration - In respect of the chieftaincy in issue - Whether there is any Lacuna therein. JOKANOLA V. GOV. OYO STATE (1996) 5 KLR (PT 41) 924; (1996) 5 NWLR (PT. 446) 1

 

CHIEFTAINCY MATTERS - Registered declaration - A registered declaration where it exist - Is admissible in evidence of the customary law - Relating to the appointment and selection of the chief it pertains to. OLADELE V. AROMOLARAN II (1996) 6 KLR (PT 42) 1032; (1996) 6 NWLR (PT. 453) 180

 

CHIEFTAINCY MATTERS - Steps to appointing a chief - Where two of the steps were validly concluded - Effect of Court’s null and void declaration - Is for the final step of the exercise to be performed. ADEFULU V. OKULAJA (1996) 12 KLR (PT 46) 2065; (1996) 9 NWLR (PT. 475) 668

 

CHIEFTAINCY MATTERS - Succession to stool - Right of succession to the stool in issue - Lies in both male and female lines. OYEKAN V. AKINRINWA (1996) 7 KLR (PT 43) 1460; (1996) 7 NWLR (PT. 459) 128

 

CHIEFTAINCY MATTERS - Validity of appointment of the chief - Where the procedures adopted are invalid - The appointment of the 14th defendant is null and void. OLADOKUN V. GOVERNOR OYO STATE (1996) 9 KLR (PT 44) 1572

 

CHIEFTAINCY MATTERS - Validity of appointment - Where the nomination of appellant was invalid - Whether his installation as the Chief is null and void. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

CHIEFTAINCY MATTERS - Words & phrases - “Sons of a previous holder of the title”- Whether to include grand son. OLADOKUN V. GOVERNOR OYO STATE (1996) 9 KLR (PT 44) 1572

 

CLAIMS - Alternative claim - Where judgment was given for the mainclaim - Judgment need not be given for the alternative claim. YESUFU V. KUPPER INT. N.V. (1996) 4 KLR (PT 40) 599; (1996) 5 NWLR (PT. 446) 17

 

CLAIMS - Amended claim - Court fee not paid in respect thereof - Therelief should not be entertained. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

CLAIMS - Basis of claim - Plaintiff’s claim succeeded on the partnership agreement - And not merely on the undertaking given by the 1st appellant. YESUFU V. KUPPER INT. N.V. (1996) 4 KLR (PT 40) 599; (1996) 5 NWLR (PT. 446) 17

 

CLAIMS - Competence - Where no payment of court fee was made - In respect of appellants’ now claim for forfeiture - Whether that claim is competent. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

CLAIMS - Counter claim -Title - Where defendants also claim title in their counter claim - They cannot rely on plaintiffs’ admissions - To discharge the burden on them. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

CLAIMS - Dismissal - Burden of proof - Principal issue submitted by the plaintiff - Where not proved by him - Whether his case was rightly dismissed. OLANLEGE V. AFRO CONTINENTAL LTD. (1996) 7 KLR (PT 43) 1416; (1996) 7 NWLR (PT. 458) 29

 

CLAIMS - Dismissal - Claim for trespass by the appellant against respondents - Was quite correctly dismissed by lower courts - As respondents had acquired title in the property. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

CLAIMS - Relief not claimed - Court must not grant to a party - A relief not sought or one more than that sought. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

CLAIMS - Reliefs - Consequential Order - Whether an unclaimed relief granted - Is a consequential order. EZEONWU V. ONYECHI (1996) 2 KLR (PT 38) 382; (1996) 3 NWLR (PT. 438) 499

 

CLAIMS - Reliefs - Failure of the main relief embodying other reliefs granted - Where there is no appeal against those other reliefs - Whether the entire claim will be dismissed. RABIU V. ABASI (1996) 7 KLR (PT 43) 1380; (1996) 7 NWLR (PT. 462) 505

 

CLAIMS - Reliefs - Where plaintiff did not claim any pecuniary relief - Whether it was rightly awarded. EZEONWU V. ONYECHI (1996) 2 KLR (PT 38) 382; (1996) 3 NWLR (PT. 438) 499

 

COMPANY LAW - Directors - Undertaking given by Chairman/director of a company - Where a partnership relationship was in existence - Whether the undertaking also binds the director personally. YESUFU V. KUPPER INT. N.V. (1996) 4 KLR (PT 40) 599; (1996) 5 NWLR (PT. 446) 17

 

COMPANY LAW - Subscribers - Contention that the signature against a subscriber’s name is not his - How the defendant should discharge the onus of proof. EZEONWU V. ONYECHI (1996) 2 KLR (PT 38) 382; (1996) 3 NWLR (PT. 438) 499

 

COMPANY LAW - Subscribers - Where a party produces a copy of the Memo & Articles of Association - Containing his name and other requirements - Whether he is to be deemed a subscriber. EZEONWU V. ONYECHI (1996) 2 KLR (PT 38) 382; (1996) 3 NWLR (PT. 438) 499

CONFLICT OF LAWS - Land Use Act 1978 s. 39 - And Land Tenure Law s. 41(1) - That give original jurisdiction to High Court - In land matters touching on statutory right of occupancy - Whether there is any conflict. SADIUKWU V. DALORI (1996) 4 KLR (PT 40) 796; (1996) 5 NWLR (PT. 447) 151

 

CONSTITUTIONAL LAW - Appeal - Right of appeal - Is excluded under any of the three cases set out - In s. 220 (2) (a) (b) and (c) of the 197onstitution. NATIONAL BANK LTD. V. WEIDE & CO. LTD (1996) 9 KLR (PT 44) 1691; (1996) 8 NWLR (PT. 465) 150

 

CONSTITUTIONAL LAW - Appeals - Right of appeal - Plaintiff has no right of appeal to the judgment of trial court - That granted unconditional leave to defend - Pursuant to s. 220 (2) (a) of the Constitution. NATIONAL BANK LTD. V. WEIDE & CO. LTD (1996) 9 KLR (PT 44) 1691; (1996) 8 NWLR (PT. 465) 150

 

CONSTITUTIONAL LAW - Fair hearing - Application for dismissal of appeal - Failure to hear the other party before granting the application - Is a violation of the right to fair hearing. OLUMESAN V. OGUNDEPO (1996) 2 KLR (PT 38) 315; (1996) 2 NWLR (PT. 433) 628

 

CONSTITUTIONAL LAW - Fair hearing - Breach thereof nullifies any trial - Whether party denied fair hearing must establish that he suffered any injury. OLUMESAN V. OGUNDEPO (1996) 2 KLR (PT 38) 315; (1996) 2 NWLR (PT. 433) 628

 

CONSTITUTIONAL LAW - Fair hearing - Whether non notification of appellants - That an order dismissing their appeal is to be made - Is an infringement of their right to fair hearing. CHIME V. UDE (1996) 7 KLR (PT 43) 1487; (1996) 7 NWLR (PT. 461) 379

 

CONSTITUTIONAL LAW - Fundamental right - Motion ex parte - Not to be employed in placing fundamental right - Above the country, state or people. BADEJO V. FED. MINISTER OF EDUCTION (1996) 9 KLR (PT 44) 1609; (1996) 8 NWLR (PT. 464) 15

 

CONSTITUTIONAL LAW - Fundamental right - Move to enforce it - Should not degenerate to using the court - As an instrument of subversion. BADEJO V. FED. MINISTER OF EDUCTION (1996) 9 KLR (PT 44) 1609; (1996) 8 NWLR (PT. 464) 15

 

CONSTITUTIONAL LAW - Unlawful detention - Period of detention found to be about eight years - Where not challenged by either party - It is not open to Court of Appeal to review the period. ODOGU V. A - G FEDERATION (1996) 7 KLR (PT 43) 1337; (1996) 6 NWLR (PT. 456) 508

 

CONTRACTS - Accord and Satisfaction Principle - Applies by virtue of the agreement - Between Appellant and the Federal Government. SHELL PETROLEUM V. F.B.I.R. (1996) 9 KLR (PT 44) 1756; (1996) 8 NWLR (PT. 466) 256

 

CONTRACTS - Accord and Satisfaction Principle - Applies to compensate Appellant for the exchange losses - Not the provisions of the Petroleum Profits Tax Act. SHELL PETROLEUM V. F.B.I.R. (1996) 9 KLR (PT 44) 1756; (1996) 8 NWLR (PT. 466) 256

 

CONTRACTS - Binding contract - Parties must be in consensus ad idem - On the essential terms - For there to be a binding contract. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

CONTRACTS - Carriage of goods - Contract to ship goods from one destination to another - terminates upon the arrival of the vessel. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

CONTRACTS - Competence to sue - Where plaintiff failed to prove he is a party to the contract - Competence to sue is not established. EZEAFULUKWE V. JOHN HOLT LTD (1996) 2 KLR (PT 38) 300; (1996) 2 NWLR (PT. 432) 511

 

CONTRACTS - Contractual relationship - Where not created between the parties - No contract can be enforced - Unto recovering any demurrage. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

CONTRACTS - Disposition of property - Whether a single Governor had valid power - To enter into agreement to deal with or dispose of any property - Jointly owned by three States. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

CONTRACTS - Employment - Retiring age of 60 years - Whether agreed upon by the parties. OLANLEGE V. AFRO CONTINENTAL LTD. (1996) 7 KLR (PT 43) 1416; (1996) 7 NWLR (PT. 458) 29

 

CONTRACTS - Extrinsic evidence - Instance when it can be adduced - To explain a written document. SAVANNAH BANK V. SALAMI (1996) 9 KLR (PT 44) 1737; (1996) 8 NWLR (PT. 465) 131

 

CONTRACTS - Interest on amount due - In the absence of express agreement - Or some custom to that effect - Will not be granted by court. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

CONTRACTS - Making of a contract - Contract may be made orally - Or partly oral and partly in writing - Whether the present contract of employment is oral. OLANLEGE V. AFRO CONTINENTAL LTD. (1996) 7 KLR (PT 43) 1416; (1996) 7 NWLR (PT. 458) 29

 

CONTRACTS - Offer and acceptance - Whether acceptance can arise by doing the act - Or must there be notification of the acceptance. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

CONTRACTS - Parol evidence - Where the parties contract is written - Whether parol evidence will be admitted to vary it. OLANLEGE V. AFRO CONTINENTAL LTD. (1996) 7 KLR (PT 43) 1416; (1996) 7 NWLR (PT. 458) 29

 

CONTRACTS - Parties - Transaction that was commenced and concluded before 1st Plaintiff came into existence - Whether the defendant was liable. TSOKWA MOTORS LTD. V. UNION BANK (1996) 10 KLR (PT 45) 1815; (1996) 9 NWLR (PT. 471) 129

 

CONTRACTS - Precise terms and conditions - Where a contract is lacking in necessary details - It is not legally valid. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

CONTRACTS - Privity of contract - General rule thereto. EZEAFULUKWE V. JOHN HOLT LTD (1996) 2 KLR (PT 38) 300; (1996) 2 NWLR (PT. 432) 511

 

CONTRACTS - Privity of contract - One who is not a party to a contract - Cannot claim in respect thereof. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

CONTRACTS - Quantum meruit - Proof of rendering services under an unenforceable contract - Plaintiff can recover on the value of the services rendered. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

CONTRACTS - Quantum meruit - reasonable rate of compensation - Whether ascertainable from the evidence. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

CONTRACTS - Unenforceable contract - Where appellants executed their own part of the obligation thereunder - Whether they would be entitled to reasonable compensation - On the basis of quantum meruit. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

CONTRACTS - Unilateral fixture - Of a definite age of retirement - Cannot be made by the appellant - Where the parties contract left it indefinite. OLANLEGE V. AFRO CONTINENTAL LTD. (1996) 7 KLR (PT 43) 1416; (1996) 7 NWLR (PT. 458) 29

 

CONTRACTS - Waiver - Payment of demurrage - Where it arises under a totally different arrangement - No question of waiver will operate against the appellants. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

CONVEYANCING - Delivery - Executed title deeds - Where not delivered for failure to fulfil a fundamental condition - Legal implications. ASHDC V. EMEKWUE (1996) 1 KLR (PT 37) 91; (1996) 1 NWLR (PT. 426) 505

 

CONVEYANCING - Registration - Where purport of executing and registering title documents - Is clear from the parties’ agreement - The title deeds should not be given unjustified wider meaning. ASHDC V. EMEKWUE (1996) 1 KLR (PT 37) 91; (1996) 1 NWLR (PT. 426) 505

 

CORROBORATION - Confession - Free and voluntary confession of guilt - Is sufficient to warrant conviction - Without corroboration. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

CORROBORATION - Confessional statement - Whether corroborated by other evidence before the court. EDHIGERE V. THE STATE (1996) 9 KLR (PT 44) 1661; (1996) 8 NWLR (PT. 464) 1

 

CORROBORATION - Culpable homicide - Whether a single convincing evidence - Must be corroborated. BABUGA V. THE STATE (1996) 7 KLR (PT 43) 1437; (1996) 7 NWLR (PT. 460) 270

 

COURT PROCESSES - Abuse - Appeal - Where there was an appeal against a decision - And the respondent caused the decision to be rectified - Whether pursuing that appeal is an abuse of court process. JOSIAH CORNELIUS LTD. V. EZENWA (1996) 4 KLR (PT 40) 703; (1996) 4 NWLR (PT. 443) 391

 

COURT PROCESSES - Appeals - Abuse of Court’s process - Whether advancing the same arguments in Supreme Court - As was in the lower court - Would make an appeal an abuse of Court’s process. DIELI V. IWUNO (1996) 4 KLR (PT 40) 543; (1996) 4 NWLR (PT. 445) 622

 

COURT PROCESSES - Appeals - Concurrent findings of fact - Appeal against concurrent findings of fact - Is not an abuse of Court’s process. DIELI V. IWUNO (1996) 4 KLR (PT 40) 543; (1996) 4 NWLR (PT. 445) 622

 

COURT PROCESSES - Court fees - Where not paid in respect of an amended claim - Whether the relief claimed should be entertained. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

COURT PROCESSES - Past proceedings and judgment - Where not tendered in evidence - Whether it ought to be considered by the court. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

COURTS - Accidental slip - Whether error committed by the lower court - Is mere accidental slip - Or will lead to ordering a rehearing. OGUNSOLA V. NICON (1996) 1 KLR (PT 37) 79; (1996) 1 NWLR (PT. 423) 126

 

COURTS - Case not set up by plaintiff - Where court suo motu sets up a case for a party - Whether judgment to that effect will stand. UNICAL V. ESSIEN (1996) 12 KLR (PT 46) 2184; (1996) 10 NWLR (PT. 477) 225

COURTS - Clerical mistake - Where the lower court mistakenly referred to 1st defendant as appellant - Whether any miscarriage of justice was occasioned. UME V. OKORONKWO (1996) 12 KLR (PT 46) 2297; (1996) 10 NWLR (PT. 477) 133

 

COURTS - Decision - Duty of court - Court of Appeal has a duty to make known its decision on preliminary objection - Before deciding the appeal. ONYEMEH V. EGBUCHULAM (1996) 4 KLR (PT 40) 732; (1996) 5 NWLR (PT. 448) 255

 

COURTS - Decisions - Where a wrongful application is made before the Court - It is bound to make its decision known - And not to remain silent. ONYEKWULUJE V. ANIMASHAUN (1996) 3 KLR (PT 39) 494; (1996) 3 NWLR (PT. 439) 637

 

COURTS - Discretion - Course of action by the court - Where not inherently wrong - Exercise of trial courts jurisdiction - Cannot be faulted. EMODI V. KWENTOH (1996) 2 KLR (PT 38) 232; (1996) 2 NWLR (PT. 433) 656

 

COURTS - Discretion - Exercised by the lower courts - Where not shown to be perverse - Supreme Court will not interfere. OSHUNRINDE V. AKANDE (1996) 6 KLR (PT 42) 1169; (1996) 6 NWLR (PT. 455) 383

 

COURTS - Discretion - To grant or refuse application for interlocutory injunction - Whether exercised judiciously. To grant or refuse application for interlocutory injunction - Whether exercised judiciously. AYORINDE V. A-G OYO STATE (1996) 2 KLR (PT 38) 426; (1996) 3 NWLR (PT. 434) 20

 

COURTS - Error in law - Trial Judge erred in holding Exhibits 1 & 2 - As “ancient documents” - Court of Appeal also erred - In not disturbing that finding. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

COURTS - Error in Law - It is wrong for courts - To import into case - Issues not raised by any of the parties. K.S.O.A.P. LTD V. KOFA TRAD. CO. LTD (1996) 2 KLR (PT 38) 339; (1996) 3 NWLR (PT. 436) 244

 

COURTS - Error of lower court - When appellant is not entitled to succeed - In spite of such error. To grant or refuse application for interlocutory injunction - Whether exercised judiciously. AYORINDE V. A-G OYO STATE (1996) 2 KLR (PT 38) 426; (1996) 3 NWLR (PT. 434) 20

 

COURTS - Error of trial court - Where found to be minor - Appeal court should not overlook the preponderance of evidence - And wrongfully overrule the trial court. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

COURTS - Error of trial court - Whether attempting to relate the requirements of traditional Kingmakers on literacy -Was erroneous. OYEKAN V. AKINRINWA (1996) 7 KLR (PT 43) 1460; (1996) 7 NWLR (PT. 459) 128

 

COURTS - Extra judicial exercise - By the trial court in supplying missing evidence - Whether award derived therefrom - Was properly set aside. UGOCHUKWU V. C.C.B. LTD. (1996) 7 KLR (43) 1267; (1996) 6 NWLR (PT. 456) 524

 

COURTS - Findings of fact - Where supported by evidence - Appellate court cannot substitute its own views on the evidence. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

COURTS - Imaginary scale - Failure of the trial judge to place the two sets of facts on an imaginary scale - Whether unfair against the appellant. AJIBONA V. KOLAWOLE (1996) 12 KLR (PT 46) 2048; (1996) 10 NWLR (PT. 476) 22

 

COURTS - Interlocutory injunction - Discretion of Court - To grant the application - What court considers in exercising its discretion. ACB LTD V. AWOGBORO (1996) 2 KLR (PT 38) 372; (1996) 3 NWLR (PT. 437) 383

 

COURTS - Issue not raised - By either of the parties from their grounds of appeal - Whether properly raised and resolved by the lower court. EIGBEJALE V. OKE (1996) 5 KLR (PT 41) 829; (1996) 5 NWLR (PT. 447) 128

 

COURTS - Issues - Courts are to determine live issues - Not mere academic ones. BHOJWANI V. BHOJWANI (1996) 7 KLR (PT 43) 1313; (1996) 6 NWLR (PT. 457) 661

 

COURTS - Jurisdiction of Court of Appeal - To evaluate appeal like court of first instance - Should have been exercised - Instead of ordering a retrial. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

COURTS - Native Courts - Proceedings before them - Appellate court can look at the evidence - So as to ascertain issues in dispute before the native court. NKWO V. UCHENDU (1996) 2 KLR (PT 38) 267; (1996) 3 NWLR (PT. 434) 1

 

COURTS - Relief not claimed - Court must not grant to a party - A relief not sought or one more than that sought. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

COURTS - Ruling - Court is bound to rule one way or the other - In respect of application for adjournment properly made before it. OLUMESAN V. OGUNDEPO (1996) 2 KLR (PT 38) 315; (1996) 2 NWLR (PT. 433) 628

 

COURTS - Slip in judgment - Not every slip by a judge - Will lead to his judgment being upset. JESSICA TRADING CO. LTD. V. BENDEL INSURANCE (1996) 12 KLR (PT 46) 2105; (1996) 10 NWLR (PT. 476) 1

 

COURTS - Subversion - Fundamental right - Move to enforce it - Should not degenerate to using the court - As an instrument of subversion. BADEJO V. FED. MINISTER OF EDUCTION (1996) 9 KLR (PT 44) 1609; (1996) 8 NWLR (PT. 464) 15

 

COURTS - Suo motu issues - Practice of Courts raising and deciding issue suo motu - Without hearing the parties - Is not proper. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

COURTS - Visit to locus - Court’s decision suo motu to visit Locus in quo - Without application by either party - Whether in order. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

CRIMINAL LAW - Acquittal - Procedural Error - Does not warrant discharge and Acquittal of appellant. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

