ACTIONS - Constitutional issue - Like the question of jurisdiction is fundamental - And must be disposed of as soon as it is raised - To ensure that the proceedings is not rendered nugatory. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

ACTIONS - Constitutional rights - Enforcement procedure - By s. 42 of the Constitution original jurisdiction to entertain the matter is conferred on the High Court - And not the Supreme Court. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

ACTIONS - Declaratory action - Onus of proof - Is on the plaintiff and he must succeed on the strength of his own case - And not on the weakness of the defence except where the case for the defence supports plaintiff's case. NKWO V. IBOE (1998) 6 KLR (PT 66) 1387; (1998) 7 NWLR (PT. 558) 354

ACTIONS - Definition - "Action" and "cause of action" - How properly defined. SCHIFFAHRSKONTOR GMBH V. RIVWAY LINES LTD (1998) 4 KLR (PT 61) 769; (1998) 5 NWLR (PT. 549) 265

ACTIONS - Dismissal of plaintiff's case - On ground of bad faith and not inordinate delay to prosecute - The discretion was exercised judiciously. ECHAKA CATTLE RANCH LTD. V. N.A.C. BANK LTD. (1998) 3 KLR (PT 59) 471; (1998) 4 NWLR (PT. 547) 526

ACTIONS - Dismissal order - What could be dismissed - Is only an action legally and procedurally before the court. OVENSERI V. OSAGIEDE (1998) 7 KLR (PT 69) 1917; (1998) 11 NWLR (PT. 572) 1

ACTIONS - Dismissal - Prima facie case - Where not made out by plaintiff against the defendants - Plaintiff's claims against them ought to be dismissed - Without hearing the case of the defendants. DAODU V. N.N.P.C. (1998) 1 KLR (PT 57) 167; (1998) 2 NWLR (PT. 538) 355

ACTIONS - Estoppel by conduct - Definition of the principle. UDE V.

OSUJI (1998) 10 KLR (PT 72) 2413; (1998) 13 NWLR (PT. 580) 1

ACTIONS - Estoppel per rem judicatam - Where Exhibit "A" a judgment in a previous suit - Decided who is entitled to the chieftaincy in dispute - It operates as an estoppel per rem judicatam. OYEROGBA V. OLAOPA (1998) 12 KLR (PT 73) 2595; (1998) 13 NWLR (PT. 583) 509

ACTIONS - Evidence - Proof - Civil cases - Onus of adducing further evidence - Is on the party who would fail - If such evidence were not produced. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

ACTIONS - Freedom of association - The case of the parties - Was not fought on the constitutional right of freedom of association. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

ACTIONS - Limitation - Admiralty jurisdiction enforceable in rem - Exemption from the provisions of S. 7(1) of the Limitation Act - The Plaintiff's cause of action being one within the Admiralty jurisdiction which is enforceable in rem - The action taken to enforce its right though in personam - Is exempted from the provisions of S. 7(1). SCHIFFAHRSKONTOR GMBH V. RIVWAY LINES LTD (1998) 4 KLR (PT 61) 769; (1998) 5 NWLR (PT. 549) 265

ACTIONS - Limitation of actions - Public Officers - Limitation of actions Public Officers acting outside the bounds of their public authority - Automatically lose protection of the Limitation Law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

ACTIONS - Limitation of actions - Statute bar - Public Officers Protection Law - Respondents having been held to be public officers - Action against them commenced after 3 months - Is statute barred. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

ACTIONS - Limitation of Actions - Statute bar - Action instituted after limitation period - Is totally barred - As right to commence the action is extinguished by law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

ACTIONS - Limitation - Reckoning of the statutory period - What is barred after the statutory period is the action - Proper of definition of "action" and "cause of action" . SCHIFFAHRSKONTOR GMBH V. RIVWAY LINES LTD (1998) 4 KLR (PT 61) 769; (1998) 5 NWLR (PT. 549) 265

ACTIONS - Lis pendens doctrine - Operates to prevent the effective transfer of any real property in dispute - During the pendency of the litigation. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

ACTIONS - Lis pendens doctrine - The basis for its application - Is to prevent effective transfer of rights in property - Which is subject matter of an action pending in court. ALAKIJA V. ABDULAI (1998) 5 KLR (PT 64) 1135; (1998) 6 NWLR (PT. 552) 1

ACTIONS - Lis pendens - Where the appellants' predecessor - in - title bought the land in dispute during the pendency of litigation - He got no title as the vendors have nothing to sell. ALAKIJA V. ABDULAI (1998) 5 KLR (PT 64) 1135; (1998) 6 NWLR (PT. 552) 1

ACTIONS - Locus standi - Family land acquired by government - Portion thereof subsequently released - Was released to the 14 sections of the family - And they all have standing to sue. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

ACTIONS - Locus standi - Where the plaintiffs have ready interest in a raging controversy - They had the locus standi to institute the action. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12

NWLR (PT. 578) 320

ACTIONS - Parties - Complaint of the defendants that the two courts below considered issues between the wrong parties lacks merit - In view of the explanation given by the 2nd defendant. LADIMEJI V. SALAMI (1998) 4 KLR (PT 61) 719; (1998) 5 NWLR (PT. 548) 1

ACTIONS - Parties - Necessary party to an action - Is one whose presence is necessary - And should be bound by the result of the action. BABAYEJU V. ASHAMU (1998) 7 KLR (PT 69) 1861; (1998) 9 NWLR (PT. 567) 546

ACTIONS - Possession - Trespass - Is essentially a tort against possession - Failure of claim for title - Does not mean claim for trespass must also fail. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

ACTIONS - Proceeding with plaintiff's case - From the circumstances of this case - It is obvious appellant had no intention of prosecuting it's claim. ECHAKA CATTLE RANCH LTD. V. N.A.C. BANK LTD. (1998) 3 KLR (PT 59) 471; (1998) 4 NWLR (PT. 547) 526

ACTIONS - Public nuisance - Right of action - Of a private individual - Is available if he can prove that - He has sustained particular damage other than and beyond what might have been suffered by the general public. DAODU V. N.N.P.C. (1998) 1 KLR (PT 57) 167; (1998) 2 NWLR (PT. 538) 355

ACTIONS - Purchaser for value - Without notice of any fraud - On the proved facts - The defence of purchaser for value does not avail. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

ACTIONS - Relief not claimed - Or which is more than what was claimed - Should not be granted - As erroneously done by the trial court. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

ACTIONS - Relief sought - As an injunction follows the natural cause of events in a case - It was proper to grant the injunction in the circumstances of this case. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

ACTIONS - Sale of family land - Where declared void - Court cannot order return of the purchase price - As there was no counter claim to that effect. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

ACTIONS - Striking out the cause - For plaintiff's non appearance under O.41 r. 2 - Is different from dismissing the suit for want of prosecution. ECHAKA CATTLE RANCH LTD. V. N.A.C. BANK LTD. (1998) 3 KLR (PT 59) 471; (1998) 4 NWLR (PT. 547) 526

ACTIONS - Third Party Notice - Object - The main object of the procedure is to prevent multiplicity of actions. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

ACTIONS - Third Party Notice - Unconditional appearance - Entering of - Indicates an intention to defend the suit. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

ACTIONS - Third Party Proceedings - Has a life of its own - So that even where the main action has been settled - The 3rd party proceedings may proceed. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

ACTIONS - Torts - Trespass or conversion - Court of Appeal rightly held that plaintiff's action is in trespass and not in conversion or detinue - Circumstances under which action can be maintained in conversion or trespass. OJINI V. OGO OLUWA MOTORS LTD. (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 534) 353

ADJOURNMENT - Challenge of the Order of adjournment - Views of the parties or their counsel on the issue must be recorded - And where an Order is challenged as incompetent because the parties never addressed on it - That order must be set aside. FAWEHINMI CONST. CO. LTD. V. OBAFEMI AWOLOWO UNIV. (1998) 5 KLR (PT 64) 1171; (1998) 6 NWLR (PT. 553) 171

ADMINISTRATIVE LAW - "Appropriate authority" - In Decree No. 17 of 1984 for an office held under the Federal Government - It's definition. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

ADMINISTRATIVE LAW - "Public Officer" - Under Decree No 17 of 1984 - What it connotes. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

ADMINISTRATIVE LAW - "Public Officers" - Used within the Limitation Law - Government positions such as attorney-general although public offices - Are public officers in law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

ADMINISTRATIVE LAW - Administrative trial - Audi alteram partem principle - A person against whom a complaint is laid - Must be heard in all trials whether judicial or administrative. THE COUNCIL OF FED. POLY MUBI V. YUSUF (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 533) 343

ADMINISTRATIVE LAW - Commission of Inquiry - Complaint that the findings and recommendations of the commission are contradictory - Is unfounded - And nothing stops the State Government from acting on its white paper. OMOBORINOLA II V. MILITARY GOVERNOR OF ONDO STATE (1998) 12 KLR (PT 74) 2713; (1998) 14 NWLR (PT. 584) 89

ADMINISTRATIVE LAW - Master & Servant - Dismissal - Right to fair

hearing - Allegation of breach - The Board was not obliged to act quasi-judicially - But rather purely administratively. OSAKWE V. NIGERIAN PAPER MILL LTD. (1998) 7 KLR (PT 69) 1937; (1998) 10 NWLR (PT. 568) 1

ADMINISTRATIVE LAW - Public Officers - Limitation of actions Public Officers acting outside the bounds of their public authority - Automatically lose protection of the Limitation Law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

ADMINISTRATIVE LAW - Public Officers Protection Law - The phrase "any person" used therein - Is not limited to human beings or natural persons - But includes artificial persons known to law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

ADMINISTRATIVE LAW - Public Officers Protection Law - The phrase "any person" used therein - Is not limited to human beings or natural persons - But includes artificial persons known to law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

ADMINISTRATIVE LAW - Statute bar - Public Officers Protection Law - Respondents having been held to be public officers - Action against them commenced after 3 months - Is statute barred. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

ADMIRALTY - Cause of action enforceable in rem - Where the plaintiff proceeds by action in personam - It would not alter the nature of the cause of action - Since the question whether the action is to be in rem or in personam is one of mere procedure. SCHIFFAHRSKONTOR GMBH V. RIVWAY LINES LTD (1998) 4 KLR (PT 61) 769; (1998) 5 NWLR (PT. 549) 265

AFFIDAVITS - Admissible evidence - Documents attached to an affidavit - Constitute admissible evidence. SHITTA-BEY V. A-G

FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

AFFIDAVITS - Controversy - Affidavit evidence which were not controverted in a counter affidavit - May be regarded as duly established. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

AFFIDAVITS - Stay of execution - Counter affidavit to the applicant's motion - The Court is entitled to consider such facts put before it - With a view to exercising its discretion judicially and judiciously. CITYMARK (WEST AFRICA) LTD. V. LSDPC (1998) 7 KLR (PT 68) 1755; (1998) 8 NWLR (PT. 563) 681

AGENCY - Account - Agent is to keep his principal's money separate from his - An accounting party is to be constantly ready with his accounts. GODWIN V. THE CHRIST APOSTOLIC CHURCH (1998) 12 KLR (PT 73) 2465; (1998) 14 NWLR (PT. 584) 162

ALIBI - Onus - Is on the accused to prove where he was at the time of the incident - And once the defence is put up it is for the Police to investigate it properly - As failure to do so could lead to the conviction being quashed. ONUCHUKWU V. THE STATE (1998) 4 KLR (PT 62) 815; (1998) 4 NWLR (PT. 547) 576

ALIBI - Plea of alibi - Is demolished if the Prosecution adduces sufficient evidence - To fix the person at the scene of crime at the material time - But in the present case there was no such evidence. ONUCHUKWU V. THE STATE (1998) 4 KLR (PT 62) 815; (1998) 4 NWLR (PT. 547) 576

ALIBI - Plea of Alibi - The courts below were right in accepting the positive evidence that the appellants were fixed at the scene of crime - Thus destroying their defence of alibi. BASHAYA V. THE STATE (1998) 4 KLR (PT 63) 1001; (1998) 5 NWLR (PT. 550) 351

APPEALS - Brief - Argument - Where based on the grounds of appeal

rather than the issues - The court was generous to overlook the defect. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

APPEALS - Complaint of appellant - That alleged error of trial court - Was not considered by the Court of Appeal - Is not justified - In spite of a slip by that court. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

APPEALS - Concurrent findings of fact - Based on admissible evidence - And that were not perverse - The Supreme Court will not interfere. UAC NIG. LTD. V. FASHEYITAN (1998) 7 KLR (PT 69) 1889; (1998) 11 NWLR (PT. 573) 179

APPEALS - Concurrent findings of fact - By the two lower courts - Will not be disturbed by the Supreme Court - Without any convincing ground. VANDERPUYE V. GBADEBO (1998) 2 KLR (PT 58) 287; (1998) 3 NWLR (PT. 541) 271

APPEALS - Concurrent findings of fact - That has not been shown to be perverse or patently erroneous - There is no reason to interfere with same. AGBABIAKA V. SAIBU (1998) 7 KLR (PT 70) 2151; (1998) 10 NWLR (PT. 571) 534

APPEALS - Concurrent findings of fact - The Supreme Court has no duty in interfering with concurrent findings of fact - Unless they are shown to be perverse. AHMED V. THE STATE (1998) 7 KLR (PT 69) 1835; (1998) 9 NWLR (PT. 566) 389

APPEALS - Concurrent findings of fact - Where supported by evidence - And are not perverse nor arrived at as a result of wrong application of any principle of law - Will not be interfered with. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

APPEALS - Concurrent findings of fact - Which are supported by sufficient evidence would not be disturbed - Unless there is some

miscarriage of justice. NKWO V. IBOE (1998) 6 KLR (PT 66) 1387; (1998) 7 NWLR (PT. 558) 354

APPEALS - Concurrent findings of fact - Which have not been shown to amount to a miscarriage of Justice - Or in any way perverse - Will not be interfered with. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

APPEALS - Concurrent findings of fact - Which were not shown to be in breach of any law or procedure or has otherwise occasioned a miscarriage of justice or is perverse - Will not be interfered with. ODENIJI V. AKINPELU (1998) 5 KLR (PT 65) 1259; (1998) 7 NWLR (PT. 557) 174

APPEALS - Concurrent findings of fact - Will not be disturbed unless they have been shown to be perverse - And the appellants have failed to show this in the present case. BASHAYA V. THE STATE (1998) 4 KLR (PT 63) 1001; (1998) 5 NWLR (PT. 550) 351

APPEALS - Concurrent findings of facts - Will not be disturbed by the Supreme Court - Save where the findings are perverse or substantially erroneous. OLADELE V. ANIBI (1998) 7 KLR (PT 68) 1659; (1998) 9 NWLR (PT. 567) 559

APPEALS - Concurrent findings - Of both the trial and appellate court - Have not been shown to be wrong or perverse - To warrant interference by the Supreme Court. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

APPEALS - Concurrent findings - Where not appealed against - And there is no proof of miscarriage of justice - Supreme Court will not disturb the findings. GODWIN V. THE CHRIST APOSTOLIC CHURCH (1998) 12 KLR (PT 73) 2465; (1998) 14 NWLR (PT. 584) 162

APPEALS - Constitution of appeal court - Where out of three justices hearing an appeal only two were present at the delivery of the

judgment - The proceedings is not vitiated. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

APPEALS - Court of Appeal Act 1976 - General powers under s. 16 - May be resorted to by the Court of Appeal in dealing with wrongful admission or rejection of evidence - By taking one of three steps. OKOBIA V. AJANYA (1998) 5 KLR (PT 65) 1277; (1998) 6 NWLR (PT. 554) 348

APPEALS - Damages - Review by appellate court - Where satisfied that the amount awarded is a wholly erroneous estimate of the damage - Disturbing the trial court's award is justified. OJINI V. OGO OLUWA MOTORS LTD. (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 534) 353

APPEALS - Default judgment - Application to set aside - Is prima facie not an abuse of process - Where neither the appeal filed by the applicant was entered nor was the order on the default judgment drawn up. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

APPEALS - Dismissal of appeal - Default in filing brief of appeal - Failure to apply for extension of time - Dismissal of the appeal for want of prosecution cannot be revived under the Rules. BABAYAGI V. BIDA (1998) 1 KLR (PT 57) 185; (1998) 2 NWLR (PT. 538) 367

