ACCIDENTS - Vicarious liability - Negligent driving that led to death of the deceased - Defendant’s denial of ownership of the vehicle was not established. ODEBUNMI V. ABDULLAHI (1997) 2 KLR (PT 48) 357; (1997) 2 NWLR (PT. 489) 526

 

ACTIONS - Abuse of court’s process - Notice of discontinuance that is an abuse of process - Can be set aside by the Court. THE VESSEL “ST ROLAND” V. OSINLOYE (1997) 4 KLR (PT 51) 797; (1997) 4 NWLR (PT. 500) 387

 

ACTIONS - Abuse of court’s process - Plaintiff’s action is not an abuse of court’s process. ADESOKAN V. ADEGOROLU (1997) 3 KLR (PT 49) 505; (1997) 3 NWLR (PT. 493) 261

 

ACTIONS - Capacity to sue - Where appellant sued as guardian ad litem - Whether court can amend the writ & pleadings - To show she was suing as next friend. AKINNUBI V. AKINNUBI (1997) 1 KLR (PT 47) 257; (1997) 2 NWLR (PT. 486) 144

 

ACTIONS - Case of appellant in the High Court - Is on the issue of ratification of the 1976 agreement. SOCIETE GENERALE FRANCE V. SOCIETE GENERALE BANK (NIG) LTD (1997) 4 KLR (PT 50) 631; (1997) 4 NWLR (PT. 497) 8

 

ACTIONS - Cause of action - Whether the averments in the statement of claim - Disclose a good cause of action. ADESOKAN V. ADEGOROLU (1997) 3 KLR (PT 49) 505; (1997) 3 NWLR (PT. 493) 261

ACTIONS - Causes of action - Lumping of several causes of action - Makes the defendants counterclaim incompetent. UKATTA V. NDINAEZE (1997) 4 KLR (PT 50) 708; (1997) 4 NWLR (PT. 499) 251

 

ACTIONS - Commencement of action - Provision under the Edict - That a nonrefundable fee of N10,000.00 must be paid before commencing a chieftaincy action - Is constitutional. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

ACTIONS - Commencement of actions - Employing the wrong procedure in commencing an action - Withdraws competence from the trial high court - Thereby rendering the proceedings null and void. TUKUR V. GOVERNMENT OF TARABA STATE (1997) 6 KLR (PT 52) 1238; (1997) 6 NWLR (PT. 510) 549

 

ACTIONS - Commencement of actions - Where appellant’s main complaint relate to his deposition as Emir - It was wrong to come by way of fundamental Rights (Enforcement Procedure) Rules. TUKUR V. GOVERNMENT OF TARABA STATE (1997) 6 KLR (PT 52) 1238; (1997) 6 NWLR (PT. 510) 549

 

 

ACTIONS - Competence - Commencement of action - Claims partly for breach of fundamental right and partly for wrongful dismissal - Which should have been commenced by writ of summons but was not -Will be struck out as incompetent. EGBUONU V. BORNU RADIO TV. CORP (1997) 12 KLR (PT 55) 2063; (1997) 12 NWLR (PT. 531) 29

 

ACTIONS - Competence - Arbitration - Whether failure to refer dispute to an arbitrator - Before filing this action - Affects competence of the action. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

ACTIONS - Competence of action - Failure to give the mandatory statutory notice - Will defeat the plaintiffs’ action. UMUKORO V. NPA (1997) 5 KLR (PT 51) 954; (1997) 4 NWLR (PT. 502) 656

 

ACTIONS - Courts - Fresh case - Where the local area court is presumed to know the applicable law - Formulation of a fresh case by the appellate high court - Is wrong. HAAV V. KUNDU (1997) 5 KLR (PT 52) 1079; (1997) 5 NWLR (PT. 505) 313

 

ACTIONS - Detinue action - Is based upon wrongful detention of plaintiff’s chattel - It was when appellant’s ruled that the vehicle would no longer be returned - That its possession turned adverse. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

ACTIONS - Discontinuance of action - Plaintiff has the right to discontinue his action - Without leave of court. THE VESSEL “ST ROLAND” V. OSINLOYE (1997) 4 KLR (PT 51) 797; (1997) 4 NWLR (PT. 500) 387

 

ACTIONS - Discontinuance notice - Whether the plaintiff has used the notice to enrich himself unjustly - Thereby abusing court’s process. THE VESSEL “ST ROLAND” V. OSINLOYE (1997) 4 KLR (PT 51) 797; (1997) 4 NWLR (PT. 500) 387

 

ACTIONS - Discontinuance notice - Though found to be an abuse of process - Is upheld with an order that the amount unjustly recovered - Be returned to the defendant by plaintiff’s counsel. THE VESSEL “ST ROLAND” V. OSINLOYE (1997) 4 KLR (PT 51) 797; (1997) 4 NWLR (PT. 500) 387

 

ACTIONS - Discontinuance notice - Where found to be an abuse of process - Court can sustain the notice - But on justiciable terms. THE VESSEL “ST ROLAND” V. OSINLOYE (1997) 4 KLR (PT 51) 797; (1997) 4 NWLR (PT. 500) 387

 

ACTIONS - Discontinuance of action O. 47 r. 1 Fed. High Court Rules - Right to discontinue without leave - Can be exercised before the hearing date. THE VESSEL “ST ROLAND” V. OSINLOYE (1997) 4 KLR (PT 51) 797; (1997) 4 NWLR (PT. 500) 387

 

ACTIONS - Dismissal - Where jurisdiction is in issue - The lower courts were wrong - To determine that issue - Without resolving the conflicts in the affidavit. EBOHON V. A-G EDO STATE (1997) 5 KLR (PT 51) 1023; (1997) 5 NWLR (PT. 505) 298

 

ACTIONS - Family - Representative action on behalf of the family - What an individual did will not be binding on the family. IDESOH V. ORDIA (1997) 2 KLR (PT 48) 459; (1997) 3 NWLR (PT. 491) 17

 

ACTIONS - Fees - Chieftaincy matters - The fact that the fee enabling one to file action - Is increased in this category of cases - Does not render the fee unconstitutional. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

ACTIONS - Filing of a claim - Where statutory provisions are made for filing of a claim - The procedure laid down ought to be followed in making such a claim. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

ACTIONS - Joinder of parties - Where plaintiffs are not persons having same interest in one suit - They are not entitled to bring the action. UKATTA V. NDINAEZE (1997) 4 KLR (PT 50) 708; (1997) 4 NWLR (PT. 499) 251

 

ACTIONS - Judicial division - That was newly created without posting any judge - Trial of the matter within another judicial division of the same state high court - Is not a nullity. OGIGIE V. OBIYAN (1997) 10 KLR (PT 55) 1915; (1997) 10 NWLR (PT. 524) 179

 

ACTIONS - Judicial division for trial - High Court Rules of Bendel State 0.6 rr. 2 & 6 - Case commenced in a wrong judicial division - Legal implications. OGIGIE V. OBIYAN (1997) 10 KLR (PT 55) 1915; (1997) 10 NWLR (PT. 524) 179

 

ACTIONS - Limitation of actions - Statute bar - Whether appellant’s action is caught by the two year limitation period. IBIDAPO V. LUFTHANSA AIRLINES (1997) 4 KLR (PT 50) 734; (1997) 4 NWLR (PT. 498) 124

 

ACTIONS - Limitation - Fraud - Where right of action is concealed by fraud - Period of time commences only when the fraud is discovered. NWOSU V. OFFOR (1997) 1 KLR (PT 47) 272; (1997) 2 NWLR (PT. 487) 274

 

ACTIONS - Limitation - Twelve months limitation specified under s. 97 (1) of the Ports Act - Action that was filed after about 3 years - Is Statute barred. UMUKORO V. NPA (1997) 5 KLR (PT 51) 954; (1997) 4 NWLR (PT. 502) 656

 

ACTIONS - Limitation period - Appellant’s contention that the action is statute barred - Whether admitted or opposed by the respondent. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

ACTIONS - Limitation period - Infancy or unsoundness of mind of plaintiff - May extend the limitation period. NWOSU V. OFFOR (1997) 1 KLR (PT 47) 272; (1997) 2 NWLR (PT. 487) 274

 

ACTIONS - Locus standi - Chieftaincy matters - Whether plaintiff has the locus - to institute the action. ADESOKAN V. ADEGOROLU (1997) 3 KLR (PT 49) 505; (1997) 3 NWLR (PT. 493) 261

 

ACTIONS - Locus standi - Company directors - Motion brought on behalf of board of directors - Is incompetent - Seeing that a provisional Liquidator has been appointed - And no leave was obtained. NDIC V. FMB LTD (1997) 5 KLR (PT 51) 924; (1997) 4 NWLR (PT. 501) 519

 

ACTIONS - Master and servant - Relief for general damages - Was wrongfully abandoned. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

ACTIONS - Preaction notice - Chieftaincy matters - Notice of intention to sue the Governor - Whether plaintiff having been dethroned - Is required to give preaction notice. GOV. ANAMBRA STATE V. EZEMUOKWE (1997) 3 KLR (PT 49) 561; (1997) 3 NWLR (PT. 494) 374

 

ACTIONS - Preliminary objection - Limitation and issue of ownership of the property - Are matters to be determined on the evidence. NWOSU V. OFFOR (1997) 1 KLR (PT 47) 272; (1997) 2 NWLR (PT. 487) 274

 

ACTIONS - Relief - Granted to the respondent - Is inconsistent with his case. EDEBIRI V. EDEBIRI (1997) 4 KLR (PT 50) 672; (1997) 4 NWLR (PT. 498) 165

 

ACTIONS - Reliefs not claimed - Where no appropriate relief was claimed - The trial court cannot make any award. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

ACTIONS - Representative action - Objection to being sued in representative capacity - Should be raised at the preliminary stage. ANABARONYE V. NWAKAIHE (1997) 1 KLR (PT 47) 190; (1997) 1 NWLR (PT. 482) 374

 

ACTIONS - Representative action - Where competent - No leave of court is required. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

ACTIONS - Representative action on behalf of the family - What an individual did will not be binding on the family. IDESOH V. ORDIA (1997) 2 KLR (PT 48) 459; (1997) 3 NWLR (PT. 491) 17

 

ACTIONS - Security for costs - Application therefor - Is manifestly oppressive in this case. HOUTMANGRACHT V. ODUBA (1997) 5 KLR (PT 51) 1037; (1997) 6 NWLR (PT. 508) 185

 

ACTIONS - Security for costs - Foreign plaintiff resident abroad - Discretion to order him to provide security for costs - How to be exercised properly. HOUTMANGRACHT V. ODUBA (1997) 5 KLR (PT 51) 1037; (1997) 6 NWLR (PT. 508) 185

 

ACTIONS - Security for costs - Where the application for it - Is a scheme to stifle and frustrate the claim - The Court of Appeal properly dismissed the application. HOUTMANGRACHT V. ODUBA (1997) 5 KLR (PT 51) 1037; (1997) 6 NWLR (PT. 508) 185

 

ACTIONS - Specific claim - Setoff claim by the defendant - For a specific period - Court is without jurisdiction to award what is not claimed. UDOM V. MICHELETTI & SONS LTD (1997) 7 KLR (PT 54) 1690; (1997) 8 NWLR (PT. 516) 187

 

ACTIONS - Statute bar - Action that was instituted within the limitation period - Is not statute bar - And the Court of Appeal is in error - As to the date cause of action arose. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

ACTIONS - Statute bar - Whether the respondent’s claim - Is statute barred. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

ACTIONS - Transfer of cases - Irregularity - In the transfer of a case - Will not nullify the entire proceedings - In all cases. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

ACTIONS - Transfer of a case - By one high court judge to another judge - Whether erroneous use of the word “referred” - Can make the transfer invalid. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

ACTIONS - Venue for trial - Objection by the defendant - Must be raised timeously. OGIGIE V. OBIYAN (1997) 10 KLR (PT 55) 1915; (1997) 10 NWLR (PT. 524) 179

 

ADMINISTRATIVE LAW - Acquisition of land by government - Provision that it must be for public purpose - Does not exclude government from involving the private sector - Towards the

attainment of such purposes. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

ADMINISTRATION OF ESTATE - Administration of Estate Law 1973 - Ambiguity - In view of the definition part - Whether there is any ambiguity in ss. 2,3 and 4 of that statute. UGU V. TABI (1997) 7 KLR (PT 53) 1547; (1997) 7 NWLR (PT. 513) 368

 

ADMINISTRATION OF ESTATE - Letters of Administration - Obtained in respect of personal estate - Will not cover real property of the intestate. UGU V. TABI (1997) 7 KLR (PT 53) 1547; (1997) 7 NWLR (PT. 513) 368

 

AFFIDAVITS - Conflicts - On the fundamental issue of jurisdiction - Court is to hear evidence on the conflicts. EBOHON V. A-G EDO STATE (1997) 5 KLR (PT 51) 1023; (1997) 5 NWLR (PT. 505) 298

 

AFFIDAVITS - Conflict on crucial aspect thereof - Cannot be cured by the addresses of counsel. EBOHON V. A-G EDO STATE (1997) 5 KLR (PT 51) 1023; (1997) 5 NWLR (PT. 505) 298

 

AFFIDAVITS - Jurisdiction - Dismissal - Where jurisdiction is in issue - The lower courts were wrong - To determine that issue - Without resolving the conflicts in the affidavit. EBOHON V. A-G EDO STATE (1997) 5 KLR (PT 51) 1023; (1997) 5 NWLR (PT. 505) 298

 

AGENCY - Companies - Agents of a disclosed principal - promoters can enter into a pre-incorporation contract - As agents of the disclosed company that is not yet in existence. SOCIETE GENERALE FRANCE V. SOCIETE GENERALE BANK (NIG) LTD (1997) 4 KLR (PT 50) 631; (1997) 4 NWLR (PT. 497) 8

 

AGENCY - Creation of agency - Cannot be by a private letter to respondent referring to the appellant as his agent. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

AGENCY - Execution of contract - Where the content and form of execution is not qualified - Appellant executed the contract as principal - And not as agent of any 3rd party. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

AGREEMENTS - Review - Agreement between the parties - Where found to be Exhibit 2 - And there was no evidence of agreement to review - It is wrong for court to base computation of damages - On a different exhibit. J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1

 

APPEALS - Aggrieved party - Where respondent had no more legal function to perform - It cannot be a party aggrieved - So as to be entitled to appeal. OWENA BANK V. NIGERIAN STOCK EXCH. LTD (1997) 7 KLR (PT 53) 1421; (1997) 8 NWLR (PT. 515) 1

 

APPEALS - Appeal if successful - Courts have the duty to ensure it is not rendered nugatory - But the appeal in this case is abnormal. LEKWOT V. JUDICIAL TRIBUNAL (1997) 7 KLR (PT 54) 1904; (1997) 8 NWLR (PT. 515) 22

 

APPEALS - Brief - Argument based on grounds of appeal rather than issues formulated - Is non compliance with the rules - But condonation thereof by the Court of Appeal does not amount to miscarriage of justice. SANUSI V. ADEBIYI (1997) 12 KLR (PT 55) 1959; (1997) 11 NWLR (PT. 530) 565

 

APPEALS - Briefs - Defective brief - Where the ground of appeal in a defective brief cannot be said to have been abandoned - Reformulation of the issues by the Court below - Is proper. TUKUR V. GOVERNMENT OF TARABA STATE (1997) 6 KLR (PT 52) 1238; (1997) 6 NWLR (PT. 510) 549

 

APPEALS - Briefs - Use of the words “two briefs” by the Court of Appeal - Did not occasion a miscarriage of justice. UDOM V. MICHELETTI & SONS LTD (1997) 7 KLR (PT 54) 1690; (1997) 8 NWLR (PT. 516) 187

 

APPEALS - Chieftaincy matters - Concurrent findings that plaintiff’s family does not belong to the ruling house - Will not be disturbed. AMUDA V. ADELODUN (1997) 5 KLR (PT 52) 1071; (1997) 5 NWLR (PT. 506) 480

 

APPEALS - Claim that was rejected by trial court - Where not cross-appealed against - Respondent cannot raise issues that have no relevance to the ground of appeal. UDOM V. MICHELETTI & SONS LTD (1997) 7 KLR (PT 54) 1690; (1997) 8 NWLR (PT. 516) 187

 

APPEALS - Competence of grounds of appeal - Grounds that are incompetent - Should be struck out. COKER V. UBA PLC (1997) 2 KLR (PT 48) 413; (1997) 2 NWLR (PT. 490) 641

 

APPEALS - Conclusion of trial court - Where supported by evidence - Appellate court will not disturb it. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

APPEALS - Concurrent findings of fact - Supported by sufficient evidence - Will not be disturbed. SANUSI V. ADEBIYI (1997) 12 KLR (PT 55) 1959; (1997) 11 NWLR (PT. 530) 565

 

APPEALS - Concurrent findings - About nature of contract - Whether justified by the evidence considered. J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1

 

APPEALS - Concurrent findings - Preliminary investigation - Where not carried out before taking a child’s evidence under oath - And no error was occasioned thereby - Concurrent findings of guilt

will not be interfered with. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999; (1997) 12 NWLR (PT. 531) 1

 

APPEALS - Concurrent findings - Rejection of plaintiffs’ traditional evidence by the lower courts - Are perverse concurrent findings. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

APPEALS - Concurrent findings - That are perverse and erroneous - Will be set aside. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

APPEALS - Concurrent findings - Traditional histories - Conflict therein - Court is to test the two stories by reference to acts in recent times. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

APPEALS - Cross-appeal for special damages - Was wrongfully not considered by the Court of Appeal - Though the cross-appeal is allowed - Cross-appellant can only recover part of the damages. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

APPEALS - Damages - Remitting case to trial court - For the award of damages - Is unnecessary in this case. J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1

 

APPEALS - Delay in proceedings - Before the trial court - Will not per se warrant appellate court’s interference. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

APPEALS - Dismissal of appeal - By the Court of Appeal - Without looking at the counter-affidavit filed that morning - Is in breach of audi alteram partem rule. BOMOR V. EKIYOR (1997) 7 KLR (PT 54) 1571; (1997) 9 NWLR (PT. 519) 1

 

APPEALS - Decision of Court of Appeal - Where misconceived but not challenged - Remains the settlement of the issue between the parties. KOYA V. UBA LTD (1997) 1 KLR (PT 47) 73; (1997) 1 NWLR (PT. 481) 251

 

APPEALS - Enlargement of time - To file the record of appeal - Court will not entertain questions - That will determine the substantive appeal. IKENNA V. BOSAH (1997) 3 KLR (PT 49) 589; (1997) 3 NWLR (PT. 495) 503

 

APPEALS - Enlargement of time to appeal - Failure to show there is a substantial case to be determined - The application will be refused. IKENNA V. BOSAH (1997) 3 KLR (PT 49) 589; (1997) 3 NWLR (PT. 495) 503

 

APPEALS - Enlargement of time to prepare the records - Where appellant has delayed in filing the record of appeal - Enlargement of time will be granted - Upon presentation of good reason. COKER V. UBA PLC (1997) 2 KLR (PT 48) 413; (1997) 2 NWLR (PT. 490) 641

 

APPEALS - Error in judgment - It is not every error in judgment that will result in the appeal being allowed - It is only when the error is substantial and has occasioned a miscarriage of justice - That an appeal court is bound to interfere. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

APPEALS - Error in judgment - Must be substantial - To warrant appellate court’s interference. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

APPEALS - Error in trial court’s judgment - Not every slip will result in the judgment being upset on appeal. PAN ATLANTIC LTD V. RHEIN MASS GMBH (1997) 3 KLR (PT 49) 577; (1997) 3 NWLR (PT. 493) 248

 

APPEALS - Estoppel - Where a party has adopted a procedure by consent - He will not be heard to say that the procedure was prejudicial to him. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

APPEALS - Evaluation of evidence - Where trial court fails to evaluate evidence adduced before it in the determination of disputes - Appellate Court will do so. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

APPEALS - Extension of time to appeal - Raising of arguable issue of jurisdiction - Will make the court take lenient view of the delay in appealing. UKWU V. BUNGE (1997) 7 KLR (PT 53) 1512; (1997) 8 NWLR (PT. 518) 527

 

APPEALS - Extension of time to appeal - Three essential prayers that go to the issue of jurisdiction - Must include prayer for enlargement of time within which to file notice of appeal. BOLEX ENT. LTD V. INCAR NIG. PLC (1997) 7 KLR (PT 53) 1563; (1997) 10 NWLR (PT. 526) 530

 

APPEALS - Extension of time to appeal - Where reasons for the delay are not disclosed - Or are not substantial - The application will not be granted. IKENNA V. BOSAH (1997) 3 KLR (PT 49) 589; (1997) 3 NWLR (PT. 495) 503

 

APPEALS - Extension of time - Cannot be granted by the court - To a party that has not prayed for it. OWENA BANK V. NIGERIAN STOCK EXCH. LTD (1997) 7 KLR (PT 53) 1421; (1997) 8 NWLR (PT. 515) 1

 

APPEALS - Extension of time - For the giving of notice of appeal -Even where most of the prayers are not being opposed - Court has the duty to ensure compliance with the Rules. BOLEX ENT. LTD V. INCAR NIG. PLC (1997) 7 KLR (PT 53) 1563; (1997) 10 NWLR (PT. 526) 530

 

APPEALS - Extension of time - To apply for leave to appeal - Conditions under which time will be extended under the Rules - Inquiring into the reasons for the delay may be unnecessary - Where prima facie issue of jurisdiction is raised. UKWU V. BUNGE (1997) 7 KLR (PT 53) 1512; (1997) 8 NWLR (PT. 518) 527

 

APPEALS - Findings of fact - In vicarious liability claim - Was wrongfully set aside by Court of Appeal. ODEBUNMI V. ABDULLAHI (1997) 2 KLR (PT 48) 357; (1997) 2 NWLR (PT. 489) 526

 

APPEALS - Findings of fact - Of a trial judge - Should not easily be disturbed by appeal court - Save where the findings are perverse. UKATTA V. NDINAEZE (1997) 4 KLR (PT 50) 708; (1997) 4 NWLR (PT. 499) 251

 

APPEALS - Findings of fact - That are based on demeanour or credibility of witnesses - Where not perverse - Appellate court should not come to a different conclusion. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

APPEALS - Finding of fact - Where not based on demeanour or credibility of witnesses - Appellate Court is entitled to more readily form an independent opinion. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

APPEALS - Findings of trial area court - Appellate high court’s interference therewith - Is erroneous. HAAV V. KUNDU (1997) 5 KLR (PT 52) 1079; (1997) 5 NWLR (PT. 505) 313

 

APPEALS - Findings of trial Court - On the credibility of witnesses - Where not tainted with bias - It should be upheld. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

APPEALS - Findings of trial court - That is not based on the pleadings - Will be discountenanced. OVIAWE V. INTEGRATED RUBBER PRODUCTS LTD (1997) 3 KLR (PT 49) 469; (1997) 3 NWLR (PT. 492) 126

 

APPEALS - Findings of trial court on facts - Should not be interfered with - Unless in certain circumstances. HAAV V. KUNDU (1997) 5 KLR (PT 52) 1079; (1997) 5 NWLR (PT. 505) 313

 

APPEALS - Findings of trial judge - Where found to be perverse - Court of Appeal rightly interfered. UKATTA V. NDINAEZE (1997) 4 KLR (PT 50) 708; (1997) 4 NWLR (PT. 499) 251

 

APPEALS - Ground of appeal - That was not raised at trial - May be allowed on appeal - Where it raised substantial issue of law. KOYA V. UBA LTD (1997) 1 KLR (PT 47) 73; (1997) 1 NWLR (PT. 481) 251

 

APPEALS - Ground of Appeal - That complains about admission of inadmissible evidence - Is a ground of law - And therefore competent. OLANREWAJU V. OGUNLEYE (1997) 1 KLR (PT 47) 225; (1997) 2 NWLR (PT. 485) 12

 

APPEALS - Ground of appeal - That was not amended to take care of the issue being raised - Any argument thereon will be discountenanced. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

APPEALS - Grounds of appeal - Complaint against lower courts exercise of discretion - Is not a ground of law. COMEX LTD V. NIGERIA ARAB BANK LTD (1997) 4 KLR (PT 50) 653; (1997) 3 NWLR (PT. 496) 643

 

APPEALS - Grounds of appeal - Discretion of trial court - Where reviewed by the Court of Appeal - Ground questioning that exercise of discretion - Is at best one of mixed law and fact. COKER V. UBA PLC (1997) 2 KLR (PT 48) 413; (1997) 2 NWLR (PT. 490) 641

 

APPEALS - Grounds of appeal - Founded on a point not raised at the Court of Appeal - And without having sought the leave of the Supreme Court - Ought to be struck out. SANUSI V. ADEBIYI (1997) 12 KLR (PT 55) 1959; (1997) 11 NWLR (PT. 530) 565

 

APPEALS - Grounds of appeal - Ground complaining against exercise of lower court’s discretion - Is not of necessity one of fact simpliciter. COMEX LTD V. NIGERIA ARAB BANK LTD (1997) 4 KLR (PT 50) 653; (1997) 3 NWLR (PT. 496) 643

 

APPEALS - Grounds of appeal - Leave to appeal - Not obtained in respect of grounds 1&2 that are not of law simpliciter - Those grounds will be struck out. COMEX LTD V. NIGERIA ARAB BANK LTD (1997) 4 KLR (PT 50) 653; (1997) 3 NWLR (PT. 496) 643

APPEALS - Grounds of appeal - Need to attach proposed grounds of appeal - In an application for leave to appeal on questions other than those of law alone. BOLEX ENT. LTD V. INCAR NIG. PLC (1997) 7 KLR (PT 53) 1563; (1997) 10 NWLR (PT. 526) 530

 

 

APPEALS - Grounds of appeal - Omnibus ground that judgment is against weight of evidence - Is a proper and valid ground of appeal. ADEYERI V. OKOBI (1997) 6 KLR (PT 52) 1188; (1997) 6 NWLR (PT. 510) 534

 

APPEALS - Grounds of appeal - Proposed new grounds - Where they are of mixed law and fact - Leave of court must be obtained before filing the grounds. COKER V. UBA PLC (1997) 2 KLR (PT 48) 413; (1997) 2 NWLR (PT. 490) 641

 

APPEALS - Grounds of appeal - That are of mixed law and facts - Are incompetent where no leave was obtained. OLANREWAJU V. OGUNLEYE (1997) 1 KLR (PT 47) 225; (1997) 2 NWLR (PT. 485) 12

 

APPEALS - Grounds of appeal - Where each ground allege error in law and misdirection - They would be struck out for being incompetent. OLANREWAJU V. OGUNLEYE (1997) 1 KLR (PT 47) 225; (1997) 2 NWLR (PT. 485) 12

 

APPEALS - Grounds of appeal - Where they are of mixed law and fact - And no leave was obtained - Those grounds and issues predicated on them - Will be struck out for being incompetent. NYAMBI V. OSADIM (1997) 1 KLR (PT 47) 281; (1997) 2 NWLR (PT. 485) 1

 