CRIMINAL LAW - Cause of death - Where deceased died on the spot - It would make no difference whether deceased died from strangulation - Or from matchet cuts by same appellant. OGUNTOLU V. THE STATE (1996) 2 KLR (PT 38) 212; (1996) 2 NWLR (PT. 432) 503

 

CRIMINAL LAW - Conviction - Free and voluntary confession of guilt - Is sufficient to warrant conviction - Without corroboration. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

CRIMINAL LAW - Intoxication - Murder - Where appellant alleged that he drank 2 bottles of bear according to his capacity - Defence of intoxication cannot avail him. THEOPHILUS V. THE STATE (1996) 1 KLR (PT 37) 62; (1996) 1 NWLR (PT. 423) 139

 

CRIMINAL LAW - Murder - Inference of murder - Whether person with whom deceased was last seen alive - Is the murderer. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

CRIMINAL LAW - Murder - What the prosecution must prove beyond reasonable doubt. ABOGEDE V. THE STATE (1996) 4 KLR (PT 40) 783; (1996) 5 NWLR (PT. 448) 270

 

CRIMINAL PROCEDURE - Acquittal - Wrongful admission of evidence - When will it ground acquittal. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

CRIMINAL PROCEDURE - Admission by conduct - Clear and direct accusation of murder made against accused - Where not denied by accused - Whether evidence of admission by conduct. GIRA V. THE STATE (1996)4 KLR (PT 40) 638; (1996) 4 NWLR (PT. 443) 375

 

CRIMINAL PROCEDURE - Alibi - Presentation of all materials needed to investigate the alibi - Failure to disprove the alibi - Whether fatal. CHUKWU V. THE STATE (1996) 9 KLR (PT 44) 1555; (1996) 7 NWLR (PT. 463) 686

 

CRIMINAL PROCEDURE - Alibi - Where the plea is properly set up - It is not to be treated lightly - As the onus is on the prosecution to disprove it. CHUKWU V. THE STATE (1996) 9 KLR (PT 44) 1555; (1996) 7 NWLR (PT. 463) 686

 

CRIMINAL PROCEDURE - Cause of death - In culpable homicide charge - When lack of medical evidence and non recovery of the corpse - Will not vitiate conviction. BABUGA V. THE STATE (1996) 7 KLR (PT 43) 1437; (1996) 7 NWLR (PT. 460) 270

 

CRIMINAL PROCEDURE - Confessional statement - Is one made by appellant suggesting directly or by implication - That he committed the crime. GIRA V. THE STATE (1996) 4 KLR (PT 40) 638; (1996) 4 NWLR (PT. 443) 375

 

CRIMINAL PROCEDURE - Confessional statement - Where not attested by a senior police officer - Whether unreliable. EDHIGERE V. THE STATE (1996) 9 KLR (PT 44) 1661; (1996) 8 NWLR (PT. 464) 1

 

CRIMINAL PROCEDURE - Confessional statements - Where voluntarily made - And found to be well proved - Whether conviction was proper. EDAMINE V. THE STATE (1996) 3 KLR (PT 39) 531; (1996) 3 NWLR (PT. 438) 530

 

CRIMINAL PROCEDURE - Confessional statements - Where voluntarily made - And found to be well proved - Resiling from the statement during trial is immaterial. EDAMINE V. THE STATE (1996) 3 KLR (PT 39) 531; (1996) 3 NWLR (PT. 438) 530

 

CRIMINAL PROCEDURE - Contradiction in evidence - Where prosecution witnesses gave evidence to the limit of what they observed individually - Whether they contradicted each other. ABOGEDE V. THE STATE (1996) 4 KLR (PT 40) 783; (1996) 5 NWLR (PT. 448) 270

 

CRIMINAL PROCEDURE - Conviction - Failure by prosecution to call a particular witness - Whether a reason to vitiate conviction. OHUNYON V. THE STATE (1996) 2 KLR (PT 38) 359; (1996) 3 NWLR (PT. 436) 264

 

CRIMINAL PROCEDURE - Corroboration - Confessional statement - Whether corroborated by other evidence before the court. EDHIGERE V. THE STATE (1996) 9 KLR (PT 44) 1661; (1996) 8 NWLR (PT. 464) 1

 

CRIMINAL PROCEDURE - Discharge of accused - wrongfully admitted - Whether accused will be discharged in all cases. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

CRIMINAL PROCEDURE - Interpreter - Admissibility - Statement of accused in a language other than English - Recorded through an interpreter - How to be admitted. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

CRIMINAL PROCEDURE - Medical reports - Where not linked with the deceased - They are irrelevant. BABUGA V. THE STATE (1996) 7 KLR (PT 43) 1437; (1996) 7 NWLR (PT. 460) 270

 

CRIMINAL PROCEDURE - Medical reports - Whether properly received in evidence - Seeing that the doctor was not called. BABUGA V. THE STATE (1996) 7 KLR (PT 43) 1437; (1996) 7 NWLR (PT. 43) 1437

 

CRIMINAL PROCEDURE - Murder - Contention that case was not proved beyond reasonable doubt - Whether sustainable. EDAMINE V. THE STATE (1996) 3 KLR (PT 39) 531; (1996) 3 NWLR (PT. 438) 530

 

CRIMINAL PROCEDURE - Murder - Whether proved beyond reasonable doubt - In the circumstances of this case. GIRA V. THE STATE (1996) 4 KLR (PT 40) 638; (1996) 4 NWLR (PT. 443) 375

 

CRIMINAL PROCEDURE - No case submission - What court should consider at that stage - Whether a prima facie case is established. ABOGEDE V. THE STATE (1996) 4 KLR (PT 40) 783; (1996) 5 NWLR (PT. 448) 270

 

CRIMINAL PROCEDURE - Procedural Error - Does not warrant discharge and Acquittal of appellant. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

CRIMINAL PROCEDURE - Proof beyond reasonable doubt - Lapses raised by appellant to show it was not attained - Whether maintainable - In view of concurrent findings of fact. THEOPHILUS V. THE STATE (1996) 1 KLR (PT 37) 62; (1996) 1 NWLR (PT. 423) 139

 

CRIMINAL PROCEDURE - Proof beyond reasonable doubt - Whether this burden was discharged by the prosecution. BABUGA V. THE STATE (1996) 7 KLR (PT 43) 1437; (1996) 7 NWLR (PT. 460) 270

 

CRIMINAL PROCEDURE - Retracting from confessional statement - Whether such retraction - Would render the confession inadmissible - Where the confession is voluntary and positive. GIRA V. THE STATE (1996) 4 KLR (PT 40) 638; (1996) 4 NWLR (PT. 443) 375

 

CRIMINAL PROCEDURE - Witnesses - Duty of prosecution - Is to call material witnesses - To prove its case. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

CRIMINAL PROCEDURE - Witnesses - Duty of prosecution - To prove facts in issue - Not obliged to call every or any number of witnesses. OHUNYON V. THE STATE (1996) 2 KLR (PT 38) 359; (1996) 3 NWLR (PT. 436) 264

 

CRIMINAL PROCEDURE - Witnesses - Failure by prosecution to call a particular witness - Whether a reason to vitiate conviction. OHUNYON V. THE STATE (1996) 2 KLR (PT 38) 359; (1996) 3 NWLR (PT. 436) 264

 

CRIMINAL PROCEDURE - Witnesses - Material witness - Whether a witness - Whose testimony does not advance Prosecution’s case - Is a material witness. OHUNYON V. THE STATE (1996) 2 KLR (PT 38) 359; (1996) 3 NWLR (PT. 436) 264

 

CRIMINAL PROCEDURE - Witnesses - One credible prosecution witness if believed - Is enough to secure conviction. THEOPHILUS V. THE STATE (1996) 1 KLR (PT 37) 62; (1996) 1 NWLR (PT. 423) 139

 

CROSS EXAMINATION - Contents of rejected document - Whether statement of plaintiff’s witness under cross examination - Can be construed as giving evidence of contents of the rejected document. EDOSOMWAN V. OGBEYFUN (1996) 4 KLR (PT 40) 580; (1996) 4 NWLR (PT. 442) 266

 

CROSS EXAMINATION - Inconsistency - In previous statement of a witness - Can be put to the witness - For the purpose of testing his credibility. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

CROSS EXAMINATION - Issue - When cross examination is found to have established an issue. OLANLEGE V. AFRO CONTINENTAL LTD. (1996) 7 KLR (PT 43) 1416; (1996) 7 NWLR (PT. 458) 29

 

CROSS EXAMINATION - Unchallenged evidence - Where a particular evidence is not challenged by cross-examination - The court is free to act on such evidence. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

CULPABLE HOMICIDE - Corroboration - Whether a single convincing evidence - Must be corroborated. BABUGA V. THE STATE (1996) 7 KLR (PT 43) 1437; (1996) 7 NWLR (PT. 460) 270

 

CULPABLE HOMICIDE - Intention to kill - Where there is evidence of deliberate desire to kill - Whether Lower courts’ finding of no accident is proper. BABUGA V. THE STATE (1996) 7 KLR (PT 43) 1437; (1996) 7 NWLR (PT. 43) 1437

 

CUSTOMARY LAW - Bini custom in “igieogbe” - Whether all or just one of the three houses - Constitute the Igiogbe in this case. AGIDIGBI V. AGIDIGBI (1996) 6 KLR (PT 42) 1124; (1996) 6 NWLR (PT. 454) 300

 

CUSTOMARY LAW -Bini custom on succession - Testator cannot dispose of his Igiogbe by Will - Save to his eldest surviving son. AGIDIGBI V. AGIDIGBI (1996) 6 KLR (PT 42) 1124; (1996) 6 NWLR (PT. 454) 300

 

CUSTOMARY LAW - Custom - Whether the custom varies with the status - Accorded the chief by the Governor. OLADELE V. AROMOLARAN II (1996) 6 KLR (PT 42) 1032; (1996) 6 NWLR (PT. 453) 180

 

CUSTOMARY LAW - Judicial notice - Derogation from a well established custom - Is not sufficient to elevate the derogatory act - To a custom the court should take judicial notice of. IBRAHIM V. BARDE (1996) 12 KLR (PT 46) 1833; (1996) 9 NWLR (PT. 474) 513

 

CUSTOMARY LAW - Proof of a custom relied upon - The onus is on a party relying on a custom - To plead and establish it by evidence. RABIU V. ABASI (1996) 7 KLR (PT 43) 1380; (1996) 7 NWLR (PT. 462) 505

 

CUSTOMARY LAW - Succession under Yoruba native law and law - Real property of a deceased - Goes to the children to the exclusion of other blood relations. RABIU V. ABASI (1996) 7 KLR (PT 43) 1380; (1996) 7 NWLR (PT. 462) 505

 

CUSTOMARY LAW - Tenancy - Failure to pay tribute - Under Yoruba custom - Whether dependent on landlord’s demand. OLUGBODE V. SANGODEYI (1996) 4 KLR (PT 40) 618; (1996) 4 NWLR (PT. 444) 500

 

DAMAGES - Award of damages - Damages awarded by trial judge - Is not nominal but general damages. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

DAMAGES - Award of damages - In action for trespass to land - Court not to simply award damages - It has to give reason - How it arrived at reasonable damages. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

DAMAGES - Exemplary damages - Where a case for it is made out - Whether it will be awarded without any specific claim to that effect. ODOGU V. A - G FEDERATION (1996) 7 KLR (PT 43) 1337; (1996) 6 NWLR (PT. 456) 508

 

DAMAGES - General damages - N25,000.00 awarded by the lower court for unlawful detention - Whether to be increased. ODOGU V. A - G FEDERATION (1996) 7 KLR (PT 43) 1337; (1996) 6 NWLR (PT. 456) 508

 

DAMAGES - Interlocutory injunction - Undertaking as to damages - Failure to Extract same - Whether fatal. ACB LTD V. AWOGBORO (1996) 2 KLR (PT 38) 372; (1996) 3 NWLR (PT. 437) 383

DAMAGES - Quantum - Principles that guide an appellate Court - In the determination of quantum of damages. OKONKWO V. OGBOGU (1996) 4 KLR (PT 40) 810; (1996) 5 NWLR (PT. 449) 420

 

DAMAGES - Special damages - Lower court’s finding of N20,000.00 compensation per annum - Whether reasonable. ODOGU V. A - G FEDERATION (1996) 7 KLR (PT 43) 1337; (1996) 6 NWLR (PT. 456) 508

 

DAMAGES - Trespass to the person - No matter how slight - Gives right of action to recover damages. OKONKWO V. OGBOGU (1996) 4 KLR (PT 40) 810; (1996) 5 NWLR (PT. 449) 420

 

DOCUMENTS - Admissibility - Document properly rejected - Whether any evidence could be led to prove same - Where the document was not pleaded. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

DOCUMENTS - Admissibility of document - Copy of document sought to be tendered - Whether properly rejected - Where no foundation was laid for its admission. EDOSOMWAN V. OGBEYFUN (1996) 4 KLR (PT 40) 580; (1996) 4 NWLR (PT. 442) 266

 

DOCUMENTS - Interpretation - Need to read evidence as a whole - To avoid disjointed interpretation of document. LAYADE V. PANALPINA (1996) 7 KLR (PT 43) 1288; (1996) 6 NWLR (PT. 456) 544

 

DOCUMENTS - Interpretation - Purport of executing and registering title documents - Where clear from the parties agreement - The title deeds should not. ASHDC V. EMEKWUE (1996) 1 KLR (PT 37) 91; (1996) 1 NWLR (PT. 426) 505

 

DOCUMENTS - Oath - Tendering documents without being sworn ss. 192 & 193 E.A. - Whether the documents in issue can be tendered without oath. AMOBI V. AMOBI (1996) 9 KLR (PT 44) 1715; (1996) 8 NWLR (PT. 469) 438

 

DOCUMENTS - Title documents relied upon - Where not produced - Whether plaintiff’s case must fail. ATUNRASE V. PHILLIPS (1996) 1 KLR (PT 37) 136; (1996) 1 NWLR (PT. 427) 637

 

EQUITY - Doctrine of standing by - A party who stands by without objection - While another deals contrary to his right in a property - Cannot afterward complain. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

EQUITY - Fraudulent concealment - To enter a land without the knowledge of the owner - Does not constitute concealed fraud. AJIBONA V. KOLAWOLE (1996) 12 KLR (PT 46) 2048; (1996) 10 NWLR (PT. 476) 22

 

EQUITY - Purchase of property - On equitable grounds - Where no evidence was led to support the plea - It shall not be granted. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

EQUITY -Trusteeship - After sharing the properties of the former Western State - Whether the Governor of Oyo State can still be a trustee - In respect of property belonging to Ogun State. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

ESTOPPEL - Agency - Estoppel and holding out - Principal is bound by acts of agent - He presents to another person - As having authority to act on his behalf. AYANKOYA V. OLUKOYA (1996) 2 KLR (PT 38) 450; (1996) 4 NWLR (PT. 440) 1

 

ESTOPPEL - Doctrine of estoppel - Arises where a party is not allowed - To say that an assertion he had made is untrue. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

ESTOPPEL - Doctrine of standing by - A party who stands by without objection - While another deals contrary to his right in a property - Cannot afterward complain. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

ESTOPPEL - Issue estoppel - Pleaded by the defendants - Whether successfully established. NKWO V. UCHENDU (1996) 2 KLR (PT 38) 267; (1996) 3 NWLR (PT. 434) 1

 

ESTOPPEL - Plea of estoppel - Where validly set up by respondents - Whether appellants are estopped. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

ESTOPPEL - Res judicata - Issues and subject matter - Where same in the two proceedings - Whether trial court rightly held that res judicata is applicable. NKWO V. UCHENDU (1996) 2 KLR (PT 38) 267; (1996) 3 NWLR (PT. 434) 1

 

ESTOPPEL - Res judicata - Need to prove all the ingredients - Whether subject matter is the same in this case. STATE V. COMMISSIONER (1996) 4 KLR (PT 40) 690

 

ESTOPPEL - Res judicata - What a party invoking the doctrine must show - Whether privity of the parties is established. NKWO V. UCHENDU (1996) 2 KLR (PT 38) 267; (1996) 3 NWLR (PT. 434) 1

 

ESTOPPEL - Same subject matter - Whether Exhibits C and D as pleaded - Relate to same parties, cause and subject matter. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

ESTOPPEL - Sameness of issues - Land dispute - Whether the issues in the past suit - Are the same in the present suit before the Commissioner. STATE V. COMMISSIONER (1996) 4 KLR (PT 40) 690

 

EVIDENCE - Admissibility - Document admissible in law - Is properly received in evidence - Where objection to its admissibility is not raised - Immediately it is offered in evidence. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

EVIDENCE - Admissibility - Document properly rejected - Whether any evidence could be led to prove same - Where the document was not pleaded. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

EVIDENCE - Admissibility - Document that is not inadmissible by law - Where not objected to when tendered in evidence - Whether admissible. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

EVIDENCE - Admissibility - Exhibit - Whether rightly held admissible by Court of Appeal - For the purpose of discrediting evidence of appellant. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

EVIDENCE - Admissibility - Hearing date endorsed on counsel’s file - Stumbled upon by trial judge in the course of proceedings - Whether admissible. OSHUNRINDE V. AKANDE (1996) 6 KLR (PT 42) 1169; (1996) 6 NWLR (PT. 455) 383

 

EVDENCE - Admissibility - Lis pendens doctrine - Transfer of land during the pendency of a suit - Whether the document of transfer is admissible. BANGBOYE V. OLUSOGA (1996) 4 KLR (PT 40) 655; (1996) 4 NWLR (PT. 444) 520

 

EVIDENCE - Admissibility - Statement made by a party in civil proceedings - Adverse to his case - Is admissible against him. EDOSOMWAN V. OGBEYFUN (1996) 4 KLR (PT 40) 580; (1996) 4 NWLR (PT. 442) 266

 

EVIDENCE - Admissibility - Statements made out of Court - By a party to the proceeding - Is admissible against that party. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

EVIDENCE - Admissibility - Whether additional evidence of PW2 - Is admissible in proving guilt of the accused. EDAMINE V. THE STATE (1996) 3 KLR (PT 39) 531; (1996) 3 NWLR (PT. 438) 530

 

EVIDENCE - Admissibility - Whether Exhibit E is admissible - As evidence of act of ownership by plaintiffs. AKPAN V. UTIN (1996) 6 KLR (PT 42) 1180; (1996) 7 NWLR (PT. 463) 634

 

EVIDENCE - Admissibility of document - Copy of document sought to be tendered - Whether properly rejected - Where no foundation was laid for its admission. EDOSOMWAN V. OGBEYFUN (1996) 4 KLR (PT 40) 580; (1996) 4 NWLR (PT. 442) 266

 

EVIDENCE - Admissibility of documents s. 210 Evidence Act - Whether document is admissible under s. 210 - To discredit appellant. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

EVIDENCE - Admission by conduct - Clear and direct accusation of murder made against accused - Where not denied by accused - Whether evidence of admission by conduct. GIRA V. THE STATE (1996) 4 KLR (PT 40) 638; (1996) 4 NWLR (PT. 443) 375

 

EVIDENCE - Admission - By a party of a fact contained in a statement that was not tendered - Is evidence against that party - Whether it corroborated a written document or not. OKONKWO V. OGBOGU (1996) 4 KLR (PT 40) 810; (1996) 5 NWLR (PT. 449) 420

 

EVIDENCE - Admission - Contents of a chieftaincy declaration - Where admitted in evidence - Whether there is need to tender it. OLAGUNJI V. OYENIRAN (1996) 6 KLR (PT 42) 981; (1996) 6 NWLR (PT. 453) 127

 

EVIDENCE - Admission - Land dispute - Where what was admitted was neither claimed nor proved - The admission goes to no issue. ONU V. AGU (1996) 5 KLR (PT 41) 900; (1996) 5 NWLR (PT. 451) 652

 

EVIDENCE - Admissions - Allegedly contained in some tendered exhibits - Is rendered unimportant - By the finding that res judicata is not applicable. OLUKOGA V. FATUNDE (1996) 9 KLR (PT 44) 1539; (1996) 7 NWLR (PT. 462) 516

 

EVIDENCE - Admissions - Whether in the face of admissions made by the defendant - The Court of Appeal was right in dismissing appellant’s claim. INSURANCE BROKERS V. ATLANTIC TEXTILES (1996) 9 KLR (PT 44) 1675; (1996) 8 NWLR (PT. 466) 316

 