APPEALS - Dismissal of appeal for want of prosecution - Where appellant failed to file his brief within the stipulated time - And the application for dismissal was served on him - Dismissal pursuant to O.6 r. 10 Court of Appeal Rules - Will not be disturbed. BABAYAGI V. BIDA (1998) 1 KLR (PT 57) 185; (1998) 2 NWLR (PT. 538) 367

APPEALS - Dismissal - Of the application for extension of time - Where it amounts to a miscarriage of justice - The exercise of discretion by the Court will be disturbed. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

APPEALS - Dismissal or striking out of appeal - Where either order can be justified on alternative grounds - Supreme Court will not interfere with the dismissal order made by the Court of Appeal. SANUMI V. GOVERNOR ONDO STATE (1998) 1 KLR (PT 56) 27; (1998) 1 NWLR (PT. 534) 365

APPEALS - Dismissal - Suo motu by the Court of Appeal - For failure to file appellant's brief - The Court acted within its powers. AKUJINWA V. NWAONUMA (1998) 12 KLR (PT 73) 2621; (1998) 13 NWLR (PT. 583) 632

APPEALS - Evaluation of evidence - Where the finding of fact in issue was as a result of a proper evaluation of the evidence by the trial court - The Court of Appeal was in error to have interfered with the finding. AGBABIAKA V. SAIBU (1998) 7 KLR (PT 70) 2151; (1998) 10 NWLR (PT. 571) 534

APPEALS - Evaluation of evidence - Where the trial judge rightly summarized and evaluated the evidence which was upheld by the Court of Appeal - This will not be disturbed unless shown to be perverse. OSHO V. APE (1998) 6 KLR (PT 67) 1571; (1998) 8 NWLR (PT. 562) 492

APPEALS - Evaluation of evidence - Where there are clear contradictions in the evidence adduced by the prosecution witnesses - And the trial judge erroneously formed the impression that they are witnesses of truth - The appellate Court is entitled to re evaluate the evidence and make its own assessment. ONUCHUKWU V. THE STATE (1998) 4 KLR (PT 62) 815; (1998) 4 NWLR (PT. 547) 576

APPEALS - Evidence - Additional evidence on appeal - Authenticity thereof was questioned by the other side - And the witness ought to be recalled for cross-examination. OKPANUM V. S.G.E NIG. LTD (1998) 5 KLR (PT 65) 1323; (1998) 7 NWLR (PT. 559) 537

APPEALS - Evidence - Admissibility - Inadmissible  evidence which

was not objected to - This will not affect its inadmissibility - As parties cannot by consent admit in evidence that which by law is inadmissible. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

APPEALS - Evidence - Admission of an exhibit which was prominently made an issue throughout the lower courts proceedings by the Court of Appeal - Is in order - Even if it does not arise from any of the grounds of appeal. UMARU V. ABDUL-MUDALLABI (1998) 7 KLR (PT 69) 1955; (1998) 11 NWLR (PT. 573) 247

APPEALS - Evidence - Conjecture - The Appellate Court will not make a conjecture on a point - Where there is no evidence. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

APPEALS - Evidence - Contradictions - Alleged in respect of evidence of some witnesses - Is unfounded. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

APPEALS - Evidence - Lower courts holding that appellants' evidence was at variance with their pleadings - Is a total misconception of their case. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

APPEALS - Evidence - Proof - Where the plaintiff raised an issue but led no evidence in proof thereof - The issue is deemed to have been abandoned - And whatever the Court of Appeal said thereon went to no issue. OMOBORINOLA II V. MILITARY GOVERNOR OF ONDO STATE (1998) 12 KLR (PT 74) 2713; (1998) 14 NWLR (PT. 584) 89

APPEALS - Evidence - Wrongful exclusion of evidence - Where a trial court wrongfully excluded evidence - And the Appeal Court cannot reasonably hold that the decision of the trial court - Would have been the same if the evidence had been admitted - The decision will be set aside. OKOBIA V. AJANYA (1998) 5 KLR (PT 65) 1277; (1998) 6 NWLR (PT. 554) 348

APPEALS - Extension of time to appeal - Good reasons for failure to appeal within time must be shown - Grounds of appeal must prima facie show good cause - Before the application will be granted. FEDERAL HOUSING AUTHORITY V. ABOSEDE (1998) 1 KLR (PT 57) 203; (1998) 2 NWLR (PT. 537) 177

APPEALS - Extension of time to appeal - Proposed grounds of appeal - Did not merit the grant of the application. FEDERAL HOUSING AUTHORITY V. ABOSEDE (1998) 1 KLR (PT 57) 203; (1998) 2 NWLR (PT. 537) 177

APPEALS - Extension of time to appeal - Where no cogent reason for the delay was given - The application was rightly refused. FEDERAL HOUSING AUTHORITY V. ABOSEDE (1998) 1 KLR (PT 57) 203; (1998) 2 NWLR (PT. 537) 177

APPEALS - Judgments - Where by an accidental slip a justice who did not partake in the appeal - Appeared in the record as delivering a concurring judgment - The judgment is not incompetent in view of the provisions of s. 258(3) of the 1979 Constitution. SHUAIBU V. NIGERIA-ARAB BANK LTD. (1998) 4 KLR (PT 62) 891; (1998) 5 NWLR (PT. 551) 582

APPEALS - Finding - Possession - Trial court's finding of possession and better title in favour of appellants - Was erroneously interfered with by the Court of Appeal. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

APPEALS - Findings by the trial judge - Affirmed by the Court of Appeal - Will not be interfered with - As no just cause was shown. OLADELE V. ANIBI (1998) 7 KLR (PT 68) 1659; (1998) 9 NWLR (PT. 567) 559

APPEALS - Findings of court - Arguments that findings were not based on evidence - Is misconceived - As the court thoroughly considered the evidence - And came to an unimpeachable conclusion. SHUAIBU V.

NIGERIA-ARAB BANK LTD. (1998) 4 KLR (PT 62) 891; (1998) 5 NWLR (PT. 551) 582

APPEALS - Findings of fact - Where there was nothing on the record to show that such findings were erroneous - The Appeal Court would dismiss the appeal. AHMED V. THE STATE (1998) 7 KLR (PT 69) 1835; (1998) 9 NWLR (PT. 566) 389

APPEALS - Findings of trial court - Inconsistent and erroneous findings - Affirmed by the Court of Appeal - Cannot be allowed to stand. AGBOMEJI V. BAKARE (1998) 7 KLR (PT 68) 1687; (1998) 9 NWLR (PT. 564) 1

APPEALS - Findings on facts - Where the appeal revolves on issues of facts - And there is nothing to show that the findings on such facts are erroneous - The appellate Court will dismiss the appeal. BASHAYA V. THE STATE (1998) 4 KLR (PT 63) 1001; (1998) 5 NWLR (PT. 550) 351

APPEALS - Findings - Supported by the evidence before the court - And are not perverse or reached as a result of a violation of any principle of law - Will not be faulted. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

APPEALS - Fresh point - Raising of fresh point not previously raised at the lower courts - Will not be allowed at the Supreme Court - Unless no further evidence is required and the point arose from an issue raised in the pleadings. OSHO V. APE (1998) 6 KLR (PT 67) 1571; (1998) 8 NWLR (PT. 562) 492

APPEALS - Fundamental rights - The question whether or not the appellant is or has been subjected to torture - Contrary to S. 31(1) (a) of the Constitution - Cannot be decided in the present appeal as it is not intrinsic to it. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

APPEALS - Further evidence - Exhibits which did not constitute

further evidence - The Court of Appeal was wrong to refer to and rely on the exhibits - In arriving at its judgment. OKPANUM V. S.G.E NIG. LTD (1998) 5 KLR (PT 65) 1323; (1998) 7 NWLR (PT. 559) 537

APPEALS - Further evidence - Power to grant leave to adduce new evidence - The principles which an appellate Court must take into consideration. OKPANUM V. S.G.E NIG. LTD (1998) 5 KLR (PT 65) 1323; (1998) 7 NWLR (PT. 559) 537

APPEALS - Further evidence - Where the Court was irregularly constituted - The exhibits received as additional evidence were irregularly received - And a decision based on them goes to no issue. OKPANUM V. S.G.E NIG. LTD (1998) 5 KLR (PT 65) 1323; (1998) 7 NWLR (PT. 559) 537

APPEALS - Further evidence - Where the parties did not join issue - And the proposed further evidence was not pleaded - It goes to no issue. OKPANUM V. S.G.E NIG. LTD (1998) 5 KLR (PT 65) 1323; (1998) 7 NWLR (PT. 559) 537

APPEALS - Ground of appeal - Where its factual basis does not exist - The ground and the issue distilled from it are incompetent - As well as the arguments based on it. ALAKIJA V. ABDULAI (1998) 5 KLR (PT 64) 1135; (1998) 6 NWLR (PT. 552) 1

APPEALS - Ground of appeal - Which shows the trial court erred in law in admitting inadmissible evidence and rejecting admissible evidence - Is proper - And gives the Court of Appeal power to consider the documents that were tendered during trial but rejected. OKOBIA V. AJANYA (1998) 5 KLR (PT 65) 1277; (1998) 6 NWLR (PT. 554) 348

APPEALS - Grounds of appeal - Competence - Where the issue was not raised at the Court below - The appellant is estopped from complaining about it. OKOBIA V. AJANYA (1998) 5 KLR (PT 65) 1277; (1998) 6 NWLR (PT. 554) 348

APPEALS - Grounds of appeal - Decision of the Court of Appeal -

Which failed to advert to the new grounds of appeal filed by the appellant - But was based on issues formulated on them - Did not amount to any miscarriage of justice. OKONKWO V. OKONKWO (1998) 7 KLR (PT 70) 2031; (1998) 10 NWLR (PT. 571) 554

APPEALS - Grounds of appeal - Incompetent ground of appeal - The Court of Appeal can strike out of its own motion - An incompetent ground of appeal. AGBAKA V. AMADI (1998) 7 KLR (PT 70) 2107; (1998) 11 NWLR (PT. 572) 16

APPEALS - Grounds of appeal - Issues for determination not arising therefrom - And arguments on any issues not predicated thereon - Will be discountenanced. OKELOLA V. BOYLE (1998) 1 KLR (PT 57) 129; (1998) 2 NWLR (PT. 539) 533

APPEALS - Grounds of appeal - Leave - Grounds that deal with questions of fact - Instead of law alone as they were framed - Will be struck out for failure to obtain leave. GODWIN V. THE CHRIST APOSTOLIC CHURCH (1998) 12 KLR (PT 73) 2465; (1998) 14 NWLR (PT. 584) 162

APPEALS - Grounds of appeal - That is incompetent - Any issue for determination based on it goes to no issue - And should be struck out. AGBAKA V. AMADI (1998) 7 KLR (PT 70) 2107; (1998) 11 NWLR (PT. 572) 16

APPEALS - Hearing - Briefs of argument - Oral amplification - Parties must not proffer oral submissions in amplification of their respective briefs. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

APPEALS - Hearing - Fresh issue surfacing at the close of hearing - And which was the kernel of the appeal - Where court did not recall parties to address it on the point - Pronouncement made thereon is totally incompetent. IROM V. OKIMBA (1998) 2 KLR (PT 58) 301; (1998) 3 NWLR (PT. 540) 19

APPEALS - Interference with findings of fact - Will not Ordinarily be done by appellate court - Save in some exceptional circumstances - Such as where the findings are perverse. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

APPEALS - Interlocutory decision - A decision made by the Trial court on wrongful admission or rejection of evidence - Is part of the main trial and not an interlocutory decision - Unless a special case has been made in respect of the issue. OKOBIA V. AJANYA (1998) 5 KLR (PT 65) 1277; (1998) 6 NWLR (PT. 554) 348

APPEALS - Interpleader proceedings - Jurisdiction of Court of Appeal - Where the interpleader decision is final - And the appeal was lodged within the statutory period - The Court of Appeal has jurisdiction. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

APPEALS - Islamic Law - Prescription - Raising of the issue suo motu by the Court of Appeal is wrong - And whatever it decided on the point goes to no issue. UMARU V. ABDUL-MUDALLABI (1998) 7 KLR (PT 69) 1955; (1998) 11 NWLR (PT. 573) 247

APPEALS - Issue - Newly raised before the Supreme Court - Is incompetent - As appeal does not lie from the High Court to the Supreme Court. ALAKIJA V. ABDULAI (1998) 5 KLR (PT 64) 1135; (1998) 6 NWLR (PT. 552) 1

APPEALS - Issue - Newly raised before the Supreme Court - Without leave - Will be struck out for being incompetent. GODWIN V. THE CHRIST APOSTOLIC CHURCH (1998) 12 KLR (PT 73) 2465; (1998) 14 NWLR (PT. 584) 162

APPEALS - Issue - Raising a fresh issue for the parties - Is to be avoided as much as possible - Except where serious issues of law or the Constitution is involved. IROM V. OKIMBA (1998) 2 KLR (PT 58) 301; (1998) 3 NWLR (PT. 540) 19

APPEALS - Issue - Raising a fresh issue suo motu - Without hearing the parties on the issue - And abandoning the issues raised by the parties - Amounts to denial of justice. IROM V. OKIMBA (1998) 2 KLR (PT 58) 301; (1998) 3 NWLR (PT. 540) 19

APPEALS - Issue - That cannot be related to any ground of appeal - And without obtaining leave of court - Will be struck out. KALA V. POTISKUM (1998) 1 KLR (PT 57) 231; (1998) 3 NWLR (PT. 540) 1

APPEALS - Issue - That was declared incompetent before the Court of Appeal - Where not appealed against before the Supreme Court - Appellant's complaint based on that issue cannot hold. SANUMI V. GOVERNOR ONDO STATE (1998) 1 KLR (PT 56) 27; (1998) 1 NWLR (PT. 534) 365

APPEALS - Issues for determination - Must be related to the grounds of appeal - Issues are to be argued in the brief and not the grounds of appeal. UAC NIG. LTD. V. FASHEYITAN (1998) 7 KLR (PT 69) 1889; (1998) 11 NWLR (PT. 573) 179

APPEALS - Issues - Formulation by court - Court of Appeals observation on visit to the locus in quo - Does not amount to formulating issues for the parties. DAODU V. N.N.P.C. (1998) 1 KLR (PT 57) 167; (1998) 2 NWLR (PT. 538) 355

APPEALS - Issues - Should not ordinarily be raised suo motu by an appellate court - But where raised no decision should be based on it - Unless the parties are afforded the opportunity of being heard. UMARU V. ABDUL-MUDALLABI (1998) 7 KLR (PT 69) 1955; (1998) 11 NWLR (PT. 573) 247

APPEALS - Issues - That were not related to any ground of appeal - Will be struck out though the issues were argued. GODWIN V. THE CHRIST APOSTOLIC CHURCH (1998) 12 KLR (PT 73) 2465; (1998) 14 NWLR (PT. 584) 162

APPEALS - Judgment - Decision of a member who participated at the

hearing and conference - Could on account of death or the other reasons - Be pronounced or read by another justice. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

APPEALS - Judgment - Error therein - It is only when an error is substantial - In that it occasioned a miscarriage of justice - That an appeal court is bound to interfere. AGBABIAKA V. SAIBU (1998) 7 KLR (PT 70) 2151; (1998) 10 NWLR (PT. 571) 534

APPEALS - Judgments - Comments by the Court of Appeal - Which in no way affected what the learned trial judge had done - Is not a confirmation of the judgment on grounds other than those relied upon by the trial court. OMOBORINOLA II V. MILITARY GOVERNOR OF ONDO STATE (1998) 12 KLR (PT 74) 2713; (1998) 14 NWLR (PT. 584) 89

APPEALS - Judgments - Error - Which has not occasioned any injustice - Must be treated by the appellate court as immaterial. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

APPEALS - Judgments - The test to be applied in deciding whether an order is final or interlocutory - Is the one which looks at the order made and not at the nature of the proceedings - And the determinant factor is whether the rights of the parties are finally disposed of by the order appealed against. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

APPEALS - Jurisdiction - The question can be raised at any stage of the proceedings or on appeal - As a substantive point of law. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