APPEALS - Grounds of appeal - Where found to be grounds of law - No leave of court is required. OWENA BANK V. NIGERIAN STOCK EXCH. LTD (1997) 7 KLR (PT 53) 1421; (1997) 8 NWLR (PT. 515) 1

 

APPEALS - Grounds of facts or mixed law and facts - Where the appeal is interlocutory - Failure to obtain leave - Renders all the three grounds incompetent. NWOSU V. OFFOR (1997) 1 KLR (PT 47) 272; (1997) 2 NWLR (PT. 487) 274

 

APPEALS - Grounds of law - Appeal filed pursuant to s. 213(2) of the Constitution - The grounds can only be amended - By substituting grounds of law only. COKER V. UBA PLC (1997) 2 KLR (PT 48) 413; (1997) 2 NWLR (PT. 490) 641

 

APPEALS - Inference - Drawing inference from facts - Where proper - The appellate court is free to do so. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

APPEALS - Interference - Evaluation of evidence by trial Court - Findings not borne out of the Evidence - Court of Appeal’s intervention is proper. KAMALU V. UMUNNA (1997) 5 KLR (PT 51) 1001; (1997) 5 NWLR (PT. 505) 321

 

APPEALS - Interference - Findings of fact - should not easily be interfered with by appellate Court - Save there is an obvious error. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

APPEALS - Interference - Since the Appellants failed to prove that 1st Appellant was selected in accordance with the prevailing native law - The court below was right to interfere with the finding of fact of trial court. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

APPEALS - Interlocutory appeal - No evidence to support appellants’ assertion - Concerning a particular chieftaincy custom. GOV. ANAMBRA STATE V. EZEMUOKWE (1997) 3 KLR (PT 49) 561; (1997) 3 NWLR (PT. 494) 374

 

APPEALS - Interlocutory appeal - Where included within the main appeal - Leave to appeal out of time must be obtained. OGIGIE V. OBIYAN (1997) 10 KLR (PT 55) 1915; (1997) 10 NWLR (PT. 524) 179

 

APPEALS - Issue - Defence of insanity - Where the defence was not raised by the appellant - The issue cannot now be raised on appeal. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999; (1997) 12 NWLR (PT. 531) 1

 

APPEALS - Issue - That deals on semantics - And does not derogate from the concurrent findings of fact - Will not ground interference. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

APPEALS - Issue - That does not arise out of the ground of appeal - Is incompetent. NYAMBI V. OSADIM (1997) 1 KLR (PT 47) 281; (1997) 2 NWLR (PT. 485) 1

 

APPEALS - Issue - That was erroneously not determined by the Court of Appeal - Will be considered by the Supreme Court - Since it is based on point of law only. OGIGIE V. OBIYAN (1997) 10 KLR (PT 55) 1915; (1997) 10 NWLR (PT. 524) 179

 

APPEALS - Issue - That was properly raised - Court of Appeal misdirected itself - In holding that the issue was not subject of any ground of appeal. OGIGIE V. OBIYAN (1997) 10 KLR (PT 55) 1915; (1997) 10 NWLR (PT. 524) 179

 

APPEALS - Issue - That is against trial court’s judgment - Cannot be entertained by the Supreme Court. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

APPEALS - Issues - An issue that was not canvassed before the Court of Appeal - Cannot be raised without leave before the Supreme Court. TUKUR V. GOVERNMENT OF TARABA STATE (1997) 6 KLR (PT 52) 1238; (1997) 6 NWLR (PT. 510) 549

 

APPEALS - Issues - Not formulated in the parties’ pleadings - And not forming any ground of appeal - Cannot be dealt with by the Court of Appeal. EJINDU V. OBI (1997) 1 KLR (PT 47) 113; (1997) 1 NWLR (PT. 484) 505

 

APPEALS - Issues - Raising of a new issue before the Supreme Court - The general rule that it will not be allowed - Is not rigid. ADEYERI V. OKOBI (1997) 6 KLR (PT 52) 1188; (1997) 6 NWLR (PT. 510) 534

 

APPEALS - Issues - That relate to compulsory acquisition of land - And contract to pay compensation - Where not proved - Are incompetent. UMUKORO V. NPA (1997) 5 KLR (PT 51) 954; (1997) 4 NWLR (PT. 502) 656

 

APPEALS - Issues - That are not predicated on the grounds of appeal - Would be struck out. KARI V. GANARAM (1997) 2 KLR (PT 48) 391; (1997) 2 NWLR (PT. 488) 380

 

APPEALS - Issues - That were not canvassed before the lower courts - Cannot be raised - Without leave of the Supreme Court. OGUNDARE V. OGUNLOWO (1997) 5 KLR (PT 52) 1110; (1997) 6 NWLR (PT. 509) 360

 

APPEALS - Issues for determination - Appeal Court not to raise issues suo motu - Where raised - Parties should be heard. LADEPO V. AJANI (1997) 7 KLR (PT 54) 1709; (1997) 8 NWLR (PT. 517) 356

 

APPEALS - Issues for determination - Issues Not raised nor argued by parties - Decision of courts cannot be founded on them. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

APPEALS - Judgment - Pronounced opinion of a member of the panel - Who has ceased to be a Justice of the Court of Appeal on the date of judgment - Is not a nullity. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

APPEALS - Judgment - Whether all the three Justices of the Court of Appeal - That heard an appeal - Must be present at the delivery of the judgment. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

APPEALS - Judgments - Misdirection - That did not occasion miscarriage of justice - Is immaterial. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

APPEALS - Judgments - Pronounced opinion of a retired Court of Appeal justice - Is proper and valid. ADESOKAN V. ADEGOROLU (1997) 3 KLR (PT 49) 505; (1997) 3 NWLR (PT. 493) 261

 

APPEALS - Judgments - Written judgment of retired justice of Court of Appeal - Delivered after such retirement - Is a nullity. ADESOKAN V. ADEGOROLU (1997) 3 KLR (PT 49) 505; (1997) 3 NWLR (PT. 493) 261

 

APPEALS - Jurisdiction - Where the High Court’s jurisdiction in an ex parte application is in issue - The issues related to the proceedings or judgment of a Tribunal should not arise. LEKWOT V. JUDICIAL TRIBUNAL (1997) 7 KLR (PT 54) 1904; (1997) 8 NWLR (PT. 515) 22

 

APPEALS - Jurisdiction of the Supreme Court - To determine appeals - Cannot allow it hear appeals straight from the high court. J.E. OSHEVIRE LTD V. TRIPOLI MOTORS (1997) 4 KLR (PT 51) 823; (1997) 5 NWLR (PT. 503) 1

 

APPEALS - Murder - Whether the Court of Appeal - Properly dismissed the appellant’s appeal. PETER V. THE STATE (1997) 3 KLR (PT 49) 487; (1997) 3 NWLR (PT. 496) 625

 

APPEALS - Merit - Where the only competent ground - Has no issue raised in respect thereof - That ground of appeal is deemed abandoned - And the appeal will be dismissed. COMEX LTD V. NIGERIA ARAB BANK LTD (1997) 4 KLR (PT 50) 653; (1997) 3 NWLR (PT. 496) 643

 

APPEALS - New points - That were not pleaded nor canvassed before the trial court - Cannot be raised by the appellants. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

APPEALS - New point of law - That was not in issue in the pleadings - Cannot be raised - Where further evidence would be required. IKEANYI V. ACB LTD (1997) 2 KLR (PT 48) 373; (1997) 2 NWLR (PT. 489) 509 APPEALS - Nullification of proceedings - Failure to exhibit the proceedings and judgment sought to be nullified - Makes the application improper. LEKWOT V. JUDICIAL TRIBUNAL (1997) 7 KLR (PT 54) 1904; (1997) 8 NWLR (PT. 515) 22

 

APPEALS - Objection - Where sought to be newly raised before the Supreme Court - Leave must be obtained. GOVERNOR IMO STATE V. NWAUWA (1997) 2 KLR (PT 48) 327; (1997) 2 NWLR (PT. 490) 675

 

APPEALS - Opposition against a prayer - Where a particular prayer was not opposed - Whether appellants can now oppose it on appeal. AKINNUBI V. AKINNUBI (1997) 1 KLR (PT 47) 257; (1997) 2 NWLR (PT. 486) 144

 

APPEALS - Retrial - Land matter - Failure of plaintiffs’ claim - retrial that will amount to giving plaintiffs a second chance - Will be refused. SALAMI V. GBODOOLU (1997) 4 KLR (PT 50) 689; (1997) 4 NWLR (PT. 499) 277

 

APPEALS - Retrial - Where a court of trial fails to advert its mind to and treat all issues in controversy - And there is insufficient material before the Appeal Court - The proper order to make is one of retrial. OKONKWO V. UDOH (1997) 7 KLR (PT 54) 1722; (1997) 9 NWLR (PT. 519) 16

 

APPEALS - Retrial - Where appellants’ case was wrongfully upset by Court of Appeal - Retrial will not be upheld. EJINDU V. OBI (1997) 1 KLR (PT 47) 113; (1997) 1 NWLR (PT. 484) 505

 

APPEALS - Retrial - Wrongful rejection of admissible evidence - Where miscarriage of justice is occasioned - Retrial will be ordered - Even if it was not prayed for. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

APPEALS - Reversal - Error of lower court - Will not ground a reversal - Unless the error affected the decision crucially. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

APPEALS - Reversal - Rejection of evidence - Will only be a ground for reversing a decision - If it occasioned a miscarriage of justice. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

APPEALS - Time to appeal - If the statutory time within which an interested party can file his appeal has expired - There are three prayers that will make his application competent. OWENA BANK V. NIGERIAN STOCK EXCH. LTD (1997) 7 KLR (PT 53) 1421; (1997) 8 NWLR (PT. 515) 1

 

APPEALS - Title to land - Acts of possession by plaintiffs - Lower courts’ findings thereon being perverse - Plaintiffs’ claims will succeed. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

APPEALS - Words & Phrases - “Hearing” - As envisaged under s. 258(2) of the 1979 Constitution - Is as at the closure of the parties’ addresses - And the appeal is adjourned for judgment. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

ARBITRATION - Companies - Arbitration clause - Contained in a pre-incorporation contract that was subsequently ratified - Is binding on the respondent. SOCIETE GENERALE FRANCE V. SOCIETE GENERALE BANK (NIG) LTD (1997) 4 KLR (PT 50) 631; (1997) 4 NWLR (PT. 497) 8

 

ARBITRATION - Competence of action - Whether failure to refer dispute to an arbitrator - Before filing this action - Affects competence of the action. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

ARBITRATION - Limitation period - Effect of Scott v. Avery clause on limitation period - The clause is no more applicable in Lagos. CITY ENGINEERING LTD V. F.H.A (1997) 7 KLR (PT 54) 1874; (1997) 9 NWLR (PT. 520) 224

 

ARBITRATION - Limitation period - In respect of action for damages for breach of implied promise to perform an award - Runs from the date of refusal to obey award. CITY ENGINEERING LTD V. F.H.A (1997) 7 KLR (PT 54) 1874; (1997) 9 NWLR (PT. 520) 224

 

ARBITRATION - Statutory period of limitation - In respect of enforcement of arbitration award - Runs from the date the cause of action arose. CITY ENGINEERING LTD V. F.H.A (1997) 7 KLR (PT 54) 1874; (1997) 9 NWLR (PT. 520) 224

 

AUCTIONEERS LAW - Compliance - Consistency - Case fought on whether there was an auction sale - Plaintiff having failed to establish there was no sale - Cannot turn round to contend that sections of the Auctioneer’s Law - Were not complied with. IKEANYI V. ACB LTD (1997) 2 KLR (PT 48) 373; (1997) 2 NWLR (PT. 489) 509

 

AUCTIONEERS LAW - Provisions thereof - Cannot be considered in isolation from the parties case. IKEANYI V. ACB LTD (1997) 2 KLR (PT 48) 373; (1997) 2 NWLR (PT. 489) 509

 

AUCTIONEERS LAW - Sale by auction - Exercise of power to sale mortgaged landed property - Whether valid. IKEANYI V. ACB LTD (1997) 2 KLR (PT 48) 373; (1997) 2 NWLR (PT. 489) 509

 

BANKING - Account position - Letter drawing appellant’s attention to the position of his account - Cannot amount to a letter of demand. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

BANKING - Bank draft - Where negligently delivered by the appellant - Respondent cannot be held liable. KOYA V. UBA LTD (1997) 1 KLR (PT 47) 73; (1997) 1 NWLR (PT. 481) 251

 

BANKING - Cheques - Cheque drawn by a customer - If there is enough funds in that account - The bank will be liable in damages - Where it failed to honour the cheque. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

BANKING - Cheques - Wrongful dishonour of a customer’s cheque - Amounts to a breach of contract - Which entitles a trading customer to substantial damages - Though actual damage was neither pleaded nor proved. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

BANKING - Current accounts combination - Right of bank to combine them - Is limited to where the accounts are held in the same right - That is same name, character or capacity. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

BANKING - Current accounts combination - Separate current accounts kept by a customer - The bank is entitled to combine them - Unless precluded by express or implied agreement. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

BANKING - Current accounts combination - Without obtaining respondent’s prior consent - And the failure to honour his cheque - Are wrongful. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

BANKING - Current accounts combination - Where the accounts in issue are not in the same right - And transactions in the accounts were never mixed up - Implied agreement to keep the

accounts separate exist. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

BANKING - Drawing in excess of one’s credit - Is a request for loan - Where the cheque is honoured - The customer has borrowed money by way of overdraft - Irrespective of no existence of

formal agreement. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

BANKING - Interest on overdraft - Where there is no express agreement - Bank may only recover interest - If the borrower does not object. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

BANKING - Overdraft - Cause of action - Where no specific date was agreed upon for repayment - There must be demand - Before cause of action will arise. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

BANKING - Payment of money into an account - Failure to tender the bank teller - Whether the alleged payment is proved. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

CARRIAGE OF GOODS - Contract - Conditions of contract printed on the face of the way bill - Is binding on the plaintiff - Who failed to show that the conditions were concealed. IWUOHA V. NIGERIA RAILWAY CORPORATION (1997) 4 KLR (PT 50) 601; (1997) 4 NWLR (PT. 500) 419

 

CARRIAGE OF GOODS - Contract - Way bill Exh. “A” issued by Railway Corporation - Forms part of the contract between the parties. IWUOHA V. NIGERIA RAILWAY CORPORATION (1997) 4 KLR (PT 50) 601; (1997) 4 NWLR (PT. 500) 419

 

CARRIAGE OF GOODS - International Law - Carriage by air Order 1953 - Made while Nigeria was a British Colony - Whether the Order is an existing and applicable law in Nigeria. IBIDAPO V. LUFTHANSA AIRLINES (1997) 4 KLR (PT 50) 734; (1997) 4 NWLR (PT. 498) 124

 

CARRIAGE OF GOODS - Value of the goods - Where not declared as required by law and the conditions of contract - Appellant is bound to fail - Whether he be an old customer or not. IWUOHA V. NIGERIA RAILWAY CORPORATION (1997) 4 KLR (PT 50) 601; (1997) 4 NWLR (PT. 500) 419

 

CHIEFTAINCY MATTERS - Appointment of Chief - The appointment of 1st defendant as chief - By the military governor - Is null and void. AMUDA V. ADELODUN (1997) 5 KLR (PT 52) 1071; (1997) 5 NWLR (PT. 506) 480

 

CHIEFTAINCY MATTERS - Appointment of Chief - Where the law did not empower the traditional council to make an appointment - It has no jurisdiction to recommend 1st defendant to the governor. AMUDA V. ADELODUN (1997) 5 KLR (PT 52) 1071; (1997) 5 NWLR (PT. 506) 480

 

CHIEFTAINCY MATTERS - Commencement of action - Provision under the Edict - That a nonrefundable fee of N10,000.00 must be paid before commencing a chieftaincy action - Is constitutional. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

CHIEFTAINCY MATTERS - Commencement of actions - Where appellant’s main complaint relate to his deposition as Emir - It was wrong to come by way of fundamental Rights (Enforcement Procedure) Rules. TUKUR V. GOVERNMENT OF TARABA STATE (1997) 6 KLR (PT 52) 1238; (1997) 6 NWLR (PT. 510) 549

 

CHIEFTAINCY MATTERS - Declarations on chieftaincy - Are useful guides as to the order of succession - Even where the chieftaincy is derecognized by government. OGUNDARE V. OGUNLOWO (1997) 5 KLR (PT 52) 1110; (1997) 6 NWLR (PT. 509) 360

 

CHIEFTAINCY MATTERS - Evidence - Interlocutory appeal - No evidence to support appellants’ assertion - Concerning a particular chieftaincy custom. GOV. ANAMBRA STATE V. EZEMUOKWE (1997) 3 KLR (PT 49) 561; (1997) 3 NWLR (PT. 494) 374

 

CHIEFTAINCY MATTERS - Fair hearing - Withdrawal of the chief’s recognition - Whether implemented without fair hearing. GOVERNOR IMO STATE V. NWAUWA (1997) 2 KLR (PT 48) 327; (1997) 2 NWLR (PT. 490) 675

 

CHIEFTAINCY MATTERS - Locus standi - Whether plaintiff has the locus - to institute the action. ADESOKAN V. ADEGOROLU (1997) 3 KLR (PT 49) 505; (1997) 3 NWLR (PT. 493) 261

 

CHIEFTAINCY MATTERS - Notice of intention to sue the Governor - Whether plaintiff having been dethroned - Is required to give preaction notice. GOV. ANAMBRA STATE V. EZEMUOKWE (1997) 3 KLR (PT 49) 561; (1997) 3 NWLR (PT. 494) 374

 

CHIEFTAINCY MATTERS - Recognition of a chief - Withdrawal of the recognition - Whether proper. GOVERNOR IMO STATE V. NWAUWA (1997) 2 KLR (PT 48) 327; (1997) 2 NWLR (PT. 490) 675

 

CHIEFTAINCY MATTERS - Recognition of a chief - Withdrawal of the recognition - Makes the dethroned chief an ordinary citizen. GOV. ANAMBRA STATE V. EZEMUOKWE (1997) 3 KLR (PT 49) 561; (1997) 3 NWLR (PT. 494) 374

 

CHIEFTAINCY MATTERS - Ruling house - Where one ruling house surrendered its turn to another - It will be the turn of the next ruling house - To present a candidate. OGUNDARE V. OGUNLOWO (1997) 5 KLR (PT 52) 1110; (1997) 6 NWLR (PT. 509) 360

 

CHIEFTAINCY MATTERS - Ruling house - Concurrent findings that plaintiff’s family does not belong to the ruling house - Will not be disturbed. AMUDA V. ADELODUN (1997) 5 KLR (PT 52) 1071; (1997) 5 NWLR (PT. 506) 480

 

CHIEFTAINCY MATTERS - Support of the community for the chief - Loss of the support - Can be measured not only by referendum. GOVERNOR IMO STATE V. NWAUWA (1997) 2 KLR (PT 48) 327; (1997) 2 NWLR (PT. 490) 675

 

CHIEFTAINCY MATTERS - Traditional rulers - Whether there could be more than one ruler - For a community at the same time. GOV. ANAMBRA STATE V. EZEMUOKWE (1997) 3 KLR (PT 49) 561; (1997) 3 NWLR (PT. 494) 374

 

CLAIMS - Causes of action - Lumping of several causes of action - Makes the defendants counterclaim incompetent. UKATTA V. NDINAEZE (1997) 4 KLR (PT 50) 708; (1997) 4 NWLR (PT. 499) 251

 

CLAIMS - Claims partly for breach of fundamental right and partly for wrongful dismissal - Which should have been commenced by writ of summons but was not - Will be struck out as incompetent. EGBUONU V. BORNU RADIO TV. CORP (1997) 12 KLR (PT 55) 2063; (1997) 12 NWLR (PT. 531) 29

 

CLAIMS - Declaratory reliefs - Where the hard facts are uncontradicted and appellant behaved without equity - Court will be on the side of truth and law in support of the case. FASESIN V. OYERINDE (1997) 12 KLR (PT 55) 1987; (1997) 11 NWLR (PT. 530) 552

 

CLAIMS - Detinue - Return of the chattel or its value is the primary claim - Damages if proved will also be awarded. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

CLAIMS - Filing of a claim - Where statutory provisions are made for filing of a claim - The procedure laid down ought to be followed in making such a claim. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

CLAIMS - Failure of plaintiffs’ claim - retrial that will amount to giving plaintiffs a second chance - Will be refused. SALAMI V. GBODOOLU (1997) 4 KLR (PT 50) 689; (1997) 4 NWLR (PT. 499) 277

 

CLAIMS - Interest on contract sum - That was not established - And was not included in the parties’ contract - Will not be granted. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

CLAIMS - Nonsuit order - Where a party has failed to claim a relief relevant to his case - Court of Appeal will not substitute an order of nonsuit for that of dismissal. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

CLAIMS - Reliance on two methods in seeking to prove title - Failure to prove any of the methods - Will lead to dismissal of the claim. ADEYERI V. OKOBI (1997) 6 KLR (PT 52) 1188; (1997) 6 NWLR (PT. 510) 534

 

CLAIMS - Reliefs not claimed - Where no appropriate relief was claimed - The trial court cannot make any award. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

CLAIMS - Reliefs - Declaration of title - Being a discretionary remedy cannot be granted - Where plaintiffs fail to establish their entitlement to that relief. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

CLAIMS - Special damages - Must be proved by credible evidence - Claim for loss of use of a vehicle over a long period time - Onus of proof is not discharged - Where commercial life span of the vehicle may be very short. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

CLAIMS - Specific claim - Setoff claim by the defendant - For a specific period - Court is without jurisdiction to award what is not claimed. UDOM V. . MICHELETTI & SONS LTD (1997) 7 KLR (PT 54) 1690; (1997) 8 NWLR (PT. 516) 187

 

CLAIMS - Trespass and injunction claims - Can only be maintained by person in possession - Act sufficient to ground possession - Is a question of fact. LADEPO V. AJANI (1997) 7 KLR (PT 54) 1709; (1997) 8 NWLR (PT. 517) 356

 

COMPANY LAW - Agents of a disclosed principal - promoters can enter into a pre-incorporation contract - As agents of the disclosed company that is not yet in existence. SOCIETE GENERALE FRANCE V. SOCIETE GENERALE BANK (NIG) LTD (1997) 4 KLR (PT 50) 631; (1997) 4 NWLR (PT. 497) 8

 

COMPANY LAW - Arbitration clause - Contained in a pre-incorporation contract that was subsequently ratified - Is binding on the respondent. SOCIETE GENERALE FRANCE V. SOCIETE GENERALE BANK (NIG) LTD (1997) 4 KLR (PT 50) 631; (1997) 4 NWLR (PT. 497) 8

 

COMPANY LAW - Directors - Locus standi - Motion brought on behalf of board of directors - Is incompetent - Seeing that a provisional Liquidator has been appointed - And no leave was obtained. NDIC V. FMB LTD (1997) 5 KLR (PT 51) 924; (1997) 4 NWLR (PT. 501) 519

 

COMPANY LAW - Directors - Though empowered to act on behalf of the company - There are occasions when the company can act for itself. NDIC V. FMB LTD (1997) 5 KLR (PT 51) 924; (1997) 4 NWLR (PT. 501) 519

 

COMPANY LAW - Evidence - Hearsay - Company being a juristic person - Can give evidence of a transaction vide its servant - That did not take part in the transaction - And the evidence will not be hearsay. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

COMPANY LAW - Liquidators - Appointment of a provisional Liquidator - Removes the powers of directors - Save leave of court is obtained. NDIC V. FMB LTD (1997) 5 KLR (PT 51) 924; (1997) 4 NWLR (PT. 501) 519

 

COMPANY LAW - Liquidators - Whether - There is no difference between a liquidator and a provisional liquidator - Under ss. 422 and 423 of NDIC V. FMB LTD (1997) 5 KLR (PT 51) 924; (1997) 4 NWLR (PT. 501) 519

 

COMPANY LAW - Pre-incorporation agreement - Where plaintiff has already built its case on this premise - Whether it can now contest that the agreement in issue - Is no longer a pre-incorporation contract. SOCIETE GENERALE FRANCE V. SOCIETE GENERALE BANK (NIG) LTD (1997) 4 KLR (PT 50) 631; (1997) 4 NWLR (PT. 497) 8

COMPANY LAW - Pre-incorporation contract - Common law position is different from our statutory position - Under s. 72(1) of CAMA ratification is allowed. SOCIETE GENERALE FRANCE V. SOCIETE GENERALE BANK (NIG) LTD (1997) 4 KLR (PT 50) 631; (1997) 4 NWLR (PT. 497) 8

 

COMPANY LAW - Statutes -Companies & Allied Matters Act s. 72(1) - Ratification of pre-incorporation contract under the Act - Applies to contracts already ratified by existing companies - And those yet to be ratified. SOCIETE GENERALE FRANCE V. SOCIETE GENERALE BANK (NIG) LTD (1997) 4 KLR (PT 50) 631; (1997) 4 NWLR (PT. 497) 8

 

CONFLICT OF LAWS - Inconsistency - Provisions of State Law which are inconsistent with sections of the 1979 Constitution - That confer unlimited jurisdiction on the high court - Shall to the extent of such inconsistency be void. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

CONFLICT OF LAWS - Land Use Act - Applicability - Where the Land Use Act is applicable - Any other inconsistent law or Act relating to land is void. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

CONSTITUTIONAL LAW - Charge - S. 33(6) of the Constitution - Requirement that accused be informed of the charge in a language he understands - Was complied with. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

CONSTITUTIONAL LAW - Commencement of action - Provision under the Edict - That a nonrefundable fee of N10,000.00 must be paid before commencing a chieftaincy action - Is constitutional. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

CONSTITUTIONAL LAW - Existing law s. 274(1) of the 1979 Constitution - 1953 Order that made the Warsaw Convention part of our existing law - Still subsists. IBIDAPO V. LUFTHANSA AIRLINES (1997) 4 KLR (PT 50) 734; (1997) 4 NWLR (PT. 498) 124

 

CONSTITUTIONAL LAW - Fees - Chieftaincy matters - The fact that the fee enabling one to file action - Is increased in this category of cases - Does not render the fee unconstitutional. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

CONSTITUTIONAL LAW - Inconsistency - Provisions of State Law which are inconsistent with sections of the 1979 Constitution - That confer unlimited jurisdiction on the high court - Shall to the extent of such inconsistency be void. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

CONSTITUTIONAL LAW - Interpretation of criminal proceedings - Guaranteed under s. 33(6)(e) of 1979 Constitution - Whether breached in this case. MADU V. THE STATE (1997) 1 KLR (PT 47) 26; (1997) 1 NWLR (PT. 482) 386

 

CONSTITUTIONAL LAW - Promulgation of law - S. 239 of the 1979 Constitution - Was validly relied upon by Governor - In prescribing fees to be paid before one can institute a chieftaincy action. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

CONTRACTS - Accord and satisfaction - Where established by unchallenged evidence - Appellant’s claim will succeed. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

CONTRACTS - Accord and satisfaction principle - Agreement of plaintiff to pay some amount towards the discharge of a contract - Where not complied with - It is tantamount to an accord without satisfaction. CHIEKE V. OLUSOGA (1997) 3 KLR (PT 49) 547; (1997) 3 NWLR (PT. 494) 390

 

CONTRACTS - Agency - Creation of agency - Cannot be by a private letter to respondent referring to the appellant as his agent. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

CONTRACTS - Agreement between the parties - Where found to be Exhibit 2 - And there was no evidence of agreement to review - It is wrong for court to base computation of damages - On a different exhibit. J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1

 

CONTRACTS - Breach of contract - Where there was no breach of contract - Whether appellant’s claim to payment on quantum meruit - Has any basis J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1.