EVIDENCE - Affidavit - Averments in affidavit - Where not denied by counter affidavit - The facts may be regarded as duly established. STATE V. COMMISSIONER (1996) 4 KLR (PT 40) 690

 

EVIDENCE - Allegation of fraud in a civil case - Whether proved according to the required standard.TSOKWA & CO. LTD. V. UNION BANK (1996) 12 KLR (PT 46) 2254; (1996) 9 NWLR (PT. 471) 129

 

EVIDENCE - Appeals - Evaluation of evidence - By the trial court - When an appellate should not substitute its own view. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

EVIDENCE - Arbitration - Whether evidence of native arbitration - Ought to have been considered - Seeing it could create estoppel by way of res judicata. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

EVIDENCE - Banking custom - Burden of proof thereof - Lies on whoever alleges that custom. UNION BANK NYOYE (1996) 2 KLR (PT 38) 409; (1996) 3 NWLR (PT. 435) 135

 

EVIDENCE - Burden of proof - It is for the plaintiff - To prove the assertion in his statement of claim. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

EVIDENCE - Burden of proof - Land law - Where the parties agreed and the court found respondents were original owners - The onus in on the appellants to establish a change of ownership. UKPAKARA V. EBEVUHE (1996) 7 KLR (PT 43) 1391; (1996) 7 NWLR (PT. 460) 254

 

EVIDENCE - Burden of proof - Murder - What prosecution must prove - To discharge the burden of proof in murder charge. GIRA V. THE STATE (1996) 4 KLR (PT 40) 638; (1996) 4 NWLR (PT. 443) 375

 

EVIDENCE - Burden of proof - Principal issue submitted by the plaintiff - Where not proved by him - Whether his case was rightly dismissed. OLANLEGE V. AFRO CONTINENTAL LTD. (1996) 7 KLR (PT 43) 1416; (1996) 7 NWLR (PT. 458) 29

 

EVIDENCE - Burden of proof - Rests on the person that pleaded particular facts - Discharge of this burden will now shift onus to the other party. TSOKWA & CO. LTD. V. UNION BANK (1996) 12 KLR (PT 46) 2254; (1996) 9 NWLR (PT. 471) 129

 

EVIDENCE - Burden of proof - What prosecution must prove - To establish a charge of murder. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

EVIDENCE - Burden of proof - Where a party calls upon the court - To make a declaration of right - The onus is on that party - To establish the right claimed. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

EVIDENCE - Burden of proof - Where it shifted to the defendant who made an assertion - The onus of adducing further evidence is on him. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

EVIDENCE - Burden of proof - Whether plaintiffs proved their case - On the totality of evidence adduced and accepted at the trial. DIELI V. IWUNO (1996) 4 KLR (PT 40) 543; (1996) 4 NWLR (PT. 445) 622

 

EVIDENCE - Burden of Proof - Murder - Whether prosecution established beyond reasonable doubt - Ingredients of murder as required. OHUNYON V. THE STATE (1996) 2 KLR (PT 38) 359; (1996) 3 NWLR (PT. 436) 264

 

EVIDENCE - Confession - Free and voluntary confession of guilt - Is sufficient to warrant conviction - Without corroboration. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

EVIDENCE - Confessional statement - Where not attested by a senior police officer - Whether unreliable. EDHIGERE V. THE STATE (1996) 9 KLR (PT 44) 1661; (1996) 8 NWLR (PT. 464) 1

 

EVIDENCE - Conflict - Murder - Whether there is any conflict - Between the two exhibits under consideration. EDHIGERE V. THE STATE (1996) 9 KLR (PT 44) 1661; (1996) 8 NWLR (PT. 464) 1

 

EVIDENCE - Conflict - Traditional history - Conflict therein - Whether trial judge did proper evaluation - In preferring one of the conflicting stories. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

EVIDENCE - Conflict - Where evidence is at variance with pleadings - It ought to be rejected. OJO V. IGHODALO (1996) 5 KLR (PT 41) 874; (1996) 5 NWLR (PT. 450) 507

 

EVIDENCE - Contradiction - Survey plan - Where a party gives contradictory evidence to his survey plan - The Court will not attach Credibility to the plan. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

EVIDENCE - Contradiction - Where prosecution witnesses gave evidence to the limit of what they observed individually - Whether they contradicted each other. ABOGEDE V. THE STATE (1996) 4 KLR (PT 40) 783; (1996) 5 NWLR (PT. 448) 270

 

EVIDENCE - Contradictions - In prosecution’s case - Whether disregarding them - Will be perverse. CHUKWU V. THE STATE (1996) 9 KLR (PT 44) 1555; (1996) 7 NWLR (PT. 463) 686

 

EVIDENCE - Contradictions - Where appellant’s evidence is contradictory - Court is bound to act on the more reliable evidence. HUNARE V. NANA (1996) 1 KLR (PT 37) 126; (1996) 1 NWLR (PT. 425) 381

 

EVIDENCE - Contradictions - Where the murder charge is proved beyond reasonable doubt - Other alleged contradictions are deemed immaterial. THEOPHILUS V. THE STATE (1996) 1 KLR (PT 37) 62; (1996) 1 NWLR (PT. 423) 139

 

EVIDENCE - Contradictions - Whether fatal in the present case. UKPAKARA V. EBEVUHE (1996) 7 KLR (PT 43) 1391; (1996) 7 NWLR (PT. 460) 254

 

EVIDENCE - Corroboration - Confessional statement - Whether corroborated by other evidence before the court. EDHIGERE V. THE STATE (1996) 9 KLR (PT 44) 1661; (1996) 8 NWLR (PT. 464) 1

 

EVIDENCE - Corroboration - Culpable homicide - Whether a single convincing evidence - Must be corroborated. BABUGA V. THE STATE (1996) 7 KLR (PT 43) 1437; (1996) 7 NWLR (PT. 460) 270

 

EVIDENCE - Credibility of a witness - Discrepancy between what a witness says at different times - Whether sufficient to destroy his credibility in every case - Duty of the judge in respect of such discrepancy. ABOGEDE V. THE STATE (1996) 4 KLR (PT 40) 783; (1996) 5 NWLR (PT. 448) 270

 

EVIDENCE - Credibility of a witness s. 119 E.A. - Essential requirements of the section - When a party intends to impeach the credibility of a witness - With regard to statement in previous proceedings. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

EVIDENCE - Credibility of a witness - Whether every discrepancy in what a witness says - Is sufficient to destroy his credibility. GIRA V. THE STATE (1996) 4 KLR (PT 40) 638; (1996) 4 NWLR (PT. 443) 375

 

EVIDENCE - Cross examination - Contents of rejected document - Whether statement of plaintiff’s witness under cross examination - Can be construed as giving evidence of contents of the rejected document. EDOSOMWAN V. OGBEYFUN (1996) 4 KLR (PT 40) 580; (1996) 4 NWLR (PT. 442) 266

 

EVIDENCE - Cross examination - When found to have established an issue. OLANLEGE V. AFRO CONTINENTAL LTD. (1996) 7 KLR (PT 43) 1416; (1996) 7 NWLR (PT. 458) 29

 

EVIDENCE - Custom - Proof of a custom relied upon - The onus is on a party relying on a custom - To plead and establish it by evidence. RABIU V. ABASI (1996) 7 KLR (PT 43) 1380; (1996) 7 NWLR (PT. 462) 505

 

EVIDENCE - Customary law - Derogation from a well established custom - Is not sufficient to elevate the derogatory act - To a custom the court should take judicial notice of. IBRAHIM V. BARDE (1996) 12 KLR (PT 46) 1833; (1996) 9 NWLR (PT. 474) 513

 

EVIDENCE - Disbelief - Title - In view of defendant copious evidence of recent possession - Whether the trial court erred by disbelieving them. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

EVIDENCE - Document - Admissibility - Exhibit 1A is admissible in proof - Of Customary Law relating to selection and appointment of chief. OLADELE V. AROMOLARAN II (1996) 6 KLR (PT 42) 1032; (1996) 6 NWLR (PT. 453) 180

 

EVIDENCE - Document - Need to read evidence as a whole - To avoid disjointed interpretation of document. LAYADE V. PANALPINA (1996) 7 KLR (PT 43) 1288; (1996) 6 NWLR (PT. 456) 544

 

EVIDENCE - Documentary evidence - Tendering documents without being sworn ss. 192 & 193 E.A. - Whether the documents in issue can be tendered without oath. AMOBI V. AMOBI (1996) 9 KLR (PT 44) 1715; (1996) 8 NWLR (PT. 469) 438

 

EVIDENCE - Documents - Land dispute - Whether treatment or non-treatment of documents of plaintiffs - Who fail to prove their root of title - Can advance their case. LAWAL V. OLUFOWOBI (1996) 12 KLR (PT 46) 2241; (1996) 10 NWLR (PT. 477) 177

 

EVIDENCE - Effect of plaintiff’s evidence - Plaintiff’s conception that the court agreed to a certain effect of his evidence - When found to be misconceived. OJO V. IGHODALO (1996) 5 KLR (PT 41) 874; (1996) 5 NWLR (PT. 450) 507

 

EVIDENCE - Evaluation - Appeals - Where the trial court failed to properly evaluate the evidence - Whether appellate court should intervene. YESUFU V. KUPPER INT. N.V. (1996) 4 KLR (PT 40) 599; (1996) 5 NWLR (PT. 446) 17

 

EVIDENCE - Evaluation of evidence - Evidence adequately evaluated by lower courts - Conclusion thereon is right. OGUNTOLU V. THE STATE (1996) 2 KLR (PT 38) 212; (1996) 2 NWLR (PT. 432) 503

 

EVIDENCE - Evaluation of evidence - Where justifiably done by the trial court - Whether appellate court should substitute its own views. EIGBEJALE V. OKE (1996) 5 KLR (PT 41) 829; (1996) 5 NWLR (PT. 447) 128

 

EVIDENCE - Evaluation of evidence - Where not properly done by the trial court - Appeal Court will interfere. NNEJI V. CHUKWU (1996) 12 KLR (PT 46) 2226; (1996) 10 NWLR (PT. 478) 265

 

EVIDENCE - Evaluation of Evidence - Whether court of Appeal failed - To properly evaluate the totality of evidence. AKPAN V. UTIN (1996) 6 KLR (PT 42) 1180; (1996) 7 NWLR (PT. 463) 634

 

EVIDENCE - Evaluation - Where evidence was not evaluated by the trial court - Whether appellate court should interfere. EZEAFULUKWE V. JOHN HOLT LTD (1996) 2 KLR (PT 38) 300; (1996) 2 NWLR (PT. 432) 511

 

EVIDENCE - Evaluation - Where trial judge properly reviewed and evaluated the evidence - Court of Appeal cannot substitute the trial court’s view of the facts. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

EVIDENCE - Exhibit - Though admissible - In the absence of evidence identifying it with the land now in dispute - Exhibit 10 is valueless. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

EVIDENCE - Extrinsic evidence - Contract of employment - Where clear and certain as to its terms - Trial court was wrong in admitting extrinsic evidence. LAYADE V. PANALPINA (1996) 7 KLR (PT 43) 1288; (1996) 6 NWLR (PT. 456) 544

 

EVIDENCE - Extrinsic evidence - Instance when it can be adduced - To explain a written document. SAVANNAH BANK V. SALAMI (1996) 9 KLR (PT 44) 1737; (1996) 8 NWLR (PT. 465) 131

 

EVIDENCE - Finding of fact - Where evidence is led to support that succession is by rotation - Finding of fact to that effect - Cannot be faulted. OLADELE V. AROMOLARAN II (1996) 6 KLR (PT 42) 1032; (1996) 6 NWLR (PT. 453) 180

 

EVIDENCE - Findings of Court - Supported by evidence on record - Enabled court of Appeal to dismiss appellant’s appeal. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

EVIDENCE - Hearsay - Exhibit that was properly admitted - Whether appellants can complain it was hearsay. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

EVIDENCE - Hostile witness - Defence witness that gave evidence favourable to the plaintiff - And was not treated as a hostile witness - Whether that evidence supports plaintiff’s case. AKUNYILI V. EJIDIKE (1996) 4 KLR (PT 40) 747; (1996) 5 NWLR (PT. 449) 381

 

EVIDENCE - Inconsistency - Where plaintiff’s evidence was found contradictory and unreliable - Whether the issue of plaintiff’s lack of locus standi arose. OMEREDE V. ELEAZU (1996) 5 KLR (PT 41) 954; (1996) 6 NWLR (PT. 452) 1

 

EVIDENCE - Inference - Exhibits - Matters upon which the parties could not agree justifiably - Whether to be resolved by drawing inference. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

EVIDENCE - Interpreter - Admissibility - Statement of accused in a language other than English - Recorded through an interpreter - How to be admitted. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

EVIDENCE - Medical Evidence - Absence thereof - When court will infer cause of death from circumstances. OGUNTOLU V. THE STATE (1996) 2 KLR (PT 38) 212; (1996) 2 NWLR (PT. 432) 503

 

EVIDENCE - Onus of proof - Facts pleaded in the statement of claim - Where no evidence is led in proof of them - No onus is cast on the other party - To disprove facts not established. EDOSOMWAN V. OGBEYFUN (1996) 4 KLR (PT 40) 580; (1996) 4 NWLR (PT. 442) 266

 

EVIDENCE - Past proceedings and judgment - Where not tendered in evidence - Whether it ought to be considered by the court. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

EVIDENCE - Pleadings - Admission - Plea that defendant is not in a position to admit or deny a particular paragraph - Whether tantamount to an admission - That removes the plaintiff’s burden of proof - In the circumstances of this case. UGOCHUKWU V. C.C.B. LTD. (1996) 7 KLR (43) 1267; (1996) 6 NWLR (PT. 456) 524

 

EVIDENCE - Pleadings - Denial of plaintiff’s averments per se - Vide the statement of defence - Without proving the denial by evidence - Cannot defeat plaintiff’s established claim. INSURANCE BROKERS V. ATLANTIC TEXTILES (1996) 9 KLR (PT 44) 1675; (1996) 8 NWLR (PT. 466) 316

 

EVIDENCE - Pleadings - Whether the tendered documents - Relate to the arbitration pleaded. AMOBI V. AMOBI (1996) 9 KLR (PT 44) 1715; (1996) 8 NWLR (PT. 469) 438

 

EVIDENCE - Previous statement - Inconsistency - In previous statement of a witness - Can be put to the witness - For the purpose of testing his credibility. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

EVIDENCE - Probability - Raised under s. 46 E.A - As to possibility of acts of possession being evidence of ownership - Whether applicable in all circumstances. OLUKOGA V. FATUNDE (1996) 9 KLR (PT 44) 1539; (1996) 7 NWLR (PT. 462) 516

 

EVIDENCE - Proof - Banking - Liquidated amount - Being claimed by the appellant - Was not proved. TSOKWA & CO. LTD. V. UNION BANK (1996) 12 KLR (PT 46) 2254; (1996) 9 NWLR (PT. 471) 129

 

EVIDENCE - Proof beyond reasonable doubt - Lapses raised by appellant to show it was not attained - Whether maintainable - In view of concurrent findings of fact. THEOPHILUS V. THE STATE (1996) 1 KLR (PT 37) 62; (1996) 1 NWLR (PT. 423) 139

 

EVIDENCE - Proof beyond reasonable doubt - Whether this burden was discharged by the prosecution. BABUGA V. THE STATE (1996) 7 KLR (PT 43) 1437; (1996) 7 NWLR (PT. 460) 270

 

EVIDENCE - Proof - Communal ownership of the land in dispute - Whether proved by the plaintiffs. LAWAL V. OLUFOWOBI (1996) 12 KLR (PT 46) 2241; (1996) 10 NWLR (PT. 477) 177

 

EVIDENCE - Proof - Confessional statements - Where voluntarily made - And found to be well proved - Whether conviction was proper. EDAMINE V. THE STATE (1996) 3 KLR (PT 39) 531; (1996) 3 NWLR (PT. 438) 530

 

EVIDENCE - Proof of signature - Company law - Contention that the signature against a subscriber’s name is not his - How the defendant should discharge the onus of proof. EZEONWU V. ONYECHI (1996) 2 KLR (PT 38) 382; (1996) 3 NWLR (PT. 438) 499

 

EVIDENCE - Proof - Simply pleading laches, acquiescence and standing by - With no evidence thereto before the court - Is no proof of them. OLUGBODE V. SANGODEYI (1996) 4 KLR (PT 40) 618; (1996) 4 NWLR (PT. 444) 500

 

EVIDENCE - Proof - Whether plaintiff’s evidence fell short of the essential proof- Required to establish its claim. INSURANCE BROKERS V. ATLANTIC TEXTILES (1996) 9 KLR (PT 44) 1675; (1996) 8 NWLR (PT. 466) 316

 

EVIDENCE - Re-examination - Trial judge’s failure to allow an improper question - Is not a refusal to allow re-examination. AMOBI V. AMOBI (1996) 9 KLR (PT 44) 1715; (1996) 8 NWLR (PT. 469) 438

 

EVIDENCE - Receipts - Onus of proof - shifts to the defendant who claims to have paid - To tender relevant receipts in proof thereof. INSURANCE BROKERS V. ATLANTIC TEXTILES (1996) 9 KLR (PT 44) 1675; (1996) 8 NWLR (PT. 466) 316

 

EVIDENCE - Relevant fact - Entry on counsel’s file about the hearing date - Whether admissible as a relevant fact. OSHUNRINDE V. AKANDE (1996) 6 KLR (PT 42) 1169; (1996) 6 NWLR (PT. 455) 383

 

EVIDENCE - Sale of land - Relying on other evidence of sale in finding for a party - That failed to produce document of title also pleaded - Whether proper. ATUNRASE V. PHILLIPS (1996) 1 KLR (PT 37) 136; (1996) 1 NWLR (PT. 427) 637

 

EVIDENCE - Statement in previous proceedings - Whether the requirements of s. 119 E.A. - For admission of statement of a witness in previous proceedings - Where complied with. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

EVIDENCE - Sufficiency- Presumption in favour of Exhibit M - Whether there is sufficient evidence to rebut the same. OYEKAN V. AKINRINWA (1996) 7 KLR (PT 43) 1460; (1996) 7 NWLR (PT. 459) 128

 

EVIDENCE - Title - Where plaintiffs relied on pleaded three roots of title - Failure to prove one root of title is not fatal. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

EVIDENCE - Unchallenged evidence - Where a particular evidence is not challenged by cross-examination - The court is free to act on such evidence. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

EVIDENCE - Unchallenged evidence - Where the opposite party - Who had opportunity to challenge plaintiff’s ample evidence - Fails to do so - The court will act on that evidence. INSURANCE BROKERS V. ATLANTIC TEXTILES (1996) 9 KLR (PT 44) 1675; (1996) 8 NWLR (PT. 466) 316

 

EVIDENCE - Value - Burden - Exhibit - Though admissible - In the absence of evidence identifying it with the land now in dispute - Exhibit 10 is valueless. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

EVIDENCE - Visit to locus - Judge’s observation at locus in quo - Not to be substituted for sworn testimony. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

EVIDENCE - Weight or value - Admissible evidence - May not have any probative value or weight. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

EVIDENCE - Weight - Reversal - Of trial court’s judgment by the Court of Appeal - Whether against the weight of evidence. UGOCHUKWU V. C.C.B. LTD. (1996) 7 KLR (43) 1267; (1996) 6 NWLR (PT. 456) 524

 

EVIDENCE - Withholding evidence from court - Whether failure to call a particular witness - Is tantamount to withholding evidence under s. 149 (d) Evidence Act. BABUGA V. THE STATE (1996) 7 KLR (PT 43) 1437; (1996) 7 NWLR (PT. 460) 270

 

EVIDENCE - Witnesses - Duty of prosecution - Is to call material witnesses - To prove its case. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

EVIDENCE - Witnesses - Duty of prosecution - To prove facts in issue - Not obliged to call every or any number of witnesses. OHUNYON V. THE STATE (1996) 2 KLR (PT 38) 359; (1996) 3 NWLR (PT. 436) 264

 

EVIDENCE - Witnesses - Failure by prosecution to call a particular witness - Whether a reason to vitiate conviction. OHUNYON V. THE STATE (1996) 2 KLR (PT 38) 359; (1996) 3 NWLR (PT. 436) 264

 

EVIDENCE - Witnesses - Inconsistency - In previous statement of a witness - Can be put to the witness - For the purpose of testing his credibility. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