APPEALS - Jurisdiction - To entertain a cause - Once an appeal is duly entered in an appellate court - The court has jurisdiction to entertain

the cause. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

APPEALS - Leave of court - Retrial - Alternative prayer for an order of retrial - Leave of Supreme Court is not necessary to raising the prayer. KALA V. POTISKUM (1998) 1 KLR (PT 57) 231; (1998) 3 NWLR (PT. 540) 1

APPEALS - Locus standi - Where the defendants did not cross-appeal in the Court of Appeal - It is late to raise the issue in the Supreme Court. OVENSERI V. OSAGIEDE (1998) 7 KLR (PT 69) 1917; (1998) 11 NWLR (PT. 572) 1

APPEALS - Misconception of issues - Alleged against the Court of Appeal - Is unfounded - And the concurrent findings in this case will not be disturbed. UCHE V. EKE (1998) 7 KLR (PT 68) 1671; (1998) 9 NWLR (PT. 564) 24

APPEALS - Motion to set aside judgment - On the ground of likelihood of bias - Is misconceived as the two cases exhibited are not in respect of the same suit - And the issues that called for determination in the cases are completely different. ADEFULU V. OKULAJA (1998) 4 KLR (PT 63) 965; (1998) 5 NWLR (PT. 550) 435

APPEALS - Negligence of the appellants - Where the Court of Appeal based on mere speculation found the appellants guilty of negligence - And refused their application - It is a wrong exercise of discretion. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

APPEALS - New case - Allegation that Court of Appeal formulated a new case for the respondent - Is not correct - As that court entered judgment that was less than the amount claimed. METAL CONSTRUCTION LTD. V. ABODERIN (1998) 6 KLR (PT 67) 1599; (1998) 8 NWLR (PT. 563) 538

APPEALS - Notice of appeal - When the trial court granted the

application to set aside its default judgment - The notice of appeal pending became impliedly abandoned. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

APPEALS - Observation by Court of Appeal - Does not amount to a reversal of trial court's finding - That 1st defendant was not a witness of truth. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

APPEALS - Order - Notice of discontinuance - Where it is invalid - The Court below ought to have remitted the case to the High Court for hearing - But there is no invalidity in the present case. AGHADIUNO V. ONUBOGU (1998) 4 KLR (PT 61) 681; (1998) 5 NWLR (PT. 548) 16

APPEALS - Order of a new trial - In view of the findings of the registrar which were not appealed against - And that no miscarriage of justice was occasioned - Nothing can be gained from an order of a new trial. NABISCO INC. V. ALLIED BISCUITS CO. LTD. (1998) 7 KLR (PT 69) 1901; (1998) 10 NWLR (PT. 568) 16

APPEALS - Order - Signed by a single justice of the Court of Appeal - This does not make it the order of a single justice. AKUJINWA V. NWAONUMA (1998) 12 KLR (PT 73) 2621; (1998) 13 NWLR (PT. 583) 632

APPEALS - Orders - Appeal against an order of dismissal - The Court of Appeal was right to make the order which the trial court ought to have made - By applying s. 16 Court of Appeal Act. OVENSERI V. OSAGIEDE (1998) 7 KLR (PT 69) 1917; (1998) 11 NWLR (PT. 572) 1

APPEALS - Pleadings - Traverse - Simple denial of a major issue of ownership of vehicle in a traverse - Without pleading more facts - Lower courts rightly held that 1st respondent was owner of the vehicle. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

APPEALS - Preliminary objection - Alleged error that arose in the court below - Can only be considered before the Supreme Court and not the lower Court. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

APPEALS - Preliminary objection - Submission that a ground of appeal is incompetent - Because it complains against concurrent findings - Is not a matter for preliminary objection. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

APPEALS - Preliminary Objection - Notice of - The purpose is to give the adversary an opportunity of reacting to the objection. AGBAKA V. AMADI (1998) 7 KLR (PT 70) 2107; (1998) 11 NWLR (PT. 572) 16

APPEALS - Procedural error - Contention that the lower Court should have considered the cross appeal first - Because it raised the plea of res judicata - Is irrelevant. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

APPEALS - Relief not claimed - Or which is more than what was claimed - Should not be granted - As erroneously done by the trial court. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

APPEALS - Remark by a Justice - Which did not amount to a decision within s. 277 (1) of the 1979 Constitution - Cannot be made the subject of appeal. SHUAIBU V. NIGERIA-ARAB BANK LTD. (1998) 4 KLR (PT 62) 891; (1998) 5 NWLR (PT. 551) 582

APPEALS - Respondent's notice - It's effect - Is only to vary and retain the judgment - But not its reversal. NABISCO INC. V. ALLIED BISCUITS CO. LTD. (1998) 7 KLR (PT 69) 1901; (1998) 10 NWLR (PT. 568) 16

APPEALS - Respondent's notice - That did not comply with the

requirements - Of Order 3 rule 14 of the Court of Appeal Rules - Is incompetent - And should be struck out. NABISCO INC. V. ALLIED BISCUITS CO. LTD. (1998) 7 KLR (PT 69) 1901; (1998) 10 NWLR (PT. 568) 16

APPEALS - Retrial before another Judge - Was rightly granted by the Court of Appeal - Though it was not prayed for by either party. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

APPEALS - Retrial - Issue that was given full treatment - And what was decided cannot be said to amount to a substantial miscarriage of justice - No retrial is necessary. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

APPEALS - Retrial order - Is not appropriate where the plaintiff's case failed in toto - And no irregularity is apparent on the records or shown to the court - The order of dismissal was properly made. UDIH V. IDEMUDIA (1998) 3 KLR (PT 59) 423; (1998) 4 NWLR (PT. 545) 231

APPEALS - Retrial - Traditional history in land matter - Where not considered nor resolved - Retrial will be ordered. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

APPEALS - Retrial - Traditional history in land matter - Where not considered nor resolved - Retrial will be ordered. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

APPEALS - Reversal - Setting aside the decision of the trial court - Which was not the result of a proper appraisal and evaluation of the evidence - Was correct. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

APPEALS - Suo motu raising of issue - By the court below - Is erroneous - But it will not result in the appeal being allowed - As no miscarriage of justice was occasioned. IBRAHIM V. JUDICIAL SERVICE

COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

APPEALS - Supreme Court - Alternative issue - When not to be considered by the Supreme Court - As a court of last resort. AGBASI V. OBI (1998) 1 KLR (PT 56) 39; (1998) 2 NWLR (PT. 536) 1

APPEALS - Title - Proving the boundaries and title to a smaller parcel of land - Erroneous grant of title to the entire land verged green by the lower courts - Will be amended by the Supreme Court - By granting title to the smaller parcel verged pink. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

APPEALS - Traditional history - Of each side - Where not considered no resolved by the trial court - Retrial ought to have been ordered by the court below. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

APPEALS - Traditional history - Resolving the issue of the parties' rival traditional history - Can only be done by the trial court and not the Court of Appeal. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

APPEALS - Witnesses - Credibility of - The appellate court can only interfere - Where the trial court decides to believe a witness quite contrary to the trend of accepted evidence - Or where oral testimony is contrary to the contents of a written document. NDUKWE V. ACHA (1998) 5 KLR (PT 64) 1113; (1998) 6 NWLR (PT. 552) 25

BANKING - Indebtedness - Appellant's unreasonable proposal on payment of overdue bank loan - Show lack of intention to settle the indebtedness. ECHAKA CATTLE RANCH LTD. V. N.A.C. BANK LTD. (1998) 3 KLR (PT 59) 471; (1998) 4 NWLR (PT. 547) 526

BANKING - Loan - Where parties joined issues as to the principal sum owed - But defendant led evidence to prove same which was admitted by the plaintiff - Court was right to find for the defendant. ARTRA IND.

LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

BANKING - Proceeds of bank drafts - From an illegal transaction - Need for court to order that the proceeds be returned to the Central Bank. ALAO V. ACB LTD. (1998) 2 KLR (PT 58) 311; (1998) 3 NWLR (PT. 542) 339

CHIEFTAINCY MATTERS - Constitutional Law - Chieftaincy law that seeks to circumscribe the provisions of the Constitution - Is void and of no effect. OFFOR V. OSAGIE II (1998) 1 KLR (PT 57) 217; (1998) 3 NWLR (PT. 541) 205

CHIEFTAINCY MATTERS - Election - Where the 1st respondent was properly nominated - And there is convincing evidence that he is a popular choice for the stool - He was rightly elected in accordance with the native law and custom. OKOBIA V. AJANYA (1998) 5 KLR (PT 65) 1277; (1998) 6 NWLR (PT. 554) 348

CHIEFTAINCY MATTERS - Estoppel per rem judicatam - Where Exhibit "A" a judgment in a previous suit - Decided who is entitled to the chieftaincy in dispute - It operates as an estoppel per rem judicatam. OYEROGBA V. OLAOPA (1998) 12 KLR (PT 73) 2595; (1998) 13 NWLR (PT. 583) 509

CHIEFTAINCY MATTERS - Interlocutory injunction - Balance of convenience - Is in favour of the plaintiff who has a letter of appointment - Unlike the appellant who was merely parading himself. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

CHIEFTAINCY MATTERS - Interlocutory injunction - Continuing acts - Where the act of the appellant complained of - Is that he is parading himself as the appointee to the stool in issue - It is a continuing act and not a concluded act. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

CHIEFTAINCY MATTERS - Interlocutory injunction - Preservation of the res - The res to be preserved - On the particular facts of the instant case - Is the appointment of the plaintiff to the chieftaincy stool in issue. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

CHIEFTAINCY MATTERS - Judicial precedents - Jurisdiction of high court to pronounce on Chieftaincy Edict - Supreme Court decision in Labiyi's case - Was followed by the Court of Appeal. SANUMI V. GOVERNOR ONDO STATE (1998) 1 KLR (PT 56) 27; (1998) 1 NWLR (PT. 534) 365

CHIEFTAINCY MATTERS - Jurisdiction - Powers of the high court - The Edict in issue derogates from the powers of the high court - To entertain Chieftaincy suits. OFFOR V. OSAGIE II (1998) 1 KLR (PT 57) 217; (1998) 3 NWLR (PT. 541) 205

CHIEFTAINCY MATTERS - Settlement of chieftaincy disputes - Though it can be vide a domestic forum - An aggrieved person should have free access to court. OFFOR V. OSAGIE II (1998) 1 KLR (PT 57) 217; (1998) 3 NWLR (PT. 541) 205

CHIEFTAINCY MATTERS - Traditional evidence - Where the respondents gave convincing traditional evidence as against the contradictory evidence adduced by the appellants - The trial court was perfectly right when it applied the test on traditional evidence as enunciated by the authorities to find for the respondents. ODENIJI V. AKINPELU (1998) 5 KLR (PT 65) 1259; (1998) 7 NWLR (PT. 557) 174

CLAIMS - Counter claim - Is entitled to fail - Where cogent reason was not advanced to buttress it. VANDERPUYE V. GBADEBO (1998) 2 KLR (PT 58) 287; (1998) 3 NWLR (PT. 541) 271

CLAIMS - Counter claim - Quantum meruit - Award of damages on the basis of quantum meruit - Where there was no counter claim to that effect - Such damages cannot be awarded. KNGHT FRANK &

RUTLEY (NIG.) V. A-G OF KANO STATE (1998) 4 KLR (PT 62) 847; (1998) 7 NWLR (PT. 556) 1

CLAIMS - Counter - Claim - Sale of family land - Where declared void - Court cannot order return of the purchase price - As there was no counter claim to that effect. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

CLAIMS - Declaration of title - Traditional history evidence - Where cogent as in the present case - Can support a claim for declaration of title. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

CLAIMS - Dismissal - Proof - Where a party failed to prove an essential requirement of his case on the balance of probabilities - His claim ought to have been dismissed. UDIH V. IDEMUDIA (1998) 3 KLR (PT 59) 423; (1998) 4 NWLR (PT. 545) 231

CLAIMS - Dismissed claims - For the purpose of maintaining the status quo pending the determination of appeal - Stay of execution is not an appropriate remedy - The applicant's claims having been dismissed. YARO V. AREWA CONSTRUCTION LTD. (1998) 6 KLR (PT 66) 1479; (1998) 7 NWLR (PT. 558) 368

CLAIMS - Estoppel by conduct - Definition of the principle. UDE V. OSUJI (1998) 10 KLR (PT 72) 2413; (1998) 13 NWLR (PT. 580) 1

CLAIMS - Evidence - Onus - Lies on the plaintiff to establish his claim - And he must succeed on the strength of his own case - But he is entitled to reply on the defendant's case where it support his case. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

CLAIMS - Landlord & tenant - Alternative claims - In rent or compensation for use and occupation of the premises - Were properly made - As supporting material facts were pleaded. METAL CONSTRUCTION LTD. V. ABODERIN (1998) 6 KLR (PT 67) 1599;

(1998) 8 NWLR (PT. 563) 538

CLAIMS - Pleadings - Material facts - Inconsistent sets thereof - Though a party can plead two or more inconsistent sets of material facts - Facts relating to alternative claims should not be mixed up. METAL CONSTRUCTION LTD. V. ABODERIN (1998) 6 KLR (PT 67) 1599; (1998) 8 NWLR (PT. 563) 538

CLAIMS - Possession - Trespass - Is essentially a tort against possession - Failure of claim for title - Does not mean claim for trespass must also fail. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

CLAIMS - Relief not claimed - Or which is more than what was claimed - Should not be granted - As erroneously done by the trial court. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

CLAIMS - Relief sought - As an injunction follows the natural cause of events in a case - It was proper to grant the injunction in the circumstances of this case. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

CLAIMS - Relief that was not claimed - Court of Appeal was in error to have granted it. JATAU V. MAILAFIYA (1998) 1 KLR (PT 56) 61; (1998) 1 NWLR (PT. 535) 682

CLAIMS - Torts - Conversion - What plaintiff may claim - Is the value of the chattel - Though special damages may also be claimed - It does not include loss of ordinary earnings after the date of conversion. OJINI V. OGO OLUWA MOTORS LTD. (1998) 1 KLR (PT 56) 1;(1998) 1 NWLR (PT. 534) 353

COMPANY LAW - Directors - Discretionary power - Which falls within the management power in section 63 (3) Companies and Allied Matters Act, 1990 - Must be exercised with the interest of the company as paramount. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60)

581; (1998) 4 NWLR (PT. 546) 357

CONSTITUTIONAL LAW - Chieftaincy matters - Chieftaincy law that seeks to circumscribe the provisions of the Constitution - Is void and of no effect. OFFOR V. OSAGIE II (1998) 1 KLR (PT 57) 217; (1998) 3 NWLR (PT. 541) 205

CONSTITUTIONAL LAW - Constitutional issue - Like the question of jurisdiction is fundamental - And must be disposed of as soon as it is raised - To ensure that the proceedings is not rendered nugatory. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

CONSTITUTIONAL LAW - Constitutional rights - Enforcement procedure - By s. 42 of the Constitution original jurisdiction to entertain the matter is conferred on the High Court - And not the Supreme Court. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

CONSTITUTIONAL LAW - Death penalty - S. 30 (1) of the 1979 Constitution - The provision thereof - Has not proscribed the death penalty. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

CONSTITUTIONAL LAW - Freedom of association - The case of the parties - Was not fought on the constitutional right of freedom of association. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

CONSTITUTIONAL LAW - Fundamental rights - The question whether or not the appellant is or has been subjected to torture - Contrary to S. 31(1) (a) of the Constitution - Cannot be decided in the present appeal as it is not intrinsic to it. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

CONSTITUTIONAL LAW - Inconsistency - Provisions of ss. 30 (1), 213 (2) (d) and 220 (1) (e) of the Constitution - By their combined

effect on the death sentence - Are not inconsistent with any provision of the Constitution. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

CONSTITUTIONAL LAW - Infringement of the provisions of the Constitution - When unconstitutional contract - Will be declared null and void. KNGHT FRANK & RUTLEY (NIG.) V. A-G OF KANO STATE (1998) 4 KLR (PT 62) 847; (1998) 7 NWLR (PT. 556) 1