 

CONTRACTS - Breach - Banking - Cheques - Wrongful dishonour of a customer’s cheque - Amounts to a breach of contract - Which entitles a trading customer to substantial damages - Though actual damage was neither pleaded nor proved. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

CONTRACTS - Carriage of goods - Conditions of contract printed on the face of the way bill - Is binding on the plaintiff - Who failed to show that the conditions were concealed. IWUOHA V. NIGERIA RAILWAY CORPORATION (1997) 4 KLR (PT 50) 601; (1997) 4 NWLR (PT. 500) 419

 

CONTRACTS - Carriage of goods - Value of the goods - Where not declared as required by law and the conditions of contract - Appellant is bound to fail - Whether he be an old customer or not. IWUOHA V. NIGERIA RAILWAY CORPORATION (1997) 4 KLR (PT 50) 601; (1997) 4 NWLR (PT. 500) 419

 

CONTRACTS - Carriage of goods - Way bill Exh. “A” issued by Railway Corporation - Forms part of the contract between the parties. IWUOHA V. NIGERIA RAILWAY CORPORATION (1997) 4 KLR (PT 50) 601; (1997) 4 NWLR (PT. 500) 419

 

CONTRACTS - Companies - Pre-incorporation agreement - Where plaintiff has already built its case on this premise - Whether it can now contest that the agreement in issue - Is no longer a pre-incorporation contract. SOCIETE GENERALE FRANCE V. SOCIETE GENERALE BANK (NIG) LTD (1997) 4 KLR (PT 50) 631; (1997) 4 NWLR (PT. 497) 8

 

CONTRACTS - Companies -Pre-incorporation contract - Common law position is different from our statutory position - Under s. 72(1) of CAMA ratification is allowed. SOCIETE GENERALE FRANCE V. SOCIETE GENERALE BANK (NIG) LTD (1997) 4 KLR (PT 50) 631; (1997) 4 NWLR (PT. 497) 8

 

CONTRACTS - Damages for breach of contract - Where the amount was neither pleaded no proved - No damages will be awarded - Though the breach is established. J.E. OSHEVIRE LTD V. TRIPOLI MOTORS (1997) 4 KLR (PT 51) 823; (1997) 5 NWLR (PT. 503) 1

 

CONTRACTS - Discharge of a contract - Where unilateral - It has to be under seal - Or some valuable consideration has to be given. CHIEKE V. OLUSOGA (1997) 3 KLR (PT 49) 547; (1997) 3 NWLR (PT. 494) 390

 

CONTRACTS - Dismissal - At common law - Where dismissal is in breach of the terms of the contract - The servant may consider the contract determined and sue for redress. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

CONTRACTS - Execution - Where the content and form of execution is not qualified - Appellant executed the contract as principal - And not as agent of any 3rd party. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

CONTRACTS - Exemplary damages - Whether recoverable in an action in contract - As in this case of a bank wrongfully dishonouring a customer’s cheque. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

CONTRACTS - Exemption clauses - Way Bill that forms the basis of contracts - Parties are bound by the exclusions contained therein. IWUOHA V. NIGERIA RAILWAY CORPORATION (1997) 4 KLR (PT 50) 601; (1997) 4 NWLR (PT. 500) 419

 

CONTRACTS - Express or implied agreement - Banking - Current accounts combination - Separate current accounts kept by a customer - The bank is entitled to combine them - Unless precluded by express or implied agreement. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

CONTRACTS - Formation - Definite offer capable of being accepted must exist - Where no such definite offer is made - Formal contract cannot be inferred. OLAOPA V. OBAFEMI AWOLOWO UNIVERSITY (1997) 6 KLR (PT 52) 1167; (1997) 7 NWLR (PT. 512) 204

 

CONTRACTS - Implied agreement - Banking - Current accounts combination - Where the accounts in issue are not in the same right - And transactions in the accounts were never mixed up - Implied agreement to keep the accounts separate exist. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

CONTRACTS - Insurance - Claim as per contract of Insurance - Whether proved by the appellant. EDOKPOLOR & CO. LTD V. BENDEL INSUR. CO. LTD (1997) 1 KLR (PT 47) 214; (1997) 2 NWLR (PT. 486) 131

 

CONTRACTS - Interest on contract sum - That was not established - And was not included in the parties’ contract - Will not be granted. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

CONTRACTS - Invitation to treat - A discussion preparatory to formation of a formal contract - Amounts to invitation to treat. OLAOPA V. OBAFEMI AWOLOWO UNIVERSITY (1997) 6 KLR (PT 52) 1167; (1997) 7 NWLR (PT. 512) 204

 

CONTRACTS - Nature - Appeals - Concurrent findings - About nature of contract - Whether justified by the evidence considered. J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1

 

CONTRACTS - Offer and acceptance - Definite offer capable of being accepted must exist - Where no such definite offer is made - Formal contract cannot be inferred. OLAOPA V. OBAFEMI AWOLOWO UNIVERSITY (1997) 6 KLR (PT 52) 1167; (1997) 7 NWLR (PT. 512) 204

 

CONTRACTS - Parol contract - Breach thereof - Though the parties’ contract was oral - It was binding - And therefore breached by the defendant. J.E. OSHEVIRE LTD V. TRIPOLI MOTORS (1997) 4 KLR (PT 51) 823; (1997) 5 NWLR (PT. 503) 1

 

CONTRACTS - Part payment - Where purchaser made part payment but defaults in payment of the balance - The vendor has right to rescind the contract and resell. ODUSOGA V. RICKETTS (1997) 7 KLR (PT 53) 1271; (1997) 7 NWLR (PT. 511) 1

 

CONTRACTS - Privity of contract - Insurance - Where the insurance company will pay for repair of damaged vehicle - Whether there is privity of contract - Between the owner of the car and the repairer. J.E. OSHEVIRE LTD V. TRIPOLI MOTORS (1997) 4 KLR (PT 51) 823; (1997) 5 NWLR (PT. 503) 1

 

CONTRACTS - Quantum meruit claim - Cannot arise - Where there is an existing contract - For the payment of an agreed sum. OLAOPA V. OBAFEMI AWOLOWO UNIVERSITY (1997) 6 KLR (PT 52) 1167; (1997) 7 NWLR (PT. 512) 204

 

CONTRACTS - Quantum meruit - Basis for the claim is a contract - Where there is no contract between the parties as in this case - Quantum meruit claim cannot succeed. OLAOPA V. OBAFEMI AWOLOWO UNIVERSITY (1997) 6 KLR (PT 52) 1167; (1997) 7 NWLR (PT. 512) 204

 

CONTRACTS - Quantum meruit - Failure to plead - The issue of quantum meruit - Trial court was in error - To have awarded what was not claimed by way of pleadings. OLAOPA V. OBAFEMI AWOLOWO UNIVERSITY (1997) 6 KLR (PT 52) 1167; (1997) 7 NWLR (PT. 512) 204

 

CONTRACTS - Quantum meruit - Where there was no evidence on which to conduct the exercise - Trial court should not give an order - That the parties should determine quantum meruit out of court. J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1

 

CONTRACTS - Revocation - Contract that was kept alive by defendant for plaintiff’s benefit - Should not be revoked without notice to the plaintiff. UDOM V. MICHELETTI & SONS LTD (1997) 7 KLR (PT 54) 1690; (1997) 8 NWLR (PT. 516) 187

 

CONTRACTS - Specific performance - Purchase price - Where purchase price is not fully paid and purchaser sues for specific performance - Right to specific performance cannot be enforced. ODUSOGA V. RICKETTS (1997) 7 KLR (PT 53) 1271; (1997) 7 NWLR (PT. 511) 1

 

CONTRACTS - Time - That was originally of the essence of the contract - Where waived subsequently - Fresh notice to complete work within a stipulated time - Would become necessary. UDOM V. MICHELETTI & SONS LTD (1997) 7 KLR (PT 54) 1690; (1997) 8 NWLR (PT. 516) 187

 

CONVEYANCING - Attestation to instrument executed by illiterates -By virtue of s. 8 of the Land Instrument Registration Law - Exh D3 was properly executed - In view of the nature of attestation therein. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

CONVEYANCING - Fake document - Deed of Lease - With attached plan that was drawn 7 years latter - Whether a fake document. ISERU V. CATHOLIC BISHOP OF WARRI DIOCESE (1997) 4 KLR (PT 50) 618; (1997) 3 NWLR (PT. 495) 517

 

CONVEYANCING - Family land - Conveyance by some individual members of a family - When does it become void or voidable. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

CONVEYANCING - Fee simple conveyance - Cannot be granted - Under the State Lands Law or Land Use Act. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

CONVEYANCING - Registrable documents - Whether a farm cultivation agreement - Is subject to registration. OLANREWAJU V. OGUNLEYE (1997) 1 KLR (PT 47) 225; (1997) 2 NWLR (PT. 485) 12

 

CONVEYANCING - Traditional sale of land - Under native law and custom - Is valid without conveyance or written contracts. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

CONVEYANCING - Validity - Deed of conveyance Exh. D2 - That was made at a time Vendors’ title was extinguished by operation of Limitation Law - Is void as it conveyed nothing. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

CONVEYANCING - Validity - Licence - Is revocable by the licensor at any time - Failure to give notice - Would not affect the validity of a proper grant to a 3rd party. KARI V. GANARAM (1997) 2 KLR (PT 48) 391; (1997) 2 NWLR (PT. 488) 380

 

CONVEYANCING - Validity - Where a vendor has executed a prior valid conveyance - There remains no more right to be transferred to another party. ODUSOGA V. RICKETTS (1997) 7 KLR (PT 53) 1271; (1997) 7 NWLR (PT. 511) 1

 

CORROBORATION - Evidence - Where declared unreliable - There is nothing to be corroborated in it - As to enable it ground appellant’s conviction. OBRI V. THE STATE (1997) 7 KLR (PT 53) 1440; (1997) 7 NWLR (PT. 513) 352

 

COURT PROCESSES- Abuse of court’s process - Notice of discontinuance that is an abuse of process - Can be set aside by the Court. THE VESSEL “ST ROLAND” V. OSINLOYE (1997) 4 KLR (PT 51) 797; (1997) 4 NWLR (PT. 500) 387

 

COURT PROCESSES- Fees - Chieftaincy matters - The fact that the fee enabling one to file action - Is increased in this category of cases - Does not render the fee unconstitutional. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

COURT PROCESSES- Filing of a claim - Where statutory provisions are made for filing of a claim - The procedure laid down ought to be followed in making such a claim. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

COURT PROCESSES- Immunity for persons executing court order - Whether appellants who engaged in illegal recovery of possession - Can be protected. IHENACHO V. UZOCHUKWU (1997) 1 KLR (PT 47) 241; (1997) 2 NWLR (PT. 487) 257

 

COURT PROCESSES - Oppressive use - Inference - That a process is being used oppressively - May be an issue of fact - Or derived from the circumstances of the case. HOUTMANGRACHT V. ODUBA (1997) 5 KLR (PT 51) 1037; (1997) 6 NWLR (PT. 508) 185

 

COURT PROCESSES- Writ of summons - Where served in violation of ss. 97 and 99 of the Sheriffs Act - By entering unconditional appearance and filing pleadings - Defendant has waived his right to object. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

COURTS - Abuse of court’s process - Plaintiff’s action is not an abuse of court’s process. ADESOKAN V. ADEGOROLU (1997) 3 KLR (PT 49) 505; (1997) 3 NWLR (PT. 493) 261

 

COURTS - Abuse of court’s process - Notice of discontinuance that is an abuse of process - Can be set aside by the Court. THE VESSEL “ST ROLAND” V. OSINLOYE (1997) 4 KLR (PT 51) 797; (1997) 4 NWLR (PT. 500) 387

 

COURTS - Appeal if successful - Courts have the duty to ensure it is not rendered nugatory - But the appeal in this case is abnormal. LEKWOT V. JUDICIAL TRIBUNAL (1997) 7 KLR (PT 54) 1904; (1997) 8 NWLR (PT. 515) 22

 

COURTS - Bias - Findings of trial Court - On the credibility of witnesses - Where not tainted with bias - It should be upheld. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

COURTS - Competence of a child to testify - SS. 155(1) & 183(1) of the Evidence Act - Where trial court causes the child to be sworn - On the opinion that the child understands the nature of an oath - Preliminary investigation will not be necessary. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

COURTS - Computation of damages - Agreement between the parties - Where found to be Exhibit 2 - And there was no evidence of agreement to review - It is wrong for court to base computation of damages - On a different exhibit. J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1

 

COURTS - Conclusion of trial court - Where supported by evidence - Appellate court will not disturb it. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

COURTS - Concurrent findings - That appellants failed to prove title to land by non of the methods - Will not be disturbed by the Supreme Court. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

COURTS - Concurrent findings of fact - Supported by sufficient evidence - Will not be disturbed. SANUSI V. ADEBIYI (1997) 12 KLR (PT 55) 1959; (1997) 11 NWLR (PT. 530) 565

 

COURTS - Criticism of a higher court’s decision - By a lower court - Though excusable in law - The lower court is bound to apply the higher court’s decision. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

COURTS - Customary courts - Where there is abundant evidence in support of area court’s findings - The judgment would be upheld - Upon the principle of placing broad interpretation - On customary court’s proceedings. ILEDARE V. AJAGBONNA (1997) 6 KLR (PT 52) 1122; (1997) 6 NWLR (PT. 507) 1

 

COURTS - Decision of Court of Appeal - Where misconceived but not challenged - Remains the settlement of the issue between the parties. KOYA V. UBA LTD (1997) 1 KLR (PT 47) 73; (1997) 1 NWLR (PT. 481) 251

 

COURTS - Delay in proceedings - Before the trial court - Will not per se warrant appellate court’s interference. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

COURTS - Denial of fair hearing - Where a court decides a case on the evidence of one party alone - Ignoring the evidence for the other side - There is a denial of fair hearing. BOMOR V. EKIYOR (1997) 7 KLR (PT 54) 1571; (1997) 9 NWLR (PT. 519) 1

 

COURTS - Disbelieving of a party and his witnesses - Is proper - Where substantiated with reasons. EBOADE V. ATOMESIN (1997) 5 KLR (PT 51) 849; (1997) 5 NWLR (PT. 506) 590

 

COURTS - Discontinuance notice - Where found to be an abuse of process - Court can sustain the notice - But on justiciable terms. THE VESSEL “ST ROLAND” V. OSINLOYE (1997) 4 KLR (PT 51) 797; (1997) 4 NWLR (PT. 500) 387

 

COURTS - Enlargement of time - To file the record of appeal - Court will not entertain questions - That will determine the substantive appeal. IKENNA V. BOSAH (1997) 3 KLR (PT 49) 589; (1997) 3 NWLR (PT. 495) 503

 

COURTS - Error in trial court’s judgment - Not every slip will result in the judgment being upset on appeal. PAN ATLANTIC LTD V. RHEIN MASS GMBH (1997) 3 KLR (PT 49) 577; (1997) 3 NWLR (PT. 493) 248

 

COURTS - Evaluation of evidence - Where correctly done by the trial court - Whether the case was proved beyond reasonable doubt. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

COURTS - Evaluation of evidence - Where trial court fails to evaluate evidence adduced before it in the determination of disputes - Appellate Court will do so. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

COURTS - Evidence - Where trial court fails to evaluate evidence adduced at the trial - Appellate court will over rule the decision of the trial court. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

COURTS - Exhibit - Findings - Of trial judge in respect of an exhibit - Should not be disregarded by that judge - Unto making a wrongful award. J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1

 

COURTS - Extension of time - Cannot be granted by the court - To a party that has not prayed for it. OWENA BANK V. NIGERIAN STOCK EXCH. LTD (1997) 7 KLR (PT 53) 1421; (1997) 8 NWLR (PT. 515) 1

 

COURTS - Extension of time to appeal - Raising of arguable issue of jurisdiction - Will make the court take lenient view of the delay in appealing. UKWU V. BUNGE (1997) 7 KLR (PT 53) 1512; (1997) 8 NWLR (PT. 518) 527

 

COURTS - Extraneous matters - Trial judge was wrong to consider extraneous matters - In arriving to his conclusion. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

 

COURTS - Finding - By trial court - That respondents admitted possession of the disputed land by the appellants - Is perverse. EKENNIA V. NKPAKARA (1997) 5 KLR (PT 51) 869; (1997) 5 NWLR (PT. 504) 152

 

COURTS - Findings - Based on demeanour or credibility of witnesses - And those based on evaluation of evidence - Attitude of Court of Appeal thereto. KAMALU V. UMUNNA (1997) 5 KLR (PT 51) 1001; (1997) 5 NWLR (PT. 505) 321

 

COURTS - Findings of fact - Of a trial judge - Should not easily be disturbed by appeal court - Save where the findings are perverse. UKATTA V. NDINAEZE (1997) 4 KLR (PT 50) 708; (1997) 4 NWLR (PT. 499) 251

 

COURTS - Findings of fact - Where not supported by the evidence - The findings are perverse. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

COURTS - Findings of trial area court - Appellate high court’s interference therewith - Is erroneous. HAAV V. KUNDU (1997) 5 KLR (PT 52) 1079; (1997) 5 NWLR (PT. 505) 313

 

COURTS - Findings of trial court on facts - Should not be interfered with - Unless in certain circumstances. HAAV V. KUNDU (1997) 5 KLR (PT 52) 1079; (1997) 5 NWLR (PT. 505) 313

 

COURTS - Findings of trial court - That is not based on the pleadings - Will be discountenanced. OVIAWE V. INTEGRATED RUBBER PRODUCTS LTD (1997) 3 KLR (PT 49) 469; (1997) 3 NWLR (PT. 492) 126

 

COURTS - Fresh case - Where the local area court is presumed to know the applicable law - Formulation of a fresh case by the appellate high court - Is wrong. HAAV V. KUNDU (1997) 5 KLR (PT 52) 1079; (1997) 5 NWLR (PT. 505) 313

 

COURTS - Inference - That a process is being used oppressively - May be an issue of fact - Or derived from the circumstances of the case. HOUTMANGRACHT V. ODUBA (1997) 5 KLR (PT 51) 1037; (1997) 6 NWLR (PT. 508) 185

 

COURTS - Interference - Findings of fact - should not easily be interfered with by appellate Court - Save there is an obvious error. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

COURTS - Interference - Since the Appellants failed to prove that 1st Appellant was selected in accordance with the prevailing native law - The court below was right to interfere with the finding of fact of trial court. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

COURTS - Issue - That was erroneously not determined by the Court of Appeal - Will be considered by the Supreme Court - Since it is based on point of law only. OGIGIE V. OBIYAN (1997) 10 KLR (PT 55) 1915; (1997) 10 NWLR (PT. 524) 179

 

COURTS - Issue - Identity of the land in dispute - Whether raised as an issue - By the parties - As found by the trial court SALAMI V. GBODOOLU (1997) 4 KLR (PT 50) 689; (1997) 4 NWLR (PT. 499) 277

 

COURTS - Issues - Where the trial court adverted its attention to all properly raised issues - Its decision cannot be upset. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

COURTS - Issues for determination - Appeal Court not to raise issues suo motu - Where raised - Parties should be heard. LADEPO V. AJANI (1997) 7 KLR (PT 54) 1709; (1997) 8 NWLR (PT. 517) 356

 

COURTS - Issues for determination - Issues Not raised nor argued by parties - Decision of courts cannot be founded on them. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

COURTS - Judgments - Exhibits - Trial court’s reason for rejecting Exhibit O - Is erroneous - Though the error is immaterial - As no injustice was occasioned. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

COURTS - Judgments - Statutory period of 3 months - Within which to deliver judgment - Was complied with by the trial court - In spite of contention that it was delivered 91 days after final address. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

COURTS - Judicial division - That was newly created without posting any judge - Trial of the matter within another judicial division of the same state high court - Is not a nullity. OGIGIE V. OBIYAN (1997) 10 KLR (PT 55) 1915; (1997) 10 NWLR (PT. 524) 179

 

COURTS - Jurisdiction - Challenge - Where there is challenge to the court’s jurisdiction - Need to settle the issue - Before hearing of the suit. UKWU V. BUNGE (1997) 7 KLR (PT 53) 1512; (1997) 8 NWLR (PT. 518) 527

 

COURTS - Jurisdiction of a high court judge - There being only one state high court for Rivers State - Whether a judge lacks jurisdiction - To continue hearing of same case in another judicial division. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

COURTS - Non compliance or defect - That goes to the jurisdiction of the Court is a fatal nullity - But if it is a mere irregularity - The court may ex debito justitiae set it aside. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

COURTS - Orders of court - Must be confined to the terms of the application - As court must maintain a balance - And not make a case for either party. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

COURTS - Pleadings - Fact that was pleaded - Whether Court can suo motu - Raise implication of that fact - Not raised by the parties. EJINDU V. OBI (1997) 1 KLR (PT 47) 113; (1997) 1 NWLR (PT. 484) 505

 

COURTS - Pleadings - Failure to plead a particular defence - Court must confine itself to pleaded issues - Save where there is need to raise a fundamental issue suo motu. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

COURTS - Pleadings -Relief that was not pleaded - Should not be granted to a party - Since the court is not a charitable institution. EDEBIRI V. EDEBIRI (1997) 4 KLR (PT 50) 672; (1997) 4 NWLR (PT. 498) 165

 

COURTS - Preliminary investigation - Where not carried out before taking a child’s evidence under oath - And no error was occasioned thereby - Concurrent findings of guilt will not be interfered with. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

COURTS - Specific claim - Setoff claim by the defendant - For a specific period - Court is without jurisdiction to award what is not claimed. UDOM V. . MICHELETTI & SONS LTD (1997) 7 KLR (PT 54) 1690; (1997) 8 NWLR (PT. 516) 187

 

COURTS - Suo motu issue raised by judge - Purpose of pleadings - Is not to take the other party by surprise - Whether trial judge properly raised an issue - That was not pleaded. OVIAWE V. INTEGRATED RUBBER PRODUCTS LTD (1997) 3 KLR (PT 49) 469; (1997) 3 NWLR (PT. 492) 126

 

COURTS - Technicalities - Courts would no more allow them make an ass of it and dent the image of justice - Appellant that has taking some steps - Cannot later complain of defect in the service of the writ. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

COURTS - Transfer of a case - By one high court judge to another judge - Whether erroneous use of the word “referred” - Can make the transfer invalid. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

COURTS - Witnesses - It is trial court’s duty to asses witnesses - And form impression about their truthfulness. DAKAT V. DASHE (1997) 12 KLR (PT 55) 2053; (1997) 12 NWLR (PT. 531) 46

 

COURTS - Witnesses - Misconstruing the evidence of a prosecution witness - Trial judge misconstrued the evidence of PW5. BRAIDE V. THE STATE (1997) 5 KLR (PT 51) 1059; (1997) 5 NWLR (PT. 504) 141

 

COURTS - Wrongful declaration - Land tenure custom of the parties - Was wrongfully declared repugnant - By the trial judge suo motu. UKATTA V. NDINAEZE (1997) 4 KLR (PT 50) 708; (1997) 4 NWLR (PT. 499) 251

 

CRIMINAL LAW - Conviction - Evidence - Where declared unreliable - There is nothing to be corroborated in it - As to enable it ground appellant’s conviction. OBRI V. THE STATE (1997) 7 KLR (PT 53) 1440; (1997) 7 NWLR (PT. 513) 352

 

CRIMINAL LAW - Ingredients of the offence - Burden of proof - In criminal matters - Is on the prosecution - To prove all the essential ingredients of the offence. ALOR V. THE STATE (1997) 4 KLR (PT 51) 790; (1997) 4 NWLR (PT. 501) 511

 

CRIMINAL LAW - Insanity - Competence of a witness - Where the issue of one’s insanity is under consideration - He cannot be a competent witness. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

 

CRIMINAL LAW - Insanity - Murder - Lack of motive - Whether on the balance of probabilities - Appellant discharged the onus of proving insanity. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

 

CRIMINAL LAW - Insanity - Where the pieces of evidence do not amount to a rebuttal of the presumption of sanity - Defence of insanity was rightly rejected. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

CRIMINAL LAW - Insanity - Where the defence was not raised by the appellant - The issue cannot now be raised on appeal. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

CRIMINAL LAW - Insanity - Whether there was sufficient evidence - To prove that appellant was insane - At time of the alleged offence. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

 

CRIMINAL LAW - Self defence - Force used by the appellant in self defence - Whether appellant believed on reasonable grounds - That use of that force was the only way to remain alive. BRAIDE V. THE STATE (1997) 5 KLR (PT 51) 1059; (1997) 5 NWLR (PT. 504) 141

 

CRIMINAL LAW - Self defence - Murder - Where the deceased was the aggressor - Who used dangerous weapon in fighting the appellant - Appellant’s act of stabbing the deceased - Is in self defence. BRAIDE V. THE STATE (1997) 5 KLR (PT 51) 1059; (1997) 5 NWLR (PT. 504) 141

 

CRIMINAL LAW - Self defence and provocation - Were adequately considered by the lower courts - In rightly holding that the defences do not avail the accused. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

CRIMINAL PROCEDURE - Accident - Whether the defence avails the appellant - Unto acquittal in a murder charge. IBEH V. THE STATE (1997) 1 KLR (PT 47) 134; (1997) 1 NWLR (PT. 484) 632

 

CRIMINAL PROCEDURE - Acquittal - Proof beyond reasonable doubt - Where the prosecution fails to discharge this burden - Accused is entitled to an acquittal. THE STATE V. DANJUMA (1997) 5 KLR (PT 51) 968; (1997) 5 NWLR (PT. 506) 512

 

CRIMINAL PROCEDURE - Alibi - Where raised by the accused - Onus of proof is on him. PETER V. THE STATE (1997) 3 KLR (PT 49) 487; (1997) 3 NWLR (PT. 496) 625

 

CRIMINAL PROCEDURE - Charge - S. 33(6) of the Constitution - Requirement that accused be informed of the charge in a language he understands - Was complied with. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

CRIMINAL PROCEDURE - Circumstantial evidence - Though there be no direct evidence against appellant - Some aspects of the evidence - Sufficiently justified the finding of guilt. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

CRIMINAL PROCEDURE - Competence of a child to testify - SS. 155(1) & 183(1) of the Evidence Act - Where trial court causes the child to be sworn - On the opinion that the child understands the nature of an oath - Preliminary investigation will not be necessary. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