EVIDENCE - Witnesses - Material witness - Whether a witness - Whose testimony does not advance Prosecution’s case - Is a material witness. OHUNYON V. THE STATE (1996) 2 KLR (PT 38) 359; (1996) 3 NWLR (PT. 436) 264

 

EVIDENCE - Witnesses - Slip in evidence - Whether there is a slip in PW2’s testimony - As to who killed the deceased. GIRA V. THE STATE (1996) 4 KLR (PT 40) 638; (1996) 4 NWLR (PT. 443) 375

 

EVIDENCE - Witnesses - Sufficiency - One credible prosecution witness if believed - Is enough to secure conviction. THEOPHILUS V. THE STATE (1996) 1 KLR (PT 37) 62; (1996) 1 NWLR (PT. 423) 139

 

EVIDENCE - Witnesses - Whether issues of fact resolved by trial Judge - Mostly affect credibility of individual witnesses. NNEJI V. CHUKWU (1996) 12 KLR (PT 46) 2226; (1996) 10 NWLR (PT. 478) 265

 

EVIDENCE - Wrongful admission of evidence - When will it ground acquittal. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

EVIDENCE - Wrongful admission of evidence - Where evidence was wrongfully admitted - Whether accused will be discharged in all cases. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

EVIDENCE - Wrongful exclusion of evidence - Whether a ground for reversal of a decision - In all circumstances. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

FAIR HEARING - Chieftaincy matters - Where a party has been heard by the commission of Inquiry - Whether he is to be heard again by the Executive Council - During its consideration of the Report. OLAGUNJI V. OYENIRAN (1996) 6 KLR (PT 42) 981; (1996) 6 NWLR (PT. 453) 127

 

FAIR HEARING - Denial - Breach thereof nullifies any trial - Whether party denied fair hearing must establish that he suffered any injury. OLUMESAN V. OGUNDEPO (1996) 2 KLR (PT 38) 315; (1996) 2 NWLR (PT. 433) 628

 

FAIR HEARING - Denial - Whether failure to stay proceedings - Pending determination of interlocutory appeal - Amounts to denial of fair hearing. JOSIAH CORNELIUS LTD. V. EZENWA (1996) 4 KLR (PT 40) 703; (1996) 4 NWLR (PT. 443) 391

 

FAIR HEARING - Disciplinary proceedings - Person that may be affected thereby - Nature of notice that must be given to him. YUSUF V. UNION BANK (1996) 6 KLR (PT 42) 1249; (1996) 6 NWLR (PT. 457) 632

 

FAIR HEARING - Dismissal of appeal - Failure to hear the other party before granting the application - Is a violation of the right to fair hearing. OLUMESAN V. OGUNDEPO (1996) 2 KLR (PT 38) 315; (1996) 2 NWLR (PT. 433) 628

 

FAIR HEARING - Master & Servant - Summary dismissal - Fair hearing - Whether appellant was summarily dismissed without fair hearing. YUSUF V. UNION BANK (1996) 6 KLR (PT 42) 1249; (1996) 6 NWLR (PT. 457) 632

 

FAIR HEARING - Masters & servants - Whether plaintiff was given a fair hearing - Before his appointment was terminated. UNICAL V. ESSIEN (1996) 12 KLR (PT 46) 2184; (1996) 10 NWLR (PT. 477) 225

 

FAIR HEARING - Non notification - Whether non notification of appellants - That an order dismissing their appeal is to be made - Is an infringement of their right to fair hearing. CHIME V. UDE (1996) 7 KLR (PT 43) 1487; (1996) 7 NWLR (PT. 461) 379

 

FAIR HEARING - Technicality - That touches a fundamental objective to fair hearing - Cannot be ignored. ONYEKWULUJE V. ANIMASHAUN (1996) 3 KLR (PT 39) 494; (1996) 3 NWLR (PT. 439) 637

 

FALSE IMPRISONMENT - Detention of the plaintiff by the police - Whether the defendant was instrumental in setting the law in motion against the plaintiff. OKONKWO V. OGBOGU (1996) 4 KLR (PT 40) 810; (1996) 5 NWLR (PT. 449) 420

 

FALSE IMPRISONMENT - Instigating arrest and detention of the plaintiff - Whether malicious and unlawful. OKONKWO V. OGBOGU (1996) 4 KLR (PT 40) 810; (1996) 5 NWLR (PT. 449) 420

 

GUARANTEE - Banking - Condition that the account of the guarantor shall be blocked - To maintain a minimum of the amount guaranteed - Implication. SAVANNAH BANK V. SALAMI (1996) 9 KLR (PT 44) 1737; (1996) 8 NWLR (PT. 465) 131

 

INSURANCE - Liability of the insurer - Whether under the tendered documents - Respondent is liable for loss of appellant’s goods - In the course of voyage. JESSICA TRADING CO. LTD. V. BENDEL INSURANCE (1996) 12 KLR (PT 46) 2105; (1996) 10 NWLR (PT. 476) 1

 

INSURANCE - Marine policy - Whether Exhibit F in view of its contents - Can qualify as a marine insurance policy. JESSICA TRADING CO. LTD. V. BENDEL INSURANCE (1996) 12 KLR (PT 46) 2105; (1996) 10 NWLR (PT. 476) 1

 

INSURANCE - Time policy - Where the duration of the insurance expired before arrival of the vessel - Appellant’s failure to renew the policy - Absolves the respondent from liability. JESSICA TRADING CO. LTD. V. BENDEL INSURANCE (1996) 12 KLR (PT 46) 2105; (1996) 10 NWLR (PT. 476) 1

 

INSURANCE - Voyage and time policies - May be included in the same marine insurance policy - Save that the insured must take certain precautions - To secure maximum and effective protection. JESSICA TRADING CO. LTD. V. BENDEL INSURANCE (1996) 12 KLR (PT 46) 2105; (1996) 10 NWLR (PT. 476) 1

 

INTERIM INJUNCTIONS - Balance of convenience - Failure to establish the injury applicant would suffer - Coupled with undue delay in bringing the application - Whether injunction should be granted. AJEWOLE V. ADETIMO (1996) 2 KLR (PT 38) 286; (1996) 2 NWLR (PT. 431) 391

 

INTERIM INJUNCTIONS - Breach of the peace - Whether refusal of the application - Would result in any breach of the peace. AJEWOLE V. ADETIMO (1996) 2 KLR (PT 38) 286; (1996) 2 NWLR (PT. 431) 391

 

INTERLOCUTORY INJUNCTIONS - Balance of convenience - Whether plaintiff can be adequately compensated in damages - Would affect court’s decision one way or the other. To grant or refuse application for interlocutory injunction - Whether exercised judiciously. AYORINDE V. A-G OYO STATE (1996) 2 KLR (PT 38) 426; (1996) 3 NWLR (PT. 434) 20

 

INTERLOCUTORY INJUNCTIONS - Discretion of court - To grant or refuse application for interlocutory injunction - Whether exercised judiciously. To grant or refuse application for interlocutory injunction - Whether exercised judiciously. AYORINDE V. A-G OYO STATE (1996) 2 KLR (PT 38) 426; (1996) 3 NWLR (PT. 434) 20

 

INTERLOCUTORY INJUNCTIONS - Discretion of Court - To grant the application - What court considers in exercising its discretion. ACB LTD V. AWOGBORO (1996) 2 KLR (PT 38) 372; (1996) 3 NWLR (PT. 437) 383

 

INTERLOCUTORY INJUNCTIONS - Grant thereof - What applicant should show - To be entitled to the issue of an order. ACB LTD V. AWOGBORO (1996) 2 KLR (PT 38) 372; (1996) 3 NWLR (PT. 437) 383

 

INTERLOCUTORY INJUNCTIONS - Proper case - Whether Plaintiffs made out a case - For grant of the application. ACB LTD V. AWOGBORO (1996) 2 KLR (PT 38) 372; (1996) 3 NWLR (PT. 437) 383

 

INTERLOCUTORY INJUNCTIONS - Recourse to Writ of Summons - By trial judge - Where only statement of claim was referred to - Effect. ACB LTD V. AWOGBORO (1996) 2 KLR (PT 38) 372; (1996) 3 NWLR (PT. 437) 383

 

INTERLOCUTORY INJUNCTIONS - Status quo preservation - Is proper ground for court to intervene - And grant the injunction . ACB LTD V. AWOGBORO (1996) 2 KLR (PT 38) 372; (1996) 3 NWLR (PT. 437) 383

 

INTERLOCUTORY INJUNCTIONS - Substantive suit - Duty of Judge - In granting the application - Is not to determine issues in the substantive suit. ACB LTD V. AWOGBORO (1996) 2 KLR (PT 38) 372; (1996) 3 NWLR (PT. 437) 383

 

INTERLOCUTORY INJUNCTIONS - Triable issue - Substantive action must disclose serious issue to be determined - Before the application can be considered. To grant or refuse application for interlocutory injunction - Whether exercised judiciously. AYORINDE V. A-G OYO STATE (1996) 2 KLR (PT 38) 426; (1996) 3 NWLR (PT. 434) 20

 

INTERLOCUTORY INJUNCTIONS - Undertaking as to damages - Failure to Extract same - Whether fatal. ACB LTD V. AWOGBORO (1996) 2 KLR (PT 38) 372; (1996) 3 NWLR (PT. 437) 383

 

INTERPRETATION OF STATUTE - Ambiguity - S. 220(2)(c) of the 1979 Constitution - The words used therein being unambiguous - Ought to be construed according to their plain meaning. NATIONAL BANK LTD. V. WEIDE & CO. LTD (1996) 9 KLR (PT 44) 1691; (1996) 8 NWLR (PT. 465) 150

 

ISLAMIC LAW - Ownership takes priority over undisturbed possession - Whether this principle is apposite - In the present case - Whether appellant’s evidence of ownership is contradictory. HUNARE V. NANA (1996) 1 KLR (PT 37) 126; (1996) 1 NWLR (PT. 425) 381

 

ISLAMIC LAW - Possession - Doctrine of long and undisturbed possession of land - Whether applicable unto extinguishing appellant’s claim of ownership. HUNARE V. NANA (1996) 1 KLR (PT 37) 126; (1996) 1 NWLR (PT. 425) 381

 

ISLAMIC LAW - Possession - Ten years peaceful possession of land - Is a bar to action against non blood related possessor. HUNARE V. NANA (1996) 1 KLR (PT 37) 126; (1996) 1 NWLR (PT. 425) 381

 

JUDGMENTS - Alternative claim - Where judgment was given for the main claim - Judgment need not be given for the alternative claim. YESUFU V. KUPPER INT. N.V. (1996) 4 KLR (PT 40) 599; (1996) 5 NWLR (PT. 446) 17

 

JUDGMENTS - Appeals - Decision - On an appeal without hearing the parties - Is a fundamental defect fatal to adjudication. ONYEMEH V. EGBUCHULAM (1996) 4 KLR (PT 40) 732; (1996) 5 NWLR (PT. 448) 255

 

JUDGMENTS - Appeals - Failure of the main relief embodying other reliefs granted - Where there is no appeal against those other reliefs - Whether the entire claim will be dismissed. RABIU V. ABASI (1996) 7 KLR (PT 43) 1380; (1996) 7 NWLR (PT. 462) 505

 

JUDGMENTS - Appeals - Nullity - Judgment of Court of Appeal - On an appeal that was never heard - Is a nullity - Hearing being a fundamental requirement for a valid adjudication. ONYEMEH V. EGBUCHULAM (1996) 4 KLR (PT 40) 732; (1996) 5 NWLR (PT. 448) 255

 

JUDGMENTS - Award of higher amount - Than what was claimed - Is not proper. UGOCHUKWU V. C.C.B. LTD. (1996) 7 KLR (43) 1267; (1996) 6 NWLR (PT. 456) 524

 

JUDGMENTS - Chieftaincy matters - Whether the grant of some of the claims - Affected the main question between the parties. OLADOYE V. ADMINISTRATOR OSUN STATE (1996) 12 KLR (PT 46) 2015; (1996) 10 NWLR (PT. 476) 38

 

JUDGMENTS - Claim not made - Where the amount awarded to the defendant was not claimed - Whether it will be set aside. UGOCHUKWU V. C.C.B. LTD. (1996) 7 KLR (43) 1267; (1996) 6 NWLR (PT. 456) 524

 

JUDGMENTS - Clerical mistake - Where the lower court mistakenly referred to 1st defendant as appellant - Whether any miscarriage of justice was occasioned. UME V. OKORONKWO (1996) 12 KLR (PT 46) 2297; (1996) 10 NWLR (PT. 477) 133

 

JUDGMENTS - Consequential Order - Whether an unclaimed relief granted - Is a consequential order. EZEONWU V. ONYECHI (1996) 2 KLR (PT 38) 382; (1996) 3 NWLR (PT. 438) 499

 

JUDGMENTS - Construction - Recitals s. 130 Evidence Act - Whether trial court placed a different construction on this section - In its judgment. ATUNRASE V. PHILLIPS (1996) 1 KLR (PT 37) 136; (1996) 1 NWLR (PT. 427) 637

 

JUDGMENTS - Dismissal - Where the defendants failed in their counter claim - The proper order to make is dismissal. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

JUDGMENTS - Erroneous judgment - A judgment based on a ground which has fallen - Is erroneous and must be set aside. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

JUDGMENTS - Error in judgment - Where Court of Appeal erroneously attributed grounds of appeal to the appellant - The judgment is in a confused state. OGUNSOLA V. NICON (1996) 1 KLR (PT 37) 79; (1996) 1 NWLR (PT. 423) 126

 

JUDGMENTS - Error in law - Trial Judge erred in holding Exhibits 1 & 2 - As “ancient documents” - Court of Appeal also erred - In not disturbing that finding. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

JUDGMENTS - Error in Law - Court of Appeal erred - In deciding that a Will of 1947 was revoked by marriage under the Act - Between couples of subsisting customary marriage. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

 

JUDGMENTS - Errors - Supreme Court - Finality of its decision - Pursuant to s. 215 of the 1979 Constitution - Whether a bar to moving the Court to correct errors in its judgment. IBE V. ONUORAH (1996) 12 KLR (PT 46) 2007; (1996) 9 NWLR (PT. 474) 624

 

JUDGMENTS - Evaluation of evidence - Evidence adequately evaluated by lower courts - Conclusion thereon is right. OGUNTOLU V. THE STATE (1996) 2 KLR (PT 38) 212; (1996) 2 NWLR (PT. 432) 503

 

JUDGMENTS - Findings on possession - By trial court - Is not based on proceedings in district court suit alone - But other evidence adduced before the court. AKPAN V. UTIN (1996) 6 KLR (PT 42) 1180; (1996) 7 NWLR (PT. 463) 634

 

JUDGMENTS - Hypothetical questions - In respect of a chieftaincy dispute - Whether high court has jurisdiction to determine it. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

JUDGMENTS - Imaginary scale - Failure of the trial judge to place the two sets of facts on an imaginary scale - Whether unfair against the appellant. AJIBONA V. KOLAWOLE (1996) 12 KLR (PT 46) 2048; (1996) 10 NWLR (PT. 476) 22

 

JUDGMENTS - Issue in question - Where resolved in favour of a party - Whether the Court is duty bound to enter judgment for that party. EIGBEJALE V. OKE (1996) 5 KLR (PT 41) 829; (1996) 5 NWLR (PT. 447) 128

 

JUDGMENTS - Natural consequence of court’s decision - Ought to be implemented by the party concerned - Without waiting for an Order of the Court. ADEFULU V. OKULAJA (1996) 12 KLR (PT 46) 2065; (1996) 9 NWLR (PT. 475) 668

 

JUDGMENTS - Null and void declaration - Made by the Supreme Court concerning a chieftaincy appointment - Implies that the appointment was never made. ADEFULU V. OKULAJA (1996) 12 KLR (PT 46) 2065; (1996) 9 NWLR (PT. 475) 668

 

JUDGMENTS - Nullity of judgment - Whether the principle that denying a party’s counsel opportunity to address court - Nullifies judgment - Applies to render judgment of trial court a nullity. OYEKAN V. AKINRINWA (1996) 7 KLR (PT 43) 1460; (1996) 7 NWLR (PT. 459) 128

 

JUDGMENTS - Order of retrial - To resolve material issue in a case where trial court fails to resolve it - Is a means of doing justice to both sides. OLUMOLU V. ISIAMIC TRUST OF NIGERIA (1996) 2 KLR (PT 38) 200; (1996) 2 NWLR (PT. 430) 253

 

JUDGMENTS - Previous Supreme Court judgment - Where very limited in scope - That no link can be established between the parcels of land in issue - That judgment should not be relied upon. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

JUDGMENTS - Reasons for a finding - Where erroneous but the decision is correct - They can only amount to a misdirection - And will not lead to a reversal of the judgment. UKPAKARA V. EBEVUHE (1996) 7 KLR (PT 43) 1391; (1996) 7 NWLR (PT. 460) 254

 

JUDGMENTS - Reliefs sought - Plaintiffs are entitled to reliefs sought - If allegations in their statement of claim are established. AKPAN V. UTIN (1996) 6 KLR (PT 42) 1180; (1996) 7 NWLR (PT. 463) 634

 

JUDGMENTS - Reversal - Justification for reversing a court - On amount of damages awarded. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

JUDGMENTS - Review - Whether Supreme Court will overrule its previous decision - Where complaint is only against dicta therein - Not the correctness of the final decision. OLADELE V. AROMOLARAN II (1996) 6 KLR (PT 42) 1032; (1996) 6 NWLR (PT. 453) 180

 

JUDGMENTS - Slip in judgment - Must be substantial - To warrant allowing the appeal. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

JUDGMENTS - Slip in judgment - Not every slip by a judge - Will lead to his judgment being upset. JESSICA TRADING CO. LTD. V. BENDEL INSURANCE (1996) 12 KLR (PT 46) 2105; (1996) 10 NWLR (PT. 476) 1

 

JUDGMENTS - Summary judgment - Where defendant shows he has a fair case for defence - Leave to defend ought to be granted - The summary judgment was rightly set aside. ADEBISI ASSO. LTD V. N.M.B LTD (1996) 2 KLR (PT 38) 220; (1996) 2 NWLR (PT. 431) 378

 

JUDGMENTS - Supreme Court - Error in a judgment - That is clerical or out of accidental slip - Can be corrected upon a motion to that effect. IBE V. ONUORAH (1996) 12 KLR (PT 46) 2007; (1996) 9 NWLR (PT. 474) 624

 

JUDGMENTS - Technicality - Misjoinder of parties and causes - Decision of Court - Whether to be based solely on technicality. AYANKOYA V. OLUKOYA (1996) 2 KLR (PT 38) 450; (1996) 4 NWLR (PT. 440) 1

 

JUDGMENTS - Verdict - Of trial Court as affirmed - Is sustainable - Even without the oral evidence complained of. EDOSOMWAN V. OGBEYFUN (1996) 4 KLR (PT 40) 580; (1996) 4 NWLR (PT. 442) 266

 

JUDGMENTS - Vitiation - Defect in proceedings - Whether a non fundamental defect in proceedings - Would vitiate a judgment. OLABANJI V. OMOKEWU (1996) 2 KLR (PT 38) 419

 

JURISDICTION - Boundary determination - Whether the High Court has jurisdiction - To determine the boundary between two communities - Under the Boundaries Settlement Law. STATE V. COMMISSIONER (1996) 4 KLR (PT 40) 690

 

JURISDICTION - Competence of appeal - Is a basic and fundamental issue that touch on jurisdiction - And should be dealt with at the earliest opportunity. NALSA & TEAM ASSO. V. NNPC (1996) 3 KLR (PT 39) 479; (1996) 3 NWLR (PT. 439) 621

 

JURISDICTION - Court of Appeal - Has no jurisdiction to hear and determine appeal against ruling of trial court - Granting unconditional leave to defend suit. NATIONAL BANK LTD. V. WEIDE & CO. LTD (1996) 9 KLR (PT 44) 1691; (1996) 8 NWLR (PT. 465) 150

 

JURISDICTION - Issue not presented - Whether the appellate Federal High Court lacked jurisdiction - Merely because it added “exclusively” - In determining the issue before it. SHELL PETROLEUM V. F.B.I.R. (1996) 9 KLR (PT 44) 1756; (1996) 8 NWLR (PT. 466) 256

 

JURISDICTION - Judgment - Supreme Court has an inherent jurisdiction - To set aside its judgment that is a nullity. OLABANJI V. OMOKEWU (1996) 2 KLR (PT 38) 419