CONSTITUTIONAL LAW - Interpretation - Ambiguity - The provisions of s. 30 (1) of the 1979 constitution - Is free from ambiguity - It protects the right to life - And permits life to be taken in execution of the sentence of a court. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

CONSTITUTIONAL LAW - Interpretation - Of the constitution - The fundamental principles that govern it. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

CONSTITUTIONAL LAW - Interpretation - Right recognized under s. 30 (1) of the Constitution - If the legislature had intended to take away the right by s. 31 (1) (a) of the same document - It would have done this by clear terms. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

CONSTITUTIONAL LAW - Right to fair hearing - Where the appellants' claim was thoroughly considered and rightly dismissed - The contention that there had been a breach of right to fair hearing - Is unfounded and misconceived. OLOWOLAGBA V. BAKARE (1998) 3 KLR (PT 60) 551; (1998) 3 NWLR (PT. 543) 528

CONSTITUTIONAL LAW - Right to life - Under S. 30 (1) of the 1979 Constitution - The death penalty is not inconsistent with the section. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

CONSTITUTIONAL LAW - Ultra vires act - Where the respondent

entered into a contract with the appellant - Without constitutional backing - The lower courts rightly held that the respondent acted ultra vires. KNGHT FRANK & RUTLEY (NIG.) V. A-G OF KANO STATE (1998) 4 KLR (PT 62) 847; (1998) 7 NWLR (PT. 556) 1

CONTRACTS - Breach of contract - Termination by the appellant without justification - He is solely responsible for the breach. VANDERPUYE V. GBADEBO (1998) 2 KLR (PT 58) 287; (1998) 3 NWLR (PT. 541) 271

CONTRACTS - Breaches - Where the breaches complained of were not incapable of remedy- It would be wrong to suggest that there was no obligation to serve the prescribed notice upon the contractor - Requiring it to remedy the alleged breaches pursuant to the provisions of the contract. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

CONTRACTS - Contract for the sale of land - Rescission - Where the conduct of the plaintiff was an unequivocal rescission of the contract - He is estopped from contending that the original contract still subsists. UDE V. OSUJI (1998) 10 KLR (PT 72) 2413; (1998) 13 NWLR (PT. 580) 1

CONTRACTS - Estoppel by conduct - Definition of the principle. UDE V. OSUJI (1998) 10 KLR (PT 72) 2413; (1998) 13 NWLR (PT. 580) 1

CONTRACTS - Estoppel by conduct - Definition of the principle. UDE V. OSUJI (1998) 10 KLR (PT 72) 2413; (1998) 13 NWLR (PT. 580) 1

CONTRACTS - Illegality - When will a contract be declared illegal - An illegal contract is void - And cannot be the foundation of any legal right. ALAO V. ACB LTD. (1998) 2 KLR (PT 58) 311; (1998) 3 NWLR (PT. 542) 339

CONTRACTS - Infringement of the provisions of the Constitution -

When unconstitutional contract - Will be declared null and void. KNGHT FRANK & RUTLEY (NIG.) V. A-G OF KANO STATE (1998) 4 KLR (PT 62) 847; (1998) 7 NWLR (PT. 556) 1

CONTRACTS - Insurance contract - Validity - Proposal form and premium which were accepted by the agent without any qualification - Are sufficient to complete the contract - A formal policy of insurance is not a necessity. NGILLARI V. NICON (1998) 6 KLR (PT 66) 1405; (1998) 8 NWLR (PT. 560) 1

CONTRACTS - Interpretation - Conditions for a valid determination of the contract - The Court of Appeal was in error - When it invoked a distinction as to the applicability of the conditions. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

CONTRACTS - Interpretation - It is not the duty of any court to make contracts for the parties - And where the language and intent of an enactment or contract is apparent - A trial court must not distort their meaning. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

CONTRACTS - Life insurance contract - Is created where there has been an unqualified acceptance by one party of an offer made by the other - As in this case. NGILLARI V. NICON (1998) 6 KLR (PT 66) 1405; (1998) 8 NWLR (PT. 560) 1

CONTRACTS - Right of lien - Where the agreement in issue was not validly determined in accordance with the terms of the contract - The claimant's claim to lien was premature - And had not accrued as provided for under the contract. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

CONTRACTS - Terms of a contract - Where by it the defendant had no contractual obligation - It cannot be penalized. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

CONTRACTS - Ultra vires act - Where the respondent entered into a contract with the appellant - Without constitutional backing - The lower courts rightly held that the respondent acted ultra vires. KNGHT FRANK & RUTLEY (NIG.) V. A-G OF KANO STATE (1998) 4 KLR (PT 62) 847; (1998) 7 NWLR (PT. 556) 1

CONTRACTS - Waiver - Notice of determination of a contract - Mere acceptance or receipt of it - Is not per se conclusive evidence of waiver of any irregularity in the notice. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

CONVEYANCING - Contract for the sale of land - Rescission - Where the conduct of the plaintiff was an unequivocal rescission of the contract - He is estopped from contending that the original contract still subsists. UDE V. OSUJI (1998) 10 KLR (PT 72) 2413; (1998) 13 NWLR (PT. 580) 1

CONVEYANCING - Execution - Plaintiff's failure to sign the document as purchaser - Would not affect the fact of conveyance of the plot to her - In view of the uncontradicted evidence that plaintiff paid for same. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

CONVEYANCING - Family land - Conveyance - By one Principal member out of three - And without the head of the family joining - Is void ab initio. BABAYEJU V. ASHAMU (1998) 7 KLR (PT 69) 1861; (1998) 9 NWLR (PT. 567) 546

CONVEYANCING - Forgery allegation - Is proved beyond reasonable doubt - And the forged conveyance exhibit 2 being vitiated transferred no title. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

CONVEYANCING - Sale of family property - By the head of family with the concurrence of a majority of the principal members of the

family - Is valid. OKONKWO V. OKONKWO (1998) 7 KLR (PT 70) 2031; (1998) 10 NWLR (PT. 571) 554

CONVICTION - Guilt - Confession of guilt - Which is voluntary - Is sufficient to warrant conviction without any corroborative evidence - So long as the court believed it. EFFIONG V. THE STATE (1998) 5 KLR (PT 65) 1347; (1998) 8 NWLR (PT. 562) 362

CONVICTION - Proof - Conviction Could only follow where the charge against an accused has been proved beyond reasonable doubt - And it is the duty of the prosecution to prove the prisoner's guilt - Once there is reasonable doubt created by the available evidence the prisoner is entitled to an acquittal. ONUCHUKWU V. THE STATE (1998) 4 KLR (PT 62) 815; (1998) 4 NWLR (PT. 547) 576

CONVICTION - Reasonable doubt - Contradictions in evidence - Such that it cast reasonable doubt upon the guilt of the accused person - The accused person should not be convicted on the basis of such unreliable evidence. ONUCHUKWU V. THE STATE (1998) 4 KLR (PT 62) 815; (1998) 4 NWLR (PT. 547) 576

CORROBORATION - Absence of - Where a witness is not tainted - Mere fact that he was the brother of the deceased - Would not render his evidence unacceptable without corroboration - When he was clearly an eye witness. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

CORROBORATION - Conviction - Court can convict upon the evidence of one witness - In a case where no corroboration is prescribed and the witness is not an accomplice - If the court is satisfied with the cogency and quality of the evidence given. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

CORROBORATION - Eye witness - Murder - Evidence of an eye witness requires no corroboration in Law - Thus the opinion evidence of P.W. 2 on the same point is a surplusage. OGUONZEE V. THE

STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

CORROBORATION - Murder - Where the medical evidence of P.W.2 corroborated the evidence of P.W.4 - A case of deliberate shooting of the deceased has been established. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

COURT PROCESSES - Murder - Coroner's inquest - It is not true that because there was no coroner's inquest - The case against the appellant was not proved. ADEPETU V. THE STATE (1998) 7 KLR (PT 68) 1781; (1998) 9 NWLR (PT. 565) 185

COURT PROCESSES - Service - Third Party Notice - Defect in service - Once the notice is validly issued - Any defect in service becomes a mere irregularity. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

COURT PROCESSES - Third Party Notice - Defect in service - Once the notice is validly issued - Any defect in service becomes a mere irregularity. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

COURT PROCESSES - Third Party Notice - Object - The main object of the procedure is to prevent multiplicity of actions. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

COURT PROCESSES - Third Party Notice - Procedural requirements - Where the 3rd party has already taken steps in the proceedings - He must be taken to have waived all irregularities in that respect. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

COURT PROCESSES - Third Party Notice - Unconditional appearance - Entering of - Indicates an intention to defend the suit. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

COURT PROCESSES - Writ of attachment - The order cannot be made behind the back of the judgment debtor - Without breaching his right to fair hearing. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

COURT PROCESSES - Writ of Execution - Against immovable property - Application for - Although the law is silent on how it is to be made - Judgment debtor is to be put on notice. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

COURTS - Appeal - New case - Allegation that Court of Appeal formulated a new case for the respondent - Is not correct - As that court entered judgment that was less than the amount claimed. METAL CONSTRUCTION LTD. V. ABODERIN (1998) 6 KLR (PT 67) 1599; (1998) 8 NWLR (PT. 563) 538

COURTS - Appeal - Remark by a Justice - Which did not amount to a decision within s. 277 (1) of the 1979 Constitution - Cannot be made the subject of appeal. SHUAIBU V. NIGERIA-ARAB BANK LTD. (1998) 4 KLR (PT 62) 891; (1998) 5 NWLR (PT. 551) 582

COURTS - Appeals - Constitution of appeal court - Where out of three justices hearing an appeal only two were present at the delivery of the judgment - The proceedings is not vitiated. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

COURTS - Appeals - Findings on facts - Where the appeal revolves on issues of facts - And there is nothing to show that the findings on such facts are erroneous - The appellate Court will dismiss the appeal. BASHAYA V. THE STATE (1998) 4 KLR (PT 63) 1001; (1998) 5 NWLR (PT. 550) 351

COURTS - Appeals - Issues - Should not ordinarily be raised suo motu

by an appellate court - But where raised no decision should be based on it - Unless the parties are afforded the opportunity of being heard. UMARU V. ABDUL-MUDALLABI (1998) 7 KLR (PT 69) 1955; (1998) 11 NWLR (PT. 573) 247

COURTS - Appeals - Misconception of issues - Alleged against the Court of Appeal - Is unfounded - And the concurrent findings in this case will not be disturbed. UCHE V. EKE (1998) 7 KLR (PT 68) 1671; (1998) 9 NWLR (PT. 564) 24

COURTS - Appeals - Witnesses - Credibility of - The appellate court can only interfere - Where the trial court decides to believe a witness quite contrary to the trend of accepted evidence - Or where oral testimony is contrary to the contents of a written document. NDUKWE V. ACHA (1998) 5 KLR (PT 64) 1113; (1998) 6 NWLR (PT. 552) 25

COURTS - Appearance - A party who has entered an appearance may at any time withdraw with leave of court - Under Order 29 Rule 1 of the Edo State High Court (Civil Procedure) Rules. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

COURTS - Bias - Real likelihood of bias - Circumstances under which a judge is precluded from hearing a case. ADEFULU V. OKULAJA (1998) 4 KLR (PT 63) 965; (1998) 5 NWLR (PT. 550) 435

COURTS - Concurrent findings of fact - Which have not been shown to amount to a miscarriage of Justice - Or in any way perverse - Will not be interfered with. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

COURTS - Concurrent findings of fact - Will not be disturbed unless they have been shown to be perverse - And the appellants have failed to show this in the present case. BASHAYA V. THE STATE (1998) 4 KLR (PT 63) 1001; (1998) 5 NWLR (PT. 550) 351

COURTS - Concurrent findings - Of both the trial and appellate court

- Have not been shown to be wrong or perverse - To warrant interference by the Supreme Court. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

COURTS - Constitution of - Further evidence - Where the Court was irregularly constituted - The exhibits received as additional evidence were irregularly received - And a decision based on them goes to no issue. OKPANUM V. S.G.E NIG. LTD (1998) 5 KLR (PT 65) 1323; (1998) 7 NWLR (PT. 559) 537

COURTS - Constitutional rights - Enforcement procedure - By s. 42 of the Constitution original jurisdiction to entertain the matter is conferred on the High Court - And not the Supreme Court. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

COURTS - Court of Appeal - Dismissal - Suo motu by the Court of Appeal - For failure to file appellant's brief - The Court acted within its powers. AKUJINWA V. NWAONUMA (1998) 12 KLR (PT 73) 2621; (1998) 13 NWLR (PT. 583) 632

COURTS - Court of Appeal - Grounds of appeal - Incompetent ground of appeal - The Court of Appeal can strike out of its own motion - An incompetent ground of appeal. AGBAKA V. AMADI (1998) 7 KLR (PT 70) 2107; (1998) 11 NWLR (PT. 572) 16

COURTS - Court of Appeal - Order - Signed by a single justice of the Court of Appeal - This does not make it the order of a single justice. AKUJINWA V. NWAONUMA (1998) 12 KLR (PT 73) 2621; (1998) 13 NWLR (PT. 583) 632

COURTS - Customary Courts - Jurisdiction - Transfer of a case from one customary court to another in the same judicial division - The latter customary court would have jurisdiction if the matter was properly transferred to it. EJIKE V. IFEADI (1998) 6 KLR (PT 66) 1497; (1998) 8 NWLR (PT. 561) 323

COURTS - Damages - Absurd and unreasonable award - What the

court must take into consideration - In awarding damages. OJINI V. OGO OLUWA MOTORS LTD. (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 534) 353

COURTS - Default judgment - Oral application to proceed with the hearing of the case made and granted on the same date - The proper thing was to adjourn the case to another date for proof - And to put the other counsel on notice. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

COURTS - Discretion - Dismissal of plaintiff's case - On ground of bad faith and not inordinate delay to prosecute - The discretion was exercised judiciously. ECHAKA CATTLE RANCH LTD. V. N.A.C. BANK LTD. (1998) 3 KLR (PT 59) 471; (1998) 4 NWLR (PT. 547) 526

COURTS - Discretion - Exercise of discretion based on wrong and unproven considerations - The Supreme Court is duty bound to intervene in the matter. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

COURTS - Discretion - Extension of time - The exercise of judicial discretion - Must depend strictly on the facts and circumstances of a given case - As no one case can be authority for another in matters of discretion. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

COURTS - Discretion - Interlocutory injunction - Grant or refusal of the order - Is in the absolute discretion of the court. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

COURTS - Duty - Contracts - Interpretation - It is not the duty of any court to make contracts for the parties - And where the language and intent of an enactment or contract is apparent - A trial court must not distort their meaning. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549)

178

COURTS - Duty of the courts - In interpreting words used by the legislature - Is to state the law and not to enact law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

COURTS - Error - Annual rental value of the premises - Based merely on respondent's ipse dixit - Was erroneously relied upon by lower court. METAL CONSTRUCTION LTD. V. ABODERIN (1998) 6 KLR (PT 67) 1599; (1998) 8 NWLR (PT. 563) 538

COURTS - Evaluation of evidence - Conflict in the traditional evidence - Given by the Plaintiff's witnesses - The court did not pick and choose which of the witnesses it would believe - As there was no conflict in their evidence. OJOKOLOBO V. ALAMU (1998) 7 KLR (PT 68) 1719; (1998) 9 NWLR (PT. 565) 226

COURTS - Evidence - Additional evidence - Power of court to call additional evidence suo motu - The trial court will be in a serious error if it calls evidence suo motu - To establish a fact which the plaintiff fails to do in the prosecution of his claim. NDUKWE V. ACHA (1998) 5 KLR (PT 64) 1113; (1998) 6 NWLR (PT. 552) 25

COURTS - Evidence - Evaluation and ascription of probative value - Are the primary functions of trial court - Appellate court should not interfere with findings supported by evidence. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

COURTS - Finding - Possession - Trial court's finding of possession and better title in favour of appellants - Was erroneously interfered with by the Court of Appeal. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

COURTS - Findings of court - Arguments that findings were not based on evidence - Is misconceived - As the court thoroughly considered the evidence - And came to an unimpeachable conclusion. SHUAIBU V.