CRIMINAL PROCEDURE - Confessional statement - Admissibility - It does not become inadmissible - Merely because the accused denies having made it. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

CRIMINAL PROCEDURE - Confessional statement - That is positive and direct - That is not made as a result of any threat or inducement - Is relevant and admissible. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

CRIMINAL PROCEDURE - Contradictions - In the evidence for the prosecution - Whether properly resolved by the trial court. PETER V. THE STATE (1997) 3 KLR (PT 49) 487; (1997) 3 NWLR (PT. 496) 625

 

CRIMINAL PROCEDURE - Conviction - Will only be based on proof beyond reasonable doubt - Not on suspicion. ALOR V. THE STATE (1997) 4 KLR (PT 51) 790; (1997) 4 NWLR (PT. 501) 511

 

CRIMINAL PROCEDURE - Conviction - Wrongful assessment of

evidence - Whether in the face of it - Concurrent conviction of

appellant can stand. IBEH V. THE STATE (1997) 1 KLR (PT 47) 134; (1997) 1 NWLR (PT. 484) 632

 

CRIMINAL PROCEDURE - Conviction for a lesser offence - Where

accused was charged with culpable homicide punishable with death

- Whether the lower court properly convicted for a lesser

offence. THE STATE V. DANJUMA (1997) 5 KLR (PT 51) 968; (1997) 5 NWLR (PT. 506) 512

 

CRIMINAL PROCEDURE - Evaluation of evidence - Where correctly done by the trial court - Whether the case was proved beyond reasonable doubt. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

CRIMINAL PROCEDURE - Evidence - Accused person’s failure to give evidence - Whether Court of Appeal’s inference therefrom - Violated appellant’s right under s. 33(11) of the 1979 constitution. GARBA V. THE STATE (1997) 3 KLR (PT 49) 529; (1997) 3 NWLR (PT. 492) 144

 

CRIMINAL PROCEDURE - Evidence - Of a prosecution witness - Where expunged from the record - Whether conviction of appellant can still be sustained. ALOR V. THE STATE (1997) 4 KLR (PT 51) 790; (1997) 4 NWLR (PT. 501) 511

 

CRIMINAL PROCEDURE - Evidence of the accused - The inconsistency rule - Cannot be extended to the evidence and extra judicial statement of an accused. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

CRIMINAL PROCEDURE - Insanity - Presumption of sanity - Though prosecution made no attempt to contradict the evidence of insanity adduced - Appellant succeeded in displacing the presumption of sanity. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

EZEMUOKWE

CRIMINAL PROCEDURE - Interpreter - Absence of an interpreter - May not be determined from the face of the record of proceedings. MADU V. THE STATE (1997) 1 KLR (PT 47) 26; (1997) 1 NWLR (PT. 482) 386

 

CRIMINAL PROCEDURE - Interpreter - Denial of right to an interpreter - If proved by credible evidence - May be tantamount to denial of fair trial. MADU V. THE STATE (1997) 1 KLR (PT 47) 26; (1997) 1 NWLR (PT. 482) 386

 

CRIMINAL PROCEDURE - Interpreter - Once the court records the swearing of an interpreter - Failure to show the interpreter’s presence on subsequent dates - Is not fatal. MADU V. THE STATE (1997) 1 KLR (PT 47) 26; (1997) 1 NWLR (PT. 482) 386

 

CRIMINAL PROCEDURE - Language used at the trial - Where not understood by accused - It is his duty to notify the court. MADU V. THE STATE (1997) 1 KLR (PT 47) 26; (1997) 1 NWLR (PT. 482) 386

 

CRIMINAL PROCEDURE - Murder - Insanity - Lack of motive - Whether on the balance of probabilities - Appellant discharged the onus of proving insanity. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

 

CRIMINAL PROCEDURE - Plea - Section 215 of the CPL - Where there is nothing on the record - To indicate that appellant did not know the nature of the offence he was called to defend - Whether s. 215 was complied with. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

 

CRIMINAL PROCEDURE - Preliminary investigation - Where not carried out before taking a child’s evidence under oath - And no error was occasioned thereby - Concurrent findings of guilt will not be interfered with. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

CRIMINAL PROCEDURE - Proof - Contradictions in prosecution’s evidence - That raise reasonable doubt - Should not ground conviction. THE STATE V. DANJUMA (1997) 5 KLR (PT 51) 968; (1997) 5 NWLR (PT. 506) 512

 

CRIMINAL PROCEDURE - Proof of prosecution’s case - Whether inferred from the weakness of the defence. PETER V. THE STATE (1997) 3 KLR (PT 49) 487; (1997) 3 NWLR (PT. 496) 625

 

CRIMINAL PROCEDURE - Proof beyond reasonable doubt - Whether attained by the prosecution in this case. PETER V. THE STATE (1997) 3 KLR (PT 49) 487; (1997) 3 NWLR (PT. 496) 625

 

CRIMINAL PROCEDURE - Prosecution witnesses - Assessment of their evidence - Whether it is proper - To divide them into official and nonofficial witnesses. IBEH V. THE STATE (1997) 1 KLR (PT 47) 134; (1997) 1 NWLR (PT. 484) 632

 

CRIMINAL PROCEDURE - Prosecution witnesses - Certainty and unanimity - Must be maintained to in order to eliminate contradictions. IBEH V. THE STATE (1997) 1 KLR (PT 47) 134; (1997) 1 NWLR (PT. 484) 632

 

CRIMINAL PROCEDURE - Provocation and private defence - Where considered and concurrently rejected - Supreme Court will not interfere. GARBA V. THE STATE (1997) 3 KLR (PT 49) 529; (1997) 3 NWLR (PT. 492) 144

 

CRIMINAL PROCEDURE - Record of the proceedings - Whether s. 33(7) of the 1979 Constitution - Was violated. MADU V. THE STATE (1997) 1 KLR (PT 47) 26; (1997) 1 NWLR (PT. 482) 386

 

CRIMINAL PROCEDURE - Robbery - Witnesses - Evidence of PW 1 about robbery in his house - Cannot establish robbery in PW2’s house. ALOR V. THE STATE (1997) 4 KLR (PT 51) 790; (1997) 4 NWLR (PT. 501) 511

 

CRIMINAL PROCEDURE - Statement to the Police Exh. 8 - Where appellant did not give evidence - Trial court may attach greater weight - To the incriminating aspect of the confessional statement. GARBA V. THE STATE (1997) 3 KLR (PT 49) 529; (1997) 3 NWLR (PT. 492) 144

 

CRIMINAL PROCEDURE - Statement to the Police - Contradiction between it and the testimony in Court - Raises a doubt - The benefit of which goes to the accused. IBEH V. THE STATE (1997) 1 KLR (PT 47) 134; (1997) 1 NWLR (PT. 484) 632

 

CRIMINAL PROCEDURE - Statement of the accused - That is extra

judicial - Should be considered as a whole by the court - With liberty to reject any explanation in the statement. GARBA V. THE STATE (1997) 3 KLR (PT 49) 529; (1997) 3 NWLR (PT. 492) 144

 

CRIMINAL PROCEDURE - Witnesses - Contradictions between the sworn

evidence of a witness and his extra judicial statement - The court should regard both versions of evidence as unreliable. OBRI V. THE STATE (1997) 7 KLR (PT 53) 1440; (1997) 7 NWLR (PT. 513) 352

 

CROSS EXAMINATION - Absence of - Where appellant was not cross-examined on two documents he was not a party to - Such document cannot ground the finding of agency. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 193; (1997) 11 NWLR (PT. 529) 467

 

CROSS EXAMINATION - Credibility - Where a witness was cross examined - But an issue of credibility was not put to him - His evidence will remain unshaken. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

CROSS EXAMINATION - Credibility of witnesses - Proper procedure in drawing court’s attention thereto - Is vide cross examination. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

CROSS EXAMINATION - Purpose thereof - Matters in respect of which the witness may be questioned. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

CULPABLE HOMICIDE - Conviction for a lesser offence - Where accused was charged with culpable homicide punishable with death - Whether the lower court properly convicted for a lesser offence. THE STATE V. DANJUMA (1997) 5 KLR (PT 51) 968; (1997) 5 NWLR (PT. 506) 512

 

CUSTOMARY LAW - Evidence - Interlocutory appeal - No evidence to support appellants’ assertion - Concerning a particular chieftaincy custom. GOV. ANAMBRA STATE V. EZEMUOKWE (1997) 3 KLR (PT 49) 561; (1997) 3 NWLR (PT. 494) 374

 

CUSTOMARY LAW - Repugnancy test - Land tenure custom of the parties - Was wrongfully declared repugnant - By the trial judge suo motu. UKATTA V. NDINAEZE (1997) 4 KLR (PT 50) 708; (1997) 4 NWLR (PT. 499) 251

 

CUSTOMARY LAW - Sale of land - Essential requirements of a valid sale of land under customary law. ODUSOGA V. RICKETTS (1997) 7 KLR (PT 53) 1271; (1997) 7 NWLR (PT. 511) 1

 

CUSTOMARY LAW - Traditional sale of land - Under native law and custom - Is valid without conveyance or written contracts. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

CUSTOMARY LAW - Yoruba customary marriage - 1st respondent stood in loco parentis - To the children of her marriage. AKINNUBI V. AKINNUBI (1997) 1 KLR (PT 47) 257; (1997) 2 NWLR (PT. 486) 144

 

DAMAGES - Banking - Cheque drawn by a customer - If there is enough funds in that account - The bank will be liable in damages - Where it failed to honour the cheque. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

DAMAGES - Contracts - Damages for breach of contract - Where the amount was neither pleaded no proved - No damages will be awarded - Though the breach is established. J.E. OSHEVIRE LTD V. TRIPOLI MOTORS (1997) 4 KLR (PT 51) 823; (1997) 5 NWLR (PT. 503) 1

 

DAMAGES - Excessive award - Substantial damages - Where respondent is entitled to substantial damages - For wrongful dishonour of his cheque - Excessive award will be reduced by the Supreme Court. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

DAMAGES - Exemplary damages - Purpose thereof - Is to punish defendant and vindicate the strength of the law - Three categories under which it may be awarded in actions in tort. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

DAMAGES - Exemplary damages - Whether recoverable in an action in contract - As in this case of a bank wrongfully dishonouring a customer’s cheque. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

DAMAGES - Mitigation - Detention of plaintiff’s lorry - Where plaintiff is supposed to mitigate his damages on loss of use - Period of 3 months is enough within which to replace the lorry - He can only recover damages for 3 months and not the 5 years in issue. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

DAMAGES - Mitigation - Plaintiff is expected to take all reasonable steps - Towards mitigating damages accruing from a wrong - He cannot recover any damage that could have been avoided. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

DAMAGES - Remitting case to trial court - For the award of damages - Is unnecessary in this case. J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1

 

DAMAGES - Reversing the awarded damages - Whether circumstances exist - To warrant Supreme Court’s interference. IHENACHO V. UZOCHUKWU (1997) 1 KLR (PT 47) 241; (1997) 2 NWLR (PT. 487) 257

 

DAMAGES - Setting aside of - Detinue - Where the action in detinue cannot be maintained - N10,000.00 damages awarded will be set aside. J.E. OSHEVIRE LTD V. TRIPOLI MOTORS (1997) 4 KLR (PT 51) 823; (1997) 5 NWLR (PT. 503) 1

 

DAMAGES - Special damages - Cross Appeal for special damages - Was wrongfully not considered by the Court of Appeal - Though the cross-appeal is allowed - Cross-appellant can only recover part of the damages. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

DAMAGES - Special damages - Must be proved by credible evidence - Claim for loss of use of a vehicle over a long period time - Onus of proof is not discharged - Where commercial life span of the vehicle may be very short. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

DAMAGES - Special damages - Plaintiff’s failure to prove trespass against defendant - Makes it unnecessary for trial court to consider plaintiff’s evidence on special damages. DAKAT V. DASHE (1997) 12 KLR (PT 55) 2053; (1997) 12 NWLR (PT. 531) 46

 

DAMAGES - Special damages - Where not established - The award will be set aside. EKENNIA V. NKPAKARA (1997) 5 KLR (PT 51) 869; (1997) 5 NWLR (PT. 504) 152

 

DAMAGES - Substantial damages - Banking - Cheques - Wrongful dishonour of a customer’s cheque - Amounts to a breach of contract - Which entitles a trading customer to substantial damages - Though actual damage was neither pleaded nor proved. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

DECLARATIONS - Declaratory judgment - Much discretion is required - And must be granted judiciously having regards to the facts and equity of the case. FASESIN V. OYERINDE (1997) 12 KLR (PT 55) 1987; (1997) 11 NWLR (PT. 530) 552

 

DECLARATIONS - Declaratory reliefs - Where the hard facts are uncontradicted and appellant behaved without equity - Court will be on the side of truth and law in support of the case. FASESIN V. OYERINDE (1997) 12 KLR (PT 55) 1987; (1997) 11 NWLR (PT. 530) 552

 

DOCUMENTS - Admissibility - Documents that go to support relevant averments in the pleadings - Are relevant and admissible. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

DOCUMENTS - Averment in pleading - Where there is no averment connecting Exhibit A with H - Exhibit H has no significance. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

DOCUMENTS - Cross examination - Where appellant was not cross-examined on two documents he was not a party to - Such document cannot ground the finding of agency. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

DOCUMENTS - Exhibit - Admissibility of previous judgment Exh. D - Where the Exhibit was not tendered for purpose of estoppel - It need not be pleaded - If it is sought to be used in proving any other pleaded fact. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

DOCUMENTS - Incorporation by reference principle - Will be applied - Where the document clearly shows - That some other evidence must have been contemplated. IWUOHA V. NIGERIA RAILWAY CORPORATION (1997) 4 KLR (PT 50) 601; (1997) 4 NWLR (PT. 500) 419

 

DOCUMENTS - Land law - Registrable documents - Whether a farm cultivation agreement - Is subject to registration. OLANREWAJU V. OGUNLEYE (1997) 1 KLR (PT 47) 225; (1997) 2 NWLR (PT. 485) 12

 

DOCUMENTS - Pleadings - Documentary evidence - Where the document or fact pertaining thereto was not pleaded - The exhibit will not be acted upon. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

DOCUMENTS - Pleadings - Execution of some documents - Issue of whether done by family head or all sections of the family - Cannot be raised as it was not pleaded. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

DOCUMENTS - Relevant documents - pleaded in paragraphs other than the one that was struck out - Should attract court’s consideration - For a fair determination of the main issues. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

DOCUMENTS - Reliance thereon - Document not tendered as exhibit - Being a plan that was amended - Contained in the case file - Whether the court can make use of it. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

DOCUMENTS - Survey plan - Identity of land in dispute - Plaintiff may rely on survey plan made by PW2 - To prove the identity. IDEHEN V. OSEMWENKHAE (1997) 7 KLR (PT 54) 1584; (1997) 10 NWLR (PT. 525) 358

 

DOCUMENTS - Title documents - Voidable sale of family land - When the sale is declared void - The transaction becomes void - And purchaser’s documents of title will lack legal effect. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

DOCUMENTS - Void document - Partition of family land vide Exh. p4 - Without the consent of the head and principal family members - Is void together with any document emanating therefrom. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

EQUITY - Declaratory judgment - Much discretion is required - And must be granted judiciously having regards to the facts and equity of the case. FASESIN V. OYERINDE (1997) 12 KLR (PT 55) 1987; (1997) 11 NWLR (PT. 530) 552

 

EQUITY - Declaratory reliefs - Where the hard facts are uncontradicted and appellant behaved without equity - Court will be on the side of truth and law in support of the case. FASESIN V. OYERINDE (1997) 12 KLR (PT 55) 1987; (1997) 11 NWLR (PT. 530) 552

 

EQUITY - Estoppel - Can only be raised on appeal - If it was pleaded before trial court. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

EQUITY - Estoppel - Illegality - No estoppel can be allowed - To stop a party from bringing statutory illegality to court’s notice. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

EQUITY - Estoppel - Where respondent made no representation - It cannot be accused of going back on any conduct. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

EQUITY - Estoppel - Whether there is any conduct from the respondent - That has misdirected the appellants unto detriment - To justify the plea of equitable estoppel. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

EQUITY - Laches and acquiescence - And statute of Limitation defences - Cannot avail the respondent - In view of the appellants’ pleading and evidence. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

EQUITY - Lis pendens doctrine - Will only affect a purchaser who buys subject matter during pendency of litigation - The doctrine is not applicable in this case. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

EQUITY - Prior right on land - Party who was fixed with notice of another’s prior right but chose to ignore it - Cannot be availed by equity. FASESIN V. OYERINDE (1997) 12 KLR (PT 55) 1987; (1997) 11 NWLR (PT. 530) 552

 

ESTOPPEL - Adopting a procedure - Appeals - Where a party has adopted a procedure by consent - He will not be heard to say that the procedure was prejudicial to him. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

ESTOPPEL - Equitable estoppel - Whether there is any conduct from the respondent - That has misdirected the appellants unto detriment - To justify the plea of equitable estoppel. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

ESTOPPEL - Issue estoppel - Whether exhibits C and E - Were properly treated as raising issue estoppel - By the court below. KAMALU V. UMUNNA (1997) 5 KLR (PT 51) 1001; (1997) 5 NWLR (PT. 505) 321

 

ESTOPPEL - Illegality - No estoppel can be allowed - To stop a party from bringing statutory illegality to court’s notice. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

 

ESTOPPEL - Pleadings - Can only be raised on appeal - If it was pleaded before trial court. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

ESTOPPEL - Res judicata - Land dispute - Whether the previous judgment by a native court Exhibit 4 - Created an estoppel per rem judicatam. EKENNIA V. NKPAKARA (1997) 5 KLR (PT 51) 869; (1997) 5 NWLR (PT. 504) 152

 

ESTOPPEL - Res judicata - Will not apply to affect a person not a party to an action - Unless he is a privy. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

EVIDENCE - Admission - Identity of the land - Mere admission by defendant that he knows the land - Cannot cure plaintiff’s failure to prove the identity. IDEHEN V. OSEMWENKHAE (1997) 7 KLR (PT 54) 1584; (1997) 10 NWLR (PT. 525) 358

 

EVIDENCE - Admission - Land matter - Whether there are conclusive admissions - Against the trial Court’s findings - That the parties belong to separate families. KAMALU V. UMUNNA (1997) 5 KLR (PT 51) 1001; (1997) 5 NWLR (PT. 505) 321

 

EVIDENCE - Admission - Unchallenged and uncontradicted evidence - Should be admitted. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

EVIDENCE - Affidavits - Conflict on crucial aspect thereof - Cannot be cured by the addresses of counsel. EBOHON V. A-G EDO STATE (1997) 5 KLR (PT 51) 1023; (1997) 5 NWLR (PT. 505) 298

 

EVIDENCE - Affidavits - Conflicts - On the fundamental issue of jurisdiction - Court is to hear evidence on the conflicts. EBOHON V. A-G EDO STATE (1997) 5 KLR (PT 51) 1023; (1997) 5 NWLR (PT. 505) 298

 

EVIDENCE - Assessment of - Conviction - Wrongful assessment of evidence - Whether in the face of it - Concurrent conviction of appellant can stand. IBEH V. THE STATE (1997) 1 KLR (PT 47) 134; (1997) 1 NWLR (PT. 484) 632

 

EVIDENCE - Burden of proof - Boundary - Finding of lower courts thereon - Raises presumption of ownership in plaintiffs’ favour - And the burden shifts to defendants to show how they came to own the land. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

EVIDENCE - Burden of proof - Burden of proving a particular fact\ - Is on the party who asserts. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

EVIDENCE - Burden of proof - In a case for declaration of title - Was discharged by the plaintiffs. NKADO V. OBIANO (1997) 5 KLR (PT 51) 891; (1997) 5 NWLR (PT. 503) 31

 

EVIDENCE - Burden of proof - In civil cases - The onus of proving particular facts is fixed by the pleadings - Onus of adducing further evidence - Is on the person who will fail. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

EVIDENCE - Burden of proof - In criminal matters - Is on the prosecution - To prove all the essential ingredients of the offence. ALOR V. THE STATE (1997) 4 KLR (PT 51) 790; (1997) 4 NWLR (PT. 501) 511

 

EVIDENCE - Burden of proof - Title to land - Plaintiff must succeed on the strength of his own case - Where defendant’s case supports plaintiff’s case - Court cannot ignore it in deciding which side to believe. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

EVIDENCE - Burden of proof - Title to land - Where a party has established title through an agreed original owner - Substantial burden placed on the other party - Can only be discharged by establishing a better possession - To oust that of the original owner. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

EVIDENCE - Burden of proof - Trespass - The onus is on plaintiff to prove exclusive possession of the farm land. DAKAT V. DASHE (1997) 12 KLR (PT 55) 2053; (1997) 12 NWLR (PT. 531) 46

 

EVIDENCE - Chieftaincy custom - Interlocutory appeal - No evidence to support appellants’ assertion - Concerning a particular chieftaincy custom. GOV. ANAMBRA STATE V. EZEMUOKWE (1997) 3 KLR (PT 49) 561; (1997) 3 NWLR (PT. 494) 374

 

EVIDENCE - Circumstantial evidence - That is overwhelming and leads to no other conclusion - Leaves no room for acquittal. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

EVIDENCE - Circumstantial evidence - Though there be no direct evidence against appellant - Some aspects of the evidence - Sufficiently justified the finding of guilt. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

EVIDENCE - Competence of a witness - Insanity - Where the issue of one’s insanity is under consideration - He cannot be a competent witness. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

 

EVIDENCE - Competence - Of a child to testify, ss. 155(1) & 183(1) of the Evidence Act - Where trial court causes the child to be sworn - On the opinion that the child understands the nature of an oath - Preliminary investigation will not be necessary. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

EVIDENCE - Conclusiveness - Title - Traditional evidence - Whether respondents evidence of tradition - Was rightly accepted as conclusive. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

EVIDENCE - Confessional statement - Admissibility - It does not become inadmissible - Merely because the accused denies having made it. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

EVIDENCE - Confessional statement - That is positive and direct - That is not made as a result of any threat or inducement - Is relevant and admissible. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

EVIDENCE - Conflicting traditional history - Where the traditional history of one of the parties is ex facie discredited - The principle in Kojo II v. Bonsie need not be applied. SANUSI V. ADEBIYI (1997) 12 KLR (PT 55) 1959; (1997) 11 NWLR (PT. 530) 565

 

EVIDENCE - Contradiction - Where no doubt or contradiction was created - Nothing will be resolved in the appellant’s favour. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

EVIDENCE - Contradiction - Identity of land - Ascribing different names to same land - May not be fatal - But contradictory evidence by plaintiffs’ witnesses on the location - Will defeat the claim. SALAMI V. GBODOOLU (1997) 4 KLR (PT 50) 689; (1997) 4 NWLR (PT. 499) 277

 

EVIDENCE - Contradictions - In the evidence for the prosecution - Whether properly resolved by the trial court. PETER V. THE STATE (1997) 3 KLR (PT 49) 487; (1997) 3 NWLR (PT. 496) 625

 

EVIDENCE - Contradictions - Prosecution evidence - Believed by the trial Judge - Whether full of material contradictions. IBEH V. THE STATE (1997) 1 KLR (PT 47) 134; (1997) 1 NWLR (PT. 484) 632

 

EVIDENCE - Contradictions - In evidence of the prosecution - Whether material. THE STATE V. DANJUMA (1997) 5 KLR (PT 51) 968; (1997) 5 NWLR (PT. 506) 512

 

EVIDENCE - Corroboration - Where declared unreliable - There is nothing to be corroborated in it - As to enable it ground appellant’s conviction. OBRI V. THE STATE (1997) 7 KLR (PT 53) 1440; (1997) 7 NWLR (PT. 513) 352

 

EVIDENCE - Credibility of witnesses - Proper procedure in drawing court’s attention thereto - Is vide cross examination. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

EVIDENCE - Criminal procedure - Proof beyond reasonable doubt - Whether attained by the prosecution in this case. PETER V. THE STATE (1997) 3 KLR (PT 49) 487; (1997) 3 NWLR (PT. 496) 625

 

EVIDENCE - Cross examination - Purpose thereof - Matters in respect of which the witness may be questioned. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

EVIDENCE - Cross-examination - Where appellant was not cross-examined on two documents he was not a party to - Such document cannot ground the finding of agency. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

EVIDENCE - Cross examination - Where a witness was cross examined - But an issue of credibility was not put to him - His evidence will remain unshaken. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

EVIDENCE - Document - Where there is no averment connecting Exhibit A with H - Exhibit H has no significance. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

EVIDENCE - Document - Not tendered as exhibit - Being a plan that was amended - Contained in the case file - Whether the court can make use of it. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

EVIDENCE - Documents - Incorporation by reference principle - Will be applied - Where the document clearly shows - That some other evidence must have been contemplated. IWUOHA V. NIGERIA RAILWAY CORPORATION (1997) 4 KLR (PT 50) 601; (1997) 4 NWLR (PT. 500) 419

 

EVIDENCE - Evaluation - Identity of land in dispute - Evaluation of evidence thereto - Must be thorough. IDEHEN V. OSEMWENKHAE (1997) 7 KLR (PT 54) 1584; (1997) 10 NWLR (PT. 525) 358

 

EVIDENCE - Evaluation - Where trial court fails to evaluate evidence adduced at the trial - Appellate court will over rule the decision of the trial court. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

EVIDENCE - Evaluation of evidence - Where correctly done by the trial court - Whether the case was proved beyond reasonable doubt. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

EVIDENCE - Evaluation of evidence - Where trial court fails to evaluate evidence adduced before it in the determination of disputes - Appellate Court will do so. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

EVIDENCE - Exhibit - Admissibility of previous judgment Exh. D - Where the Exhibit was not tendered for purpose of estoppel - It need not be pleaded - If it is sought to be used in proving any other pleaded fact. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

EVIDENCE - Exhibit - Findings - Of trial judge in respect of an exhibit - Should not be disregarded by that judge - Unto making a wrongful award. J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1

 

EVIDENCE - Exhibit - That was properly admitted - It is not open to appellants to impeach the exhibit. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

EVIDENCE - Expunged evidence - Evidence of a prosecution witness - Where expunged from the record - Whether conviction of appellant can still be sustained. ALOR V. THE STATE (1997) 4 KLR (PT 51) 790; (1997) 4 NWLR (PT. 501) 511

 

EVIDENCE - Failure to give evidence - By the accused person - Whether Court of Appeal’s inference therefrom - Violated appellant’s right under s. 33(11) of the 1979 constitution. GARBA V. THE STATE (1997) 3 KLR (PT 49) 529; (1997) 3 NWLR (PT. 492) 144

EVIDENCE - Statement to the Police Exh. 8 - Where appellant did not give evidence - Trial court may attach greater weight - To the incriminating aspect of the confessional statement. GARBA V. THE STATE (1997) 3 KLR (PT 49) 529; (1997) 3 NWLR (PT. 492) 144

 

EVIDENCE - Findings - Based on demeanour or credibility of witnesses - And those based on evaluation of evidence - Attitude of Court of Appeal thereto. KAMALU V. UMUNNA (1997) 5 KLR (PT 51) 1001; (1997) 5 NWLR (PT. 505) 321