 

JURISDICTION -Matrimonial Clauses - Where a decree nisi has been entered before the English Court - Supreme Court lacks jurisdiction. BHOJWANI V. BHOJWANI (1996) 7 KLR (PT 43) 1313; (1996) 6 NWLR (PT. 457) 661

 

JURISDICTION - Supervisory jurisdiction - Of Supreme Court over Court of Appeal - Exercise thereof depends on the existence of an appeal. OLABANJI V. OMOKEWU (1996) 2 KLR (PT 38) 419

 

JURISDICTION - Supreme Court - Has no jurisdiction - To set aside its order - Made under Order 6, rule 3(2). CHIME V. UDE (1996) 7 KLR (PT 43) 1487; (1996) 7 NWLR (PT. 461) 379

 

LAND LAW - Acts of ownership - Where a party has successfully traced his title - To a party whom both parties admitted as holding the original title - He is not required to prove any acts of ownership on the land. RUNSEWE V. ODUTOLA (1996) 3 KLR (PT 39) 515; (1996) 4 NWLR (PT. 441) 143

 

LAND LAW - Acts of ownership - Where root of title is not proved - It will not be necessary to consider acts of possession - Since such acts will become acts of trespass. LAWAL V. OLUFOWOBI (1996) 12 KLR (PT 46) 2241; (1996) 10 NWLR (PT. 477) 177

 

LAND LAW - Acts of possession - It is when both parties fail to prove title - That acts in recent times will be resorted to. OJO V. IGHODALO (1996) 5 KLR (PT 41) 874; (1996) 5 NWLR (PT. 450) 507

 

LAND LAW - Acts of possession - Where plaintiff founded his title on settlement and not possession - Whether he can turn round to rely on acts of possession. OJO V. IGHODALO (1996) 5 KLR (PT 41) 874; (1996) 5 NWLR (PT. 450) 507

 

LAND LAW - Admission - Where what was admitted was neither claimed nor proved - The admission goes to no issue. ONU V. AGU (1996) 5 KLR (PT 41) 900; (1996) 5 NWLR (PT. 451) 652

LAND LAW - Boundary between two communities - Dismissal of plaintiff’s claim per Se - Does not confer title on the defendant. STATE V. COMMISSIONER (1996) 4 KLR (PT 40) 690

 

LAND LAW - Boundary - Proof thereof - Where respondent is unable to prove boundary - And where there is a technical hitch - What is the proper Order to be made. OLUMOLU V. ISIAMIC TRUST OF NIGERIA (1996) 2 KLR (PT 38) 200; (1996) 2 NWLR (PT. 430) 253

 

LAND LAW - Communal land - Title thereto - When onus will shift to defendant - To establish exclusive ownership. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

LAND LAW - Communal ownership - Trial Court has jurisdiction to grant - The declaratory order of communal ownership - Under Land Use Act - As vesting of title on governor - Does not totally obliterate family ownership. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

LAND LAW - Customary arbitration - Where a dispute on the issue of pledge - Was voluntarily submitted to a customary arbitration - Whether their decision is binding on the parties. UME V. OKORONKWO (1996) 12 KLR (PT 46) 2297; (1996) 10 NWLR (PT. 477) 133

 

LAND LAW - Customary arbitration - Whether in view of the sole issue before the arbitration - It was unnecessary to grant a hearing to 2nd defendant. UME V. OKORONKWO (1996) 12 KLR (PT 46) 2297; (1996) 10 NWLR (PT. 477) 133

 

LAND LAW - Damages for trespass - Where plaintiff’s claim for title failed - But he was found to be in possession - Whether damages for trespass and injunction - Will be granted in plaintiff’s favour. BANGBOYE V. OLUSOGA (1996) 4 KLR (PT 40) 655; (1996) 4 NWLR (PT. 444) 520

 

LAND LAW - Declaration of title - Before it is granted - Need to ascertain definite and precise boundaries of the land. ONU V. AGU (1996) 5 KLR (PT 41) 900; (1996) 5 NWLR (PT. 451) 652

 

LAND LAW - Dismissal - Where evidence of traditional history and acts of ownership - Fail to establish that plaintiff has a better title than the defendant - Plaintiff’s claim has to be dismissed. OLUKOGA V. FATUNDE (1996) 9 KLR (PT 44) 1539; (1996) 7 NWLR (PT. 462) 516

 

LAND LAW - Documents of title - Failure to produce document of title relied upon - Whether plaintiff’s case must fail thereby. ATUNRASE V. PHILLIPS (1996) 1 KLR (PT 37) 136; (1996) 1 NWLR (PT. 427) 637

 

LAND LAW - Documents - Whether treatment or non-treatment of documents of plaintiffs - Who fail to prove their root of title - Can advance their case. LAWAL V. OLUFOWOBI (1996) 12 KLR (PT 46) 2241; (1996) 10 NWLR (PT. 477) 177

 

LAND LAW - Equity - Fraudulent concealment - To enter a land without the knowledge of the owner - Does not constitute concealed fraud. AJIBONA V. KOLAWOLE (1996) 12 KLR (PT 46) 2048; (1996) 10 NWLR (PT. 476) 22

 

LAND LAW - Equity - Purchase of property - On equitable grounds - Where no evidence was led to support the plea - It shall not be granted. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

LAND LAW - Identity of the land in dispute - Where not in controversy - Whether the respondents went beyond the land granted to them - By the appellant. AKUNYILI V. EJIDIKE (1996) 4 KLR (PT 40) 747; (1996) 5 NWLR (PT. 449) 381

 

LAND LAW - Identity of the land - Where defendants’ traverse rendered extent of the claim uncertain - the claim will fail. ONU V. AGU (1996) 5 KLR (PT 41) 900; (1996) 5 NWLR (PT. 451) 652

 

LAND LAW - Islamic principle - Of ownership taking priority over undisturbed possession - Whether apposite in the present case - Where appellant’s evidence of ownership is contradictory. HUNARE V. NANA (1996) 1 KLR (PT 37) 126; (1996) 1 NWLR (PT. 425) 381

 

LAND LAW - Jurisdiction - In matters relating to statutory right of occupancy - Exclusive original jurisdiction belong to the High Court. SADIUKWU V. DALORI (1996) 4 KLR (PT 40) 796; (1996) 5 NWLR (PT. 447) 151

 

LAND LAW - Jurisdiction - In proceedings involving customary right of occupancy - Granted by a local authority - Is conferred on area or customary court - And not the High Court. SADIUKWU V. DALORI (1996) 4 KLR (PT 40) 796; (1996) 5 NWLR (PT. 447) 151

 

LAND LAW - Limitation law - Knowledge on the part of the plaintiff - About the date defendant entered the land - Is not a condition precedent. AJIBONA V. KOLAWOLE (1996) 12 KLR (PT 46) 2048; (1996) 10 NWLR (PT. 476) 22

 

LAND LAW - Lis pendens doctrine - Transfer of land during the pendency of a suit - Whether the document of transfer is admissible. BANGBOYE V. OLUSOGA (1996) 4 KLR (PT 40) 655; (1996) 4 NWLR (PT. 444) 520

 

LAND LAW - Location of the land in dispute - Whether in issue and relevant - In the determination of ownership in the present case. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

LAND LAW - Locus in quo - Visit thereto - Whether a judge can truly be said to have resisted visit to locus - Where there is no application to that effect. DIELI V. IWUNO (1996) 4 KLR (PT 40) 543; (1996) 4 NWLR (PT. 445) 622

 

LAND LAW - Nexus - Failure to relate the land in dispute - To the land acquired by government who paid rent to plaintiffs - Whether the case is destroyed thereby. EMODI V. KWENTOH (1996) 2 KLR (PT 38) 232; (1996) 2 NWLR (PT. 433) 656

 

LAND LAW - Non urban land - Land Use Act - Whether showing that land is an extensive farm land - Justifies inference that the land is in non urban area - Under the land Use Act. DIELI V. IWUNO (1996) 4 KLR (PT 40) 543; (1996) 4 NWLR (PT. 445) 622

 

LAND LAW - Ownership - Admissibility - Whether Exhibit E is admissible - As evidence of act of ownership by plaintiffs. AKPAN V. UTIN (1996) 6 KLR (PT 42) 1180; (1996) 7 NWLR (PT. 463) 634

 

LAND LAW - Ownership - Competing histories of both parties - Whether resolved by trial court in accordance with the principles. EMODI V. KWENTOH (1996) 2 KLR (PT 38) 232; (1996) 2 NWLR (PT. 433) 656

 

LAND LAW - Ownership - Probability - Raised under s. 46 E.A - As to possibility of acts of possession being evidence of ownership - Whether applicable in all circumstances. OLUKOGA V. FATUNDE (1996) 9 KLR (PT 44) 1539; (1996) 7 NWLR (PT. 462) 516

 

LAND LAW - Ownership - Proof - Communal ownership of the land in dispute - Whether proved by the plaintiffs. LAWAL V. OLUFOWOBI (1996) 12 KLR (PT 46) 2241; (1996) 10 NWLR (PT. 477) 177

 

LAND LAW - Ownership - Where not established based on traditional evidence - Whether evidence of various acts of ownership and possession. Are enough to warrant the inference that plaintiffs are exclusive owners. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

LAND LAW - Ownership - Whether ownership from time immemorial - Must be established - Before plaintiffs can lead evidence on their acts possession - Where they did not rely exclusively on traditional evidence. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

LAND LAW - Possession - Exercise of acts of possession by the plaintiff - Without any protest from the original owners - Supports the claim that plaintiffs have bought the land. ATUNRASE V. PHILLIPS (1996) 1 KLR (PT 37) 136; (1996) 1 NWLR (PT. 427) 637

 

LAND LAW - Possession - Exhibits relied upon by the plaintiffs - Where they do not relate to the land in dispute - Allegation that exclusive possession is proved - Is misconceived. EMODI V. KWENTOH (1996) 2 KLR (PT 38) 232; (1996) 2 NWLR (PT. 433) 656

 

LAND LAW - Possession - Land Use Act - Possession simpliciter - Does not confer entitlement to right of occupancy - As it must be shown that possession was rightly conferred. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

LAND LAW - Possession of adjoining land - Whether proved by plaintiffs - To warrant drawing inference under s. 45 Evidence Act - In their favour. NNEJI V. CHUKWU (1996) 12 KLR (PT 46) 2226; (1996) 10 NWLR (PT. 478) 265

 

LAND LAW - Possession - Prior proceedings before customary court - Whether properly treated as evidence of possession. UKPAKARA V. EBEVUHE (1996) 7 KLR (PT 43) 1391; (1996) 7 NWLR (PT. 460) 254

 

LAND LAW - Possession under Islamic law - Doctrine of long and undisturbed possession of land - Whether applicable unto extinguishing appellant’s claim of ownership. HUNARE V. NANA (1996) 1 KLR (PT 37) 126; (1996) 1 NWLR (PT. 425) 381

 

LAND LAW - Possession under Islamic law - Ten years peaceful possession of land - Is a bar to action against non blood related possessor. HUNARE V. NANA (1996) 1 KLR (PT 37) 126; (1996) 1 NWLR (PT. 425) 381

 

LAND LAW - Possession - Where defendant has been in actual possession for over 12 years - Whether a case of exclusive possession is made out. AJIBONA V. KOLAWOLE (1996) 12 KLR (PT 46) 2048; (1996) 10 NWLR (PT. 476) 22

 

LAND LAW - Possession - Where not exclusive to the appellants - Whether user of communal land - Can ripen into personal ownership. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

LAND LAW - Possession - Where respondents show by credible traditional evidence that they are in possession - Trial court’s finding to that effect - Will not be interfered with. UKPAKARA V. EBEVUHE (1996) 7 KLR (PT 43) 1391; (1996) 7 NWLR (PT. 460) 254

 

LAND LAW - Possession - Whether appellant established exclusive possession - As would terminate the presumed possession of the respondent. RUNSEWE V. ODUTOLA (1996) 3 KLR (PT 39) 515; (1996) 4 NWLR (PT. 441) 143

 

LAND LAW - Possession - Whether evidence of possession was given by the plaintiff - And determined by the trial court. EIGBEJALE V. OKE (1996) 5 KLR (PT 41) 829; (1996) 5 NWLR (PT. 447) 128

 

LAND LAW - Possession - Whether from the records plaintiff’s evidence of acts of possession - Was accepted by the trial court. ONU V. AGU (1996) 5 KLR (PT 41) 900; (1996) 5 NWLR (PT. 451) 652

 

LAND LAW - Possession - Whether there is sufficient evidence to support the finding - That the defendants were in prior possession. SHITTU V. EGBEYEMI (1996) 7 KLR (PT 43) 1303; (1996) 6 NWLR (PT. 457) 650

 

LAND LAW - possession - Decision of arbitration - Or previous judgment - Where it cannot operate as estoppel - Can properly constitute act of possession. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

LAND LAW - Previous Supreme Court judgment - Where very limited in scope - That no link can be established between the parcels of land in issue - That judgment should not be relied upon. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

LAND LAW - Proof of ownership - Where the parties agreed and the court found respondents were original owners - The onus in on the appellants to establish a change of ownership. UKPAKARA V. EBEVUHE (1996) 7 KLR (PT 43) 1391; (1996) 7 NWLR (PT. 460) 254

 

LAND LAW - Redemption - finding that the land in dispute was not pledged - Knocks of the allegation that the appellants redeemed the land. UKPAKARA V. EBEVUHE (1996) 7 KLR (PT 43) 1391; (1996) 7 NWLR (PT. 460) 254

 

LAND LAW - Res judicata - Subject matter - Land law - Whether the parcel of land in issue - Is the same as in the previous suit - Merely because they bear the same name. OLUKOGA V. FATUNDE (1996) 9 KLR (PT 44) 1539; (1996) 7 NWLR (PT. 462) 516

 

LAND LAW - Root of title - Where defendant’s evidence thereon was not controverted - Whether mere possession can confer right of occupancy - Upon the plaintiff under the Land Use Act. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

LAND LAW - Sale - Relying on other evidence of sale in finding for a party - That failed to produce document of title also pleaded - Whether proper. ATUNRASE V. PHILLIPS (1996) 1 KLR (PT 37) 136; (1996) 1 NWLR (PT. 427) 637

 

LAND LAW - Survey plan - Where a party gives contradictory evidence to his survey plan - The Court will not attach Credibility to the plan. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

LAND LAW - Survey plan - Whether a surveyor must testify - Before court can attach credibility - To the tendered survey plan. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

LAND LAW - Title - Burden of proof rests squarely on plaintiff - The weakness of respondent’s case - Is no substitute to the onus on the plaintiff. EDOSOMWAN V. OGBEYFUN (1996) 4 KLR (PT 40) 580; (1996) 4 NWLR (PT. 442) 266

 

LAND LAW - Title - Burden of proof - Whether to be extended to the area of land - That is not in dispute. EIGBEJALE V. OKE (1996) 5 KLR (PT 41) 829; (1996) 5 NWLR (PT. 447) 128

 

LAND LAW - Title - Claiming ownership through same descendants as the defendants - Onus of proof rests on the plaintiffs. LAWAL V. OLUFOWOBI (1996) 12 KLR (PT 46) 2241; (1996) 10 NWLR (PT. 477) 177

 

LAND LAW - Title - Declaration of title - Before it is granted - Need to ascertain definite and precise boundaries of the land. ONU V. AGU (1996) 5 KLR (PT 41) 900; (1996) 5 NWLR (PT. 451) 652

 

LAND LAW - Title - Evidence of receipt of rent - In respect of a different land - Whether of any probative value - When no evidence of acts of possession were given at all. EMODI V. KWENTOH (1996) 2 KLR (PT 38) 232; (1996) 2 NWLR (PT. 433) 656

 

LAND LAW - Title - Exclusive possession - Where appellant relied on and proved traditional evidence - Whether he is entitled to succeed - Without proving exclusive possession and acts of ownership not relied upon. EIGBEJALE V. OKE (1996) 5 KLR (PT 41) 829; (1996) 5 NWLR (PT. 447) 128

 

LAND LAW - Title - Having admitted that the radical title is in the defendants - The onus is on the plaintiffs - To prove that the land has been sold to their predecessor in title. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

LAND LAW - Title - In view of defendant copious evidence of recent possession - Whether the trial court erred by disbelieving them. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

LAND LAW - Title - Is put in issue in a claim for trespass and injunction - And to be ascribed to the party that proved same. OJO V. IGHODALO (1996) 5 KLR (PT 41) 874; (1996) 5 NWLR (PT. 450) 507

 

LAND LAW - Title - Land Use Act - Whether customary right over land - Is taken away from a person or community by the Land Use Act. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

LAND LAW - Title - Modes of proving title - Whether proof of possession of connected land - Avails the plaintiffs. EMODI V. KWENTOH (1996) 2 KLR (PT 38) 232; (1996) 2 NWLR (PT. 433) 656

 

LAND LAW - Title - Possession - Where plaintiff failed to prove title - Whether he established possession. BANGBOYE V. OLUSOGA (1996) 4 KLR (PT 40) 655; (1996) 4 NWLR (PT. 444) 520

 

LAND LAW - Title - Proof - Where there is conflicting traditional evidence - Whether the lower court was right - In shutting out the evidence on the other ways of proving title. AKUNYILI V. EJIDIKE (1996) 4 KLR (PT 40) 747; (1996) 5 NWLR (PT. 449) 381

 

LAND LAW - Title - Reliance on acts of possession and ownership - Such acts must extend over a sufficient length of time - Must be numerous and positive enough - For claimant to succeed. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

LAND LAW - Title - Reliefs sought - Plaintiffs are entitled to reliefs sought - If allegations in their statement of claim are established. AKPAN V. UTIN (1996) 6 KLR (PT 42) 1180; (1996) 7 NWLR (PT. 463) 634

 

LAND LAW - Title - Root of title not pleaded and proved - The claim must fail. AMOBI V. AMOBI (1996) 9 KLR (PT 44) 1715; (1996) 8 NWLR (PT. 469) 438

 

LAND LAW - Title - Since the enactment of s. 40 Land Use Act - What order can the court make - With respect to parties’ right to title. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

LAND LAW - Title - Technical language of s. 40 Land Use Act - Where not employed by a party - Whether the judgment is vitiated. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

LAND LAW - Title - Traditional evidence - Where inconclusive - Whether evidence of acts of ownership and possession - Are sufficient to entitle a party to declaration of title. AKUNYILI V. EJIDIKE (1996) 4 KLR (PT 40) 747; (1996) 5 NWLR (PT. 449) 381

 

LAND LAW - Title - Where a party relies on documentary title - Due execution must be proved. BANGBOYE V. OLUSOGA (1996) 4 KLR (PT 40) 655; (1996) 4 NWLR (PT. 444) 520

 

LAND LAW - Title - Where claimed through a grant or inheritance - Need for clear evidence of traditional history. BANGBOYE V. OLUSOGA (1996) 4 KLR (PT 40) 655; (1996) 4 NWLR (PT. 444) 520

 

LAND LAW - Title - Where defendants also claim title in their counter claim - They cannot rely on plaintiffs’ admissions - To discharge the burden on them. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

LAND LAW - Title - Where derived by grant or inheritance - Need to prove the persons who founded the land originally. NNEJI V. CHUKWU (1996) 12 KLR (PT 46) 2226; (1996) 10 NWLR (PT. 478) 265

 

LAND LAW - Title - Where plaintiff fails to claim title to a particular area of land - Whether defendants’ admission per se - Is enough to grant success to plaintiffs. ONU V. AGU (1996) 5 KLR (PT 41) 900; (1996) 5 NWLR (PT. 451) 652

 

LAND LAW - Title - Where plaintiffs relied on pleaded three roots of title - Failure to prove one root of title is not fatal. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

LAND LAW - Title - Where put in issue by virtue of plaintiff’s claim - Plaintiff must prove a better title - In order to succeed. AMOBI V. AMOBI (1996) 9 KLR (PT 44) 1715; (1996) 8 NWLR (PT. 469) 438

 

LAND LAW - Traditional evidence - Of settlement on the land in dispute - Whether properly rejected by the two lower courts. OJO V. IGHODALO (1996) 5 KLR (PT 41) 874; (1996) 5 NWLR (PT. 450) 507

 

LAND LAW - Traditional histories - Issues decided thereon in earlier unrelated cases - Cannot be relied upon. EMODI V. KWENTOH (1996) 2 KLR (PT 38) 232; (1996) 2 NWLR (PT. 433) 656