NIGERIA-ARAB BANK LTD. (1998) 4 KLR (PT 62) 891; (1998) 5 NWLR (PT. 551) 582

COURTS - Findings of trial court - Inconsistent and erroneous findings - Affirmed by the Court of Appeal - Cannot be allowed to stand. AGBOMEJI V. BAKARE (1998) 7 KLR (PT 68) 1687; (1998) 9 NWLR (PT. 564) 1

COURTS - High Court - Third Party Notice - Jurisdiction of the High Court over a 3rd party which is resident abroad - The court has jurisdiction. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

COURTS - Illegal transactions - That offend against the provisions of the Exchange Control Act - Will not be enforced by the law courts. ALAO V. ACB LTD. (1998) 2 KLR (PT 58) 311; (1998) 3 NWLR (PT. 542) 339

COURTS - Interference with findings of fact - Will not Ordinarily be done by appellate court - Save in some exceptional circumstances - Such as where the findings are perverse. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

COURTS - Interpretation of Statutes - Clear statutory provisions - Cannot be stretched beyond its context - Powers of court to travel outside the words used by the legislature - Are strictly limited. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

COURTS - Islamic law - Applicable Muslim Law - In Area Courts - Is the Islamic Law of the Maliki school. ALKAMAWA V. BELLO (1998) 6 KLR (PT 67) 1555; (1998) 8 NWLR (PT. 561) 173

COURTS - Issue - Not placed before the Court - Should not be dealt with - To avoid denial of right to fair hearing. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

COURTS - Issue - Raising a fresh issue for the parties - Is to be avoided as much as possible - Except where serious issues of law or the Constitution is involved. IROM V. OKIMBA (1998) 2 KLR (PT 58) 301; (1998) 3 NWLR (PT. 540) 19

COURTS - Issue - Raising a fresh issue suo motu - Without hearing the parties on the issue - And abandoning the issues raised by the parties - Amounts to denial of justice. IROM V. OKIMBA (1998) 2 KLR (PT 58) 301; (1998) 3 NWLR (PT. 540) 19

COURTS - Issues - Formulation by court - Court of Appeals observation on visit to the locus in quo - Does not amount to formulating issues for the parties. DAODU V. N.N.P.C. (1998) 1 KLR (PT 57) 167; (1998) 2 NWLR (PT. 538) 355

COURTS - Judgment - Decision of a member who participated at the hearing and conference - Could on account of death or the other reasons - Be pronounced or read by another justice. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

COURTS - Judgments - Comments by the Court of Appeal - Which in no way affected what the learned trial judge had done - Is not a confirmation of the judgment on grounds other than those relied upon by the trial court. OMOBORINOLA II V. MILITARY GOVERNOR OF ONDO STATE (1998) 12 KLR (PT 74) 2713; (1998) 14 NWLR (PT. 584) 89

COURTS - Jurisdiction - Admiralty jurisdiction of the Federal High Court - Where the plaintiff claims that it made some disbursements on account of various vessels as ship agent - And has not been reimbursed - The cause of action is one falling within the admiralty jurisdiction of the Federal High Court. SCHIFFAHRSKONTOR GMBH V. RIVWAY LINES LTD (1998) 4 KLR (PT 61) 769; (1998) 5 NWLR (PT. 549) 265

COURTS - Jurisdiction - Ouster - Of the jurisdiction of the trial court under Decree No. 17 of 1984 - To be effective the appellant must have

been retired by the appropriate authority. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

COURTS - Jurisdiction - The question can be raised at any stage of the proceedings or on appeal - As a substantive point of law. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

COURTS - Jurisdiction - Third Party Notice - Jurisdiction of the Court - Challenged thereof based purely on procedural law - Can be waived - But not when it is a matter of substantive law. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

COURTS - Legal practitioners - Appearance in court - Once this is announced - Whether the counsel is holding brief for another counsel or not -The court takes it that he is fully mandated to conduct the case. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

COURTS - Legislation - Revocation of the law providing for death penalty - Is not a matter for the Law Courts - But is within the exclusive jurisdiction of the legislature. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

COURTS - Miscarriage of justice - Where the trial judge anchored his decision on another ground - Although the submission that plaintiffs could not plead res judicata is correct - There has been no miscarriage of justice. LADIMEJI V. SALAMI (1998) 4 KLR (PT 61) 719; (1998) 5 NWLR (PT. 548) 1

COURTS - Native courts judgments or proceedings - Appellate court can go an extra mile in considering them - Towards ascertaining the real issues in dispute. AGBASI V. OBI (1998) 1 KLR (PT 56) 39; (1998) 2 NWLR (PT. 536) 1

COURTS - Negligence of the appellants - Where the Court of Appeal based on mere speculation found the appellants guilty of negligence - And refused their application - It is a wrong exercise of discretion. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

COURTS - Notice of appeal - When the trial court granted the application to set aside its default judgment - The notice of appeal pending became impliedly abandoned. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

COURTS - Nullity - Null order is incurably bad - There is no need for an order of court to set it aside - But it is sometimes convenient to have the court declare it to be so. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

COURTS - Observation by Court of Appeal - Does not amount to a reversal of trial court's finding - That 1st defendant was not a witness of truth. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

COURTS - Order of transfer - Power of the chief judge under s. 45 Customary Courts Edict 1978 - As the chief Judge had no power to order a transfer - The Order and proceedings following are null and void. EJIKE V. IFEADI (1998) 6 KLR (PT 66) 1497; (1998) 8 NWLR (PT. 561) 323

COURTS - Order - To be made in an application for leave to discontinue a suit - Is a matter exclusively for the court in exercise of its judicial discretion - But all the circumstances of the case must inevitably be taken into consideration. AGHADIUNO V. ONUBOGU (1998) 4 KLR (PT 61) 681; (1998) 5 NWLR (PT. 548) 16

COURTS - Preliminary objection - Alleged error that arose in the court below - Can only be considered before the Supreme Court and not the lower Court. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998)

11 NWLR (PT. 574) 372

COURTS - Pronouncement - Made by the court on its own - On an issue which could not have arisen in so far as the matter was concerned - Was erroneous - But miscarriage of justice was not occasioned. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

COURTS - Record of Proceedings - Presumption of regularity - Where the record is complete but did not show that the parties applied for or consented to a hearing date - The presumption is not applicable. FAWEHINMI CONST. CO. LTD. V. OBAFEMI AWOLOWO UNIV. (1998) 5 KLR (PT 64) 1171; (1998) 6 NWLR (PT. 553) 171

COURTS - Relief that was not claimed - Court of Appeal was in error to have granted it. JATAU V. MAILAFIYA (1998) 1 KLR (PT 56) 61; (1998) 1 NWLR (PT. 535) 682

COURTS - Retrial before another Judge - Was rightly granted by the Court of Appeal - Though it was not prayed for by either party. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

COURTS - Service of process - Failure to serve notice of proceeding - Is a fundamental defect - Which goes to the root of the competence of the court. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

COURTS - Setting aside - Power of court - Until the court pronounced a judgment on merit or by consent - It retains the power to set it aside - And the power is discretionary. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

COURTS - Settlement out of Court - Oral evidence to that effect - Leading to the withdrawal of an earlier action - Which was not challenged - Was properly acted upon. KELE V. NWEREKERE

(1998) 3 KLR (PT 60) 565; (1998) 3 NWLR (PT. 543) 515

COURTS - Slip - Complaint of appellant - That alleged error of trial court - Was not considered by the Court of Appeal - Is not justified - In spite of a slip by that court. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

COURTS - Substantial justice - Extension of time - In the exercise of its discretion in such applications - The court must be guided by consideration of doing substantial justice between the parties. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

COURTS - Suo motu raising of issue - By the court below - Is erroneous - But it will not result in the appeal being allowed - As no miscarriage of justice was occasioned. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

COURTS - Title - Proving the boundaries and title to a smaller parcel of land - Erroneous grant of title to the entire land verged green by the lower courts - Will be amended by the Supreme Court - By granting title to the smaller parcel verged pink. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

COURTS - Traditional history - Resolving the issue of the parties' rival traditional history - Can only be done by the trial court and not the Court of Appeal. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

COURTS - Verdicts - That the trial court can give - In a case properly before the court. OVENSERI V. OSAGIEDE (1998) 7 KLR (PT 69) 1917; (1998) 11 NWLR (PT. 572) 1

CRIMINAL LAW - Conspiracy - Collective participation in committing a crime - Each of such persons is liable for that act. BASHAYA V. THE STATE (1998) 4 KLR (PT 63) 1001; (1998) 5 NWLR (PT. 550) 351

CRIMINAL LAW - Forgery allegation - Is proved beyond reasonable doubt - And the forged conveyance exhibit 2 being vitiated transferred no title. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

CRIMINAL LAW - Forgery - Essential ingredient - In such a charge an essential ingredient to be Proved - Is that the accused person forged the documents in question. IDOWU V. THE STATE (1998) 9 KLR (PT 71) 2235; (1998) 11 NWLR (PT. 574) 354

CRIMINAL LAW - Forgery - Failure to detect the alterations of the cash balances in the cash sheet - Cannot be a proper ground for finding the appellant guilty of the offence. IDOWU V. THE STATE (1998) 9 KLR (PT 71) 2235; (1998) 11 NWLR (PT. 574) 354

CRIMINAL LAW - Forgery - Falsification of accounts - Are not in all cases forgeries. IDOWU V. THE STATE (1998) 9 KLR (PT 71) 2235; (1998) 11 NWLR (PT. 574) 354

CRIMINAL LAW - Murder - Cause of death - Medical evidence - Where there are facts which sufficiently show the cause of death - Medical evidence is not essential. EFFIONG V. THE STATE (1998) 5 KLR (PT 65) 1347; (1998) 8 NWLR (PT. 562) 362

CRIMINAL LAW - Stealing - Conviction - Based on the finding that the property owned by the appellant is over and above his income - Is clearly untenable. IDOWU V. THE STATE (1998) 9 KLR (PT 71) 2235; (1998) 11 NWLR (PT. 574) 354

CRIMINAL PROCEDURE - Arraignment - Provisions of s. 215 Criminal Procedure Law - Must be strictly complied with - For there to be a valid arraignment. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

CRIMINAL PROCEDURE - Arraignment - Requirements of proper arraignment - Laid down in KAJUBO'S CASE - The arraignment of the appellant accorded with the requirements. OKORO V. THE

STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

CRIMINAL PROCEDURE - Arraignment - Validity - The necessary procedure was complied with in the present case. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

CRIMINAL PROCEDURE - Charges that are defective - Charges for offences committed during and after appellant's employment with the complainant - Are fatally defective. IDOWU V. THE STATE (1998) 9 KLR (PT 71) 2235; (1998) 11 NWLR (PT. 574) 354

CRIMINAL PROCEDURE - Contradictions in evidence - Such that it cast reasonable doubt upon the guilt of the accused person - The accused person should not be convicted on the basis of such unreliable evidence. ONUCHUKWU V. THE STATE (1998) 4 KLR (PT 62) 815; (1998) 4 NWLR (PT. 547) 576

CRIMINAL PROCEDURE - Conviction - Confession of guilt - Which is voluntary - Is sufficient to warrant conviction without any corroborative evidence - So long as the court believed it. EFFIONG V. THE STATE (1998) 5 KLR (PT 65) 1347; (1998) 8 NWLR (PT. 562) 362

CRIMINAL PROCEDURE - Conviction - Could only follow where the charge against an accused has been proved beyond reasonable doubt - And it is the duty of the prosecution to prove the prisoner's guilt - Once there is reasonable doubt created by the available evidence the prisoner is entitled to an acquittal. ONUCHUKWU V. THE STATE (1998) 4 KLR (PT 62) 815; (1998) 4 NWLR (PT. 547) 576

CRIMINAL PROCEDURE - Counts - Duplicity - Forgeries occurring at different dates - Failure to make each forgery subject of a separate count and proved separately - The counts are bad for duplicity. IDOWU V. THE STATE (1998) 9 KLR (PT 71) 2235; (1998) 11 NWLR (PT. 574) 354

CRIMINAL PROCEDURE - Death penalty - S. 30 (1) of the 1979 Constitution - The provision thereof - Has not proscribed the death

penalty. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

CRIMINAL PROCEDURE - Evidence - Confessional statement - Where its voluntariness was not objected to at the appropriate time - There was no irregularity in its admission. EFFIONG V. THE STATE (1998) 5 KLR (PT 65) 1347; (1998) 8 NWLR (PT. 562) 362

CRIMINAL PROCEDURE - Evidence - Discrepancy in evidence - As to the date the offence was committed - Did not materially affect the prosecutions case - Since the appellant was not misled by it. EFFIONG V. THE STATE (1998) 5 KLR (PT 65) 1347; (1998) 8 NWLR (PT. 562) 362

CRIMINAL PROCEDURE - Evidence - Finding of fact - Must be based on credible evidence - Or reasonable inference drawn from facts presented by the prosecution. IDOWU V. THE STATE (1998) 9 KLR (PT 71) 2235; (1998) 11 NWLR (PT. 574) 354

CRIMINAL PROCEDURE - Evidence - Proof beyond reasonable doubt - In the circumstances of the present case -The case against the Appellant was not proved beyond reasonable doubt. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

CRIMINAL PROCEDURE - Extra judicial statement - Voluntariness - The appellant could be convicted on the evidence of p.w. 2 and p.w. 3 - Without the extra judicial statement. EFFIONG V. THE STATE (1998) 5 KLR (PT 65) 1347; (1998) 8 NWLR (PT. 562) 362

CRIMINAL PROCEDURE - Forgery allegation - Is proved beyond reasonable doubt - And the forged conveyance exhibit 2 being vitiated transferred no title. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

CRIMINAL PROCEDURE - Forgery - Falsification of accounts - Are not in all cases forgeries. IDOWU V. THE STATE (1998) 9 KLR (PT

71) 2235; (1998) 11 NWLR (PT. 574) 354

CRIMINAL PROCEDURE - Identification parade - Is desirable where mass arrest of suspects was made - But its absence is not fatal where some of the suspects are known to the witnesses. BASHAYA V. THE STATE (1998) 4 KLR (PT 63) 1001; (1998) 5 NWLR (PT. 550) 351

CRIMINAL PROCEDURE - Murder - Premeditated Killing - From the circumstances of the case the two courts below were right in coming to the conclusion - That the deceased died as a result of the concerted criminal act of the 1st accused and the appellant. AHMED V. THE STATE (1998) 7 KLR (PT 69) 1835; (1998) 9 NWLR (PT. 566) 389

CRIMINAL PROCEDURE - Murder - Prima facie case - The facts proved in the instant case established a prima facie case - Requiring appellant as a matter of common sense to explain what he did with the deceased. ADEPETU V. THE STATE (1998) 7 KLR (PT 68) 1781; (1998) 9 NWLR (PT. 565) 185

CRIMINAL PROCEDURE - Proof - The burden is on the prosecution to prove guilt beyond all reasonable doubt - No duty is on the accused to prove his innocence - Unless apparently damning circumstances are established against him. ADEPETU V. THE STATE (1998) 7 KLR (PT 68) 1781; (1998) 9 NWLR (PT. 565) 185

CRIMINAL PROCEDURE - Sentence - Death penalty is not inconsistent with the section. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

CRIMINAL PROCEDURE - Sentence - Death Penalty - Inconsistency - Provisions of ss. 30 (1), 213 (2) (d) and 220 (1) (e) - By their combined effect on the death sentence - Are not inconsistent with any provision of the Constitution. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

CROSS EXAMINATION - Obligation - Document - Where the basis of its projections - Was not explained by credible evidence - There is no

KINGS LAW REPORTS COMPREHENSIVE INDEX

obligation to cross-examine on it - As it is self defeating and unacceptable. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

CUSTOMARY LAW - Bini Custom - Igiogbe is inherited by the eldest surviving son - After performing his father's second burial. IMADE V. OTABOR (1998) 3 KLR (PT 59) 497; (1998) 4 NWLR (PT. 544) 20

CUSTOMARY LAW - Bini Custom - Igiogbe under Bini custom - How properly defined. IMADE V. OTABOR (1998) 3 KLR (PT 59) 497; (1998) 4 NWLR (PT. 544) 20

CUSTOMARY LAW - Bini Custom - Igiogbe under Bini custom - How properly defined. IMADE V. OTABOR (1998) 3 KLR (PT 59) 497; (1998) 4 NWLR (PT. 544) 20