 

EVIDENCE - Findings of fact - Where not supported by the evidence - The findings are perverse. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

EVIDENCE - Hearsay - Company being a juristic person - Can give evidence of a transaction vide its servant - That did not take part in the transaction - And the evidence will not be hearsay. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

EVIDENCE - Inconsistency rule - Evidence of the accused - The inconsistency rule - Cannot be extended to the evidence and extra judicial statement of an accused. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

EVIDENCE - Insanity - Competence of a witness - Where the issue of one’s insanity is under consideration - He cannot be a competent witness. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

 

EVIDENCE - Insanity - Presumption of sanity - Though prosecution made no attempt to contradict the evidence of insanity adduced - Appellant succeeded in displacing the presumption of sanity. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

 

EVIDENCE - Interference - Evaluation of evidence by trial Court - Findings not borne out of the Evidence - Court of Appeal’s intervention is proper. KAMALU V. UMUNNA (1997) 5 KLR (PT 51) 1001; (1997) 5 NWLR (PT. 505) 321

 

EVIDENCE - Islamic law - Pious and trustworthy evidence - Was rightly relied upon - By trial court - In entering judgment for the respondent USMAN V. KUSFA (1997) 1 KLR (PT 47) 179; (1997) 1 NWLR (PT. 483) 525

 

EVIDENCE - Issue - Where defendants have not joined issue with plaintiffs - Minimum evidence on that issue would suffice. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

EVIDENCE - Issue estoppel - Whether exhibits C and E - Were properly treated as raising issue estoppel - By the court below. KAMALU V. UMUNNA (1997) 5 KLR (PT 51) 1001; (1997) 5 NWLR (PT. 505) 321

 

EVIDENCE - Land law - Presumption under S. 146 of the Evidence Act - As to person in possession being presumed owner - Cannot arise where plaintiff proved his title to the land in dispute. ILEDARE V. AJAGBONNA (1997) 6 KLR (PT 52) 1122; (1997) 6 NWLR (PT. 507) 1

 

EVIDENCE - Land law - Traditional evidence - Conflict therein - Cannot be resolved by trial judge believing the evidence of one party or the other. ADEYERI V. OKOBI (1997) 6 KLR (PT 52) 1188; (1997) 6 NWLR (PT. 510) 534

 

EVIDENCE - Locus in quo - Necessity of - Where the identity of the land in dispute is not in controversy - Visit to locus is not necessary. EBOADE V. ATOMESIN (1997) 5 KLR (PT 51) 849; (1997) 5 NWLR (PT. 506) 590

 

EVIDENCE - Onus of proof - Declaration of title - Plaintiff is to establish the title he is claiming - He cannot rely on the weakness of defendant’s case. IDEHEN V. OSEMWENKHAE (1997) 7 KLR (PT 54) 1584; (1997) 10 NWLR (PT. 525) 358

 

EVIDENCE - Onus of proof - Marine Insurance Policy - Onus of proving that the vessel sailed from the stipulated port - Rests upon the party making a claim. EDOKPOLOR & CO. LTD V. BENDEL INSUR. CO. LTD (1997) 1 KLR (PT 47) 214; (1997) 2 NWLR (PT. 486) 131

 

EVIDENCE - Particulars - Where a party refuses to give particulars of evidence - Which he proposes to call at the trial - Trial court cannot force him. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

EVIDENCE - Pleadings - Evidence that is at variance with the averments in the pleadings - Goes to no issue and should be disregarded by the court. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

EVIDENCE - Pleadings - Evidence on an issue that was not pleaded - Goes to no issue. ADEYERI V. OKOBI (1997) 6 KLR (PT 52) 1188; (1997) 6 NWLR (PT. 510) 534

EVIDENCE - Pleadings - Evidence that is at variance with the pleadings - Must be disregarded - As it goes to no issue. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

EVIDENCE - Pleadings - Evidence that is inconsistent with pleadings - Though already admitted inadvertently - Will be disregarded. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

EVIDENCE - Pleadings - Documentary evidence - Where the document or fact pertaining thereto was not pleaded - The exhibit will not be acted upon. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

EVIDENCE - Pleadings - Failure to plead a fact - Evidence in support of plaintiff’s claim - Where not pleaded - Goes to no issue. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

EVIDENCE - Presumption of ownership under s. 146 Evidence Act - Whether it arose in this case - As to shift onus of proof away from the appellant. EKENNIA V. NKPAKARA (1997) 5 KLR (PT 51) 869; (1997) 5 NWLR (PT. 504) 152

 

EVIDENCE - Proof beyond reasonable doubt - Conviction - will only be based on proof beyond reasonable doubt - Not on suspicion. ALOR V. THE STATE (1997) 4 KLR (PT 51) 790; (1997) 4 NWLR (PT. 501) 511

 

EVIDENCE - Proof beyond reasonable doubt - Where the prosecution fails to discharge this burden - Accused is entitled to an acquittal. THE STATE V. DANJUMA (1997) 5 KLR (PT 51) 968; (1997) 5 NWLR (PT. 506) 512

 

EVIDENCE - Proof - Averments - Where not proved by evidence - Are useless - And may be deemed abandoned. IDESOH V. ORDIA (1997) 2 KLR (PT 48) 459; (1997) 3 NWLR (PT. 491) 17

 

EVIDENCE - Proof - Communal claim to land - Onus lies on each side - To prove their assertion concerning the land in dispute. UKATTA V. NDINAEZE (1997) 4 KLR (PT 50) 708; (1997) 4 NWLR (PT. 499) 251

 

EVIDENCE - Proof - Criminal procedure - Contradictions in prosecution’s evidence - That raise reasonable doubt - Should not ground conviction. THE STATE V. DANJUMA (1997) 5 KLR (PT 51) 968; (1997) 5 NWLR (PT. 506) 512

 

EVIDENCE - Proof - Identity of land in dispute - Plaintiff may rely on survey plan made by PW2 - To prove the identity. IDEHEN V. OSEMWENKHAE (1997) 7 KLR (PT 54) 1584; (1997) 10 NWLR (PT. 525) 358

 

EVIDENCE - Proof - Insanity - Murder - Lack of motive - Whether on the balance of probabilities - Appellant discharged the onus of proving insanity. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

 

EVIDENCE - Proof - Insanity - Whether there was sufficient evidence - To prove that appellant was insane - At time of the alleged offence. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

 

EVIDENCE - Proof - Marine Insurance Policy - Alteration of port of departure - Burden of proof is on the respondent - Who can rely on the appellant’s evidence to that effect. EDOKPOLOR & CO. LTD V. BENDEL INSUR. CO. LTD (1997) 1 KLR (PT 47) 214; (1997) 2 NWLR (PT. 486) 131

 

EVIDENCE - Proof - Ownership of land - Assertion of exclusive ownership by an individual - As against the community’s claim to communal ownership - Onus of proof is on that individual. EKENNIA V. NKPAKARA (1997) 5 KLR (PT 51) 869; (1997) 5 NWLR (PT. 504) 152

 

EVIDENCE - Proof - Possession - Previous proceedings Exhibit “D” - Was rightly treated by the lower courts - As evidence of acts of possession. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

 

EVIDENCE - Proof - Since the Appellants failed to prove that 1st Appellant was selected in accordance with the prevailing native law - The court below was right to interfere with the finding of fact of trial court. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

EVIDENCE - Proof - Special damages - Must be proved by credible evidence - Claim for loss of use of a vehicle over a long period time - Onus of proof is not discharged - Where commercial life span of the vehicle may be very short. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

EVIDENCE - Proof - Title - Burden on appellants - Cannot be discharged - By alleging that their ancestors’ graves and shrines were on the land - Without proving the averment by evidence. IDESOH V. ORDIA (1997) 2 KLR (PT 48) 459; (1997) 3 NWLR (PT. 491) 17

 

EVIDENCE - Proof - Title - Failure to prove title and possession - Appellants will not be entitled to damages for trespass or injunction. IDESOH V. ORDIA (1997) 2 KLR (PT 48) 459; (1997) 3 NWLR (PT. 491) 17

EVIDENCE - Proof - Title - Once radical title has been proved - Acts of possession and ownership need not be considered. EBOADE V. ATOMESIN (1997) 5 KLR (PT 51) 849; (1997) 5 NWLR (PT. 506) 590

 

EVIDENCE - Proof - Title - Reliance on two methods in seeking to prove title - Failure to prove any of the methods - Will lead to dismissal of the claim. ADEYERI V. OKOBI (1997) 6 KLR (PT 52) 1188; (1997) 6 NWLR (PT. 510) 534

 

EVIDENCE - Proof - Title to land - Concurrent findings that appellants failed to prove title by non of the methods - Will not be disturbed by the Supreme Court. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

EVIDENCE - Proof - Title to land - Five ways of proving title - Declaration can be founded upon proof of one of the ways. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

EVIDENCE - Proof - Title to land - Reliance on Native Court Suit - Failed to establish appellants’ claim of ownership. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

EVIDENCE - Proof of plaintiff’s title - Cannot be attained by virtue of a mistake - Nor even by an admission in defendants’ pleadings - Since plaintiff must rely on the strength of his case. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

EVIDENCE - Proof of title - Sufficiency - Failure to plead root of title - Is fatal - As production of title documents per se - Is not sufficient proof of title. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

EVIDENCE - Proof of prosecution’s case - Whether inferred from the weakness of the defence. PETER V. THE STATE (1997) 3 KLR (PT 49) 487; (1997) 3 NWLR (PT. 496) 625

 

EVIDENCE - Rebuttal - Insanity - Where the pieces of evidence do not amount to a rebuttal of the presumption of sanity - Defence of insanity was rightly rejected. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

EVIDENCE - Rebuttal - Where Plaintiff adduces evidence which establishes his case and the defendant fails to rebut it - The plaintiff will be entitled to judgment. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

EVIDENCE - Rejection of evidence - Will only be a ground for reversing a decision - If it occasioned a miscarriage of justice. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

EVIDENCE - Relevant facts - Documents that go to support relevant averments in the pleadings - Are relevant and admissible. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

EVIDENCE - Retrial - Improper consideration of evidence by trial court - And where plaintiffs’ case has not failed in toto - Retrial will be ordered. OKONKWO V. UDOH (1997) 7 KLR (PT 54) 1722; (1997) 9 NWLR (PT. 519) 16

 

EVIDENCE - Root of title - Where plaintiff proved his root of title - And appellant was not shown to be in possession - S. 146 of the Evidence Act will not be applied in appellant’s favour. ILEDARE V. AJAGBONNA (1997) 6 KLR (PT 52) 1122; (1997) 6 NWLR (PT. 507) 1

 

EVIDENCE - Sections 46&146 Evidence Act - Finding that all the land in boundary to the one in dispute - Belong to the respondents - SS. 46 & 146 Evidence Act were rightly applied. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

EVIDENCE - Statement of the accused - That is extra judicial - Should be considered as a whole by the court - With liberty to reject any explanation in the statement. GARBA V. THE STATE (1997) 3 KLR (PT 49) 529; (1997) 3 NWLR (PT. 492) 144

 

EVIDENCE - Statement to the Police - Contradiction between it and the testimony in Court - Raises a doubt - The benefit of which goes to the accused. IBEH V. THE STATE (1997) 1 KLR (PT 47) 134; (1997) 1 NWLR (PT. 484) 632

 

EVIDENCE - Title - Burden of proof - Both lower court’s having erroneously placed burden of proof on the defendants - Their concurrent findings will be set aside as being perverse. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

EVIDENCE - Title - Ownership of connected land s. 46 Evidence Act - Was rightly relied upon by the lower courts - In finding for the respondents. NKADO V. OBIANO (1997) 5 KLR (PT 51) 891; (1997) 5 NWLR (PT. 503) 31

 

EVIDENCE - Traditional histories - Conflict therein - Court is to test the two stories by reference to acts in recent times. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

EVIDENCE - Traditional evidence - Rejection of plaintiffs’ traditional evidence by the lower courts - Are perverse concurrent findings. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

EVIDENCE - Unchallenged evidence - Should be accepted by the court - As proof of the fact or issue in question. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

EVIDENCE - Unchallenged evidence - Where appellants’ evidence was not challenged - Judgment should have been entered for him. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

EVIDENCE - Witnesses - Contradictions between the sworn evidence of a witness and his extra judicial statement - The court should regard both versions of evidence as unreliable. OBRI V. THE STATE (1997) 7 KLR (PT 53) 1440; (1997) 7 NWLR (PT. 513) 352

 

EVIDENCE - Witnesses - Disbelieving of a party and his witnesses - Is proper - Where substantiated with reasons. EBOADE V. ATOMESIN (1997) 5 KLR (PT 51) 849; (1997) 5 NWLR (PT. 506) 590

 

EVIDENCE - Witnesses - Evidence of PW 1 about robbery in his house - Cannot establish robbery in PW2’s house. ALOR V. THE STATE (1997) 4 KLR (PT 51) 790; (1997) 4 NWLR (PT. 501) 511

 

EVIDENCE - Witnesses - It is trial court’s duty to asses witnesses - And form impression about their truthfulness. DAKAT V. DASHE (1997) 12 KLR (PT 55) 2053; (1997) 12 NWLR (PT. 531) 46

 

EVIDENCE - Witnesses - Misconstruing the evidence of a prosecution witness - Trial judge misconstrued the evidence of PW5. BRAIDE V. THE STATE (1997) 5 KLR (PT 51) 1059; (1997) 5 NWLR (PT. 504) 141

 

EVIDENCE - Witnesses for prosecution - Assessment of their evidence - Whether it is proper - To divide them into official and nonofficial witnesses. IBEH V. THE STATE (1997) 1 KLR (PT 47) 134; (1997) 1 NWLR (PT. 484) 632

 

EVIDENCE - Witnesses for prosecution - Certainty and unanimity - Must be maintained to in order to eliminate contradictions. IBEH V. THE STATE (1997) 1 KLR (PT 47) 134; (1997) 1 NWLR (PT. 484) 632

 

EVIDENCE - Wrongful rejection of Exhibit - Trial court’s reason for rejecting Exhibit O - Is erroneous - Though the error is immaterial - As no injustice was occasioned. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

FAIR HEARING - Chieftaincy matters - Withdrawal of the chief’s recognition - Whether implemented without fair hearing. GOVERNOR IMO STATE V. NWAUWA (1997) 2 KLR (PT 48) 327; (1997) 2 NWLR (PT. 490) 675

 

FAIR HEARING - Denial of - Survey plan - That was not tendered as exhibit - Referred to by the lower court - Fair hearing was not denied thereby. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

FAIR HEARING - Denial - Where a court decides a case on the evidence of one party alone - Ignoring the evidence for the other side - There is a denial of fair hearing. BOMOR V. EKIYOR (1997) 7 KLR (PT 54) 1571; (1997) 9 NWLR (PT. 519) 1

 

INJUNCTIONS - Trespass and injunction claims - Can only be maintained by person in possession - Act sufficient to ground possession - Is a question of fact. LADEPO V. AJANI (1997) 7 KLR (PT 54) 1709; (1997) 8 NWLR (PT. 517) 356

 

INJUNCTIONS - Trespass & injunction - Documents of both parties - Where found to be defective - The appellant that has been in exclusive possession - Is entitled to judgment in trespass and injunction. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

INSURANCE - Claim as per contract of Insurance - Whether proved by the appellant. EDOKPOLOR & CO. LTD V. BENDEL INSUR. CO. LTD (1997) 1 KLR (PT 47) 214; (1997) 2 NWLR (PT. 486) 131

 

INSURANCE - Marine Insurance Policy - Alteration of port of departure - Burden of proof is on the respondent - Who can rely on the appellant’s evidence to that effect. EDOKPOLOR & CO. LTD V. BENDEL INSUR. CO. LTD (1997) 1 KLR (PT 47) 214; (1997) 2 NWLR (PT. 486) 131

 

INSURANCE - Marine Insurance Policy - Stipulated port of loading - Where the vessel sailed from a different port - Whether appellant can recover the sum insured. EDOKPOLOR & CO. LTD V. BENDEL INSUR. CO. LTD (1997) 1 KLR (PT 47) 214; (1997) 2 NWLR (PT. 486) 131

 

INSURANCE - Onus of proof - Marine Insurance Policy - Onus of proving that the vessel sailed from the stipulated port - Rests upon the party making a claim. EDOKPOLOR & CO. LTD V. BENDEL INSUR. CO. LTD (1997) 1 KLR (PT 47) 214; (1997) 2 NWLR (PT. 486) 131

 

INSURANCE - Pleadings - Marine Insurance Policy - Allegation that the vessel did not sail from the stipulated port - Whether pleaded. EDOKPOLOR & CO. LTD V. BENDEL INSUR. CO. LTD (1997) 1 KLR (PT 47) 214; (1997) 2 NWLR (PT. 486) 131

 

INSURANCE - Privity of contract - Where the insurance company will pay for repair of damaged vehicle - Whether there is privity of contract - Between the owner of the car and the repairer. J.E. OSHEVIRE LTD V. TRIPOLI MOTORS (1997) 4 KLR (PT 51) 823; (1997) 5 NWLR (PT. 503) 1

 

INTERNATIONAL LAW - Adherence - International agreements - That are not in conflict with our fundamental law - Shall continue to be enforced in Nigeria. IBIDAPO V. LUFTHANSA AIRLINES (1997) 4 KLR (PT 50) 734; (1997) 4 NWLR (PT. 498) 124

 

INTERNATIONAL LAW - Carriage by air Order 1953 - Made while Nigeria was a British Colony - Whether the Order is an existing and applicable law in Nigeria. IBIDAPO V. LUFTHANSA AIRLINES (1997) 4 KLR (PT 50) 734; (1997) 4 NWLR (PT. 498) 124

 

INTERNATIONAL LAW - Foreign currency - Whether a Nigerian court can give judgment in foreign currency - Is an issue of discretion - That need not be determined being merely academic in this case. KOYA V. UBA LTD (1997) 1 KLR (PT 47) 73; (1997) 1 NWLR (PT. 481) 251

 

INTERNATIONAL LAW - Implied repeal - An important international Warsaw Convention - That Nigeria is still taking advantage of - Cannot be said to be impliedly repealed. IBIDAPO V. LUFTHANSA AIRLINES (1997) 4 KLR (PT 50) 734; (1997) 4 NWLR (PT. 498) 124

 

INTERNATIONAL LAW - Warsaw Convention - Whether Nigeria is a party to the Convention. IBIDAPO V. LUFTHANSA AIRLINES (1997) 4 KLR (PT 50) 734; (1997) 4 NWLR (PT. 498) 124

 

INTERPRETATION OF STATUTES - Ambiguity - Administration of Estate Law 1973 - In view of the definition part - Whether there is any ambiguity in ss. 2,3 and 4 of that statute. UGU V. TABI (1997) 7 KLR (PT 53) 1547; (1997) 7 NWLR (PT. 513) 368

 

INTERPRETATION OF STATUTES - ‘Condition precedent’ - Employed in the interpretation of a chieftaincy law - Is different in meaning from the word ‘condition’. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

INTERPRETATION OF STATUTES - Construction - The rule of construction of statutes - Is that they should be construed according to the intent of the legislature that promulgated them. OWENA BANK V. NIGERIAN STOCK EXCH. LTD (1997) 7 KLR (PT 53) 1421; (1997) 8 NWLR (PT. 515) 1

 

ISLAMIC LAW - Evidence found to be more pious and trustworthy - Was rightly relied upon - By trial court - In entering judgment for the respondent USMAN V. KUSFA (1997) 1 KLR (PT 47) 179; (1997) 1 NWLR (PT. 483) 525

 

JUDGMENTS - Academic issue - Foreign currency - Whether a Nigerian court can give judgment in foreign currency - Is an issue of discretion - That need not be determined being merely academic in this case. KOYA V. UBA LTD (1997) 1 KLR (PT 47) 73; (1997) 1 NWLR (PT. 481) 251

JUDGMENTS - Appeals - Conclusion of trial court - Where supported by evidence - Appellate court will not disturb it. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

JUDGMENTS - Appeals - Concurrent findings - That are perverse and erroneous - Will be set aside. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

JUDGMENTS - Appeals - Delivery of judgment - Whether all the three Justices of the Court of Appeal - That heard an appeal - Must be present at the delivery of the judgment. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

JUDGMENTS - Appeals - Error in judgment - It is not every error in judgment that will result in the appeal being allowed - It is only when the error is substantial and has occasioned a miscarriage of justice - That an appeal court is bound to interfere. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

JUDGMENTS - Appeals - Error in judgment - Must be substantial - To warrant appellate court’s interference. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

JUDGMENTS - Appeals - Finding of fact - Where not based on demeanour or credibility of witnesses - Appellate Court is entitled to more readily form an independent opinion. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

JUDGMENTS - Appeals - Findings of fact - That are based on demeanour or credibility of witnesses - Where not perverse - Appellate court should not come to a different conclusion. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

JUDGMENTS - Appeals - Inference - Drawing inference from facts - Where proper - The appellate court is free to do so. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

JUDGMENTS - Appeals - Issue that was properly raised - Court of Appeal misdirected itself - In holding that the issue was not subject of any ground of appeal. OGIGIE V. OBIYAN (1997) 10 KLR (PT 55) 1915; (1997) 10 NWLR (PT. 524) 179

 

JUDGMENTS - Appeals - Pronounced opinion of a member of the panel - Who has ceased to be a Justice of the Court of Appeal on the date of judgment - Is not a nullity. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

 

JUDGMENTS - Bias - Findings of trial Court - On the credibility of witnesses - Where not tainted with bias - It should be upheld. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

JUDGMENTS - Boundary - Plaintiffs having established the area of the peninsula in dispute - Court of Appeal erroneously dismissed their claims. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

JUDGMENTS - Circumstantial evidence - That is overwhelming and leads to no other conclusion - Leaves no room for acquittal. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

JUDGMENTS - Circumstantial evidence - Though there be no direct evidence against appellant - Some aspects of the evidence - Sufficiently justified the finding of guilt. PETER V. THE STATE (1997) 12 KLR (PT 55) 1999

 

JUDGMENTS - Concurrent findings of fact - Supported by sufficient evidence - Will not be disturbed. SANUSI V. ADEBIYI (1997) 12 KLR (PT 55) 1959; (1997) 11 NWLR (PT. 530) 565

 

JUDGMENTS - Cross-appeal for special damages - Was wrongfully not considered by the Court of Appeal - Though the cross-appeal is allowed - Cross-appellant can only recover part of the damages. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

JUDGMENTS - Customary courts - Where there is abundant evidence in support of area court’s findings - The judgment would be upheld - Upon the principle of placing broad interpretation - On customary court’s proceedings. ILEDARE V. AJAGBONNA (1997) 6 KLR (PT 52) 1122; (1997) 6 NWLR (PT. 507) 1

 

JUDGMENTS - Declaratory reliefs - Where the hard facts are uncontradicted and appellant behaved without equity - Court will be on the side of truth and law in support of the case. FASESIN V. OYERINDE (1997) 12 KLR (PT 55) 1987; (1997) 11 NWLR (PT. 530) 552

 

JUDGMENTS - Declaratory judgment - Much discretion is required - And must be granted judiciously having regards to the facts and equity of the case. FASESIN V. OYERINDE (1997) 12 KLR (PT 55) 1987; (1997) 11 NWLR (PT. 530) 552

 

JUDGMENTS - Default judgment - Averred defence to the claim - Which has been preliminarily determined - Cannot be a reason for not being indebted. PAN ATLANTIC LTD V. RHEIN MASS GMBH (1997) 3 KLR (PT 49) 577; (1997) 3 NWLR (PT. 493) 248

 

JUDGMENTS - Default judgment - Statement of defence that disclosed no defence - Can entitle plaintiff to summary judgment. PAN ATLANTIC LTD V. RHEIN MASS GMBH (1997) 3 KLR (PT 49) 577; (1997) 3 NWLR (PT. 493) 248

 

JUDGMENTS - Dismissal of appeal - By the Court of Appeal - Without looking at the counter-affidavit filed that morning - Is in breach of audi alteram partem rule. BOMOR V. EKIYOR (1997) 7 KLR (PT 54) 1571; (1997) 9 NWLR (PT. 519) 1

 

JUDGMENTS - Error in trial court’s judgment - Not every slip will result in the judgment being upset on appeal. PAN ATLANTIC LTD V. RHEIN MASS GMBH (1997) 3 KLR (PT 49) 577; (1997) 3 NWLR (PT. 493) 248

 

JUDGMENTS - Evaluation of evidence - Where trial court fails to evaluate evidence adduced before it in the determination of disputes - Appellate Court will do so. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

JUDGMENTS - Evaluation of evidence - Where trial court fails to evaluate evidence adduced at the trial - Appellate court will over rule the decision of the trial court. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

JUDGMENTS - Exhibits - Trial court’s reason for rejecting Exhibit O - Is erroneous - Though the error is immaterial - As no injustice was occasioned. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

JUDGMENTS - Extraneous matters - Trial judge was wrong to consider extraneous matters - In arriving to his conclusion. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

 

JUDGMENTS - Findings - Of trial judge in respect of an exhibit - Should not be disregarded by that judge - Unto making a wrongful award. J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1

 

JUDGMENTS - Findings of fact - Where not supported by the evidence - The findings are perverse. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

JUDGMENTS - Foreign currency - Whether a Nigerian court can give judgment in foreign currency - Is an issue of discretion - That need not be determined being merely academic in this case. KOYA V. UBA LTD (1997) 1 KLR (PT 47) 73; (1997) 1 NWLR (PT. 481) 251

 

JUDGMENTS - Functus officio - Ones an issue has been determined - The judge becomes functus officio after the judgment - And cannot reopen the matter. J.A.S. & CO. LTD V. NAT. CEREALS RES. INST. (1997) 2 KLR (PT 48) 441; (1997) 3 NWLR (PT. 491) 1

 

JUDGMENTS - Interference - Findings of fact - should not easily be interfered with by appellate Court - Save there is an obvious error. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

JUDGMENTS - Issues - Where the trial court adverted its attention to all properly raised issues - Its decision cannot be upset. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

JUDGMENTS - Issues for determination - Issues Not raised nor argued by parties - Decision of courts cannot be founded on them. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

JUDGMENTS - Miscarriage of justice - To reach a conclusion that a miscarriage of justice has taken place - It does not require a finding that a different result would have been reached. OKONKWO V. UDOH (1997) 7 KLR (PT 54) 1722; (1997) 9 NWLR (PT. 519) 16

 

JUDGMENTS - Misdirection - That did not occasion miscarriage of justice - Is immaterial. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

JUDGMENTS - Nullity of - Written judgment of retired justice of Court of Appeal - Delivered after such retirement - Is a nullity. ADESOKAN V. ADEGOROLU (1997) 3 KLR (PT 49) 505; (1997) 3 NWLR (PT. 493) 261

 

JUDGMENTS - Possession - Abandonment of possession of ownership by plaintiffs on hearing that government had acquired the land - Cannot be the case in this matter - As wrongly held by the Court of Appeal. LADEPO V. AJANI (1997) 7 KLR (PT 54) 1709; (1997) 8 NWLR (PT. 517) 356