 

LAND LAW - Traditional history - Competing histories of both parties - Whether resolved by trial court in accordance with the principles. EMODI V. KWENTOH (1996) 2 KLR (PT 38) 232; (1996) 2 NWLR (PT. 433) 656

 

LAND LAW - Traditional history - Conflict therein - Whether trial judge did proper evaluation - In preferring one of the conflicting stories. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

LAND LAW - Traditional history - Evidence thereof - Whether irrelevant in view of the Land Use Act - Whether the Act wiped away normal methods of acquiring possession. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

LAND LAW - Traditional history - Whether mere proof of it - Is enough to entitle plaintiff to declaration of title. RUNSEWE V. ODUTOLA (1996) 3 KLR (PT 39) 515; (1996) 4 NWLR (PT. 441) 143

 

LAND LAW - Trespass - Action for trespass - Is at the suit of the person in possession - Appellant not being in possession cannot succeed in his claim for trespass. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

LAND LAW - Trespass - Better title - Where not proved by the plaintiff - Whether her claims were rightly dismissed by the lower courts. SHITTU V. EGBEYEMI (1996) 7 KLR (PT 43) 1303; (1996) 6 NWLR (PT. 457) 650

 

LAND LAW - Trespass - Failure to demonstrate acts of ownership - And or prove exclusive possession - Action for trespass cannot be maintained. EMODI V. KWENTOH (1996) 2 KLR (PT 38) 232; (1996) 2 NWLR (PT. 433) 656

 

LAND LAW - Trespass - Person in exclusive possession - Can bring action for trespass against anybody - Save a person with a better title. AKUNYILI V. EJIDIKE (1996) 4 KLR (PT 40) 747; (1996) 5 NWLR (PT. 449) 381

 

LAND LAW - Trespass - Possession is good against the whole world - Save the person who can show a good title. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

LAND LAW - Trespass - Things to be determined in a claim for trespass - Include exclusive possession and best right of possession. SHITTU V. EGBEYEMI (1996) 7 KLR (PT 43) 1303; (1996) 6 NWLR (PT. 457) 650

 

LAND LAW - Trespass - Where appellant sued for damages for trespass - He should aver and prove physical or constructive possession - In order to succeed. OGUNBIYI V. ISHOLA (1996) 5 KLR (PT 41) 939; (1996) 6 NWLR (PT. 452) 12

 

LAND LAW - Urban area - Power of the governor under the Act to so designate an area - Where not exercised in respect of an area - Disputed land therein remains within the control of a local government. SADIUKWU V. DALORI (1996) 4 KLR (PT 40) 796; (1996) 5 NWLR (PT. 447) 151

 

LAND LAW - User of land - Where put in issue by the defendants - Whether plaintiffs proved their alleged act of possession. NNEJI V. CHUKWU (1996) 12 KLR (PT 46) 2226; (1996) 10 NWLR (PT. 478) 265

 

LAND USE ACT - Communal land - Title thereto - When onus will shift to defendant - To establish exclusive ownership. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

LAND USE ACT - Consent of the governor - Considering the applicable statutes - Whether validly given. UGOCHUKWU V. C.C.B. LTD. (1996) 7 KLR (43) 1267; (1996) 6 NWLR (PT. 456) 524

 

LAND USE ACT - Jurisdiction - In matters relating to statutory right of occupancy - Exclusive original jurisdiction belong to the High Court. SADIUKWU V. DALORI (1996) 4 KLR (PT 40) 796; (1996) 5 NWLR (PT. 447) 151

 

LAND USE ACT - Jurisdiction - In proceedings involving customary right of occupancy - Granted by a local authority - Is conferred on area or customary court - And not the High Court. SADIUKWU V. DALORI (1996) 4 KLR (PT 40) 796; (1996) 5 NWLR (PT. 447) 151

 

LAND USE ACT - Non urban land - Land Use Act - Whether showing that land is an extensive farm land - Justifies inference that the land is in non urban area - Under the land Use Act. DIELI V. IWUNO (1996) 4 KLR (PT 40) 543; (1996) 4 NWLR (PT. 445) 622

 

LAND USE ACT - Possession simpliciter - Does not confer entitlement to right of occupancy - As it must be shown that possession was rightly conferred. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

LAND USE ACT - Root of title - Where defendant’s evidence thereon was not controverted - Whether mere possession can confer right of occupancy - Upon the plaintiff under the Land Use Act. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

LAND USE ACT- Title - Since the enactment of s. 40 Land Use Act - What order can the court make - With respect to parties’ right to title. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

LAND USE ACT - Title - Technical language of s. 40 Land Use Act - Where not employed by a party - Whether the judgment is vitiated. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

LAND USE ACT - Title - Whether customary right over land - Is taken away from a person or community by the Land Use Act. OGBONI V. OJAH (1996) 6 KLR (PT 42) 1097; (1996) 6 NWLR (PT. 454) 272

 

LAND USE ACT - Traditional history - Evidence thereof - Whether irrelevant in view of the Land Use Act - Whether the Act wiped away normal methods of acquiring possession. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

LAND USE ACT - Urban area - Power of the governor under the Act to so designate an area - Where not exercised in respect of an area - Disputed land therein remains within the control of a local government. SADIUKWU V. DALORI (1996) 4 KLR (PT 40) 796; (1996) 5 NWLR (PT. 447) 151

 

LANDLORD & TENANT - Challenge to Landlord’s authority - By the tenants - Makes the tenants trespassers. AKUNYILI V. EJIDIKE (1996) 4 KLR (PT 40) 747; (1996) 5 NWLR (PT. 449) 381

 

LANDLORD & TENANT - Customary tenant - Failure to pay tribute - Under Yoruba custom - Whether dependent on landlord’s demand. OLUGBODE V. SANGODEYI (1996) 4 KLR (PT 40) 618; (1996) 4 NWLR (PT. 444) 500

 

LANDLORD & TENANT - Forfeiture - Gross misconduct touching directly on the Landlord’s title - Whether a compelling ground for grant of forfeiture. OLUGBODE V. SANGODEYI (1996) 4 KLR (PT 40) 618; (1996) 4 NWLR (PT. 444) 500

 

LANDLORD & TENANT - Forfeiture - Possession is automatically forfeited by a tenant - Who commits aggravated misconduct - By challenging his landlord’s title. OLUGBODE V. SANGODEYI (1996) 4 KLR (PT 40) 618; (1996) 4 NWLR (PT. 444) 500

 

LANDLORD & TENANT - Forfeiture - Possession - Principle guiding reliefs to be sought - By tenant who wants to retain possession - Against a victorious landlord on title. OLUGBODE V. SANGODEYI (1996) 4 KLR (PT 40) 618; (1996) 4 NWLR (PT. 444) 500

 

LANDLORD & TENANT - Forfeiture - Relief against forfeiture claim - Should not be granted to a tenant - Who did not plead for the relief. OLUGBODE V. SANGODEYI (1996) 4 KLR (PT 40) 618; (1996) 4 NWLR (PT. 444) 500

 

LANDLORD & TENANT - Recovery of possession - Grant of possession to the Landlord for overriding family convenience - Whether the lower courts can be faulted for making the grant. COKER V. ADETAYO (1996) 6 KLR (PT 42) 1084; (1996) 6 NWLR (PT. 454) 258

 

LANDLORD & TENANT - Recovery of premises - Length of notice to recover possession by the landlord - Can be as stated in the tenancy agreement. COKER V. ADETAYO (1996) 6 KLR (PT 42) 1084; (1996) 6 NWLR (PT. 454) 258

 

LANDLORD & TENANT - Recovery of premises - Notice of intention to recover possession - Circumstances under which it may be served first - Towards recovering possession from tenant. COKER V. ADETAYO (1996) 6 KLR (PT 42) 1084; (1996) 6 NWLR (PT. 454) 258

 

LANDLORD & TENANT - Trespass and possession - Where the landlord has leased the property to a tenant - Whether Landlord who is not in possession - Can succeed in trespass. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

LEASES - Setting aside of lease - Though the lease has been executed and registered - Where the case has great merit - The lease will be set aside. ASHDC V. EMEKWUE (1996) 1 KLR (PT 37) 91; (1996) 1 NWLR (PT. 426) 505

 

LEASES - Surrender of lease - Though not intended by the respondent - Effect of his failure to fulfil a fundamental obligation under the contract. ASHDC V. EMEKWUE (1996) 1 KLR (PT 37) 91; (1996) 1 NWLR (PT. 426) 505

 

LEGAL PRACTITIONERS - Address by counsel - Whether the principle that denying a party’s counsel opportunity to address court - Nullifies judgment - Applies to render judgment of trial court a nullity. OYEKAN V. AKINRINWA (1996) 7 KLR (PT 43) 1460; (1996) 7 NWLR (PT. 459) 128

 

LEGAL PRACTITIONERS - Evidence - Admissibility - Hearing date endorsed on counsel’s file - Stumbled upon by trial judge in the course of proceedings - Whether admissible. OSHUNRINDE V. AKANDE (1996) 6 KLR (PT 42) 1169; (1996) 6 NWLR (PT. 455) 383

 

LEGISLATION - Chieftaincy matters - Gazetted notification of appointment of Chief - Whether capable of curing the defect in the appointment. GBAFE V. GBAFE (1996) 6 KLR (PT 42) 1144; (1996) 6 NWLR (PT. 455) 417

 

LEGISLATION - Chieftaincy Matters - Governor’s Order - That created chieftaincy electoral college - Where power to make the Order was not available under the section relied upon - Whether any other enabling legislation will be considered. IBRAHIM V. BARDE (1996) 12 KLR (PT 46) 1833; (1996) 9 NWLR (PT. 474) 513

 

LEGISLATION - Power of Governor to make Order - Where not available under the section relied upon in making the Order - Whether any other enabling legislation will be considered. IBRAHIM V. BARDE (1996) 12 KLR (PT 46) 1833; (1996) 9 NWLR (PT. 474) 513

 

LEGISLATION - Power to make Order - Where the Governor’s Order is gazetted - Whether the Order was properly made. IBRAHIM V. BARDE (1996) 12 KLR (PT 46) 1833; (1996) 9 NWLR (PT. 474) 513

 

LEGISLATION - Procedure for passing bills - Where complied with - Whether the law in question was validly passed. IBRAHIM V. BARDE (1996) 12 KLR (PT 46) 1833; (1996) 9 NWLR (PT. 474) 513

 

LIMITATION OF ACTIONS - Land Law - Knowledge on the part of the plaintiff - About the date defendant entered the land - Is not a condition precedent. AJIBONA V. KOLAWOLE (1996) 12 KLR (PT 46) 2048; (1996) 10 NWLR (PT. 476) 22

 

LOCUS IN QUO - Visit to locus - Court’s decision suo motu to visit Locus in quo - Without application by either party - Whether in order. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

LOCUS IN QUO - Visit to locus - Judge’s observation at locus in quo - Not to be substituted for sworn testimony. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

LOCUS IN QUO - Visit to locus - Trial judge was in order in visiting the locus in quo - No miscarriage of justice was occasioned thereby. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

LOCUS IN QUO - Visit to Locus in quo - Whether a judge can truly be said to have resisted visit to locus - Where there is no application to that effect. DIELI V. IWUNO (1996) 4 KLR (PT 40) 543; (1996) 4 NWLR (PT. 445) 622

 

LOCUS STANDI - Actions - Where plaintiff prosecuted an action on behalf of a community - His evidence on matters that were not pleaded - Cannot make him to say he lacked locus standi. OMEREDE V. ELEAZU (1996) 5 KLR (PT 41) 954; (1996) 6 NWLR (PT. 452) 1

 

MASTER & SERVANT - Conditions of contract - Where clearly spelt out - Another document cannot be relied on - In denying the Managing Director’s power to terminate the employment. LAYADE V. PANALPINA (1996) 7 KLR (PT 43) 1288; (1996) 6 NWLR (PT. 456) 544

 

MASTER & SERVANT - Contract of service - Where plaintiff relied on a document and Decree as governing it - Whether the lower court rightly applied a different Act. UNICAL V. ESSIEN (1996) 12 KLR (PT 46) 2184; (1996) 10 NWLR (PT. 477) 225

 

MASTER & SERVANT - Disciplinary proceedings - Person that may be affected thereby - Nature of notice that must be given to him. YUSUF V. UNION BANK (1996) 6 KLR (PT 42) 1249; (1996) 6 NWLR (PT. 457) 632

 

MASTER & SERVANT - Extrinsic evidence - Contract of employment - Where clear and certain as to its terms - Trial court was wrong in admitting extrinsic evidence. LAYADE V. PANALPINA (1996) 7 KLR (PT 43) 1288; (1996) 6 NWLR (PT. 456) 544

 

MASTER & SERVANT - Fair hearing - Whether plaintiff was given a fair hearing - Before his appointment was terminated. UNICAL V. ESSIEN (1996) 12 KLR (PT 46) 2184; (1996) 10 NWLR (PT. 477) 225

 

MASTER & SERVANT - Gross misconduct - Whether employee must be tried before a court - For gross misconduct bordering on criminality - Before he can be summarily dismissed. YUSUF V. UNION BANK (1996) 6 KLR (PT 42) 1249; (1996) 6 NWLR (PT. 457) 632

 

MASTER & SERVANT - Misconduct - Whether plaintiff was rightly terminated for misconduct. UNICAL V. ESSIEN (1996) 12 KLR (PT 46) 2184; (1996) 10 NWLR (PT. 477) 225

 

MASTER & SERVANT - Reasons for termination - May be good or bad - Subject to applicable remedies. LAYADE V. PANALPINA (1996) 7 KLR (PT 43) 1288; (1996) 6 NWLR (PT. 456) 544

 

MASTER & SERVANT - Retiring age of 60 years - Whether agreed upon by the parties. OLANLEGE V. AFRO CONTINENTAL LTD. (1996) 7 KLR (PT 43) 1416; (1996) 7 NWLR (PT. 458) 29

 

MASTER & SERVANT - Summary dismissal - Fair hearing - Whether appellant was summarily dismissed without fair hearing. YUSUF V. UNION BANK (1996) 6 KLR (PT 42) 1249; (1996) 6 NWLR (PT. 457) 632

 

MASTER & SERVANT - Surcharge - Pensions Act - That provided for a surcharge of employee’s benefit - Where steps to be taken before the surcharge were neglected - The surcharge is improper. ANIMASHAUN V. UNIVERSITY COLLEGE HOSPITAL (1996) 12 KLR (PT 46) 2035; (1996) 10 NWLR (PT. 476) 65

 

MASTER & SERVANT - Tenure of office - Burden of proof - Principal issue submitted by the plaintiff - Where not proved by him - Whether his case was rightly dismissed. OLANLEGE V. AFRO CONTINENTAL LTD. (1996) 7 KLR (PT 43) 1416; (1996) 7 NWLR (PT. 458) 29

 

MASTER & SERVANT - Termination of appointment - Where not in breach of the parties contract - Plaintiff’s case was rightly dismissed by trial court. UNICAL V. ESSIEN (1996) 12 KLR (PT 46) 2184; (1996) 10 NWLR (PT. 477) 225

MASTER & SERVANT - Termination - Where executed in line with the parties’ contract - Whether wrongful. LAYADE V. PANALPINA (1996) 7 KLR (PT 43) 1288; (1996) 6 NWLR (PT. 456) 544

 

MATRIMONIAL CAUSES - Decree nisi - Where already obtained before the English court by one spouse - The issue of jurisdiction or domicile is no longer relevant. BHOJWANI V. BHOJWANI (1996) 7 KLR (PT 43) 1313; (1996) 6 NWLR (PT. 457) 661

 

MATRIMONIAL CAUSES - Jurisdiction - Where a decree nisi has been entered before the English Court - Supreme Court lacks jurisdiction. BHOJWANI V. BHOJWANI (1996) 7 KLR (PT 43) 1313; (1996) 6 NWLR (PT. 457) 661

 

MATRIMONIAL CAUSES - Marriage Act - Marriage thereunder by couples of subsisting customary marriage - Whether intended to nullify existing customary marriage. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

 

MORTGAGES - Finding of lower courts - That the property in issue was mortgaged - Whether to be disturbed. UGOCHUKWU V. C.C.B. LTD. (1996) 7 KLR (43) 1267; (1996) 6 NWLR (PT. 456) 524

 

MORTGAGES - Legal fee for mortgage preparation - Where the mortgage is not proved - No judicial notice will be taken - About debiting a mortgagor with such fees. TSOKWA & CO. LTD. V. UNION BANK (1996) 12 KLR (PT 46) 2254; (1996) 9 NWLR (PT. 471) 129

 

MORTGAGES - Legal mortgage - Consent endorsed thereon by the Commissioner of Works and Housing - Whether proper. UGOCHUKWU V. C.C.B. LTD. (1996) 7 KLR (43) 1267; (1996) 6 NWLR (PT. 456) 524

 

MURDER - Alibi - Where not investigated - And the prosecution’s case is full of contradictions - The conviction would be set aside. CHUKWU V. THE STATE (1996) 9 KLR (PT 44) 1555; (1996) 7 NWLR (PT. 463) 686

 

MURDER - Burden of proof - What prosecution must prove - To establish a charge of murder. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

MURDER - Burden of proof - What prosecution must prove - To discharge the burden of proof in murder charge. GIRA V. THE STATE (1996) 4 KLR (PT 40) 638; (1996) 4 NWLR (PT. 443) 375

 

MURDER - Burden of proof - Whether prosecution established beyond reasonable doubt - Ingredients of murder as required. OHUNYON V. THE STATE (1996) 2 KLR (PT 38) 359; (1996) 3 NWLR (PT. 436) 264

 

MURDER - Contradictions in evidence - Where the murder charge is proved beyond reasonable doubt - Other alleged contradictions are deemed immaterial. THEOPHILUS V. THE STATE (1996) 1 KLR (PT 37) 62; (1996) 1 NWLR (PT. 423) 139

 

MURDER - Evidence - Whether sufficient - To justify lower courts’ finding of murder. EDHIGERE V. THE STATE (1996) 9 KLR (PT 44) 1661; (1996) 8 NWLR (PT. 464) 1

 

MURDER - Inference of murder - Whether person with whom deceased was last seen alive - Is the murderer. NWAEZE V. THE STATE (1996) 2 KLR (PT 38) 179; (1996) 2 NWLR (PT. 428) 1

 

MURDER - Ingredients - Of the offence of murder - Whether established prima facie. ABOGEDE V. THE STATE (1996) 4 KLR (PT 40) 783; (1996) 5 NWLR (PT. 448) 270

 

MURDER - Intoxication - Where appellant alleged that he drank 2 bottles of bear according to his capacity - Defence of intoxication cannot avail him. THEOPHILUS V. THE STATE (1996) 1 KLR (PT 37) 62; (1996) 1 NWLR (PT. 423) 139

 

MURDER - Medical Evidence - Absence thereof - When court will infer cause of death from circumstances. OGUNTOLU V. THE STATE (1996) 2 KLR (PT 38) 212; (1996) 2 NWLR (PT. 432) 503

 

MURDER - Proof - Contention that case was not proved beyond reasonable doubt - Whether sustainable. EDAMINE V. THE STATE (1996) 3 KLR (PT 39) 531; (1996) 3 NWLR (PT. 438) 530

 

MURDER - Proof - What the prosecution must prove beyond reasonable doubt. ABOGEDE V. THE STATE (1996) 4 KLR (PT 40) 783; (1996) 5 NWLR (PT. 448) 270

 

MURDER - Proof - Whether proved beyond reasonable doubt - In the circumstances of this case. GIRA V. THE STATE (1996) 4 KLR (PT 40) 638; (1996) 4 NWLR (PT. 443) 375

 

ORDERS - Consequential Order - Whether an unclaimed relief granted - Is a consequential order. EZEONWU V. ONYECHI (1996) 2 KLR (PT 38) 382; (1996) 3 NWLR (PT. 438) 499

ORDERS - Dismissal - Where the defendants failed in their counter claim - The proper order to make is dismissal. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

ORDERS - Retrial - Exempting one of the defendants from the ordered retrial - Whether proper. KAREEM V. UNION BANK (1996) 5 KLR (PT 41) 966; (1996) 5 NWLR (PT. 451) 634

 