CUSTOMARY LAW - Bini Custom - Oba's approval - Where not obtained by plaintiff's grandfather - Title of predecessor is not proved and the case ought to fail. IMADE V. OTABOR (1998) 3 KLR (PT 59) 497; (1998) 4 NWLR (PT. 544) 20

CUSTOMARY LAW - Bini Custom - Succession to Igiogbe is by inheritance. IMADE V. OTABOR (1998) 3 KLR (PT 59) 497; (1998) 4 NWLR (PT. 544) 20

CUSTOMARY LAW - Headship of a family - If it is in issue - Must be established by evidence of customary law. AGBABIAKA V. SAIBU (1998) 7 KLR (PT 70) 2151; (1998) 10 NWLR (PT. 571) 534

CUSTOMARY LAW - Islamic law - Distinction - Between Islamic law and customary law. ALKAMAWA V. BELLO (1998) 6 KLR (PT 67) 1555; (1998) 8 NWLR (PT. 561) 173

DAMAGES - Absurd and unreasonable award - What the court must take into consideration - In awarding damages. OJINI V. OGO OLUWA MOTORS LTD. (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 534) 353

DAMAGES - Accident - Where the vehicle is a total loss - Plaintiff is entitled to the preaccident market value less the scrap value. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

DAMAGES - Assessment - Given by an expert automobile engineer as to value of damaged vehicle - Cannot be questioned - As the issue of the vehicle being old now raised was never pleaded. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

DAMAGES - Double compensation - General damages awarded to the plaintiff who had been adequately compensated - Constitutes double compensation. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

DAMAGES - Exemplary damages - Unlawful demolition - Of the respondent's house on the orders of the appellant - The behaviour of the appellant falls within the category of cases in which exemplary damages could be awarded. ODIBA V. AZEGE (1998) 7 KLR (PT 68) 1731; (1998) 9 NWLR (PT. 566) 370

DAMAGES - Quantum meruit - Award of damages on the basis of quantum meruit - Where there was no counter claim to that effect - Such damages cannot be awarded. KNGHT FRANK & RUTLEY (NIG.) V. A-G OF KANO STATE (1998) 4 KLR (PT 62) 847; (1998) 7 NWLR (PT. 556) 1

DAMAGES - Remoteness - Where alleged loss was caused by the failure of the plaintiff - To meet its contractual obligation - Award against defendant - Will be set aside as being too remote. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

DAMAGES - Review by appellate court - Where satisfied that the amount awarded is a wholly erroneous estimate of the damage -

Disturbing the trial court's award is justified. OJINI V. OGO OLUWA MOTORS LTD. (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 534) 353

DAMAGES - Special damages - Award on anticipated profit based on speculation - Cannot be allowed to stand. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

DEMURRER - Waiver - Appearance by way of demurrer - Is not enough to amount to a waiver - Since waiver must be clear and unambiguous. FAWEHINMI CONST. CO. LTD. V. OBAFEMI AWOLOWO UNIV. (1998) 5 KLR (PT 64) 1171; (1998) 6 NWLR (PT. 553) 171

DOCUMENTS - Affidavits - Admissible evidence - Documents attached to an affidavit - Constitute admissible evidence. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

DOCUMENTS - Exhibits - Allegation that some fresh exhibits were not considered by the lower court - Is without substance. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

DOCUMENTS - Forgery - Essential ingredient - In such a charge an essential ingredient to be Proved - Is that the accused person forged the documents in question. IDOWU V. THE STATE (1998) 9 KLR (PT 71) 2235; (1998) 11 NWLR (PT. 574) 354

DOCUMENTS - Judicial documents - Extrinsic evidence - Is inadmissible in substitution of judicial documents - Judgment of a superior court of record should speak for itself. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

DOCUMENTS - Wills - The maxim Omnia praesumuntur rite esse acta - Only applies with force - Where the Will is entirely regular and no suspicion attaches thereto. OKELOLA V. BOYLE (1998) 1 KLR (PT

57) 129; (1998) 2 NWLR (PT. 539) 533

EQUITY - Estoppel - Where the plaintiff by his conduct led the defendant to believe that the contract would not be enforced - It would be inequitable to allow the plaintiff to enforce his claim. UDE V. OSUJI (1998) 10 KLR (PT 72) 2413; (1998) 13 NWLR (PT. 580) 1

EQUITY - Purchaser for value - Without notice of any fraud - On the proved facts - The defence of purchaser for value does not avail. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

EQUITY - Sale of family land - Equitable remedy - Setting aside the sale of family property - Delay in challenging the contract of sale - The appellant has lost his right to have the transaction reopened. OKONKWO V. OKONKWO (1998) 7 KLR (PT 70) 2031; (1998) 10 NWLR (PT. 571) 554

EQUITY - Sale of family land - Equitable remedy - Setting aside the sale of family property - Delay in challenging the contract of sale - The appellant has lost his right to have the transaction reopened. OKONKWO V. OKONKWO (1998) 7 KLR (PT 70) 2031; (1998) 10 NWLR (PT. 571) 554

EQUITY - Stay of execution - Equitable Orders - The Court of Appeal - Possesses far reaching powers to make just and equitable orders - With a view to preserving the res. CITYMARK (WEST AFRICA) LTD. V. LSDPC (1998) 7 KLR (PT 68) 1755; (1998) 8 NWLR (PT. 563) 681

ESTOPPEL - Conduct - Contract for the sale of land - Rescission - Where the conduct of the plaintiff was an unequivocal rescission of the contract - He is estopped from contending that the original contract still subsists. UDE V. OSUJI (1998) 10 KLR (PT 72) 2413; (1998) 13 NWLR (PT. 580) 1

ESTOPPEL - Equity - Estoppel by conduct - Definition of the principle. UDE V. OSUJI (1998) 10 KLR (PT 72) 2413; (1998) 13 NWLR (PT.

580) 1

ESTOPPEL - Estoppel by conduct - Definition of the principle. UDE V. OSUJI (1998) 10 KLR (PT 72) 2413; (1998) 13 NWLR (PT. 580) 1

ESTOPPEL - Estoppel by conduct - It's qualification - Is that it can only be invoked by a defendant - And can never stand alone as giving a cause of action. UDE V. OSUJI (1998) 10 KLR (PT 72) 2413; (1998) 13 NWLR (PT. 580) 1

ESTOPPEL - Estoppel by deed - When it applies. OYEROGBA V. OLAOPA (1998) 12 KLR (PT 73) 2595; (1998) 13 NWLR (PT. 583) 509

ESTOPPEL - Estoppel per rem judicatam - The principle of - What it means. OYEROGBA V. OLAOPA (1998) 12 KLR (PT 73) 2595; (1998) 13 NWLR (PT. 583) 509

ESTOPPEL - Estoppel per rem judicatam - Where Exhibit "A" a judgment in a previous suit - Decided who is entitled to the chieftaincy in dispute - It operates as an estoppel per rem judicatam. OYEROGBA V. OLAOPA (1998) 12 KLR (PT 73) 2595; (1998) 13 NWLR (PT. 583) 509

ESTOPPEL - Issue estoppel - Where applicable - The appellants cannot in the present suit raise those issues - Which had been conclusively determined against them. AGBAKA V. AMADI (1998) 7 KLR (PT 70) 2107; (1998) 11 NWLR (PT. 572) 16

ESTOPPEL - Pleadings - It is not necessary to plead estoppel in any particular form - So long as the matters constituting estoppel are stated in such a manner - To show that the party pleading relies upon it as a defence or answer. ALAKIJA V. ABDULAI (1998) 5 KLR (PT 64) 1135; (1998) 6 NWLR (PT. 552) 1

ESTOPPEL - Representation of facts - When an estoppel arises against

the maker. OYEROGBA V. OLAOPA (1998) 12 KLR (PT 73) 2595; (1998) 13 NWLR (PT. 583) 509

ESTOPPEL - Res judicata - To sustain the plea - Conditions that must be satisfied by the defendants. AGBASI V. OBI (1998) 1 KLR (PT 56) 39; (1998) 2 NWLR (PT. 536) 1

ESTOPPEL - Res judicata - Where the parties joined issue on the judgment in a previous suit - And the conditions precedent to the operation of the doctrine exist - The doctrine properly applies. ALAKIJA V. ABDULAI (1998) 5 KLR (PT 64) 1135; (1998) 6 NWLR (PT. 552) 1

ESTOPPEL - Res Judicata - Sustaining the plea - The lower courts were correct - In holding that the plea availed the defendants. AGBASI V. OBI (1998) 1 KLR (PT 56) 39; (1998) 2 NWLR (PT. 536) 1

ESTOPPEL - The principle of estoppel - It's nature and when it applies. OYEROGBA V. OLAOPA (1998) 12 KLR (PT 73) 2595; (1998) 13 NWLR (PT. 583) 509

EVIDENCE - Additional evidence - Power of court to call additional evidence suo motu - The trial court will be in a serious error if it calls evidence suo motu - To establish a fact which the plaintiff fails to do in the prosecution of his claim. NDUKWE V. ACHA (1998) 5 KLR (PT 64) 1113; (1998) 6 NWLR (PT. 552) 25

EVIDENCE - Admissibility - Amendment - Made with the consent of both counsel for the parties - Objection to its admissibility in evidence is of no avail - As the evidence is not by law inadmissible in all circumstances. OSHO V. APE (1998) 6 KLR (PT 67) 1571; (1998) 8 NWLR (PT. 562) 492

EVIDENCE - Admissibility - Extrajudicial statement made by the Appellant's wife - Who was not called as a witness - Cannot be inadmissible under s.161 of the Evidence Act. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

EVIDENCE - Admissibility - Ground of appeal - Which shows the trial court erred in law in admitting inadmissible evidence and rejecting admissible evidence - Is proper - And gives the Court of Appeal power to consider the documents that were tendered during trial but rejected. OKOBIA V. AJANYA (1998) 5 KLR (PT 65) 1277; (1998) 6 NWLR (PT. 554) 348

EVIDENCE - Admissibility - Inadmissible  evidence which was not objected to - This will not affect its inadmissibility - As parties cannot by consent admit in evidence that which by law is inadmissible. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

EVIDENCE - Admissibility - Oral evidence - Of the fact that there was a settlement out of court - Leading to the withdrawal of an earlier action - Which was not challenged - Was properly acted upon. KELE V. NWEREKERE (1998) 3 KLR (PT 60) 565; (1998) 3 NWLR (PT. 543) 515

EVIDENCE - Admission - Ability to make down payment - Of the judgment debt - An undertaking by counsel which clearly amounts to an admission of the appellant's ability to pay - Is binding. CITYMARK (WEST AFRICA) LTD. V. LSDPC (1998) 7 KLR (PT 68) 1755; (1998) 8 NWLR (PT. 563) 681

EVIDENCE - Affidavit - Affidavit evidence which were not controverted in a counter affidavit - May be regarded as duly established. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

EVIDENCE - Affidavits - Admissible evidence - Documents attached to an affidavit - Constitute admissible evidence. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

EVIDENCE - Alibi - Onus - Is on the accused to prove where he was

at the time of the incident - And once the defence is put up it is for the Police to investigate it properly - As failure to do so could lead to the conviction being quashed. ONUCHUKWU V. THE STATE (1998) 4 KLR (PT 62) 815; (1998) 4 NWLR (PT. 547) 576

EVIDENCE - Alibi - Plea of Alibi - The courts below were right in accepting the positive evidence that the appellants were fixed at the scene of crime - Thus destroying their defence of alibi. BASHAYA V. THE STATE (1998) 4 KLR (PT 63) 1001; (1998) 5 NWLR (PT. 550) 351

EVIDENCE - Alibi - Plea of - Is demolished if the Prosecution adduces sufficient evidence - To fix the person at the scene of crime at the material time - But in the present case there was no such evidence. ONUCHUKWU V. THE STATE (1998) 4 KLR (PT 62) 815; (1998) 4 NWLR (PT. 547) 576

EVIDENCE - Appeal - Evaluation of evidence - Where there are clear contradictions in the evidence adduced by the prosecution witnesses - And the trial judge erroneously formed the impression that they are witnesses of truth - The appellate Court is entitled to re evaluate the evidence and make its own assessment. ONUCHUKWU V. THE STATE (1998) 4 KLR (PT 62) 815; (1998) 4 NWLR (PT. 547) 576

EVIDENCE - Appeals - Additional evidence on appeal - Authenticity thereof was questioned by the other side - And the witness ought to be recalled for cross-examination. OKPANUM V. S.G.E NIG. LTD (1998) 5 KLR (PT 65) 1323; (1998) 7 NWLR (PT. 559) 537

EVIDENCE - Appeals - Conjecture - The Appellate Court will not make a conjecture on a point - Where there is no evidence. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

EVIDENCE - Appeals - Exclusion of evidence - Where a trial court wrongfully excluded evidence - And the Appeal Court cannot reasonably hold that the decision of the trial court - Would have been the same if

the evidence had been admitted - The decision will be set aside. OKOBIA V. AJANYA (1998) 5 KLR (PT 65) 1277; (1998) 6 NWLR (PT. 554) 348

EVIDENCE - Appeals - Exhibit - Admission of an exhibit which was prominently made an issue throughout the lower courts proceedings by the Court of Appeal - Is in order - Even if it does not arise from any of the grounds of appeal. UMARU V. ABDUL-MUDALLABI (1998) 7 KLR (PT 69) 1955; (1998) 11 NWLR (PT. 573) 247

EVIDENCE - Appeals - Further evidence - Exhibits which did not constitute further evidence - The Court of Appeal was wrong to refer to and rely on the exhibits - In arriving at its judgment. OKPANUM V. S.G.E NIG. LTD (1998) 5 KLR (PT 65) 1323; (1998) 7 NWLR (PT. 559) 537

EVIDENCE - Burden of Proof - Based on the state of the pleadings - Is on the party who would fail - If no evidence were given on either side. UDIH V. IDEMUDIA (1998) 3 KLR (PT 59) 423; (1998) 4 NWLR (PT. 545) 231

EVIDENCE - Burden of proof - In civil cases - Has two distinct meanings - Legal burden and evidential burden - While the former is always stable the latter may shift constantly. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

EVIDENCE - Burden of proof - Is on the party who substantially asserts the affirmative of the issue. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

EVIDENCE - Burden of proof - Of the due execution of a Will - And the testamentary capacity to do so - Lies on the propounder of the Will - And then the onus shifts to the challenger. OKELOLA V. BOYLE (1998) 1 KLR (PT 57) 129; (1998) 2 NWLR (PT. 539) 533

EVIDENCE - Burden of proof - Rests on the plaintiff who asserted the affirmative - And he failed to discharge it in this case. DAODU V.