 

JUDGMENTS - Possession - Survey pillars alteration by the defendants - Where some plaintiffs’ pillars are still buried on the land - Trial court was right in finding possession in favour of plaintiffs. LADEPO V. AJANI (1997) 7 KLR (PT 54) 1709; (1997) 8 NWLR (PT. 517) 356

 

JUDGMENTS - Rebuttal - Where Plaintiff adduces evidence which establishes his case and the defendant fails to rebut it - The plaintiff will be entitled to judgment. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

JUDGMENTS - Reliefs not claimed - Where no appropriate relief was claimed - The trial court cannot make any award. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

JUDGMENTS - Retired Justice’s opinion - Pronounced opinion of a retired Court of Appeal justice - Is proper and valid. ADESOKAN V. ADEGOROLU (1997) 3 KLR (PT 49) 505; (1997) 3 NWLR (PT. 493) 261

 

JUDGMENTS - Reversal - Error of lower court - Will not ground a reversal - Unless the error affected the decision crucially. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

JUDGMENTS - Self defence and provocation - Were adequately considered by the lower courts - In rightly holding that the defences do not avail the accused. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

JUDGMENTS - Statutory period of 3 months - Within which to deliver judgment - Was complied with by the trial court - In spite of contention that it was delivered 91 days after final address. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

JUDGMENTS - Supreme Court - Previous decision of the Supreme Court - In Murmansk’s case - On the issue of limitation period - Is binding on the Supreme Court. CITY ENGINEERING LTD V. F.H.A (1997) 7 KLR (PT 54) 1874; (1997) 9 NWLR (PT. 520) 224

 

JUDGMENTS - Supreme Court - Previous decisions - That are not in conflict with later decisions - Will not be overruled. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

JUDGMENTS - Trespass & injunction - Documents of both parties - Where found to be defective - The appellant that has been in exclusive possession - Is entitled to judgment in trespass and injunction. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

JUDGMENTS - Unchallenged Decision of Court of Appeal - Where misconceived but not challenged - Remains the settlement of the issue between the parties. KOYA V. UBA LTD (1997) 1 KLR (PT 47) 73; (1997) 1 NWLR (PT. 481) 251

 

JUDGMENTS - Unchallenged evidence - Where appellants’ evidence was not challenged - Judgment should have been entered for him. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

JUDGMENTS - Vagueness - Land description - Where a detailed description of the land in dispute was given in the judgment - Whether that judgment is bad for vagueness. NYAMBI V. OSADIM (1997) 1 KLR (PT 47) 281; (1997) 2 NWLR (PT. 485) 1

 

JUDGMENTS - Witnesses - It is trial court’s duty to asses witnesses - And form impression about their truthfulness. DAKAT V. DASHE (1997) 12 KLR (PT 55) 2053; (1997) 12 NWLR (PT. 531) 46

 

JUDICIAL PRECEDENTS - Arbitration - Previous decision of the Supreme Court - In Murmansk’s case - On the issue of limitation period - Is binding on the Supreme Court. CITY ENGINEERING LTD V. F.H.A (1997) 7 KLR (PT 54) 1874; (1997) 9 NWLR (PT. 520) 224

 

JUDICIAL PRECEDENTS - Compensation - Apportionment of compensation - Cannot be granted to a party in possession - But who has no proprietary interest. EDEBIRI V. EDEBIRI (1997) 4 KLR (PT 50) 672; (1997) 4 NWLR (PT. 498) 165

 

JUDICIAL PRECEDENTS - Criticism of a higher court’s decision - By a lower court - Though excusable in law - The lower court is bound to apply the higher court’s decision. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

JUDICIAL PRECEDENTS - Principle of apportionment of compensation - In the case of Agheoghen v. Chief Waghoreghor - Ought to be distinguished from the instant case. EDEBIRI V. EDEBIRI (1997) 4 KLR (PT 50) 672; (1997) 4 NWLR (PT. 498) 165

 

JUDICIAL PRECEDENTS - Ratio decidendi -It is only the major principles - That bind courts of concurrent or lower jurisdiction. NEPA V. ONAH (1997) 1 KLR (PT 47) 201; (1997) 1 NWLR (PT. 484) 680

 

JUDICIAL PRECEDENTS - Stare decisis - What the cardinal principles thereof entails. NEPA V. ONAH (1997) 1 KLR (PT 47) 201; (1997) 1 NWLR (PT. 484) 680

 

JUDICIAL PRECEDENTS - Stare decisis - Tukur v. Gongola State - Though the facts are not the same with this case - The principle is the same. EGBUONU V. BORNU RADIO TV. CORP (1997) 12 KLR (PT 55) 2063; (1997) 12 NWLR (PT. 531) 29

JURISDICTION - Affidavits - Dismissal - Where jurisdiction is in issue - The lower courts were wrong - To determine that issue - Without resolving the conflicts in the affidavit. EBOHON V. A-G EDO STATE (1997) 5 KLR (PT 51) 1023; (1997) 5 NWLR (PT. 505) 298

 

JURISDICTION - Challenge - Where there is challenge to the court’s jurisdiction - Need to settle the issue - Before hearing of the suit. UKWU V. BUNGE (1997) 7 KLR (PT 53) 1512; (1997) 8 NWLR (PT. 518) 527

 

JURISDICTION - Chieftaincy matters - Appointment of Chief - Where the law did not empower the traditional council to make an appointment - It has no jurisdiction to recommend 1st defendant to the governor. AMUDA V. ADELODUN (1997) 5 KLR (PT 52) 1071; (1997) 5 NWLR (PT. 506) 480

 

JURISDICTION - Commencement of actions - Employing the wrong procedure in commencing an action - Withdraws competence from the trial high court - Thereby rendering the proceedings null and void. TUKUR V. GOVERNMENT OF TARABA STATE (1997) 6 KLR (PT 52) 1238; (1997) 6 NWLR (PT. 510) 549

 

JURISDICTION - High Court judge - There being only one state high court for Rivers State - Whether a judge lacks jurisdiction - To continue hearing of same case in another judicial division. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

JURISDICTION - High Court -Where the High Court’s jurisdiction in an ex parte application is in issue - The issues related to the proceedings or judgment of a Tribunal should not arise. LEKWOT V. JUDICIAL TRIBUNAL (1997) 7 KLR (PT 54) 1904; (1997) 8 NWLR (PT. 515) 22

 

JURISDICTION - Judicial division for trial - High Court Rules of Bendel State 0.6 rr. 2 & 6 - Case commenced in a wrong judicial division - Legal implications. OGIGIE V. OBIYAN (1997) 10 KLR (PT 55) 1915; (1997) 10 NWLR (PT. 524) 179

 

JURISDICTION - Land Use Act - Ejusdem generis rule - Customary right of occupancy - Only area court, customary Court or courts of equivalent jurisdiction - Can determine land matters related to customary right of occupancy. OYENIRAN V. EGBETOLA (1997) 5 KLR (PT 51) 936; (1997) 5 NWLR (PT. 504) 122

 

JURISDICTION - Land law - Land subject to customary right of occupancy grant - Under the Land Use Act - High court has no original jurisdiction vide s. 41 of the Act. OYENIRAN V. EGBETOLA (1997) 5 KLR (PT 51) 936; (1997) 5 NWLR (PT. 504) 122

 

JURISDICTION - Specific claim - Setoff claim by the defendant - For a specific period - Court is without jurisdiction to award what is not claimed. UDOM V. MICHELETTI & SONS LTD (1997) 7 KLR (PT 54) 1690; (1997) 8 NWLR (PT. 516) 187

 

JURISDICTION - Title - Where the trial senior District Judge did not make any declaration as to title - Issue of jurisdiction will not arise. DAKAT V. DASHE (1997) 12 KLR (PT 55) 2053; (1997) 12 NWLR (PT. 531) 46

 

LAND LAW - Acquisition of land by government - Provision that it must be for public purpose - Does not exclude government from involving the private sector - Towards the attainment of such purposes. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

LAND LAW - Acquisition of land by government - Respondents that had no interest when the land was acquired - Are not entitled to either notice or compensation. NATIONAL HORT. RESEARCH INST. V. AYOADE (1997) 12 KLR (PT 55) 1976; (1997) 11 NWLR (PT. 530) 541

 

LAND LAW - Acquisition of land by government - Where there is evidence that compensation was paid to persons who applied - Respondents having no interest in the land at the relevant time - Are not entitled to statutory notices. NATIONAL HORT. RESEARCH INST. V. AYOADE (1997) 12 KLR (PT 55) 1976; (1997) 11 NWLR (PT. 530) 541

 

LAND LAW - Acts of possession or ownership - Cannot be established by plaintiffs - Who failed to establish - That they settled on any particular piece of land. SALAMI V. GBODOOLU (1997) 4 KLR (PT 50) 689; (1997) 4 NWLR (PT. 499) 277

 

LAND LAW - Admissions - Whether there are conclusive admissions - Against the trial Court’s findings - That the parties belong to separate families. KAMALU V. UMUNNA (1997) 5 KLR (PT 51) 1001; (1997) 5 NWLR (PT. 505) 321

 

LAND LAW - Boundary - Finding of lower courts thereon - Raises presumption of ownership in plaintiffs’ favour - And the burden shifts to defendants to show how they came to own the land. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

LAND LAW - Boundary - Plaintiffs having established the area of the peninsula in dispute - Court of Appeal erroneously dismissed their claims. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

LAND LAW - Burden of proof - In a case for declaration of title - Was discharged by the plaintiffs. NKADO V. OBIANO (1997) 5 KLR (PT 51) 891; (1997) 5 NWLR (PT. 503) 31

 

LAND LAW - Communal claim to land - Onus lies on each side - To prove their assertion concerning the land in dispute. UKATTA V. NDINAEZE (1997) 4 KLR (PT 50) 708; (1997) 4 NWLR (PT. 499) 251

 

LAND LAW - Compensation - Judicial precedent - Apportionment of compensation - Cannot be granted to a party in possession - But who has no proprietary interest. EDEBIRI V. EDEBIRI (1997) 4 KLR (PT 50) 672; (1997) 4 NWLR (PT. 498) 165

 

LAND LAW - Compensation - Paid by Government in respect of acquired land - Was wrongfully apportioned - To a party with mere possessory right. EDEBIRI V. EDEBIRI (1997) 4 KLR (PT 50) 672; (1997) 4 NWLR (PT. 498) 165

 

LAND LAW - Compulsory acquisition - Issues - That relate to compulsory acquisition of land - And contract to pay compensation - Where not proved - Are incompetent. UMUKORO V. NPA (1997) 5 KLR (PT 51) 954; (1997) 4 NWLR (PT. 502) 656

 

LAND LAW - Compulsory acquisition - Issuance of notice and not service thereof - Vests the land in the government. OVIAWE V. INTEGRATED RUBBER PRODUCTS LTD (1997) 3 KLR (PT 49) 469; (1997) 3 NWLR (PT. 492) 126

 

LAND LAW - Compulsory acquisition of land by government - Effect of Limitation clause on compensation - Applies to extinguish any valid right. NATIONAL HORT. RESEARCH INST. V. AYOADE (1997) 12 KLR (PT 55) 1976; (1997) 11 NWLR (PT. 530) 541

 

LAND LAW - Compulsory acquisition of land by government - Whether it is for public purpose. OVIAWE V. INTEGRATED RUBBER PRODUCTS LTD (1997) 3 KLR (PT 49) 469; (1997) 3 NWLR (PT. 492) 126

 

LAND LAW - Contract for sale of land - Specific performance - Purchase price - Where purchase price is not fully paid and purchaser sues for specific performance - Right to specific performance cannot be enforced. ODUSOGA V. RICKETTS (1997) 7 KLR (PT 53) 1271; (1997) 7 NWLR (PT. 511) 1

 

LAND LAW - Conveyancing - Fake document - Deed of Lease - With attached plan that was drawn 7 years latter - Whether a fake document. ISERU V. CATHOLIC BISHOP OF WARRI DIOCESE (1997) 4 KLR (PT 50) 618; (1997) 3 NWLR (PT. 495) 517

 

LAND LAW - Conveyancing - Where a vendor has executed a prior valid conveyance - There remains no more right to be transferred to another party. ODUSOGA V. RICKETTS (1997) 7 KLR (PT 53) 1271; (1997) 7 NWLR (PT. 511) 1

 

LAND LAW - Declaration of title - Being a discretionary remedy cannot be granted - Where plaintiffs fail to establish their entitlement to that relief. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

LAND LAW - Declaration of title - Conflicting traditional history - Where the traditional history of one of the parties is ex facie discredited - The principle in Kojo II v. Bonsie need not be applied. SANUSI V. ADEBIYI (1997) 12 KLR (PT 55) 1959; (1997) 11 NWLR (PT. 530) 565

 

LAND LAW - Declaration of title - Onus of proof - Plaintiff is to establish the title he is claiming - He cannot rely on the weakness of defendant’s case. IDEHEN V. OSEMWENKHAE (1997) 7 KLR (PT 54) 1584; (1997) 10 NWLR (PT. 525) 358

 

LAND LAW - Description - Where a detailed description of the land in dispute was given in the judgment - Whether that judgment is bad for vagueness. NYAMBI V. OSADIM (1997) 1 KLR (PT 47) 281; (1997) 2 NWLR (PT. 485) 1

 

LAND LAW - Evidence - Presumption under S. 146 of the Evidence Act - As to person in possession being presumed owner - Cannot arise where plaintiff proved his title to the land in dispute. ILEDARE V. AJAGBONNA (1997) 6 KLR (PT 52) 1122; (1997) 6 NWLR (PT. 507) 1

 

LAND LAW - Family land - Conveyance by some individual members of a family - When does it become void or voidable. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

LAND LAW - Family land - Execution of some documents - Issue of whether done by family head or all sections of the family - Cannot be raised as it was not pleaded. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

 

LAND LAW - Family land - Partition of family land vide Exh. p4 - Without the consent of the head and principal family members - Is void together with any document emanating therefrom. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

LAND LAW - Family land - Sale by the family head - Without consent of accredited members of the different family units - Is voidable. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

LAND LAW - Family land - Sale thereof - Consent of the entire family branches must be secured - To make the sale valid. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

LAND LAW - Family property - Whether the parties belong to the same family - As to make the land in dispute family property. KAMALU V. UMUNNA (1997) 5 KLR (PT 51) 1001; (1997) 5 NWLR (PT. 505) 321

 

LAND LAW - Fee simple conveyance - Cannot be granted - Under the State Lands Law or Land Use Act. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

LAND LAW - Identity of the land - Ascribing different names to same land - May not be fatal - But contradictory evidence by plaintiffs’ witnesses on the location - Will defeat the claim. SALAMI V. GBODOOLU (1997) 4 KLR (PT 50) 689; (1997) 4 NWLR (PT. 499) 277

 

LAND LAW - Identity of the land - Mere admission by defendant that he knows the land - Cannot cure plaintiff’s failure to prove the identity. IDEHEN V. OSEMWENKHAE (1997) 7 KLR (PT 54) 1584; (1997) 10 NWLR (PT. 525) 358

 

LAND LAW - Identity of the Land - Right of occupancy claim - Plaintiff in discharging his burden - Must prove the identity of the land. SALAMI V. GBODOOLU (1997) 4 KLR (PT 50) 689; (1997) 4 NWLR (PT. 499) 277

 

LAND LAW - Identity of the land in dispute - Whether raised as an issue - By the parties. SALAMI V. GBODOOLU (1997) 4 KLR (PT 50) 689; (1997) 4 NWLR (PT. 499) 277

 

LAND LAW - Identity of land in dispute - Evaluation of evidence thereto - Must be thorough. IDEHEN V. OSEMWENKHAE (1997) 7 KLR (PT 54) 1584; (1997) 10 NWLR (PT. 525) 358

 

LAND LAW - Jurisdiction - Land subject to customary right of occupancy grant - Under the Land Use Act - High court has no original jurisdiction vide s. 41 of the Act. OYENIRAN V. EGBETOLA (1997) 5 KLR (PT 51) 936; (1997) 5 NWLR (PT. 504) 122

 

LAND LAW - Kojo v. Bonsie rule - Where one side failed to put forward a traditional history capable of being tested - The rule will not apply. EBOADE V. ATOMESIN (1997) 5 KLR (PT 51) 849; (1997) 5 NWLR (PT. 506) 590

 

LAND LAW - Lease - Consent of the family - Whether required in this case - For a valid assignment of the lease. CHIEKE V. OLUSOGA (1997) 3 KLR (PT 49) 547; (1997) 3 NWLR (PT. 494) 390

 

LAND LAW - Lease - Determination of state lease by expiration of time - Right to removal of any building on the land - Where not exercised within the statutory 3 months - Whether to be deemed waived. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

LAND LAW - Leasehold - Land that has been established to be a Crown or State land - Cannot be leased by private individuals. ISERU V. CATHOLIC BISHOP OF WARRI DIOCESE (1997) 4 KLR (PT 50) 618; (1997) 3 NWLR (PT. 495) 517

 

LAND LAW - Leases - Recovery of possession - By the State at the expiration of a lease - Must be done in the manner prescribed by the law. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

LAND LAW - Leases - Sale to a 3rd party upon the expiration of the lease - Is invalid - Since appellant was still in possession - And holding over though his lease had expired. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

LAND LAW - Leases - Tenant at sufferance - Appellant that came into possession lawfully - Becomes a tenant at sufferance after expiration of the lease - Until lessor recovers possession in the manner authorized by law. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

LAND LAW - Licence - Is revocable by the licensor at any time - Failure to give notice - Would not affect the validity of a proper grant to a 3rd party. KARI V. GANARAM (1997) 2 KLR (PT 48) 391; (1997) 2 NWLR (PT. 488) 380

 

LAND LAW - Limitation Law ss. 6(2) & 16 - Apply only to title under statutory law and not customary law - And that law applies to extinguish respondents’ title. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

LAND LAW - Lis pendens doctrine - Will only affect a purchaser who buys subject matter during pendency of litigation - The doctrine is not applicable in this case. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

LAND LAW - Locus in quo - Where the identity of the land in dispute is not in controversy - Visit to locus is not necessary. EBOADE V. ATOMESIN (1997) 5 KLR (PT 51) 849; (1997) 5 NWLR (PT. 506) 590

 

LAND LAW - Locus standi - Acquisition of land by government - Where plaintiff failed to prove his title - He has no locus standi to challenge the validity of the acquisition. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

LAND LAW - Ownership - Presumption of ownership under s. 146 Evidence Act - Whether it arose in this case - As to shift onus of proof away from the appellant. EKENNIA V. NKPAKARA (1997) 5 KLR (PT 51) 869; (1997) 5 NWLR (PT. 504) 152

 

LAND LAW - Ownership - Assertion of exclusive ownership by an individual - As against the community’s claim to communal ownership - Onus of proof is on that individual. EKENNIA V. NKPAKARA (1997) 5 KLR (PT 51) 869; (1997) 5 NWLR (PT. 504) 152

 

LAND LAW - Parties - Family land - Contention that the plaintiffs were not members of the Atomesin family - Cannot now be raised by the defendants. EBOADE V. ATOMESIN (1997) 5 KLR (PT 51) 849; (1997) 5 NWLR (PT. 506) 590

 

LAND LAW - Pleadings - Necessary material facts - Where pleaded and established by evidence - Respondent can succeed on his traditional history evidence. ANABARONYE V. NWAKAIHE (1997) 1 KLR (PT 47) 190; (1997) 1 NWLR (PT. 482) 374

 

LAND LAW - Possession - Abandonment of possession of ownership by plaintiffs on hearing that government had acquired the land - Cannot be the case in this matter - As wrongly held by the Court of Appeal. LADEPO V. AJANI (1997) 7 KLR (PT 54) 1709; (1997) 8 NWLR (PT. 517) 356

 

LAND LAW - Possession - Finding - By trial court - That respondents admitted possession of the disputed land by the appellants - Is perverse. EKENNIA V. NKPAKARA (1997) 5 KLR (PT 51) 869; (1997) 5 NWLR (PT. 504) 152

 

LAND LAW - Possession - Finding that all the land in boundary to the one in dispute - Belong to the respondents - SS. 46 & 146 Evidence Act were rightly applied. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

LAND LAW - Possession - Survey pillars alteration by the defendants - Where some plaintiffs’ pillars are still buried on the land - Trial court was right in finding possession in favour of plaintiffs. LADEPO V. AJANI (1997) 7 KLR (PT 54) 1709; (1997) 8 NWLR (PT. 517) 356

 

LAND LAW - Possession - Previous proceedings Exhibit “D” - Was rightly treated by the lower courts - As evidence of acts of possession. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

LAND LAW - Prior right on land - Party who was fixed with notice of another’s prior right but chose to ignore it - Cannot be availed by equity. FASESIN V. OYERINDE (1997) 12 KLR (PT 55) 1987; (1997) 11 NWLR (PT. 530) 552

 

LAND LAW - Registrable documents - Whether a farm cultivation agreement - Is subject to registration. OLANREWAJU V. OGUNLEYE (1997) 1 KLR (PT 47) 225; (1997) 2 NWLR (PT. 485) 12

 

LAND LAW - Sale - By an agent wife of the owner - Whether there was express authority - To sell the land in dispute. CHIEKE V. OLUSOGA (1997) 3 KLR (PT 49) 547; (1997) 3 NWLR (PT. 494) 390

LAND LAW - Sale - Essential requirements of a valid sale of land under customary law. ODUSOGA V. RICKETTS (1997) 7 KLR (PT 53) 1271; (1997) 7 NWLR (PT. 511) 1

 

LAND LAW - Sale - Part payment - Where purchaser made part payment but defaults in payment of the balance - The vendor has right to rescind the contract and resell. ODUSOGA V. RICKETTS (1997) 7 KLR (PT 53) 1271; (1997) 7 NWLR (PT. 511) 1

 

LAND LAW - Sale - Validity - Where purchase price is not fully paid and purchaser goes into possession - The sale is not valid and therefore cannot defeat the title of the vendor. ODUSOGA V. RICKETTS (1997) 7 KLR (PT 53) 1271; (1997) 7 NWLR (PT. 511) 1

 

LAND LAW - Statutes of fraud - And similar legislations - Court will not allow a plaintiff - Make fraudulent use of the statute. CHIEKE V. OLUSOGA (1997) 3 KLR (PT 49) 547; (1997) 3 NWLR (PT. 494) 390

 

LAND LAW - Survey plan - Allegation that the Court of Appeal relied on the wrong survey plan - Is not correct. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

LAND LAW - Survey plan - Identity of land in dispute - Plaintiff may rely on survey plan made by PW2 - To prove the identity. IDEHEN V. OSEMWENKHAE (1997) 7 KLR (PT 54) 1584; (1997) 10 NWLR (PT. 525) 358

 

LAND LAW - Survey plan - That was not tendered as exhibit - Referred to by the lower court - Fair hearing was not denied thereby. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

LAND LAW - “Time immemorial” - Proper meaning thereof - Respondents’ case cannot fail - Because they did not call evidence beyond human memory. NKADO V. OBIANO (1997) 5 KLR (PT 51) 891; (1997) 5 NWLR (PT. 503) 31

 

LAND LAW - Title - Acts of possession by plaintiffs - Lower courts’ findings thereon being perverse - Plaintiffs’ claims will succeed. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

LAND LAW - Title - Burden on appellants - Cannot be discharged - By alleging that their ancestors’ graves and shrines were on the land - Without proving the averment by evidence. IDESOH V. ORDIA (1997) 2 KLR (PT 48) 459; (1997) 3 NWLR (PT. 491) 17

 

LAND LAW - Title - Burden of proof - Plaintiff must succeed on the strength of his own case - Where defendant’s case supports plaintiff’s case - Court cannot ignore it in deciding which side to believe. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

LAND LAW - Title - Burden of proof - Both lower court’s having erroneously placed burden of proof on the defendants - Their concurrent findings will be set aside as being perverse. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

LAND LAW - Title - Burden of proof - Where a party has established title through an agreed original owner - Substantial burden placed on the other party - Can only be discharged by establishing a better possession - To oust that of the original owner. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

LAND LAW - Title - Case that rests on 4 ways of establishing title - Was properly upheld by the lower Court. NKADO V. OBIANO (1997) 5 KLR (PT 51) 891; (1997) 5 NWLR (PT. 503) 31

 

LAND LAW - Title - Concurrent findings that appellants failed to prove title by non of the methods - Will not be disturbed by the Supreme Court. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

LAND LAW - Title - Failure to prove title and possession - Appellants will not be entitled to damages for trespass or injunction. IDESOH V. ORDIA (1997) 2 KLR (PT 48) 459; (1997) 3 NWLR (PT. 491) 17

 

LAND LAW - Title - Five ways of proving title - Declaration can be founded upon proof of one of the ways. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

LAND LAW - Title - Once radical title has been proved - Acts of possession and ownership need not be considered. EBOADE V. ATOMESIN (1997) 5 KLR (PT 51) 849; (1997) 5 NWLR (PT. 506) 590

 

LAND LAW - Title - Ownership of connected land s. 46 Evidence Act - Was rightly relied upon by the lower courts - In finding for the respondents. NKADO V. OBIANO (1997) 5 KLR (PT 51) 891; (1997) 5 NWLR (PT. 503) 31

 

LAND LAW - Title - Pleadings - Failure to plead root of title - Is fatal - As production of title documents per se - Is not sufficient proof of title. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

LAND LAW - Title - Proof of plaintiff’s title - Cannot be attained by virtue of a mistake - Nor even by an admission in defendants’ pleadings - Since plaintiff must rely on the strength of his case. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

LAND LAW - Title - Reliance on two methods in seeking to prove title - Failure to prove any of the methods - Will lead to dismissal of the claim. ADEYERI V. OKOBI (1997) 6 KLR (PT 52) 1188; (1997) 6 NWLR (PT. 510) 534

 

LAND LAW - Title - Reliance on Native Court Suit - Failed to establish appellants’ claim of ownership. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

LAND LAW - Title - Traditional evidence - Whether respondents evidence of tradition - Was rightly accepted as conclusive. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

LAND LAW - Title - Traditional history - Apart from placing reliance thereon - Respondents relied on other 3 methods of proving title. NKADO V. OBIANO (1997) 5 KLR (PT 51) 891; (1997) 5 NWLR (PT. 503) 31

 

LAND LAW - Title - Where the trial senior District Judge did not make any declaration as to title - Issue of jurisdiction will not arise. DAKAT V. DASHE (1997) 12 KLR (PT 55) 2053; (1997) 12 NWLR (PT. 531) 46

 

LAND LAW - Title - Where plaintiff proved his root of title - And appellant was not shown to be in possession - S. 146 of the Evidence Act will not be applied in appellant’s favour. ILEDARE V. AJAGBONNA (1997) 6 KLR (PT 52) 1122; (1997) 6 NWLR (PT. 507) 1

 

LAND LAW - Traditional sale of land - Under native law and custom - Is valid without conveyance or written contracts. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