ORDERS - Rehearing - Where the error committed by the lower court - Is not mere accidental slip - Rehearing will be ordered. OGUNSOLA V. NICON (1996) 1 KLR (PT 37) 79; (1996) 1 NWLR (PT. 423) 126

 

ORDERS - Retrial - Issues joined on the pleadings - Where not considered adequately by the trial court - Whether retrial Ordered by the Court of Appeal is proper. KAREEM V. UNION BANK (1996) 5 KLR (PT 41) 966; (1996) 5 NWLR (PT. 451) 634

 

ORDERS - Retrial Order - By Appellate Court - Where the order meets justice of the case - Court was perfectly right in making the order. OLUMOLU V. ISIAMIC TRUST OF NIGERIA (1996) 2 KLR (PT 38) 200; (1996) 2 NWLR (PT. 430) 253

 

ORDERS - Retrial Order - To resolve material issue in a case where trial court fails to resolve it - Is a means of doing justice to both sides. OLUMOLU V. ISIAMIC TRUST OF NIGERIA (1996) 2 KLR (PT 38) 200; (1996) 2 NWLR (PT. 430) 253

 

ORDERS - Retrial - Substantial irregularity - That cannot be corrected - So as to be consistent with a decision on the merit - Is a ground for ordering a retrial. KAREEM V. UNION BANK (1996) 5 KLR (PT 41) 966; (1996) 5 NWLR (PT. 451) 634

 

ORDERS - Retrial - Whether ground for ordering a retrial - Arose in the present case. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

ORDERS - Trial de novo - Is to be ordered only in justified circumstances. ABUSOMWAN V. AIWERIOBA (1996) 3 KLR (PT 39) 504; (1996) 4 NWLR (PT. 441) 130

 

ORDERS - Trial de novo - Where judgment was given in favour of the appellant - Whether the Court of Appeal was right in ordering trial de novo. ABUSOMWAN V. AIWERIOBA (1996) 3 KLR (PT 39) 504; (1996) 4 NWLR (PT. 441) 130

 

PARTIES - Arbitration - to the contract - Whether applicant is a party to the contract - To entitle it to pray for the appointment of an arbitrator. K.S.O.A.P. LTD V. KOFA TRAD. CO. LTD (1996) 2 KLR (PT 38) 339; (1996) 3 NWLR (PT. 436) 244

 

PARTIES - Burden of proof - Where a party calls upon the court - To make a declaration of right - The onus is on that party - To establish the right claimed. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

PARTIES - Case not set up by plaintiff - Where court suo motu sets up a case for a party - Whether judgment to that effect will stand. UNICAL V. ESSIEN (1996) 12 KLR (PT 46) 2184; (1996) 10 NWLR (PT. 477) 225

 

PARTIES - Competence to sue - Where plaintiff failed to prove he is a party to the contract - Competence to sue is not established. EZEAFULUKWE V. JOHN HOLT LTD (1996) 2 KLR (PT 38) 300; (1996) 2 NWLR (PT. 432) 511

 

PARTIES - Hearing - Suo motu issues - Practice of Courts raising and deciding issue suo motu - Without hearing the parties - Is not proper. OBAWOLE V. WILLIAMS (1996) 12 KLR (PT 46) 2123; (1996) 10 NWLR (PT. 477) 146

 

PARTIES - Issue not raised - By either of the parties from their grounds of appeal - Whether properly raised and resolved by the lower court. EIGBEJALE V. OKE (1996) 5 KLR (PT 41) 829; (1996) 5 NWLR (PT. 447) 128

 

PARTIES- Juristic Person - Point of law - As to whether defendant was a juristic person - Where that point is a new issue and is not related to any ground of appeal - Whether the issue ought to be struck out. ANIMASHAUN V. UNIVERSITY COLLEGE HOSPITAL (1996) 12 KLR (PT 46) 2035; (1996) 10 NWLR (PT. 476) 65

 

PARTNERSHIP - Debts - Accruing from the partnership to one of the partners - Cannot be defeated - Where it is found to be legitimate and just. YESUFU V. KUPPER INT. N.V. (1996) 4 KLR (PT 40) 599; (1996) 5 NWLR (PT. 446) 17

 

PARTNERSHIP - Incurring expenses - Where a partnership agreement is in existence - There is no need for either partner to issue a written demand - Before expenses could be incurred by the other partner. YESUFU V. KUPPER INT. N.V. (1996) 4 KLR (PT 40) 599; (1996) 5 NWLR (PT. 446) 17

 

PARTNERSHIP - Liability of the partners - For the debts and liability of the partnership - Is jointly and severally. YESUFU V. KUPPER INT. N.V. (1996) 4 KLR (PT 40) 599; (1996) 5 NWLR (PT. 446) 17

 

PARTNERSHIP - Payments and liabilities - Incurred by a partner - Whether entitled to be indemnified by the partnership. YESUFU V. KUPPER INT. N.V. (1996) 4 KLR (PT 40) 599; (1996) 5 NWLR (PT. 446) 17

 

PLEADINGS - Admission - Plea that defendant is not in a position to admit or deny a particular paragraph - Whether tantamount to an admission - That removes the plaintiff’s burden of proof - In the circumstances of this case. UGOCHUKWU V. C.C.B. LTD. (1996) 7 KLR (43) 1267; (1996) 6 NWLR (PT. 456) 524

 

PLEADINGS - Appeals - Issue that was not pleaded before the trial court - Cannot be raised on appeal without leave. YUSUF V. UNION BANK (1996) 6 KLR (PT 42) 1249; (1996) 6 NWLR (PT. 457) 632

 

PLEADINGS - Averments in pleadings - Whether supported by any probative evidence. TSOKWA & CO. LTD. V. UNION BANK (1996) 12 KLR (PT 46) 2254; (1996) 9 NWLR (PT. 471) 129

 

PLEADINGS - Burden of proof - Rests on the person that pleaded particular facts - Discharge of this burden will now shift onus to the other party. TSOKWA & CO. LTD. V. UNION BANK (1996) 12 KLR (PT 46) 2254; (1996) 9 NWLR (PT. 471) 129

 

PLEADINGS - Cause of action - Where no cause of action is disclosed in the pleadings - Trial court can not suo motu dismiss a case in limine - Without application by the defendant. AKPAN V. UTIN (1996) 6 KLR (PT 42) 1180; (1996) 7 NWLR (PT. 463) 634

 

PLEADINGS - Chieftaincy matters - Averments made by plaintiffs - Whether supported by the evidence adduced - At the trial. OLADOYE V. ADMINISTRATOR OSUN STATE (1996) 12 KLR (PT 46) 2015; (1996) 10 NWLR (PT. 476) 38

 

PLEADINGS - Conflict - Where evidence is at variance with pleadings - It ought to be rejected. OJO V. IGHODALO (1996) 5 KLR (PT 41) 874; (1996) 5 NWLR (PT. 450) 507

 

PLEADINGS - Customary Law - On rotational chieftaincy succession - Whether pleaded in the Statement of Claim. OLADELE V. AROMOLARAN II (1996) 6 KLR (PT 42) 1032; (1996) 6 NWLR (PT. 453) 180

 

PLEADINGS - Denial of plaintiff’s averments per se - Vide the statement of defence - Without proving the denial by evidence - Cannot defeat plaintiff’s established claim. INSURANCE BROKERS V. ATLANTIC TEXTILES (1996) 9 KLR (PT 44) 1675; (1996) 8 NWLR (PT. 466) 316

 

PLEADINGS - Evidence - Documentary evidence need not be specifically pleaded - To be admissible in evidence - It is sufficient to aver the effect thereof briefly - In any pleadings. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

PLEADINGS - Evidence - Whether the tendered documents - Relate to the arbitration pleaded. AMOBI V. AMOBI (1996) 9 KLR (PT 44) 1715; (1996) 8 NWLR (PT. 469) 438

 

PLEADINGS - Exhibits - Statement of Defence - Where pleaded facts constitutes the main contents of Exhibit - That Exhibit is pleaded. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

PLEADINGS - Failure to plead a fact in evidence - That evidence goes to no issue. AMOBI V. AMOBI (1996) 9 KLR (PT 44) 1715; (1996) 8 NWLR (PT. 469) 438

 

PLEADINGS - Forfeiture - Relief against forfeiture claim - Should not be granted to a tenant - Who did not plead for the relief. OLUGBODE V. SANGODEYI (1996) 4 KLR (PT 40) 618; (1996) 4 NWLR (PT. 444) 500

 

PLEADINGS - Land Law - Title - Root of title not pleaded and proved - The claim must fail. AMOBI V. AMOBI (1996) 9 KLR (PT 44) 1715; (1996) 8 NWLR (PT. 469) 438

PLEADINGS - Material facts - Covered by an Exhibit - Where expressly and fully pleaded - That Exhibit cannot be said not to be pleaded. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

PLEADINGS - Material facts - To be admissible in evidence - Must be pleaded - Where not pleaded - They are inadmissible. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

PLEADINGS - Misconception - Observation of lower court - Whether a misconception of plaintiffs’ pleadings. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

PLEADINGS - Onus of proof - Facts pleaded in the statement of claim - Where no evidence is led in proof of them - No onus is cast on the other party - To disprove facts not established. EDOSOMWAN V. OGBEYFUN (1996) 4 KLR (PT 40) 580; (1996) 4 NWLR (PT. 442) 266

 

PLEADINGS - Point of law relating to a statute - Sought to be raised newly on appeal - Need not be pleaded - As only material facts are required to be pleaded. OKENWA V. GOV. IMO STATE (1996) 6 KLR (PT 42) 1227; (1996) 6 NWLR (PT. 455) 394

 

PLEADINGS - Proof - Simply pleading laches, acquiescence and standing by - With no evidence thereto before the court - Is no proof of them. OLUGBODE V. SANGODEYI (1996) 4 KLR (PT 40) 618; (1996) 4 NWLR (PT. 444) 500

 

PLEADINGS - Sufficiently pleaded by the plaintiff - Court of Appeal’s view that the issue was not pleaded is misconceived. EIGBEJALE V. OKE (1996) 5 KLR (PT 41) 829; (1996) 5 NWLR (PT. 447) 128

 

PLEADINGS - Traverse - Whether tendering plans different from that of plaintiffs - Means failure to traverse the claims. ONU V. AGU (1996) 5 KLR (PT 41) 900; (1996) 5 NWLR (PT. 451) 652

 

PRACTICE & PROCEDURE - Abuse of court process - Appeal - Where there was an appeal against a decision - And the respondent caused the decision to be rectified - Whether pursuing that appeal is an abuse of court process. JOSIAH CORNELIUS LTD. V. EZENWA (1996) 4 KLR (PT 40) 703; (1996) 4 NWLR (PT. 443) 391

 

PRACTICE & PROCEDURE - Allegation of fraud in a civil case - Whether proved according to the required standard. TSOKWA & CO. LTD. V. UNION BANK (1996) 12 KLR (PT 46) 2254; (1996) 9 NWLR (PT. 471) 129

 

PRACTICE & PROCEDURE - Appeals - Delay - Whether appellant had exhibited any delaying tactic in the prosecution of his appeal - To warrant refusal of his application for adjournment. OLUMESAN V. OGUNDEPO (1996) 2 KLR (PT 38) 315; (1996) 2 NWLR (PT. 433) 628

 

PRACTICE & PROCEDURE - Commencement of proceedings - For appointment of arbitrator by court - Is by motion as provided under s.6(2) Arbitration law. K.S.O.A.P. LTD V. KOFA TRAD. CO. LTD (1996) 2 KLR (PT 38) 339; (1996) 3 NWLR (PT. 436) 244

 

PRACTICE & PROCEDURE - Commencement of proceedings - Where applicant resorts to method prescribed by law - Complaint against method is without merit. K.S.O.A.P. LTD V. KOFA TRAD. CO. LTD (1996) 2 KLR (PT 38) 339; (1996) 3 NWLR (PT. 436) 244

 

PRACTICE & PROCEDURE - Competence of claim - Where no payment of court fee was made - In respect of appellants’ new claim for forfeiture - Whether that claim is competent. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

PRACTICE & PROCEDURE - Costs - Awarded against a party that succeeded partially on appeal - whether a mistake. AGIDIGBI V. AGIDIGBI (1996) 6 KLR (PT 42) 1124; (1996) 6 NWLR (PT. 454) 300

 

PRACTICE & PROCEDURE - Court fees - Where not paid in respect of and amended claim - Whether court should entertain the relief claimed. ONWUGBUFOR V. OKOYE (1996) 1 KLR (PT 37) 1; (1996) 1 NWLR (PT. 424) 252

 

PRACTICE & PROCEDURE - Defect in proceedings - Whether a non fundamental defect in proceedings - Would vitiate a judgment. OLABANJI V. OMOKEWU (1996) 2 KLR (PT 38) 419

 

PRACTICE & PROCEDURE - Defences - Failure to consider defences of the respondent - Whether the trial judge was rightly reversed. OYEKAN V. AKINRINWA (1996) 7 KLR (PT 43) 1460; (1996) 7 NWLR (PT. 459) 128

 

PRACTICE & PROCEDURE - Entry on counsel’s file - About stumbled upon by trial judge in the course of proceedings - Whether admissible. OSHUNRINDE V. AKANDE (1996) 6 KLR (PT 42) 1169; (1996) 6 NWLR (PT. 455) 383

 

PRACTICE & PROCEDURE - Further address - By a party’s Counsel citing two cases to trial judge - After final address - Whether the further address affected appellants’ case. OYEKAN V. AKINRINWA (1996) 7 KLR (PT 43) 1460; (1996) 7 NWLR (PT. 459) 128

 

PRACTICE & PROCEDURE - Hearing date - Endorsed on counsel’s file - Stumbled upon by trial judge in the course of proceedings - Whether admissible. OSHUNRINDE V. AKANDE (1996) 6 KLR (PT 42) 1169; (1996) 6 NWLR (PT. 455) 383

 

PRACTICE & PROCEDURE -Lis pendens doctrine - Transfer of land during the pendency of a suit - Whether the document of transfer is admissible. BANGBOYE V. OLUSOGA (1996) 4 KLR (PT 40) 655; (1996) 4 NWLR (PT. 444) 520

 

PRACTICE & PROCEDURE - Motion ex parte - Not to be employed in placing fundamental right - Above the country, state or people. BADEJO V. FED. MINISTER OF EDUCTION (1996) 9 KLR (PT 44) 1609; (1996) 8 NWLR (PT. 464) 15

 

PRACTICE & PROCEDURE - Order of court - Land dispute - Where respondent is unable to prove boundary - And where there is a technical hitch - What is the proper Order to be made. OLUMOLU V. ISIAMIC TRUST OF NIGERIA (1996) 2 KLR (PT 38) 200; (1996) 2 NWLR (PT. 430) 253

 

PRACTICE & PROCEDURE - Pleadings - Fact that was sufficiently pleaded by the plaintiff - Court of Appeal’s view that the issue was not pleaded is misconceived. EIGBEJALE V. OKE (1996) 5 KLR (PT 41) 829; (1996) 5 NWLR (PT. 447) 128

 

PRACTICE & PROCEDURE - Proceedings of court - In an earlier District Court suit - The importance and relevance thereof - Not exaggerated by trial judge. AKPAN V. UTIN (1996) 6 KLR (PT 42) 1180; (1996) 7 NWLR (PT. 463) 634

 

PRACTICE & PROCEDURE - Re-examination - Trial judge’s failure to allow an improper question - Is not a refusal to allow re-examination. AMOBI V. AMOBI (1996) 9 KLR (PT 44) 1715; (1996) 8 NWLR (PT. 469) 438

 

PRACTICE & PROCEDURE - Retrial - Issues joined on the pleadings - Where not considered adequately by the trial court - Whether retrial Ordered by the Court of Appeal is proper. KAREEM V. UNION BANK (1996) 5 KLR (PT 41) 966; (1996) 5 NWLR (PT. 451) 634

 

PRACTICE & PROCEDURE - Rules of court - Noncompliance with Court of Appeal Rules - In making an application before that court - Steps open to the court. ONYEKWULUJE V. ANIMASHAUN (1996) 3 KLR (PT 39) 494; (1996) 3 NWLR (PT. 439) 637

 

PRACTICE & PROCEDURE - Sentiments - The law does not recognize sentiments - The legal and not moral aspect of appellant’s claim - Is the concern of the court. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

PRACTICE & PROCEDURE - Statement in previous proceedings - Whether the requirements of s. 119 E.A. - For admission of statement of a witness in previous proceedings - Where complied with MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

PRACTICE & PROCEDURE - Statement - made by a party in civil proceedings - Adverse to his case - Is admissible against him. EDOSOMWAN V. OGBEYFUN (1996) 4 KLR (PT 40) 580; (1996) 4 NWLR (PT. 442) 266

 

PRACTICE & PROCEDURE - Statements made out of Court - By a party to the proceeding - Is admissible against that party. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

PRACTICE & PROCEDURE - Stay of proceedings - Discretion of court - Whether the facts warrant granting of the application. BIOCON LTD V. KUDU HOLDINGS (1996) 2 KLR (PT 38) 440; (1996) 3 NWLR (PT. 437) 373

 

PRACTICE & PROCEDURE - Stay of proceedings - Whether prayed for before the lower court - As to entitle applicants to move the Supreme Court - For a stay of the High Court proceedings. BIOCON LTD V. KUDU HOLDINGS (1996) 2 KLR (PT 38) 440; (1996) 3 NWLR (PT. 437) 373

 

PRACTICE & PROCEDURE - Summary judgment - Defendant’s defence - Whether a sham meant to cause delay. ADEBISI ASSO. LTD V. N.M.B LTD (1996) 2 KLR (PT 38) 220; (1996) 2 NWLR (PT. 431) 378

 

PRACTICE & PROCEDURE - Summary judgment - Document relied upon by the plaintiff - Should not be swallowed hook, line and sinker given the circumstances - So as to avoid injustice. ADEBISI ASSO. LTD V. N.M.B LTD (1996) 2 KLR (PT 38) 220; (1996) 2 NWLR (PT. 431) 378

 

PRACTICE & PROCEDURE - Summary judgment - Order 10 Lagos High Court Rules - Whether mere filing of affidavit of having a good defence per se - Entitles a defendant to leave to defend. ADEBISI ASSO. LTD V. N.M.B LTD (1996) 2 KLR (PT 38) 220; (1996) 2 NWLR (PT. 431) 378

 

PRACTICE & PROCEDURE - Suo motu issue - Raised by the Supreme Court - Whether proper. NATIONAL BANK LTD. V. WEIDE & CO. LTD (1996) 9 KLR (PT 44) 1691; (1996) 8 NWLR (PT. 465) 150

 

PRACTICE & PROCEDURE - Technicallity - That touches a fundamental objective to fair hearing - Cannot be ignored. ONYEKWULUJE V. ANIMASHAUN (1996) 3 KLR (PT 39) 494; (1996) 3 NWLR (PT. 439) 637

 

PRACTICE & PROCEDURE - Undefended list - Order 10 Lagos High Court Rules - Whether mere filing of affidavit of having a good defence per se - Entitles a defendant to leave to defend. ADEBISI ASSO. LTD V. N.M.B LTD (1996) 2 KLR (PT 38) 220; (1996) 2 NWLR (PT. 431) 378

 

PRACTICE & PROCEDURE - Undefended list - Where defendant shows he has a fair case for defence - Leave to defend ought to be granted - The summary judgment was rightly set aside. ADEBISI ASSO. LTD V. N.M.B LTD (1996) 2 KLR (PT 38) 220; (1996) 2 NWLR (PT. 431) 378

 

PRACTICE AND PROCEDURE - Leave to defend - Court of Appeal - Has no jurisdiction to hear and determine appeal against ruling of trial court - Granting unconditional leave to defend suit. NATIONAL BANK LTD. V. WEIDE & CO. LTD (1996) 9 KLR (PT 44) 1691; (1996) 8 NWLR (PT. 465) 150

 

PROPERTY LAW - Transfer of property - Where a property is vested in many persons - Consent of all is required - For an instrument of transfer to be valid. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

RES JUDICATA - Issue estoppel - Party relying thereon - Has the burden to produce admissible copy of the judgment - And copy of any appeal therein. OLUKOGA V. FATUNDE (1996) 9 KLR (PT 44) 1539; (1996) 7 NWLR (PT. 462) 516

 

RES JUDICATA - Native arbitration -Whether evidence of native arbitration - Ought to have been considered - Seeing it could create estoppel by way of res judicata. AKPAN V. OTONG (1996) 12 KLR (PT 46) 1986; (1996) 10 NWLR (PT. 476) 108