N.N.P.C. (1998) 1 KLR (PT 57) 167; (1998) 2 NWLR (PT. 538) 355

EVIDENCE - Comparison - Of previous and Past evidence of a witness by the judge - Towards assessing his credibility - Without drawing the attention of that witness - Is erroneous - But that was not the case here. ALAKIJA V. ABDULAI (1998) 5 KLR (PT 64) 1135; (1998) 6 NWLR (PT. 552) 1

EVIDENCE - Confession of guilt - Which is voluntary - Is sufficient to warrant conviction without any corroborative evidence - So long as the court believed it. EFFIONG V. THE STATE (1998) 5 KLR (PT 65) 1347; (1998) 8 NWLR (PT. 562) 362

EVIDENCE - Confessional statement - Where its voluntariness was not objected to at the appropriate time - There was no irregularity in its admission. EFFIONG V. THE STATE (1998) 5 KLR (PT 65) 1347; (1998) 8 NWLR (PT. 562) 362

EVIDENCE - Contradictions - Alleged in respect of evidence of some witnesses - Is unfounded. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

EVIDENCE - Contradictions in evidence - Such that it cast reasonable doubt upon the guilt of the accused person - The accused person should not be convicted on the basis of such unreliable evidence. ONUCHUKWU V. THE STATE (1998) 4 KLR (PT 62) 815; (1998) 4 NWLR (PT. 547) 576

EVIDENCE - Corroboration - Murder - The evidence of an eye witness requires no corroboration in Law - Thus the opinion evidence of P.W. 2 on the same point is a surplusage. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

EVIDENCE - Corroboration - Murder - Where the medical evidence of P.W.2 corroborated the evidence of P.W.4 - A case of deliberate shooting of the deceased has been established. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

EVIDENCE - Credibility of witnesses - Previous proceedings - Evidence of the appellants witnesses in the earlier Proceedings - Was considered by the trial judge under s. 199 rather than s.34(1) of the Evidence Act. AGBAKA V. AMADI (1998) 7 KLR (PT 70) 2107; (1998) 11 NWLR (PT. 572) 16

EVIDENCE - Discrepancy in evidence - As to the date the offence was committed - Did not materially affect the prosecutions case - Since the appellant was not misled by it. EFFIONG V. THE STATE (1998) 5 KLR (PT 65) 1347; (1998) 8 NWLR (PT. 562) 362

EVIDENCE - Document - Where the basis of its projections - Was not explained by credible evidence - There is no obligation to cross-examine on it - As it is self defeating and unacceptable. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

EVIDENCE - Evaluation and ascription of probative value - Are the primary functions of trial court - Appellate court should not interfere with findings supported by evidence. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

EVIDENCE - Evaluation of evidence - Conflict in the traditional evidence - Given by the Plaintiff's witnesses - The court did not pick and choose which of the witnesses it would believe - As there was no conflict in their evidence. OJOKOLOBO V. ALAMU (1998) 7 KLR (PT 68) 1719; (1998) 9 NWLR (PT. 565) 226

EVIDENCE - Evaluation - Traditional history - Resolving the issue of the parties' rival traditional history - Can only be done by the trial court and not the Court of Appeal. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

EVIDENCE - Evaluation - Where the trial judge rightly summarized and evaluated the evidence which was upheld by the Court of Appeal - This will not be disturbed unless shown to be perverse. OSHO V.

APE (1998) 6 KLR (PT 67) 1571; (1998) 8 NWLR (PT. 562) 492

EVIDENCE - Exhibits - Allegation that some fresh exhibits were not considered by the lower court - Is without substance. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

EVIDENCE - Expert witness - Issue of competence - Will come into focus when challenged during cross-examination. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

EVIDENCE - Extra judicial statement - Voluntariness - The appellant could be convicted on the evidence of p.w. 2 and p.w. 3 - Without the extra judicial statement. EFFIONG V. THE STATE (1998) 5 KLR (PT 65) 1347; (1998) 8 NWLR (PT. 562) 362

EVIDENCE - Extrinsic evidence - Is inadmissible in substitution of judicial documents - Judgment of a superior court of record should speak for itself. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

EVIDENCE - Finding of fact - Must be based on credible evidence - Or reasonable inference drawn from facts presented by the prosecution. IDOWU V. THE STATE (1998) 9 KLR (PT 71) 2235; (1998) 11 NWLR (PT. 574) 354

EVIDENCE - Findings of court - Arguments that findings were not based on evidence - Is misconceived - As the court thoroughly considered the evidence - And came to an unimpeachable conclusion. SHUAIBU V. NIGERIA-ARAB BANK LTD. (1998) 4 KLR (PT 62) 891; (1998) 5 NWLR (PT. 551) 582

EVIDENCE - Hearsay Evidence - Admissibility - The extra - judicial statement of the Appellant's wife who is not called as a witness - Is hearsay evidence - And is inadmissible. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

EVIDENCE - Inconsistency - Where there is no inconsistency between the evidence of P.W. 4 and his statement Exhibit B. - Submission that the witness was unreliable is misconceived. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

EVIDENCE - Interpleader proceedings - Hearsay - Evidence of the judgment creditor being hearsay - Is not credible to establish his case. KALA V. POTISKUM (1998) 1 KLR (PT 57) 231; (1998) 3 NWLR (PT. 540) 1

EVIDENCE - Islamic law - Competence - Parties are not competent witnesses - Their statement in court will be likened to statement of claim or defence. JATAU V. MAILAFIYA (1998) 1 KLR (PT 56) 61; (1998) 1 NWLR (PT. 535) 682

EVIDENCE - Islamic law - Preference - The applicable law is that the evidence of two male credible witnesses is to be preferred - To that of one male credible witness with a complimentary oath. UMARU V. ABDUL-MUDALLABI (1998) 7 KLR (PT 69) 1955; (1998) 11 NWLR (PT. 573) 247

EVIDENCE - Islamic law - Proof of affinity or paternity - Is not by physical resemblance. JATAU V. MAILAFIYA (1998) 1 KLR (PT 56) 61; (1998) 1 NWLR (PT. 535) 682

EVIDENCE - Land law - Boundary men - Rejection of their evidence - Boundary men should be treated like any other witness - And the trial court is free to accept or reject the evidence of any witness - Provided there are sufficient reasons for doing so. OJOKOLOBO V. ALAMU (1998) 7 KLR (PT 68) 1719; (1998) 9 NWLR (PT. 565) 226

EVIDENCE - Murder - Circumstantial evidence - Conduct - Of the appellant after the deceased was last seen with him - Furnished cogent evidence of his guilt. ADEPETU V. THE STATE (1998) 7 KLR (PT 68) 1781; (1998) 9 NWLR (PT. 565) 185

EVIDENCE - Murder - Circumstantial evidence - Where direct evidence of eye witness is not available - The court may infer from the facts proved the existence of other facts - That may logically tend to prove the guilt of an accused person. ADEPETU V. THE STATE (1998) 7 KLR (PT 68) 1781; (1998) 9 NWLR (PT. 565) 185

EVIDENCE - Murder - Common Intention - There is plethora of evidence that both the appellant and the 1st accused had the common intention - Of terminating the life of the deceased. AHMED V. THE STATE (1998) 7 KLR (PT 69) 1835; (1998) 9 NWLR (PT. 566) 389

EVIDENCE - Negligence - Where established from the evidence - Doctrine of res ipsa loquitur will not apply. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

EVIDENCE - Omnia praesumuntur rite esse acta - Arraignment - Carried out in a manner which was substantially regular - The maxim applies in the matter of the validity. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

EVIDENCE - Omnia Praesumuntur rite esse acta - What it means. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

EVIDENCE - Onus - Lies on the plaintiff to establish his claim - And he must succeed on the strength of his own case - But he is entitled to reply on the defendant's case where it support his case. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

EVIDENCE - Pleadings - Admission - Failure by defendant - To admit or deny an averment - Amounted to admission - And the fact of acquisition in 1976 stands proved - As no issue was joined on that averment. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

EVIDENCE - Pleadings - Admission - Failure by defendant - To admit

or deny an averment - Amounted to admission - And the fact of acquisition in 1976 stands proved - As no issue was joined on that averment. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

EVIDENCE - Pleadings - Evidence - At variance with pleadings - Issues are tried on parties' pleadings and the parties are bound thereby. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

EVIDENCE - Pleadings - Evidence - Lower courts holding that appellants' evidence was at variance with their pleadings - Is a total misconception of their case. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

EVIDENCE - Pleadings - Evidence which is at variance with plaintiff's pleadings - The Court has no power to expunge the evidence - In order to save the case of the plaintiff from collapsing. NDUKWE V. ACHA (1998) 5 KLR (PT 64) 1113; (1998) 6 NWLR (PT. 552) 25

EVIDENCE - Pleadings - Issue of ownership of vehicle - Where no emphasis was laid on it by counsel during trial - Mere denial in general traverse - Is not sufficient. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

EVIDENCE - Pleadings - Proof by evidence - Where the averments in the statement of claim were expressly admitted in the statement of defence - Such averments need no further proof. MERIDIEN TRADE CORP. LTD. V. METAL CONST. (W.A.) LTD. (1998) 3 KLR (PT 59) 447; (1998) 4 NWLR (PT. 544) 1

EVIDENCE - Pleadings - Sufficiency - Issue of defendant's accountability - Was sufficiently pleading and established by evidence. GODWIN V. THE CHRIST APOSTOLIC CHURCH (1998) 12 KLR (PT 73) 2465; (1998) 14 NWLR (PT. 584) 162

EVIDENCE - Pleadings - Traverse - Simple denial of a major issue of

ownership of vehicle in a traverse - Without pleading more facts - Lower courts rightly held that 1st respondent was owner of the vehicle. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

EVIDENCE - Pleadings - Traverse - To be proper - Must deny specifically each allegation of fact in the statement of claim. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

EVIDENCE - Prima facie case - Where not made out by plaintiff against the defendants - Plaintiff's claims against them ought to be dismissed - Without hearing the case of the defendants. DAODU V. N.N.P.C. (1998) 1 KLR (PT 57) 167; (1998) 2 NWLR (PT. 538) 355

EVIDENCE - Proof beyond reasonable doubt - In the circumstances of the present case -The case against the Appellant was not proved beyond reasonable doubt. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

EVIDENCE - Proof - Civil cases - Onus of adducing further evidence - Is on the party who would fail - If such evidence were not produced. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

EVIDENCE - Proof - Interpleader proceedings - The burden is generally on the claimant to prove his claim - As done by the 1st respondent in this case. KALA V. POTISKUM (1998) 1 KLR (PT 57) 231; (1998) 3 NWLR (PT. 540) 1

EVIDENCE - Proof - Land matter - Failure of plaintiff to prove his case - Leaves the case without merit and the suit would be dismissed. UCHE V. EKE (1998) 7 KLR (PT 68) 1671; (1998) 9 NWLR (PT. 564) 24

EVIDENCE - Proof - Negligence - Burden of proof - Installation of high tension cable - Where the respondent took care to make the appellant's house safe - The appellant has failed to discharge the burden of proof

of negligence against the respondent. ORHUE V. NATIONAL ELECTRIC POWER AUTHORITY (1998) 5 KLR (PT 65) 1301; (1998) 7 NWLR (PT. 557) 187

EVIDENCE - Proof - Negligence - Medical evidence - Installation of high tension cable over the appellants house - Averment that it had made him and his family to become emaciated - Can only be proved by the evidence of the medical doctor who examined them. ORHUE V. NATIONAL ELECTRIC POWER AUTHORITY (1998) 5 KLR (PT 65) 1301; (1998) 7 NWLR (PT. 557) 187

EVIDENCE - Proof - Title - Reliance on a particular mode of acquisition of title - Where not proved - It is not permissible to substitute other matters such as acts of possession - To warrant inference of the ownership not pleaded as root of title. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

EVIDENCE - Proof - Where a party failed to prove an essential requirement of his case on the balance of probabilities - His claim ought to have been dismissed. UDIH V. IDEMUDIA (1998) 3 KLR (PT 59) 423; (1998) 4 NWLR (PT. 545) 231

EVIDENCE - Proof - Where the plaintiff raised an issue but led no evidence in proof thereof - The issue is deemed to have been abandoned - And whatever the Court of Appeal said thereon went to no issue. OMOBORINOLA II V. MILITARY GOVERNOR OF ONDO STATE (1998) 12 KLR (PT 74) 2713; (1998) 14 NWLR (PT. 584) 89

EVIDENCE - Relevant facts - Native court proceedings - While the plaintiffs in the instant case could not plead res judicata - They could nonetheless rely on the native court proceedings as relevant facts. LADIMEJI V. SALAMI (1998) 4 KLR (PT 61) 719; (1998) 5 NWLR (PT. 548) 1

EVIDENCE - Standard of proof - Conveyancing - Forgery allegation - Is proved beyond reasonable doubt - And the forged conveyance

exhibit 2 being vitiated transferred no title. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

EVIDENCE - The Rule in KOJO II v. BONSIE - Where the plaintiff failed to prove his case - The learned trial judge had no alternative but to have dismissed the claims - Without recourse to the rule. OMOBORINOLA II V. MILITARY GOVERNOR OF ONDO STATE (1998) 12 KLR (PT 74) 2713; (1998) 14 NWLR (PT. 584) 89

EVIDENCE - Title - Burden of Proof - Plaintiff having proved purchase through her husband - Onus shifted to the 1st defendant to prove the original purchaser - As averred by him. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

EVIDENCE - Traditional evidence - Where the respondents gave convincing traditional evidence as against the contradictory evidence adduced by the appellants - The trial court was perfectly right when it applied the test on traditional evidence as enunciated by the authorities to find for the respondents. ODENIJI V. AKINPELU (1998) 5 KLR (PT 65) 1259; (1998) 7 NWLR (PT. 557) 174

EVIDENCE - Traditional history evidence - Where cogent as in the present case - Can support a claim for declaration of title. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

EVIDENCE - Traditional history - Of each side - Where not considered no resolved by the trial court - Retrial ought to have been ordered by the court below. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

EVIDENCE - Trespass - Burden of proof - In a claim for trespass to land - Is on the plaintiff to show that he has a better title than the defendant. UDIH V. IDEMUDIA (1998) 3 KLR (PT 59) 423; (1998) 4 NWLR (PT. 545) 231

EVIDENCE - Uncontradicted evidence - Conveyancing - Execution -

Plaintiff's failure to sign the document as purchaser - Would not affect the fact of conveyance of the plot to her - In view of the uncontradicted evidence that plaintiff paid for same. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

EVIDENCE - Witnesses - Credibility of - The appellate court can only interfere - Where the trial court decides to believe a witness quite contrary to the trend of accepted evidence - Or where oral testimony is contrary to the contents of a written document. NDUKWE V. ACHA (1998) 5 KLR (PT 64) 1113; (1998) 6 NWLR (PT. 552) 25

EVIDENCE - Witnesses - Number of - A court can convict upon the evidence of one witness - In a case where no corroboration is prescribed and the witness is not an accomplice - If the court is satisfied with the cogency and quality of the evidence given. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

EVIDENCE - Witnesses - S. 149 (d) of the Evidence Act - Deals with the failure to call evidence and not the failure to call a particular witness - Thus it has no application to the facts of the present case. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

EVIDENCE - Witnesses - Tainted witness - Where a witness does not fall within that classification - The mere fact that he was the brother of the deceased - Would not render his evidence unacceptable without corroboration - When he was clearly an eye witness. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

EVIDENCE - Wrongful admission of evidence - It's effect - In the present case it could not be said that the mind of the learned trial judge - Was not affected by the evidence. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

EXPERT WITNESSES - Competence - Issue of - Will come into focus

when challenged during cross-examination. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

FAIR HEARING - Breach - Where the appellants' claim was thoroughly considered and rightly dismissed - The contention that there had been a breach of right to fair hearing - Is unfounded and misconceived. OLOWOLAGBA V. BAKARE (1998) 3 KLR (PT 60) 551; (1998) 3 NWLR (PT. 543) 528

FAIR HEARING - Breach - Writ of attachment - The order cannot be made behind the back of the judgment debtor - Without breaching his right to fair hearing. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

FAIR HEARING - Denial - Issue - Not placed before the Court - Should not be dealt with - To avoid denial of right to fair hearing. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

FAIR HEARING - Denial - Where the Court of Appeal unilaterally granted the respondents' motion for the dismissal of the appeal - Without hearing both counsel on the application - It was in definite error. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

FAIR HEARING - Master & Servant - Dismissal - Right to fair hearing - Allegation of breach - The Board was not obliged to act quasi-judicially - But rather purely administratively. OSAKWE V. NIGERIAN PAPER MILL LTD. (1998) 7 KLR (PT 69) 1937; (1998) 10 NWLR (PT. 568) 1

FAIR HEARING - Master & Servant - Employee who was not found guilty of the complaint against him - But was removed for an allegation he was not confronted with - Was not availed of the opportunity of being heard. THE COUNCIL OF FED. POLY MUBI V. YUSUF (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 533) 343

FOREIGN EXCHANGE - Illegal transactions - That offend against the provisions of the Exchange Control Act - Will not be enforced by the law courts. ALAO V. ACB LTD. (1998) 2 KLR (PT 58) 311; (1998) 3 NWLR (PT. 542) 339

FUNDAMENTAL RIGHTS - Enforcement - Constitutional rights - Enforcement procedure - By s. 42 of the Constitution original jurisdiction to entertain the matter is conferred on the High Court - And not the Supreme Court. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

FUNDAMENTAL RIGHTS - Fair hearing - Breach - Writ of attachment - The order cannot be made behind the back of the judgment debtor - Without breaching his right to fair hearing. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