LAND LAW - Traditional history - Passing of land to the respondents - It is not correct to say - That respondents failed to show - How their ancestors passed the land to them. NKADO V. OBIANO (1997) 5 KLR (PT 51) 891; (1997) 5 NWLR (PT. 503) 31

 

LAND LAW - Traditional evidence - Conflict therein - Cannot be resolved by trial judge believing the evidence of one party or the other. ADEYERI V. OKOBI (1997) 6 KLR (PT 52) 1188; (1997) 6 NWLR (PT. 510) 534

 

LAND LAW - Traditional evidence - Rejection of plaintiffs’ traditional evidence by the lower courts - Are perverse concurrent findings. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

LAND LAW - Traditional evidence - Whether trial court’s findings - Were rightly affirmed by the lower court. IDESOH V. ORDIA (1997) 2 KLR (PT 48) 459; (1997) 3 NWLR (PT. 491) 17

 

LAND LAW - Traditional history - Conflict therein - Court is to test the two stories by reference to acts in recent times. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

LAND LAW - Traditional history - Plaintiff who relies thereon - Must lead evidence to show the root of his title. NKADO V. OBIANO (1997) 5 KLR (PT 51) 891; (1997) 5 NWLR (PT. 503) 31

 

LAND LAW - Traditional history - Where not properly pleaded nor proved - Concurrent finding in respondents’ favour - Will not be disturbed. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

LAND LAW - Traditional history evidence - Where competing and conflicting - The test in Kojo II v. Bonsie should be adopted. KAMALU V. UMUNNA (1997) 5 KLR (PT 51) 1001; (1997) 5 NWLR (PT. 505) 321

 

LAND LAW - Traditional history evidence - Led by each party - Where made the basis for the judgment - Issue of effect of oath taken by the parties - Is immaterial. ANABARONYE V. NWAKAIHE (1997) 1 KLR (PT 47) 190; (1997) 1 NWLR (PT. 482) 374

 

LAND LAW - Trespass - Appellant that failed to establish lawful possession - Cannot maintain an action in trespass. ISERU V. CATHOLIC BISHOP OF WARRI DIOCESE (1997) 4 KLR (PT 50) 618; (1997) 3 NWLR (PT. 495) 517

 

LAND LAW - Trespass - Exclusive possessor of land - Can sue any one who trespasses even if he is neither the owner nor privy to the owner - Save a person who can establish a better title. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

LAND LAW - Trespass - Exclusive long adverse possessor of land - Can maintain trespass action against original owner - Whose title has been extinguished by operation of the Limitation Law. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

LAND LAW - Trespass - Voidable transaction - Entering the land before the transaction was avoided - Is no trespass. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

LAND LAW - Trespass - Where plaintiffs’ counsel admitted that their claim is for compensation - Issue of trespass is irrelevant. UMUKORO V. NPA (1997) 5 KLR (PT 51) 954; (1997) 4 NWLR (PT. 502) 656

 

LAND LAW - Trespass - Where appellants were already in possession - The plaintiff who entered the land on the ground of sale to him - Is the trespasser. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

LAND LAW - Trespass - Where appellant’s entrance on the land was an act of trespass - Certificate of occupancy procured by him cannot ground possession. DAKAT V. DASHE (1997) 12 KLR (PT 55) 2053; (1997) 12 NWLR (PT. 531) 46

 

LAND LAW - Trespass - Where appellants relied on trespass committed by members of their family - They cannot complain that they were sued wrongfully. ANABARONYE V. NWAKAIHE (1997) 1 KLR (PT 47) 190; (1997) 1 NWLR (PT. 482) 374

 

LAND LAW - Trespass and injunction - Claim of ownership by the defendant - Plaintiff has to prove not only possession but better title. IDESOH V. ORDIA (1997) 2 KLR (PT 48) 459; (1997) 3 NWLR (PT. 491) 17

 

LAND LAW - Trespass and injunction - Documents of both parties - Where found to be defective - The appellant that has been in exclusive possession - Is entitled to judgment in trespass and injunction. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

LAND LAW - Trespass and injunction - Where plaintiff’s claim for damages for trespass and title fail - His claim for injunction will also be dismissed. LAWSON V. AJIBULU (1997) 6 KLR (PT 52)

1135

 

LAND LAW - Trespass and injunction claims - Can only be maintained by person in possession - Act sufficient to ground possession - Is a question of fact. LADEPO V. AJANI (1997) 7 KLR

(PT 54) 1709

 

LAND LAW - Voidable sale of family land - When the sale is declared void - The transaction becomes void - And purchaser’s documents of title will lack legal effect. SALAKO V. DOSUNMU

(1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

LAND USE ACT - Applicability - Where the Land Use Act is applicable - Any other inconsistent law or Act relating to land is void. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

LAND USE ACT - Certificate of occupancy s. 8 of the Act - The document in issue Exh. Z - Is not a certificate of occupancy. KARI V. GANARAM (1997) 2 KLR (PT 48) 391; (1997) 2 NWLR (PT. 488) 380

 

LAND USE ACT - Jurisdiction - Ejusdem generis rule - Customary right of occupancy - Only area court, customary Court or courts of equivalent jurisdiction - Can determine land matters related to customary right of occupancy. OYENIRAN V. EGBETOLA (1997) 5 KLR (PT 51) 936; (1997) 5 NWLR (PT. 504) 122

 

LAND USE ACT - Right of occupancy - Revocation of plaintiff’s right - Is invalid not being made within s. 28 of the Act. KARI V. GANARAM (1997) 2 KLR (PT 48) 391; (1997) 2 NWLR (PT. 488) 380

 

LAND USE ACT - Temporary right of occupancy s. 46(1) (d) - Whether Exhibit Z qualifies as a temporary right of occupancy under this section. KARI V. GANARAM (1997) 2 KLR (PT 48) 391; (1997) 2 NWLR (PT. 488) 380

 

LAND USE ACT - Validation of Certain Laws Act Cap. 203 s. 1(2)(b) - Is not applicable to Exhibit Z. KARI V. GANARAM (1997) 2 KLR (PT 48) 391; (1997) 2 NWLR (PT. 488) 380

LAND USE ACT - Words & phrases - “Exclusive” - By its proper definition - Cannot fit into s. 41 of the Land Use Act. OYENIRAN V. EGBETOLA (1997) 5 KLR (PT 51) 936; (1997) 5 NWLR (PT. 504) 122

 

LANDLORD & TENANT - Possession - Occupation of a house by tenants - Is in law regarded as occupation by the landlord who puts the tenants there. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

LANDLORD & TENANT - Recovery of possession - Affidavit endorsed by a Chief Magistrate - Cannot be tantamount to court order - For purposes of recovery of premises. IHENACHO V. UZOCHUKWU (1997) 1 KLR (PT 47) 241; (1997) 2 NWLR (PT. 487) 257

 

LANDLORD & TENANT - Recovery of premises - Self help - Landlord that fails to obtain appropriate court order for possession - Before taking over possession - Is liable in trespass. IHENACHO V. UZOCHUKWU (1997) 1 KLR (PT 47) 241; (1997) 2 NWLR (PT. 487) 257

 

LANDLORD & TENANT - Recovery of premises - Need to serve the appropriate notices - And thereafter proceed to recover possession according to law. IHENACHO V. UZOCHUKWU (1997) 1 KLR (PT 47) 241; (1997) 2 NWLR (PT. 487) 257

 

LANDLORD & TENANT - Torts - Detinue - Or wrongful ejectment - Landlord and tenant relationship - Need not exist before any of these actions can be maintained. IHENACHO V. UZOCHUKWU (1997) 1 KLR (PT 47) 241; (1997) 2 NWLR (PT. 487) 257

 

LEASES - Determination of state lease by expiration of time - Right to removal of any building on the land - Where not exercised within the statutory 3 months - Whether to be deemed waived. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

LEASES - Recovery of possession - By the State at the expiration of a lease - Must be done in the manner prescribed by the law. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

LEASES - Sale to a 3rd party upon the expiration of the lease - Is invalid - Since appellant was still in possession - And holding over though his lease had expired. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

LEASES - State Land - Land that has been established to be a Crown or State land - Cannot be leased by private individuals. ISERU V. CATHOLIC BISHOP OF WARRI DIOCESE (1997) 4 KLR (PT 50) 618; (1997) 3 NWLR (PT. 495) 517

 

LEASES - Tenant at sufferance - Appellant that came into possession lawfully - Becomes a tenant at sufferance after expiration of the lease - Until lessor recovers possession in the manner authorized by law. OGUALAJI V. A-G RIVERS STATE (1997) 5 KLR (PT 52) 1085; (1997) 6 NWLR (PT. 508) 209

 

LEASES - Validity - Consent of the family - Whether required in this case - For a valid assignment of the lease. CHIEKE V. OLUSOGA (1997) 3 KLR (PT 49) 547; (1997) 3 NWLR (PT. 494) 390

 

LEGAL PRACTITIONERS - Admission - Trespass - Where plaintiffs’ counsel admitted that their claim is for compensation - Issue of trespass is irrelevant. UMUKORO V. NPA (1997) 5 KLR (PT 51) 954; (1997) 4 NWLR (PT. 502) 656

 

LEGAL PRACTITIONERS - Arrangement between both parties’ counsel - Were taken cognizance of by the Court in making an order - Cannot be said to be a mere private arrangement. THE VESSEL “ST ROLAND” V. OSINLOYE (1997) 4 KLR (PT 51) 797; (1997) 4 NWLR (PT. 500) 387

 

LEGISLATION - Power to enact - The Military Governor had the power - To enact the law in question. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

LIMITATION OF ACTIONS - Admission - Appellant’s contention that the action is statute barred - Whether admitted or opposed by the respondent. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

LIMITATION OF ACTIONS - Arbitration award - Statutory period of limitation - In respect of enforcement of arbitration award - Runs from the date the cause of action arose. CITY ENGINEERING LTD V. F.H.A (1997) 7 KLR (PT 54) 1874; (1997) 9 NWLR (PT. 520) 224

 

LIMITATION OF ACTIONS - Compulsory acquisition of land by government - Effect of Limitation clause on compensation - Applies to extinguish any valid right. NATIONAL HORT. RESEARCH INST. V. AYOADE (1997) 12 KLR (PT 55) 1976; (1997) 11 NWLR (PT. 530) 541

 

LIMITATION OF ACTIONS - Extension of limitation period - Infancy or unsoundness of mind of plaintiff - May extend the limitation period. NWOSU V. OFFOR (1997) 1 KLR (PT 47) 272; (1997) 2 NWLR (PT. 487) 274

 

LIMITATION OF ACTIONS - Fraud - Where right of action is concealed by fraud - Period of time commences only when the fraud is discovered. NWOSU V. OFFOR (1997) 1 KLR (PT 47) 272; (1997) 2 NWLR (PT. 487) 274

 

LIMITATION OF ACTIONS - Laches and acquiescence - And statute of Limitation defences - Cannot avail the respondent - In view of the appellants’ pleading and evidence. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

LIMITATION OF ACTIONS - Limitation Law ss. 6(2) & 16 - Apply only to title under statutory law and not customary law - And that law applies to extinguish respondents’ title. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

LIMITATION OF ACTIONS - Limitation period - Arbitration award - Effect of Scott v. Avery clause on limitation period - The clause is no more applicable in Lagos. CITY ENGINEERING LTD V. F.H.A (1997) 7 KLR (PT 54) 1874; (1997) 9 NWLR (PT. 520) 224

 

LIMITATION OF ACTIONS - Limitation period - In respect of action for damages for breach of implied promise to perform an award - Runs from the date of refusal to obey award. CITY ENGINEERING LTD V. F.H.A (1997) 7 KLR (PT 54) 1874; (1997) 9 NWLR (PT. 520) 224

 

LIMITATION OF ACTIONS - Statute bar - Action that was instituted within the limitation period - Is not statute bar - And the Court of Appeal is in error - As to the date cause of action arose. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

LIMITATION OF ACTIONS - Statute bar - Twelve months limitation specified under s. 97 (1) of the Ports Act - Action that was filed after about 3 years - Is Statute barred. UMUKORO V. NPA (1997) 5 KLR (PT 51) 954; (1997) 4 NWLR (PT. 502) 656

 

LIMITATION OF ACTIONS - Statute bar - Whether appellant’s action is caught by the two year limitation period. IBIDAPO V. LUFTHANSA AIRLINES (1997) 4 KLR (PT 50) 734; (1997) 4 NWLR (PT. 498) 124

 

LIMITATION OF ACTIONS - Statute bar - Whether the respondent’s claim - Is statute barred. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

LOCUS IN QUO - Necessity of - Where the identity of the land in dispute is not in controversy - Visit to locus is not necessary. EBOADE V. ATOMESIN (1997) 5 KLR (PT 51) 849; (1997) 5 NWLR (PT. 506) 590

 

LOCUS STANDI - Acquisition of land by government - Where plaintiff failed to prove his title - He has no locus standi to challenge the validity of the acquisition. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

MASTER & SERVANT - Dismissal - At common law - Where dismissal is in breach of the terms of the contract - The servant may consider the contract determined and sue for redress. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

MASTER & SERVANT - Dismissal - Relief for general damages - Was wrongfully abandoned. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

MASTER & SERVANT - Dismissal - Wrongful dismissal - Where a master dismisses his servant contrary to laid down procedure in the contract - The servants remedy is an action in damages. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

MATRIMONIAL CAUSES - Yoruba customary marriage - 1st respondent stood in loco parentis - To the children of her marriage. AKINNUBI V. AKINNUBI (1997) 1 KLR (PT 47) 257; (1997) 2 NWLR (PT. 486) 144

 

MORTGAGES - Governor’s consent - Where not secured before transferring rights in an existing mortgage - The instrument of transfer is null and void. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

MORTGAGES - Sale by auction - Exercise of power to sale mortgaged landed property - Whether valid. IKEANYI V. ACB LTD (1997) 2 KLR (PT 48) 373; (1997) 2 NWLR (PT. 489) 509

 

MOTION ON NOTICE - Discretion - Security for costs - Foreign plaintiff resident abroad - Discretion to order him to provide security for costs - How to be exercised properly. HOUTMANGRACHT V. ODUBA (1997) 5 KLR (PT 51) 1037; (1997) 6 NWLR (PT. 508) 185

 

MOTION ON NOTICE - Oppressive application - Security for costs - Application therefor - Is manifestly oppressive in this case. HOUTMANGRACHT V. ODUBA (1997) 5 KLR (PT 51) 1037; (1997) 6 NWLR (PT. 508) 185

 

MOTION ON NOTICE - Security for costs - Where the application for it - Is a scheme to stifle and frustrate the claim - The Court of Appeal properly dismissed the application. HOUTMANGRACHT V. ODUBA (1997) 5 KLR (PT 51) 1037; (1997) 6 NWLR (PT. 508) 185

 

MURDER - Accident - Whether the defence avails the appellant - Unto acquittal in a murder charge. IBEH V. THE STATE (1997) 1 KLR (PT 47) 134; (1997) 1 NWLR (PT. 484) 632

 

MURDER - Appeals - Dismissal - Whether the Court of Appeal - Properly dismissed the appellant’s appeal. PETER V. THE STATE (1997) 3 KLR (PT 49) 487; (1997) 3 NWLR (PT. 496) 625

MURDER - Conviction - Wrongful assessment of evidence - Whether in the face of it - Concurrent conviction of appellant can stand. IBEH V. THE STATE (1997) 1 KLR (PT 47) 134; (1997) 1 NWLR (PT. 484) 632

 

MURDER - Insanity - Lack of motive - Whether on the balance of probabilities - Appellant discharged the onus of proving insanity. MOHAMMED V. THE STATE (1997) 7 KLR (PT 54) 1766; (1997) 9 NWLR (PT. 520) 169

 

MURDER - Self defence - Where the deceased was the aggressor - Who used dangerous weapon in fighting the appellant - Appellant’s act of stabbing the deceased - Is in self defence. BRAIDE V. THE STATE (1997) 5 KLR (PT 51) 1059; (1997) 5 NWLR (PT. 504) 141

 

NATURAL JUSTICE - Audi alteram partem rule - Dismissal of appeal - By the Court of Appeal - Without looking at the counter-affidavit filed that morning - Is in breach of audi alteram partem rule. BOMOR V. EKIYOR (1997) 7 KLR (PT 54) 1571; (1997) 9 NWLR (PT. 519) 1

 

NEGLIGENCE - Res ipsa loquitur - Absence of defence to the principle - Means that plaintiffs’ case was not controverted. ODEBUNMI V. ABDULLAHI (1997) 2 KLR (PT 48) 357; (1997) 2 NWLR (PT. 489) 526

 

OBJECTIONS - Appeals - Opposition against a prayer - Where a particular prayer was not opposed - Whether appellants can now oppose it on appeal. AKINNUBI V. AKINNUBI (1997) 1 KLR (PT 47) 257; (1997) 2 NWLR (PT. 486) 144

 

OBJECTIONS - Preliminary objection - Limitation and issue of ownership of the property - Are matters to be determined on the evidence. NWOSU V. OFFOR (1997) 1 KLR (PT 47) 272; (1997) 2 NWLR (PT. 487) 274

 

OBJECTIONS - Representative action - Objection to being sued in representative capacity - Should be raised at the preliminary stage. ANABARONYE V. NWAKAIHE (1997) 1 KLR (PT 47) 190; (1997) 1 NWLR (PT. 482) 374

 

ORDERS - Extension of time - Cannot be granted by the court - To a party that has not prayed for it. OWENA BANK V. NIGERIAN STOCK EXCH. LTD (1997) 7 KLR (PT 53) 1421; (1997) 8 NWLR (PT. 515) 1

 

ORDERS - Extension of time - Where the Order is made by a non judicial Officer pursuant to the Rules of Court - It is valid. SANUSI V. ADEBIYI (1997) 12 KLR (PT 55) 1959; (1997) 11 NWLR (PT. 530) 565

 

ORDERS - Nonsuit order - Where a party has failed to claim a relief relevant to his case - Court of Appeal will not substitute an order of nonsuit for that of dismissal. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

ORDERS - Retrial - Improper consideration of evidence by trial court - And where plaintiffs’ case has not failed in toto - Retrial will be ordered. OKONKWO V. UDOH (1997) 7 KLR (PT 54) 1722; (1997) 9 NWLR (PT. 519) 16

 

ORDERS - Retrial - Land matter - Failure of plaintiffs’ claim - retrial that will amount to giving plaintiffs a second chance - Will be refused. SALAMI V. GBODOOLU (1997) 4 KLR (PT 50) 689; (1997) 4 NWLR (PT. 499) 277

 

ORDERS - Retrial - Where a court of trial fails to advert its mind to and treat all issues in controversy - And there is insufficient material before the Appeal Court - The proper order to make is one of retrial. OKONKWO V. UDOH (1997) 7 KLR (PT 54) 1722; (1997) 9 NWLR (PT. 519) 16

 

ORDERS - Retrial - Where appellants’ case was wrongfully upset by Court of Appeal - Retrial will not be upheld. EJINDU V. OBI (1997) 1 KLR (PT 47) 113; (1997) 1 NWLR (PT. 484) 505

 

ORDERS - Retrial - Wrongful rejection of admissible evidence - Where miscarriage of justice is occasioned - Retrial will be ordered - Even if it was not prayed for. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

PARTIES - Appeals - Aggrieved party - Where respondent had no more legal function to perform - It cannot be a party aggrieved - So as to be entitled to appeal. OWENA BANK V. NIGERIAN STOCK EXCH. LTD (1997) 7 KLR (PT 53) 1421; (1997) 8 NWLR (PT. 515) 1

 

PARTIES - Family land - Contention that the plaintiffs were not members of the Atomesin family - Cannot now be raised by the defendants. EBOADE V. ATOMESIN (1997) 5 KLR (PT 51) 849; (1997) 5 NWLR (PT. 506) 590

 

PARTIES - Joinder of parties - Where plaintiffs are not persons having same interest in one suit - They are not entitled to bring the action. UKATTA V. NDINAEZE (1997) 4 KLR (PT 50) 708; (1997) 4 NWLR (PT. 499) 251

 

PARTIES - Juristic person - Issue of party not being a juristic person - Whether abandoned - As no submission was presented on that issue. AKINNUBI V. AKINNUBI (1997) 1 KLR (PT 47) 257; (1997) 2 NWLR (PT. 486) 144

 

PARTIES - Necessary parties - Whether two members of appellants’ family - Were necessary parties to this suit. ANABARONYE V. NWAKAIHE (1997) 1 KLR (PT 47) 190; (1997) 1 NWLR (PT. 482) 374

 

PLEADINGS - Appeals - Issues - Not formulated in the parties’ pleadings - And not forming any ground of appeal - Cannot be dealt with by the Court of Appeal. EJINDU V. OBI (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 29313

 

PLEADINGS - Appeals - New point of law - That was not in issue in the pleadings - Cannot be raised - Where further evidence would be required. IKEANYI V. ACB LTD (1997) 2 KLR (PT 48) 373; (1997) 2 NWLR (PT. 489) 509

 

PLEADINGS - Averments - Where not proved by evidence - Are useless - And may be deemed abandoned. IDESOH V. ORDIA (1997) 2 KLR (PT 48) 459; (1997) 3 NWLR (PT. 491) 17

 

PLEADINGS - Burden of proof - In civil cases - The onus of proving particular facts is fixed by the pleadings - Onus of adducing further evidence - Is on the person who will fail. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

PLEADINGS - Consistency - Case fought on whether there was an auction sale - Plaintiff having failed to establish there was no sale - Cannot turn round to contend that sections of the Auctioneer’s Law - Were not complied with. IKEANYI V. ACB LTD (1997) 2 KLR (PT 48) 373; (1997) 2 NWLR (PT. 489) 509

 

PLEADINGS - Counterclaim amendment - Need to set it out in the statement of defence - Where an amendment of pleading is ordered - And defendant fails to include counterclaim in the amended statement of defence - The counterclaim shall be deemed abandoned. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

PLEADINGS - Defence of agency - Sought to be relied upon by the respondent - Was not pleaded and cannot be relied upon. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

PLEADINGS - Departure - a party cannot depart from his pleadings - Just as the court cannot depart from the pleaded case. UMUKORO V. NPA (1997) 5 KLR (PT 51) 954; (1997) 4 NWLR (PT. 502) 656

 

PLEADINGS - Documentary evidence - Where the document or fact pertaining thereto was not pleaded - The exhibit will not be acted upon. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

PLEADINGS - Documentary evidence - Where there is no averment connecting Exhibit A with H - Exhibit H has no significance. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

PLEADINGS - Evidence - On an issue that was not pleaded - Goes to no issue. ADEYERI V. OKOBI (1997) 6 KLR (PT 52) 1188; (1997) 6 NWLR (PT. 510) 534

 

PLEADINGS - Evidence - That is at variance with pleaded facts - Goes to no issue. ISERU V. CATHOLIC BISHOP OF WARRI DIOCESE (1997) 4 KLR (PT 50) 618; (1997) 3 NWLR (PT. 495) 517

 

PLEADINGS - Evidence - That is at variance with the pleadings - Must be disregarded - As it goes to no issue. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

PLEADINGS - Evidence - That is at variance with the averments in the pleadings - Goes to no issue and should be disregarded by the court. UZOCHUKWU V. ERI (1997) 7 KLR (PT 53) 1453; (1997) 7 NWLR (PT. 514) 535

 

PLEADINGS - Evidence which is at variance with pleadings - Goes to no issue - As parties are bound by their pleadings. PASCUTTO V. ADECENTRO NIG. LTD (1997) 12 KLR (PT 55) 1932; (1997) 11 NWLR (PT. 529) 467

 

PLEADINGS - Exhibit that was not pleaded - Admissibility of previous judgment Exh. D - Where the Exhibit was not tendered for purpose of estoppel - It need not be pleaded - If it is sought to be used in proving any other pleaded fact. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

PLEADINGS - Fact that was pleaded - Whether Court can suo motu - Raise implication of that fact - Not raised by the parties. EJINDU V. OBI (1997) 1 KLR (PT 47) 113; (1997) 1 NWLR (PT. 484) 505

 

PLEADINGS - Failure to plead - The issue of quantum meruit - Trial court was in error - To have awarded what was not claimed by way of pleadings. OLAOPA V. OBAFEMI AWOLOWO UNIVERSITY (1997) 6 KLR (PT 52) 1167; (1997) 7 NWLR (PT. 512) 204

 

PLEADINGS - Failure to plead a particular defence - Court must confine itself to pleaded issues - Save where there is need to raise a fundamental issue suo motu. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

PLEADINGS - Failure to plead a fact - Evidence in support of plaintiff’s claim - Where not pleaded - Goes to no issue. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

PLEADINGS - Fraud - Allegation of fraud in a civil matter - That was neither pleaded nor proved - Goes to no issue. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

PLEADINGS - Inconsistency - Evidence that is inconsistent with pleadings - Though already admitted inadvertently - Will be disregarded. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

PLEADINGS - Issue that was not pleaded - Execution of some documents - Issue of whether done by family head or all sections of the family - Cannot be raised as it was not pleaded. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

PLEADINGS - Land matter - Necessary material facts - Where pleaded and established by evidence - Respondent can succeed on his traditional history evidence. ANABARONYE V. NWAKAIHE (1997) 1 KLR (PT 47) 190; (1997) 1 NWLR (PT. 482) 374

 

PLEADINGS - Marine Insurance Policy - Allegation that the vessel did not sail from the stipulated port - Whether pleaded. EDOKPOLOR & CO. LTD V. BENDEL INSUR. CO. LTD (1997) 1 KLR (PT 47) 214; (1997) 2 NWLR (PT. 486) 131

 

PLEADINGS - New points - That were not pleaded nor canvassed before the trial court - Cannot be raised by the appellants. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

PLEADINGS - Purpose of pleadings - Is not to take the other party by surprise - Whether trial judge properly raised an issue - That was not pleaded. OVIAWE V. INTEGRATED RUBBER PRODUCTS LTD (1997) 3 KLR (PT 49) 469; (1997) 3 NWLR (PT. 492) 126

 

PLEADINGS - Purpose of - Where parties have joined issues on a matter - They cannot go outside that matter. EJINDU V. OBI (1997) 1 KLR (PT 47) 113; (1997) 1 NWLR (PT. 484) 505

 

PLEADINGS - Relevant documents - Pleaded in paragraphs other than the one that was struck out - Should attract court’s consideration - For a fair determination of the main issues. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

PLEADINGS - Relief that was not pleaded - Should not be granted to a party - Since the court is not a charitable institution. EDEBIRI V. EDEBIRI (1997) 4 KLR (PT 50) 672; (1997) 4 NWLR (PT. 498) 165

 

PLEADINGS - Reliefs not claimed - Where no appropriate relief was claimed - The trial court cannot make any award. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

PLEADINGS - Reply - Its proper function in the settlement of pleadings - Reply will be unnecessary - For the sole purpose of denying averment contained in the statement of defence. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

PLEADINGS - Title - Failure to plead root of title - Is fatal - As production of title documents per se - Is not sufficient proof of title. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