 

RES JUDICATA - Subject matter - Averment in affidavit that subject matter is different - Where not denied - Legal implication. STATE V. COMMISSIONER (1996) 4 KLR (PT 40) 690

 

RES JUDICATA - Subject matter - Land law - Whether the parcel of land in issue - Is the same as in the previous suit - Merely because they bear the same name. OLUKOGA V. FATUNDE (1996) 9 KLR (PT 44) 1539; (1996) 7 NWLR (PT. 462) 516

 

RULES OF COURT - Coverage - Ondo state High Court Rules O.14, r. 15 - Provision thereof has wide coverage - Under which Exhibit A, A1 becomes admissible. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

RULES OF COURT - Dismissal of appeal - Non notification of appellants thereof - Where Supreme Court acts under Order 6 rule 3(2) - To dismiss appellants appeal - Whether any infringement of right of fair hearing. CHIME V. UDE (1996) 7 KLR (PT 43) 1487; (1996) 7 NWLR (PT. 461) 379

 

RULES OF COURT - Inconsistency - Whether there is any inconsistency in rule 9 and rule 3(2) of Order 6 Supreme Court Rules. CHIME V. UDE (1996) 7 KLR (PT 43) 1487; (1996) 7 NWLR (PT. 461) 379

 

RULES OF COURT - Misconception of rule - It is misconception of rule 7 and rule 3(2) - To submit that one rule overrides the other. CHIME V. UDE (1996) 7 KLR (PT 43) 1487; (1996) 7 NWLR (PT. 461) 379

 

RULES OF COURT - Noncompliance with Court of Appeal Rules - In making an application before that court - Steps open to the court. ONYEKWULUJE V. ANIMASHAUN (1996) 3 KLR (PT 39) 494; (1996) 3 NWLR (PT. 439) 637

 

RULES OF COURTS - Adequacy of local rules - Where local Court Rules Provision is adequate - It is wrong to decide that the action is incompetent - Based on foreign rules of court. AYANKOYA V. OLUKOYA (1996) 2 KLR (PT 38) 450; (1996) 4 NWLR (PT. 440) 1

 

STATUTES - Bill of Exchange Act s. 48 - Comes into play only when a cheque is dishonoured - And not when it is lost. TSOKWA & CO. LTD. V. UNION BANK (1996) 12 KLR (PT 46) 2254; (1996) 9 NWLR (PT. 471) 129

 

STATUTES - Boundaries Settlement law - Jurisdiction - Whether the High Court has jurisdiction - To determine the boundary between two communities - Under the Boundaries Settlement Law. STATE V. COMMISSIONER (1996) 4 KLR (PT 40) 690

 

STATUTES - Coverage - Ondo state High Court Rules O.14, r. 15 - Provision thereof has wide coverage - Under which Exhibit A, A1 becomes admissible. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

STATUTES - Creation of States - Vesting of properties - In whom are the properties of the former Western State vested - After the creation of Ogun, Ondo and Oyo States. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

STATUTES - Evidence Act s. 210 - Admissibility of document in evidence - Whether document is admissible under s. 210 - To discredit appellant. IPINLAIYE V. OLUKOTUN (1996) 6 KLR (PT 42) 1000; (1996) 6 NWLR (PT. 453) 148

 

STATUTES - Evidence Act s. 46 - Whether properly applied in favour of respondents - In view of all the findings. MADUMERE V. OKAFOR (1996) 4 KLR (PT 40) 557; (1996) 4 NWLR (PT. 445) 637

 

STATUTES - Evidence Acts s. 45 - Possession of adjoining land - Whether proved by plaintiffs - To warrant drawing inference under s. 45 Evidence Act - In their favour. NNEJI V. CHUKWU (1996) 12 KLR (PT 46) 2226; (1996) 10 NWLR (PT. 478) 265

 

STATUTES - Interpretation of statute - S. 220(2)(c) of the 1979 Constitution - The words used therein being unambiguous - Ought to be construed according to their plain meaning. NATIONAL BANK LTD. V. WEIDE & CO. LTD (1996) 9 KLR (PT 44) 1691; (1996) 8 NWLR (PT. 465) 150

 

STATUTES - Object and intention of a statute - Where found to be clear - The statute will not be nullified - By virtue of the draftsman’s unskillfulness. IBRAHIM V. BARDE (1996) 12 KLR (PT 46) 1833; (1996) 9 NWLR (PT. 474) 513

 

STATUTES - Pensions Act - That provided for a surcharge of employee’s benefit - Where steps to be taken before the surcharge were neglected - The surcharge is improper. ANIMASHAUN V. UNIVERSITY COLLEGE HOSPITAL (1996) 12 KLR (PT 46) 2035; (1996) 10 NWLR (PT. 476) 65

 

STATUTES - Petroleum Profits Tax Act s. 10 - Exchange Charges - When not deductible - Under the provisions of S.10 Petroleum Profits Tax Act. SHELL PETROLEUM V. F.B.I.R. (1996) 9 KLR (PT 44) 1756; (1996) 8 NWLR (PT. 466) 256

 

STATUTES - Statutes of General Application - Limitations to application thereof - In respect of testator’s intention concerning his Will. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

 

STATUTES - Wills - Whether s. 18 of the English Wills Act 1837 - Is applicable in the Nigerian circumstances - To nullify a Will made prior to marriage under our 1961 Marriage Act. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

STAY OF PROCEEDINGS - Appeals - Competence of appeal - Where an appeal on the issue of competence is pending - Stay of proceedings is the proper course. NALSA & TEAM ASSO. V. NNPC (1996) 3 KLR (PT 39) 479; (1996) 3 NWLR (PT. 439) 621

 

STAY OF PROCEEDINGS - Application for - Discretion of court - Whether the facts warrant granting of the application. BIOCON LTD V. KUDU HOLDINGS (1996) 2 KLR (PT 38) 440; (1996) 3 NWLR (PT. 437) 373

 

STAY OF PROCEEDINGS - Fair hearing - Whether failure to stay proceedings - Pending determination of interlocutory appeal - Amounts to denial of fair hearing. JOSIAH CORNELIUS LTD. V. EZENWA (1996) 4 KLR (PT 40) 703; (1996) 4 NWLR (PT. 443) 391

 

STAY OF PROCEEDINGS - Supreme Court - Where record of appeal is pending before the Supreme Court - Any application including stay of proceedings - Can directly be made to the Supreme Court. BIOCON LTD V. KUDU HOLDINGS (1996) 2 KLR (PT 38) 440; (1996) 3 NWLR (PT. 437) 373

 

SUCCESSION - Bini customary law - Testator cannot dispose of his “igiogbe” by Will - Save to his eldest surviving son. AGIDIGBI V. AGIDIGBI (1996) 6 KLR (PT 42) 1124; (1996) 6 NWLR (PT. 454) 300

 

SUCCESSION - Bini customary law - Whether all or just one of the three houses - Constitute the “igiogbe” in this case. AGIDIGBI V. AGIDIGBI (1996) 6 KLR (PT 42) 1124; (1996) 6 NWLR (PT. 454) 300

 

SUCCESSION - Error in law - Wills - Deciding that a will of 1947 was revoked by marriage under the Act - Between couples of subsisting customary marriage - Is an error. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

 

SUCCESSION - Wills - Applicable law - Prior customary marriage between a couple - Where subsequent marriage was conducted under the Marriage Act 1961 - Which law is applicable to the Will of the deceased. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

 

SUCCESSION - Wills - Statutes of General Application - Limitations to application thereof - In respect of testator’s intention concerning his will. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

 

SUCCESSION - Wills - Where a defendant is estopped from denying the validity of a Will - Whether he is estopped from a taking a benefit under the will. AGIDIGBI V. AGIDIGBI (1996) 6 KLR (PT 42) 1124; (1996) 6 NWLR (PT. 454) 300

 

SUCCESSION - Wills - Whether s. 18 of the English Wills Act 1837 - Is applicable in the Nigerian circumstances - To nullify a Will made prior to marriage under our 1961 Marriage Act. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

SUCCESSION - Wills - Validity - Whether a 1947 Will made by the deceased - Is in force and valid. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

 

SUCCESSION - Yoruba native law and custom - Real property of a deceased - Goes to the children to the exclusion of other blood relations. RABIU V. ABASI (1996) 7 KLR (PT 43) 1380; (1996) 7 NWLR (PT. 462) 505

 

SUPREME COURT - Error in a judgment - That is clerical or out of accidental slip - Can be corrected upon a motion to that effect. IBE V. ONUORAH (1996) 12 KLR (PT 46) 2007; (1996) 9 NWLR (PT. 474) 624

 

SUPREME COURT - Finality of its decision - Pursuant to s. 215 of the 1979 Constitution - Whether a bar to moving the Court to correct errors in its judgment. IBE V. ONUORAH (1996) 12 KLR (PT 46) 2007; (1996) 9 NWLR (PT. 474) 624

 

SUPREME COURT - Judgment - Supreme Court has an inherent jurisdiction - To set aside its judgment that is a nullity. OLABANJI V. OMOKEWU (1996) 2 KLR (PT 38) 419

 

SUPREME COURT - Judgments - Previous Supreme Court judgment - Where very limited in scope - That no link can be established between the parcels of land in issue - That judgment should not be relied upon. ADESHOYE V. OLOWOLAGBA (1996) 12 KLR (PT 46) 1953

 

SUPREME COURT - Jurisdiction - Supreme Court - Has no jurisdiction - To set aside its order - Made under Order 6, rule 3(2). CHIME V. UDE (1996) 7 KLR (PT 43) 1487; (1996) 7 NWLR (PT. 461) 379

 

SUPREME COURT - Order - Where the lower courts failed to make the proper order - Circumstances under which the Supreme Court will intervene. ABUSOMWAN V. AIWERIOBA (1996) 3 KLR (PT 39) 504; (1996) 4 NWLR (PT. 441) 130

 

SUPREME COURT - Review of previous judgment - Whether Supreme Court will overrule its previous decision - Where complaint is only against dicta therein - Not the correctness of the final decision. OLADELE V. AROMOLARAN II (1996) 6 KLR (PT 42) 1032; (1996) 6 NWLR (PT. 453) 180

 

SUPREME COURT - Revisiting its past decision - In Jules v. Ajani - Whether necessary in the circumstances of this case. BANGBOYE V. OLUSOGA (1996) 4 KLR (PT 40) 655; (1996) 4 NWLR (PT. 444) 520

 

SUPREME COURT - Stay of proceedings - Where record of appeal is pending before the Supreme Court - Any application including stay of proceedings - Can directly be made to the Supreme Court. BIOCON LTD V. KUDU HOLDINGS (1996) 2 KLR (PT 38) 440; (1996) 3 NWLR (PT. 437) 373

 

SUPREME COURT - Stay of proceedings - Whether prayed for before the lower court - As to entitle applicants to move the Supreme Court - For a stay of the High Court proceedings. BIOCON LTD V. KUDU HOLDINGS (1996) 2 KLR (PT 38) 440; (1996) 3 NWLR (PT. 437) 373

 

SUPREME COURT - Striking out proceedings - The Supreme court has inherent power - To strike out any proceedings for want of prosecution. CHIME V. UDE (1996) 7 KLR (PT 43) 1487; (1996) 7 NWLR (PT. 461) 379

 

SUPREME COURT - Suo motu issue - Raised by the Supreme Court - Whether proper. NATIONAL BANK LTD. V. WEIDE & CO. LTD (1996) 9 KLR (PT 44) 1691; (1996) 8 NWLR (PT. 465) 150

 

SUPREME COURT - Supervisory jurisdiction - Of Supreme Court over Court of Appeal - Exercise thereof depends on the existence of an appeal. OLABANJI V. OMOKEWU (1996) 2 KLR (PT 38) 419

 

TAX LAW - Bank charges -Where solely and inevitably incurred for petroleum operations - Whether they qualify for deduction - Under the Petroleum Profits Tax Law. SHELL PETROLEUM V. F.B.I.R. (1996) 9 KLR (PT 44) 1756; (1996) 8 NWLR (PT. 466) 256

 

TAX LAW - Exchange Charges - When not deductible - Under the provisions of S.10 Petroleum Profits Tax Act. SHELL PETROLEUM V. F.B.I.R. (1996) 9 KLR (PT 44) 1756; (1996) 8 NWLR (PT. 466) 256

 

TAX LAW - Losses incurred - In sourcing Pound Sterling - For payment of Petroleum Tax - Is incidental to Appellant’s operation - And therefore deductible. SHELL PETROLEUM V. F.B.I.R. (1996) 9 KLR (PT 44) 1756; (1996) 8 NWLR (PT. 466) 256

 

TAX LAW - Petroleum Profits Tax - Obligation to pay Petroleum Profit Tax - Is deemed as a debt to the Government of the Federation. SHELL PETROLEUM V. F.B.I.R. (1996) 9 KLR (PT 44) 1756; (1996) 8 NWLR (PT. 466) 256

 

TAX LAW - Scholarship Expenses - Whether expenses incurred for scholarship award - Is incidental to Petroleum Operation. SHELL PETROLEUM V. F.B.I.R. (1996) 9 KLR (PT 44) 1756; (1996) 8 NWLR (PT. 466) 256

 

TORTS - False imprisonment - Instigating arrest and detention of the plaintiff - Whether malicious and unlawful. OKONKWO V. OGBOGU (1996) 4 KLR (PT 40) 810; (1996) 5 NWLR (PT. 449) 420

 

TORTS - False Imprisonment - Detention of the plaintiff by the police - Whether the defendant was instrumental in setting the law in motion against the plaintiff. OKONKWO V. OGBOGU (1996) 4 KLR (PT 40) 810; (1996) 5 NWLR (PT. 449) 420

 

TORTS - Trespass to the person - No matter how slight - Gives right of action to recover damages - Plaintiff need not give evidence of damage - To establish his claim to any specific amount of damage. OKONKWO V. OGBOGU (1996) 4 KLR (PT 40) 810; (1996) 5 NWLR (PT. 449) 420

 

TORTS - Unlawful detention - Period of detention found to be about eight years - Where not challenged by either party - It is not open to Court of Appeal to review the period. ODOGU V. A - G FEDERATION (1996) 7 KLR (PT 43) 1337; (1996) 6 NWLR (PT. 456) 508

 

TRESPASS - Action for trespass - Is at the suit of the person in possession - Appellant not being in possession cannot succeed in his claim for trespass. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

TRESPASS - Better title - Where not proved by the plaintiff - Whether her claims were rightly dismissed by the lower courts. SHITTU V. EGBEYEMI (1996) 7 KLR (PT 43) 1303; (1996) 6 NWLR (PT. 457) 650

 

TRESPASS - Damages for trespass - Where plaintiff’s claim for title failed - But he was found to be in possession - Whether damages for trespass and injunction - Will be granted in plaintiff’s favour. BANGBOYE V. OLUSOGA (1996) 4 KLR (PT 40) 655; (1996) 4 NWLR (PT. 444) 520

 

TRESPASS - Damages for - Where appellant sued for damages for trespass - He should aver and prove physical or constructive possession - In order to succeed. OGUNBIYI V. ISHOLA (1996) 5 KLR (PT 41) 939; (1996) 6 NWLR (PT. 452) 12

 

TRESPASS - Damages - In action for trespass to land - Court not to simply award damages - It has to give reason - How it arrived at reasonable damages. NKA V. ONWU (1996) 7 KLR (PT 43) 1350; (1996) 7 NWLR (PT. 458) 1

 

TRESPASS - Dismissal Claim for trespass by the appellant against respondents - Was quite correctly dismissed by lower courts - As respondents had acquired title in the property. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

TRESPASS - Landlord & tenant - Challenge to Landlord’s authority - By the tenants - Makes the tenants trespassers. AKUNYILI V. EJIDIKE (1996) 4 KLR (PT 40) 747; (1996) 5 NWLR (PT. 449) 381

 

TRESPASS - Landlord - Possession - Where the landlord has leased the property to a tenant - Whether Landlord who is not in possession - Can succeed in trespass. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

TRESPASS - Ownership - Failure to demonstrate acts of ownership - And or prove exclusive possession - Action for trespass cannot be maintained. EMODI V. KWENTOH (1996) 2 KLR (PT 38) 232; (1996) 2 NWLR (PT. 433) 656

 

TRESPASS - Possession is good against the whole world - Save the person who can show a good title. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

TRESPASS - Possession - Person in exclusive possession - Can bring action for trespass against anybody - Save a person with a better title. AKUNYILI V. EJIDIKE (1996) 4 KLR (PT 40) 747; (1996) 5 NWLR (PT. 449) 381

 

TRESPASS - Possession -Things to be determined in a claim for trespass - Include exclusive possession and best right of possession. SHITTU V. EGBEYEMI (1996) 7 KLR (PT 43) 1303; (1996) 6 NWLR (PT. 457) 650

 

TRESPASS - To the person - No matter how slight - Gives right of action to recover damages - Plaintiff need not give evidence of damage - To establish his claim to any specific amount of damage. OKONKWO V. OGBOGU (1996) 4 KLR (PT 40) 810; (1996) 5 NWLR (PT. 449) 420

 

TRUST - Trusteeship - After sharing the properties of the former Western State - Whether the Governor of Oyo State can still be a trustee - In respect of property belonging to Ogun State. OLOWOFOYEKU V. A-G OYO STATE (1996) 12 KLR (PT 46) 2153; (1996) 10 NWLR (PT. 477) 190

 

WAIVER - Contracts - Payment - of demurrage - Where it arises under a totally different arrangement - No question of waiver will operate against the appellants. ALFOTRIN LTD. V. A-G FEDERATION (1996) 12 KLR (PT 46) 1919; (1996) 9 NWLR (PT. 475) 634

 

WILLS - Applicable law - Prior customary marriage between a couple - Where subsequent marriage was conducted under the Marriage Act 1961 - Which law is applicable to the Will of the deceased. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

 

WILLS - Executors of a will - Proposed executor within a will - Must apply to the Probate Registrar - Before he can become an executor in place of an existing executor. AGIDIGBI V. AGIDIGBI (1996) 6 KLR (PT 42) 1124; (1996) 6 NWLR (PT. 454) 300

 

WILLS - Intention of the testator - Statutes of General Application - Limitations to application thereof - In respect of testator’s intention concerning his Will. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

 

WILLS - Nullification by statute - Whether s. 18 of the English Wills Act 1837 - Is applicable in the Nigerian circumstances - To nullify a Will made prior to marriage under our 1961 Marriage Act. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

 

WILLS - Validity - Where a defendant is estopped from denying validity of a will - Whether trial court need consider evidence of proper execution of the will. AGIDIGBI V. AGIDIGBI (1996) 6 KLR (PT 42) 1124; (1996) 6 NWLR (PT. 454) 300

 

WILLS - Validity - Where a defendant is estopped from denying the validity of a Will - Whether he is estopped from a taking a benefit under the will. AGIDIGBI V. AGIDIGBI (1996) 6 KLR (PT 42) 1124; (1996) 6 NWLR (PT. 454) 300

 

WILLS - Validity - Whether a 1947 Will made by the deceased - Is in force and valid. JADESIMI V. OKOTIE-EBOH (1996) 2 KLR (PT 38) 151; (1996) 2 NWLR (PT. 429) 128

 

WORDS & PHRASES - “All operations incidental thereto” - Cannot be circumscribed to drilling, mining, etc - As the ejusdem generis rule is not applicable. SHELL PETROLEUM V. F.B.I.R. (1996) 9 KLR (PT 44) 1756; (1996) 8 NWLR (PT. 466) 256

 

WORDS & PHRASES - Chieftaincy matters - “Sons of a previous holder of the title”- Whether to include grand son. OLADOKUN V. GOVERNOR OYO STATE (1996) 9 KLR (PT 44) 1572

 

WORDS & PHRASES - Wills - “Subject to any customary law relating thereto” - Proper effect of the phrase. AGIDIGBI V. AGIDIGBI (1996) 6 KLR (PT 42) 1124; (1996) 6 NWLR (PT. 454) 300

 

WRIT OF SUMMONS - Inter locutory injunctions - Recourse to Writ of Summons - By trial judge - Where only statement of claim was referred to - Effect. ACB LTD V. AWOGBORO (1996) 2 KLR (PT 38) 372; (1996) 3 NWLR (PT. 437) 383

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 1996 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX