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 - 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

 

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 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

 

CLAIMS - Amended claim - Court fee not paid in respect thereof - The relief 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 1979 Constitution. 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 machete 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 “igiogbe” - 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

 

EVIDENCE - 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 - 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

 

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 unskilfulness. 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 - 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