PLEADINGS - Title - Proof of plaintiff’s title - Cannot be attained by virtue of a mistake - Nor even by an admission in defendants’ pleadings - Since plaintiff must rely on the strength of his case. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

PRACTICE & PROCEDURE - Appeals - Estoppel - Where a party has adopted a procedure by consent - He will not be heard to say that the procedure was prejudicial to him. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

PRACTICE & PROCEDURE - Appeals - Nullification of proceedings - Failure to exhibit the proceedings and judgment sought to be nullified - Makes the application improper. LEKWOT V. JUDICIAL TRIBUNAL (1997) 7 KLR (PT 54) 1904; (1997) 8 NWLR (PT. 515) 22

 

PRACTICE & PROCEDURE - Capacity to sue - Where appellant sued as guardian ad litem - Whether court can amend the writ & pleadings - To show she was suing as next friend. AKINNUBI V. AKINNUBI (1997) 1 KLR (PT 47) 257; (1997) 2 NWLR (PT. 486) 144

 

PRACTICE AND PROCEDURE - Commencement of action - Claims partly for breach of fundamental right and partly for wrongful dismissal - Which should have been commenced by writ of summons but was not - Will be struck out as incompetent. EGBUONU V. BORNU RADIO TV. CORP (1997) 12 KLR (PT 55) 2063; (1997) 12 NWLR (PT. 531) 29

 

PRACTICE & PROCEDURE - Credibility of witnesses - Proper procedure in drawing court’s attention thereto - Is vide cross examination. ENOGA V. THE STATE (1997) 7 KLR (PT 54) 1812; (1997) 9 NWLR (PT. 519) 25

 

PRACTICE & PROCEDURE - Delay - Though found to be inordinate - Did not lead to any miscarriage of justice - As issue of credibility and demeanour of witnesses did not arise. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

PRACTICE & PROCEDURE - Delay in hearing - Whether seven years gap between hearing and judgment - Is a condemnable inordinate delay. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

PRACTICE & PROCEDURE - Dismissal of appeal - By the Court of Appeal - Without looking at the counter-affidavit filed that morning - Is in breach of audi alteram partem rule. BOMOR V. EKIYOR (1997) 7 KLR (PT 54) 1571; (1997) 9 NWLR (PT. 519) 1

 

PRACTICE & PROCEDURE - Exhibit - Admissibility of previous judgment Exh. D - Where the Exhibit was not tendered for purpose of estoppel - It need not be pleaded - If it is sought to be used in proving any other pleaded fact. EGBARAN V. AKPOTOR (1997) 7 KLR (PT 54) 1856; (1997) 7 NWLR (PT. 514) 559

 

PRACTICE & PROCEDURE - Extension of time - Where the Order is made by a non judicial Officer pursuant to the Rules of Court - It is valid. SANUSI V. ADEBIYI (1997) 12 KLR (PT 55) 1959; (1997) 11 NWLR (PT. 530) 565

 

PRACTICE & PROCEDURE - Fraud - Allegation of fraud in a civil matter - That was neither pleaded nor proved - Goes to no issue. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

PRACTICE & PROCEDURE - Filing of a claim - Where statutory provisions are made for filing of a claim - The procedure laid down ought to be followed in making such a claim. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

PRACTICE & PROCEDURE - Irregularity - In the transfer of a case - Will not nullify the entire proceedings - In all cases. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

PRACTICE & PROCEDURE - Joining of issue - Where defendants have not joined issue with plaintiffs - Minimum evidence on that issue would suffice. OTUEDON V. OLUGHOR (1997) 7 KLR (PT 54) 1731; (1997) 9 NWLR (PT. 521) 355

 

PRACTICE & PROCEDURE - Juristic person - Issue of party not being a juristic person - Whether abandoned - As no submission was presented on that issue. AKINNUBI V. AKINNUBI (1997) 1 KLR (PT 47) 257; (1997) 2 NWLR (PT. 486) 144

 

PRACTICE & PROCEDURE - Nonsuit order - Where a party has failed to claim a relief relevant to his case - Court of Appeal will not substitute an order of nonsuit for that of dismissal. ILODIBIA V. NIGERIAN CEMENT COMPANY LTD (1997) 7 KLR (PT 53) 1318; (1997) 7 NWLR (PT. 512) 174

 

PRACTICE & PROCEDURE - Non compliance - With ss. 97 and 99 of Sheriffs Act - And rule of court requiring leave for service of writ out of jurisdiction - Renders the writ and or service of it voidable. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

PRACTICE & PROCEDURE - Non compliance - With ss. 97 and 99 of the Sheriffs and Civil Process Act - Cannot be cured by the application of local rules. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

PRACTICE & PROCEDURE - Non compliance or defect - That goes to the jurisdiction of the Court is a fatal nullity - But if it is a mere irregularity - The court may ex debito justitiae set it aside. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

PRACTICE & PROCEDURE - Opposition - Where a particular prayer was not opposed - Whether appellants can now oppose it on appeal. AKINNUBI V. AKINNUBI (1997) 1 KLR (PT 47) 257; (1997) 2 NWLR (PT. 486) 144

 

PRACTICE & PROCEDURE - Orders of court - Must be confined to the terms of the application - As court must maintain a balance - And not make a case for either party. FADLALLAH V. AREWA TEXTILES LTD (1997) 7 KLR (PT 53) 1527; (1997) 8 NWLR (PT. 518) 546

 

PRACTICE & PROCEDURE - Parties - Necessary parties - Whether two members of appellants’ family - Were necessary parties to this suit. ANABARONYE V. NWAKAIHE (1997) 1 KLR (PT 47) 190; (1997) 1 NWLR (PT. 482) 374

 

PRACTICE & PROCEDURE - Preliminary objection - Limitation and issue of ownership of the property - Are matters to be determined on the evidence. NWOSU V. OFFOR (1997) 1 KLR (PT 47) 272; (1997) 2 NWLR (PT. 487) 274

 

PRACTICE & PROCEDURE - Reply - Its proper function in the settlement of pleadings - Reply will be unnecessary - For the sole purpose of denying averment contained in the statement of defence. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

PRACTICE & PROCEDURE - Representative Action - Where competent - No leave of court is required. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

 

PRACTICE & PROCEDURE - Rules of Court - Departure from the Rules - That provide for exhibition of copies of judgments - Should not be encouraged - Though the departure is reluctantly granted in this case. BOLEX ENT. LTD V. INCAR NIG. PLC (1997) 7 KLR (PT 53) 1563; (1997) 10 NWLR (PT. 526) 530

 

PRACTICE & PROCEDURE - Summary judgment - Averred defence to the claim - Which has been preliminarily determined - Cannot be a reason for not being indebted. PAN ATLANTIC LTD V. RHEIN MASS GMBH (1997) 3 KLR (PT 49) 577; (1997) 3 NWLR (PT. 493) 248

 

PRACTICE & PROCEDURE - Summary judgment - Statement of defence that disclosed no defence - Can entitle plaintiff to summary judgment. PAN ATLANTIC LTD V. RHEIN MASS GMBH (1997) 3 KLR (PT 49) 577; (1997) 3 NWLR (PT. 493) 248

 

PRACTICE & PROCEDURE - Technicalities - Courts would no more allow them make an ass of it and dent the image of justice - Appellant that has taking some steps - Cannot later complain of defect in the service of the writ. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

PRACTICE & PROCEDURE - Transfer of a case - By one high court judge to another judge - Whether erroneous use of the word “referred” - Can make the transfer invalid. EGBO V. AGBARA (1997) 1 KLR (PT 47) 1; (1997) 1 NWLR (PT. 481) 293

 

PRACTICE & PROCEDURE - Trial - Particulars - Where a party refuses to give particulars of evidence - Which he proposes to call at the trial - Trial court cannot force him. MUSA V. YERIMA (1997) 7 KLR (PT 53) 1295; (1997) 7 NWLR (PT. 511) 27

 

PRACTICE & PROCEDURE - Venue for trial - Objection by the defendant - Must be raised timeously. OGIGIE V. OBIYAN (1997) 10 KLR (PT 55) 1915; (1997) 10 NWLR (PT. 524) 179

 

PRACTICE & PROCEDURE - Writ of summons - Service thereof outside the court’s jurisdiction - Without complying with ss. 97 & 99 of the Sheriffs & Civil process Act - Renders both the writ and service thereof null and void. NEPA V. ONAH (1997) 1 KLR (PT 47) 201; (1997) 1 NWLR (PT. 484) 680

 

PRACTICE & PROCEDURE - Writ of summons - Where served in violation of ss. 97 and 99 of the Sheriffs Act - By entering unconditional appearance and filing pleadings - Defendant has waived his right to object. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

RES JUDICATA - Estoppel - Will not apply to affect a person not a party to an action - Unless he is a privy. CLAY INDUSTRIES LTD V. AINA (1997) 7 KLR (PT 54) 1603; (1997) 8 NWLR (PT. 516) 208

 

RES JUDICATA - Final judgments - In three past cases - Whether they constitute a bar to the present action. USMAN V. KUSFA (1997) 1 KLR (PT 47) 179; (1997) 1 NWLR (PT. 483) 525

 

RES JUDICATA - Ingredients - Where parties and subject matters are not the same - Past judgments sought to be relied upon - Cannot ground res judicata. USMAN V. KUSFA (1997) 1 KLR (PT 47) 179; (1997) 1 NWLR (PT. 483) 525

 

RULES OF COURT - Compliance with the Rules - Extension of time - For the giving of notice of appeal -Even where most of the prayers are not being opposed - Court has the duty to ensure compliance with the Rules. BOLEX ENT. LTD V. INCAR NIG. PLC (1997) 7 KLR (PT 53) 1563; (1997) 10 NWLR (PT. 526) 530

 

RULES OF COURT - Departure from the Rules - That provide for exhibition of copies of judgments - Should not be encouraged - Though the departure is reluctantly granted in this case. BOLEX ENT. LTD V. INCAR NIG. PLC (1997) 7 KLR (PT 53) 1563; (1997) 10 NWLR (PT. 526) 530

 

RULES OF COURT - Extension of time - To apply for leave to appeal - Conditions under which time will be extended under Order 3 rule 4 (2) of the Court of Appeal Rules, 1981 - Inquiring into the reasons for the delay may be unnecessary - Where prima facie issue of jurisdiction is raised. UKWU V. BUNGE (1997) 7 KLR (PT 53) 1512; (1997) 8 NWLR (PT. 518) 527

 

RULES OF COURT - Extension of time - Where the Order is made by a non judicial Officer pursuant to the Rules of Court - It is valid. SANUSI V. ADEBIYI (1997) 12 KLR (PT 55) 1959; (1997) 11 NWLR (PT. 530) 565

 

RULES OF COURT - Judicial division for trial - High Court Rules of Bendel State 0.6 rr. 2 & 6 - Case commenced in a wrong judicial division - Legal implications. OGIGIE V. OBIYAN (1997) 10 KLR (PT 55) 1915; (1997) 10 NWLR (PT. 524) 179

 

RULES OF COURT - Non compliance with Court of Appeal Rules - Brief of argument based on grounds of appeal rather than issues formulated - Is non compliance with the rules - But condonation thereof by the Court of Appeal does not amount to miscarriage of justice. SANUSI V. ADEBIYI (1997) 12 KLR (PT 55) 1959; (1997) 11 NWLR (PT. 530) 565

 

SPECIFIC PERFORMANCE - Purchase price - Where purchase price is not fully paid and purchaser sues for specific performance - Right to specific performance cannot be enforced. ODUSOGA V. RICKETTS (1997) 7 KLR (PT 53) 1271; (1997) 7 NWLR (PT. 511) 1

 

STATUTES - Ambiguity - Administration of Estate Law 1973 - In view of the definition part - Whether there is any ambiguity in ss. 2,3 and 4 of that statute. UGU V. TABI (1997) 7 KLR (PT 53) 1547; (1997) 7 NWLR (PT. 513) 368

 

STATUTES - Auctioneers Law - Provisions thereof - Cannot be considered in isolation from the parties case. IKEANYI V. ACB LTD (1997) 2 KLR (PT 48) 373; (1997) 2 NWLR (PT. 489) 509

 

STATUTES - Companies & Allied Matters Act s. 72(1) - Ratification of pre-incorporation contract under the Act - Applies to contracts already ratified by existing companies - And those yet to be ratified. SOCIETE GENERALE FRANCE V. SOCIETE GENERALE BANK (NIG) LTD (1997) 4 KLR (PT 50) 631; (1997) 4 NWLR (PT. 497) 8

 

STATUTES - Construction - Ejusdem generis rule of construction - When applied in relation to court of equivalent jurisdiction - Legal implications. OYENIRAN V. EGBETOLA (1997) 5 KLR (PT 51) 936; (1997) 5 NWLR (PT. 504) 122

 

STATUTES - Construction - The rule of construction of statutes - Is that they should be construed according to the intent of the legislature that promulgated them. OWENA BANK V. NIGERIAN STOCK EXCH. LTD (1997) 7 KLR (PT 53) 1421; (1997) 8 NWLR (PT. 515) 1

 

STATUTES - Cooperative Societies - S.51(1)(c) Cooperative Societies Law - Dispute between a society and its officer - Shall be referred to the Registrar - Person aggrieved by the Registrar’s order - May appeal to the appropriate authority. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

STATUTES - Existing law s. 274(1) of the 1979 Constitution - 1953 Order that made the Warsaw Convention part of our existing law - Still subsists. IBIDAPO V. LUFTHANSA AIRLINES (1997) 4 KLR (PT 50) 734; (1997) 4 NWLR (PT. 498) 124

 

STATUTES - Inconsistency - Provisions of State Law which are inconsistent with sections of the 1979 Constitution - That confer unlimited jurisdiction on the high court - Shall to the extent of such inconsistency be void. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

STATUTES - Interpretation of statutes - ‘Condition precedent’ - Employed in the interpretation of a chieftaincy law - Is different in meaning from the word ‘condition’. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

STATUTES - Interpretation rule - The law must be read as a whole - In order to understand its ordinary meaning. OYENIRAN V. EGBETOLA (1997) 5 KLR (PT 51) 936; (1997) 5 NWLR (PT. 504) 122

 

STATUTES - Land Instrument Registration Law s. 8 - Attestation to instrument executed by illiterates - Exh D3 was properly executed - In view of the nature of attestation therein. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

STATUTES - Limitation Law - Validity of deed of conveyance Exh. D2 -That was made at a time Vendors’ title was extinguished by operation of Limitation Law - Is void as it conveyed nothing. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

STATUTES - Limitation Law of Lagos State s. 63 - Has swept away the effect of Scott v. Avery Clause - On limitation period for arbitration award. CITY ENGINEERING LTD V. F.H.A (1997) 7 KLR (PT 54) 1874; (1997) 9 NWLR (PT. 520) 224

 

STATUTES - Limitation Law ss. 6(2) & 16 - Apply only to title under statutory law and not customary law - And that law applies to extinguish respondents’ title. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

STATUTES - Non compliance - With SS. 97 and 99 of the Sheriffs and Civil Process Act - Cannot be cured by the application of local rules. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

STATUTES - Non compliance - With SS. 97 and 99 of Sheriffs Act - And rule of court requiring leave for service of writ out of jurisdiction - Renders the writ and or service of it voidable. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

STATUTES - Promulgation of law - S. 239 of the 1979 Constitution - Was validly relied upon by Governor - In prescribing fees to be paid before one can institute a chieftaincy action. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

STATUTES - Public Lands Acquisition Law of Western Nigeria s. 5 - Acquisition of land by government - Respondents that had no interest when the land was acquired - Are not entitled to either notice or compensation. NATIONAL HORT. RESEARCH INST. V. AYOADE (1997) 12 KLR (PT 55) 1976; (1997) 11 NWLR (PT. 530) 541

 

STATUTES - Statutes of Fraud - And similar legislations - Court will not allow a plaintiff - Make fraudulent use of the statute. CHIEKE V. OLUSOGA (1997) 3 KLR (PT 49) 547; (1997) 3 NWLR (PT. 494) 390

 

STATUTES - Waiver - Sections 97 and 99 of the Sheriffs Act - Whose object is not of general policy - are directory and can be waived by the defendant. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

STATUTES - Waiver - Mandatory enactment - Whether ss. 97 and 99 of the Sheriffs Act can be waived - Will depend on whether the sections are mandatory or directory. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

SUCCESSION - Administration of estate - Letters of administration obtained in respect of personal estate - Will not cover real property of the intestate. UGU V. TABI (1997) 7 KLR (PT 53) 1547; (1997) 7 NWLR (PT. 513) 368

 

SUCCESSION - Administration of estate - Trespass - Reliance on letters of administration obtained in respect of personal property - In entering real property - Makes the brother of the deceased a trespasser. UGU V. TABI (1997) 7 KLR (PT 53) 1547; (1997) 7 NWLR (PT. 513) 368

 

SUPREME COURT - Damages - Reversing the awarded damages - Whether circumstances exist - To warrant Supreme Court’s interference. IHENACHO V. UZOCHUKWU (1997) 1 KLR (PT 47) 241; (1997) 2 NWLR (PT. 487) 257

 

SUPREME COURT - Interference - Provocation and private defence - Where considered and concurrently rejected - Supreme Court will not interfere. GARBA V. THE STATE (1997) 3 KLR (PT 49) 529; (1997) 3 NWLR (PT. 492) 144

 

SUPREME COURT - Interference - Issue - That deals on semantics - And does not derogate from the concurrent findings of fact - Will not ground interference. AGBAISI V. EBIKOREFE (1997) 4 KLR (PT 51) 767; (1997) 4 NWLR (PT. 502) 630

 

SUPREME COURT - Issue - That is against trial court’s judgment - Cannot be entertained by the Supreme Court. ONAMADE V. ACB LTD (1997) 1 KLR (PT 47) 48; (1997) 1 NWLR (PT. 480) 123

 

SUPREME COURT - Issues - Raising of a new issue before the Supreme Court - The general rule that it will not be allowed - Is not rigid. ADEYERI V. OKOBI (1997) 6 KLR (PT 52) 1188; (1997) 6 NWLR (PT. 510) 534

 

SUPREME COURT - Issues - An issue that was not canvassed before the Court of Appeal - Cannot be raised without leave before the supreme Court. TUKUR V. GOVERNMENT OF TARABA STATE (1997) 6 KLR (PT 52) 1238; (1997) 6 NWLR (PT. 510) 549

 

SUPREME COURT - Jurisdiction of the Supreme Court - To determine appeals - Cannot allow it hear appeals straight from the high court. J.E. OSHEVIRE LTD V. TRIPOLI MOTORS (1997) 4 KLR (PT 51) 823; (1997) 5 NWLR (PT. 503) 1

 

SUPREME COURT - Leave - Issues - That were not canvassed before the lower courts - Cannot be raised - Without leave of the Supreme Court. OGUNDARE V. OGUNLOWO (1997) 5 KLR (PT 52) 1110; (1997) 6 NWLR (PT. 509) 360

 

SUPREME COURT - Matters decided by the trial court - And not argued before the Court of Appeal - Are not competent before the Supreme Court - Save with leave of Court. OGUNDARE V. OGUNLOWO (1997) 5 KLR (PT 52) 1110; (1997) 6 NWLR (PT. 509) 360

 

SUPREME COURT - Objection - Where sought to be newly raised before the Supreme Court - Leave must be obtained. GOVERNOR IMO STATE V. NWAUWA (1997) 2 KLR (PT 48) 327; (1997) 2 NWLR (PT. 490) 675

 

SUPREME COURT - Previous decisions - That are not in conflict with later decisions - Will not be overruled. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

SUPREME COURT - Previous decision of the Supreme Court - In Murmansk’s case - On the issue of limitation period - Is binding on the Supreme Court. CITY ENGINEERING LTD V. F.H.A (1997) 7 KLR (PT 54) 1874; (1997) 9 NWLR (PT. 520) 224

 

SUPREME COURT - Raising new issue - Grounds of appeal founded on a point not raised at the Court of Appeal - And without having sought the leave of the Supreme Court - Ought to be struck out. SANUSI V. ADEBIYI (1997) 12 KLR (PT 55) 1959; (1997) 11 NWLR (PT. 530) 565

 

TORTS - Detinue action - Is based upon wrongful detention of plaintiff’s chattel - It was when appellant’s ruled that the vehicle would no longer be returned - That its possession turned adverse. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

TORTS - Detinue - Damages - Where the action in detinue cannot be maintained - N10,000.00 damages awarded will be set aside. J.E. OSHEVIRE LTD V. TRIPOLI MOTORS (1997) 4 KLR (PT 51) 823; (1997) 5 NWLR (PT. 503) 1

 

TORTS - Detinue - Or wrongful ejectment - Landlord and tenant relationship - Need not exist before any of these actions can be maintained. IHENACHO V. UZOCHUKWU (1997) 1 KLR (PT 47) 241; (1997) 2 NWLR (PT. 487) 257

 

TORTS - Detinue - Return of the chattel or its value is the primary claim - Damages if proved will also be awarded. OSEYOMON V. OJO (1997) 7 KLR (PT 54) 1827

 

TORTS - Detinue - Unequivocal demand and refusal to return the vehicle - Was not established by the plaintiff - To warrant claim in detinue. J.E. OSHEVIRE LTD V. TRIPOLI MOTORS (1997) 4 KLR (PT 51) 823; (1997) 5 NWLR (PT. 503) 1

 

TORTS - Exemplary damages - Purpose thereof - Is to punish defendant and vindicate the strength of the law - Three categories under which it may be awarded in actions in tort. ALLIED BANK V. AKUBUEZE (1997) 6 KLR (PT 52) 1202; (1997) 6 NWLR (PT. 509) 374

 

TORTS - Negligence - Res ipsa loquitur - Absence of defence to the principle - Means that plaintiffs’ case was not controverted. ODEBUNMI V. ABDULLAHI (1997) 2 KLR (PT 48) 357; (1997) 2 NWLR (PT. 489) 526

 

TORTS - Vicarious liability - Negligent driving that led to death of the deceased - Defendant’s denial of ownership of the vehicle was not established. ODEBUNMI V. ABDULLAHI (1997) 2 KLR (PT 48) 357; (1997) 2 NWLR (PT. 489) 526

 

TRESPASS - Administration of estate - Reliance on letters of administration obtained in respect of personal property - In entering real property - Makes the brother of the deceased a trespasser. UGU V. TABI (1997) 7 KLR (PT 53) 1547; (1997) 7 NWLR (PT. 513) 368

 

TRESPASS - Burden of proof - The onus is on plaintiff to prove exclusive possession of the farm land. DAKAT V. DASHE (1997) 12 KLR (PT 55) 2053; (1997) 12 NWLR (PT. 531) 46

 

TRESPASS - Claim for injunction - Where plaintiff’s claim for damages for trespass and title fail - His claim for injunction will also be dismissed. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

TRESPASS - Exclusive possessor of land - Can sue any who one trespasses even if he is neither the owner nor privy to the owner - Save a person who can establish a better title. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

TRESPASS - Exclusive long adverse possessor of land - Can maintain trespass action against original owner - Whose title has been extinguished by operation of the Limitation Law. ODEKILEKUN V. HASSAN (1997) 12 KLR (PT 55) 2026; (1997) 12 NWLR (PT. 531) 56

 

TRESPASS - Possession - Where appellants were already in possession - The plaintiff who entered the land on the ground of sale to him - Is the trespasser. LAWSON V. AJIBULU (1997) 6 KLR (PT 52) 1135; (1997) 6 NWLR (PT. 507) 14

 

TRESPASS - Possession - Where appellant’s entrance on the land was an act of trespass - Certificate of occupancy procured by him cannot ground possession. DAKAT V. DASHE (1997) 12 KLR (PT 55) 2053; (1997) 12 NWLR (PT. 531) 46

 

TRESPASS - Trespass and injunction - Claim of ownership by the defendant - Plaintiff has to prove not only possession but better title. IDESOH V. ORDIA (1997) 2 KLR (PT 48) 459; (1997) 3 NWLR (PT. 491) 17

 

TRESPASS - Trespass and injunction claims - Can only be maintained by person in possession - Act sufficient to ground possession - Is a question of fact. LADEPO V. AJANI (1997) 7 KLR (PT 54) 1709; (1997) 8 NWLR (PT. 517) 356

 

TRESPASS - Voidable transaction - Entering the land before the transaction was avoided - Is no trespass. SALAKO V. DOSUNMU (1997) 7 KLR (PT 53) 1476; (1997) 8 NWLR (PT. 517) 371

WAIVER - Contracts - Time - That was originally of the essence of the contract - Where waived subsequently - Fresh notice to complete work within a stipulated time - Would become necessary. UDOM V.. MICHELETTI & SONS LTD (1997) 7 KLR (PT 54) 1690; (1997) 8 NWLR (PT. 516) 187

 

WAIVER - Mandatory enactment - Whether ss. 97 and 99 of the Sheriffs Act can be waived - Will depend on whether the sections are mandatory or directory. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

WAIVER - Sections 97 and 99 of the Sheriffs Act - Whose object is not of general policy - are directory and can be waived by the defendant. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

WORDS & PHRASES - Appeals - “Hearing” - As envisaged under s. 258(2) of the 1979 Constitution - Is as at the closure of the parties’ addresses - And the appeal is adjourned for judgment. ISHOLA V. SOCIETE GENERALE BANK (1997) 2 KLR (PT 48) 293; (1997) 2 NWLR (PT. 488) 405

 

WORDS & PHRASES - ‘Condition precedent’ - Employed in the interpretation of a chieftaincy law - Is different in meaning from the word ‘condition’. ATOLAGBE V. AWUNI (1997) 7 KLR (PT 53) 1348; (1997) 9 NWLR (PT. 522) 536

 

WORDS & PHRASES - “Exclusive” - By its proper definition - Cannot fit into s. 41 of the Land Use Act. OYENIRAN V. EGBETOLA (1997) 5 KLR (PT 51) 936; (1997) 5 NWLR (PT. 504) 122

 

WORDS & PHRASES - “Time immemorial” - Proper meaning thereof - Respondents’ case cannot fail - Because they did not call evidence beyond human memory. NKADO V. OBIANO (1997) 5 KLR (PT 51) 891; (1997) 5 NWLR (PT. 503) 31

 

WRIT OF SUMMONS - Claims - Which should have been commenced by writ of summons but was not - Will be struck out as incompetent. EGBUONU V. BORNU RADIO TV. CORP (1997) 12 KLR (PT 55) 2063; (1997) 12 NWLR (PT. 531) 29

 

WRIT OF SUMMONS - Service - Where served in violation of ss. 97 and 99 of the Sheriffs Act - By entering unconditional appearance and filing pleadings - Defendant has waived his right to object. ODU’A INVESTMENT CO. LTD V. TALABI (1997) 7 KLR (PT 54) 1628; (1997) 10 NWLR (PT. 523) 1

 

WRIT OF SUMMONS - Service thereof outside the court’s jurisdiction - Without complying with ss. 97 & 99 of the Sheriffs & Civil process Act - Renders both the writ and service thereof null and void. NEPA V. ONAH (1997) 1 KLR (PT 47) 201; (1997) 1 NWLR (PT. 484) 680