FUNDAMENTAL RIGHTS - Fair hearing - Master & Servant - Employee who was not found guilty of the complaint against him - But was removed for an allegation he was not confronted with - Was not availed of the opportunity of being heard. THE COUNCIL OF FED. POLY MUBI V. YUSUF (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 533) 343

FUNDAMENTAL RIGHTS - Fair hearing - Where the appellants' claim was thoroughly considered and rightly dismissed - The contention that there had been a breach of right to fair hearing - Is unfounded and misconceived. OLOWOLAGBA V. BAKARE (1998) 3 KLR (PT 60) 551; (1998) 3 NWLR (PT. 543) 528

FUNDAMENTAL RIGHTS - Freedom of association - The case of the parties - Was not fought on the constitutional right of freedom of association. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

FUNDAMENTAL RIGHTS - Right to life - Under S. 30 (1) of the 1979

Constitution - The death penalty is not inconsistent with the section. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

FUNDAMENTAL RIGHTS - Torture - The question whether or not the appellant is or has been subjected to torture - Contrary to S. 31(1) (a) of the Constitution - Cannot be decided in the present appeal as it is not intrinsic to it. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

INJUNCTIONS - Judgments - Injunction to support a legal right - Was properly granted. KELE V. NWEREKERE (1998) 3 KLR (PT 60) 565; (1998) 3 NWLR (PT. 543) 515

INJUNCTIONS - Mandatory injunction - Where the appellant failed to establish his claims - There is no basis upon which an order of mandatory injunction - Should be granted against the respondents. AGBABIAKA V. SAIBU (1998) 7 KLR (PT 70) 2151; (1998) 10 NWLR (PT. 571) 534

INJUNCTIONS - Relief sought - As an injunction follows the natural cause of events in a case - It was proper to grant the injunction in the circumstances of this case. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

INSURANCE - Contract - Validity - Proposal form and premium which were accepted by the agent without any qualification - Are sufficient to complete the contract - A formal policy of insurance is not a necessity. NGILLARI V. NICON (1998) 6 KLR (PT 66) 1405; (1998) 8 NWLR (PT. 560) 1

INSURANCE - Life insurance contract - Is created where there has been an unqualified acceptance by one party of an offer made by the other - As in this case. NGILLARI V. NICON (1998) 6 KLR (PT 66) 1405; (1998) 8 NWLR (PT. 560) 1

INTERLOCUTORY INJUNCTIONS - Balance of convenience - Is in

favour of the plaintiff who has a letter of appointment - Unlike the appellant who was merely parading himself. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

INTERLOCUTORY APPLICATIONS - Ex parte motion - When not to be used. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

INTERLOCUTORY INJUNCTIONS - Conditions for the grant - Where the plaintiff met all the requirements - The Court of Appeal was right in granting the order. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

INTERLOCUTORY INJUNCTIONS - Continuing acts - Where the act of the appellant complained of - Is that he is parading himself as the appointee to the stool in issue - It is a continuing act and not a concluded act. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

INTERLOCUTORY INJUNCTIONS - Discretion - The grant or refusal of the order - Is in the absolute discretion of the court. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

INTERLOCUTORY INJUNCTIONS - Extending the order to all parties - Application to restrain one party from doing an act - Where extended against all the parties concerned - Circumstances warranting such order must be clearly stated. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

INTERLOCUTORY INJUNCTIONS - Order of interlocutory injunction- What the courts usually consider- Before deciding whether or not to issue the order. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

INTERLOCUTORY INJUNCTIONS - Order restraining both parties - When nobody asked for such an order - And after the application itself

had been refused on its merits - Was erroneous. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

INTERLOCUTORY INJUNCTIONS - Preservation of the res - The res to be preserved - On the particular facts of the instant case - Is the appointment of the plaintiff to the chieftaincy stool in issue. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

INTERLOCUTORY INJUNCTIONS - Primary object thereof - Is to keep matters in status quo ante bellum - Until the question in issue between the parties can be finally determined by the court. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

INTERLOCUTORY INJUNCTIONS - Serious question to be tried - The plaintiff having thus established this - The trial court ought next to proceed to consider the issue of balance of convenience. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

INTERLOCUTORY INJUNCTIONS - Substantive case - Issues to be tried in the substantive case - should not be delved into by the trial court in deciding such applications. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

INTERLOCUTORY INJUNCTIONS - Vagueness of the order - Contention that the order granted was vague- Since it is not disputed that the terms of the order applied for are clear - The order granted was as prayed for by the plaintiff.

INTERPLEADER PROCEEDINGS - Decision - Which conclusively disposed of the rights of the parties to the vehicle in issue - And as to whether the same could be attached or not - Is a final decision. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

INTERPRETATION OF STATUTES - Clear statutory provisions -

Cannot be stretched beyond its context - Powers of court to travel outside the words used by the legislature - Are strictly limited. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

INTERPRETATION OF STATUTES - Duty of the courts - In interpreting words used by the legislature - Is to state the law and not to enact law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

INTERPRETATION OF STATUTES - Interpretation - Of the constitution - The fundamental principles that govern it. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

INTERPRETATION OF STATUTES - Mischief rule - S.7 (3) of the Limitation Act - Interpretation of "cause of action" to mean "action" - Such an interpretation will only lead to absurdity - There is no place for the incorporation of the mischief rule in this case. SCHIFFAHRSKONTOR GMBH V. RIVWAY LINES LTD (1998) 4 KLR (PT 61) 769; (1998) 5 NWLR (PT. 549) 265

INTERPRETATION OF STATUTES - Public Officers Protection Law - The phrase "any person" used therein - Is not limited to human beings or natural persons - But includes artificial persons known to law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

ISLAMIC LAW - Applicable Muslim Law - In Area Courts - Is the Islamic Law of the Maliki school. ALKAMAWA V. BELLO (1998) 6 KLR (PT 67) 1555; (1998) 8 NWLR (PT. 561) 173

ISLAMIC LAW - Distinction - Between Islamic law and customary law. ALKAMAWA V. BELLO (1998) 6 KLR (PT 67) 1555; (1998) 8 NWLR (PT. 561) 173

ISLAMIC LAW - Evidence - Competence - Parties are not competent witnesses - Their statement in court will be likened to statement of claim

or defence. JATAU V. MAILAFIYA (1998) 1 KLR (PT 56) 61; (1998) 1 NWLR (PT. 535) 682

ISLAMIC LAW - Evidence - Preference - The applicable law is that the evidence of two male credible witnesses is to be preferred - To that of one male credible witness with a complimentary oath. UMARU V. ABDUL-MUDALLABI (1998) 7 KLR (PT 69) 1955; (1998) 11 NWLR (PT. 573) 247

ISLAMIC LAW - Evidence - Proof of affinity or paternity - Is not by physical resemblance. JATAU V. MAILAFIYA (1998) 1 KLR (PT 56) 61; (1998) 1 NWLR (PT. 535) 682

ISLAMIC LAW - Oath of judgment - Claim affecting a deceased person's estate - Where the respondent acquired title over the land through prescription (hauzi) - He must be made to take the oath. KADA V. YAWA (1998) 7 KLR (PT 69) 1877; (1998) 10 NWLR (PT. 569) 196

ISLAMIC LAW - Oath of judgment - Was wrongly administered - Since right to claim deceased persons' property was not established. JATAU V. MAILAFIYA (1998) 1 KLR (PT 56) 61; (1998) 1 NWLR (PT. 535) 682

ISLAMIC LAW - Oath of rebuttal - Claim of property in the possession of another - The claimant is required to prove his claim by calling witnesses - If he fails the defendant will be called upon to take the oath of rebuttal - Unless the defendant has been in undisturbed possession for up to the period of hauzi (Prescription). KADA V. YAWA (1998) 7 KLR (PT 69) 1877; (1998) 10 NWLR (PT. 569) 196

ISLAMIC LAW - Shufa - Right of - Sunni Schools of Law - The majority view is that a neighbour does not possess the right of shufa. ALKAMAWA V. BELLO (1998) 6 KLR (PT 67) 1555; (1998) 8 NWLR (PT. 561) 173

ISLAMIC LAW - Shufa - Waiver of the right - The appellant being a neighbour has no right of pre-emption - And as such has nothing to

waive. ALKAMAWA V. BELLO (1998) 6 KLR (PT 67) 1555; (1998) 8 NWLR (PT. 561) 173

ISLAMIC LAW - Title by prescription - Where the appellant saw the respondent farming the land in dispute - And did not raise any objection - There is ample evidence to hold that the respondent acquired title by prescription. KADA V. YAWA (1998) 7 KLR (PT 69) 1877; (1998) 10 NWLR (PT. 569) 196

JUDGMENTS - Ability to make down payment - Of the judgment debt - An undertaking by counsel which clearly amounts to an admission of the appellant's ability to pay - Is binding. CITYMARK (WEST AFRICA) LTD. V. LSDPC (1998) 7 KLR (PT 68) 1755; (1998) 8 NWLR (PT. 563) 681

JUDGMENTS - Appeal - Against an order of dismissal - The Court of Appeal was right to make the order which the trial court ought to have made - By applying s. 16 Court of Appeal Act. OVENSERI V. OSAGIEDE (1998) 7 KLR (PT 69) 1917; (1998) 11 NWLR (PT. 572) 1

JUDGMENTS - Appeal - Error - Which has not occasioned any injustice - Must be treated by the appellate court as immaterial. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

JUDGMENTS - Appeal - Where by an accidental slip a justice who did not partake in the appeal - Appeared in the record as delivering a concurring judgment - The judgment is not incompetent in view of the provisions of s. 258(3) of the 1979 Constitution. SHUAIBU V. NIGERIA-ARAB BANK LTD. (1998) 4 KLR (PT 62) 891; (1998) 5 NWLR (PT. 551) 582

JUDGMENTS - Appeals - Constitution of appeal court - Where out of three justices hearing an appeal only two were present at the delivery of the judgment - The proceedings is not vitiated. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10

NWLR (PT. 570) 392

JUDGMENTS - Appeals - Decision of a member who participated at the hearing and conference - Could on account of death or the other reasons - Be pronounced or read by another justice. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

JUDGMENTS - Appeals - Motion to set aside judgment - On the ground of likelihood of bias - Is misconceived as the two cases exhibited are not in respect of the same suit - And the issues that called for determination in the cases are completely different. ADEFULU V. OKULAJA (1998) 4 KLR (PT 63) 965; (1998) 5 NWLR (PT. 550) 435

JUDGMENTS - Appeals - Respondent's notice - It's effect - Is only to vary and retain the judgment - But not its reversal. NABISCO INC. V. ALLIED BISCUITS CO. LTD. (1998) 7 KLR (PT 69) 1901; (1998) 10 NWLR (PT. 568) 16

JUDGMENTS - Benefits - A judgment creditor is entitled to the full benefits and fruits of his judgment by the court - And nothing less. CITYMARK (WEST AFRICA) LTD. V. LSDPC (1998) 7 KLR (PT 68) 1755; (1998) 8 NWLR (PT. 563) 681

JUDGMENTS - Comments by the Court of Appeal - Which in no way affected what the learned trial judge had done - Is not a confirmation of the judgment on grounds other than those relied upon by the trial court. OMOBORINOLA II V. MILITARY GOVERNOR OF ONDO STATE (1998) 12 KLR (PT 74) 2713; (1998) 14 NWLR (PT. 584) 89

JUDGMENTS - Concurrent findings of fact - Which have not been shown to amount to a miscarriage of Justice - Or in any way perverse - Will not be interfered with. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

JUDGMENTS - Concurrent findings - Of both the trial and appellate court - Have not been shown to be wrong or perverse - To warrant

interference by the Supreme Court. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

JUDGMENTS - Concurrent findings - Where not appealed against - And there is no proof of miscarriage of justice - Supreme Court will not disturb the findings. GODWIN V. THE CHRIST APOSTOLIC CHURCH (1998) 12 KLR (PT 73) 2465; (1998) 14 NWLR (PT. 584) 162

JUDGMENTS - Conviction - Stealing - Conviction - Based on the finding that the property owned by the appellant is over and above his income - Is clearly untenable. IDOWU V. THE STATE (1998) 9 KLR (PT 71) 2235; (1998) 11 NWLR (PT. 574) 354

JUDGMENTS - Damages - Assessment - Given by an expert automobile engineer as to value of damaged vehicle - Cannot be questioned - As the issue of the vehicle being old now raised was never pleaded. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

JUDGMENTS - Damages - Where the vehicle is a total loss - Plaintiff is entitled to the preaccident market value less the scrap value. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

JUDGMENTS - Default judgment - Application to set aside - Is prima facie not an abuse of process - Where neither the appeal filed by the applicant was entered nor was the order on the default judgment drawn up. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

JUDGMENTS - Default judgment - Judgment delivered in the absence of filing a statement of defence - And nonappearance of defence counsel - Is a default judgment. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

JUDGMENTS - Dismissal - Of the appellants' claims for damages for

trespass and injunction - Was justifiably affirmed - Where the appellants on their evidence failed to establish their ownership and/or possession of the land in dispute. OLOWOLAGBA V. BAKARE (1998) 3 KLR (PT 60) 551; (1998) 3 NWLR (PT. 543) 528

JUDGMENTS - Dismissal order - What could be dismissed - Is only an action legally and procedurally before the court. OVENSERI V. OSAGIEDE (1998) 7 KLR (PT 69) 1917; (1998) 11 NWLR (PT. 572) 1

JUDGMENTS - Dismissal - Suo motu by the Court of Appeal - For failure to file appellant's brief - The Court acted within its powers. AKUJINWA V. NWAONUMA (1998) 12 KLR (PT 73) 2621; (1998) 13 NWLR (PT. 583) 632

JUDGMENTS - Estoppel per rem judicatam - Where Exhibit "A" a judgment in a previous suit - Decided who is entitled to the chieftaincy in dispute - It operates as an estoppel per rem judicatam. OYEROGBA V. OLAOPA (1998) 12 KLR (PT 73) 2595; (1998) 13 NWLR (PT. 583) 509

JUDGMENTS - Evidence - Admissibility - Inadmissible  evidence which was not objected to - This will not affect its inadmissibility - As parties cannot by consent admit in evidence that which by law is inadmissible. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

JUDGMENTS - Evidence - Proof - Where the plaintiff raised an issue but led no evidence in proof thereof - The issue is deemed to have been abandoned - And whatever the Court of Appeal said thereon went to no issue. OMOBORINOLA II V. MILITARY GOVERNOR OF ONDO STATE (1998) 12 KLR (PT 74) 2713; (1998) 14 NWLR (PT. 584) 89

JUDGMENTS - Evidence - The Rule in KOJO II v. BONSIE - Where the plaintiff failed to prove his case - The learned trial judge had no alternative but to have dismissed the claims - Without recourse to the rule. OMOBORINOLA II V. MILITARY GOVERNOR OF ONDO

STATE (1998) 12 KLR (PT 74) 2713; (1998) 14 NWLR (PT. 584) 89

JUDGMENTS - Execution - Sheriffs and Civil Process Law s. 44 - The reasonable diligence required by it - In finding movable property to attach - Has not been complied with. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

JUDGMENTS - Extrinsic evidence - Is inadmissible in substitution of judicial documents - Judgment of a superior court of record should speak for itself. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

JUDGMENTS - Finality of - Decision - Which conclusively disposed of the rights of the parties to the vehicle in issue - And as to whether the same could be attached or not - Is a final decision. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

JUDGMENTS - Finding of fact - Must be based on credible evidence - Or reasonable inference drawn from facts presented by the prosecution. IDOWU V. THE STATE (1998) 9 KLR (PT 71) 2235; (1998) 11 NWLR (PT. 574) 354

JUDGMENTS - Finding of guilt - Forgery - Failure to detect the alterations of the cash balances in the cash sheet - Cannot be a proper ground for finding the appellant guilty of the offence. IDOWU V. THE STATE (1998) 9 KLR (PT 71) 2235; (1998) 11 NWLR (PT. 574) 354

JUDGMENTS - Finding - Possession - Trial court's finding of possession and better title in favour of appellants - Was erroneously interfered with by the Court of Appeal. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

JUDGMENTS - Findings - Of the trial High Court - Which were all unfavourable to the plaintiff - And knocked the bottom out of his case - The case should have been dismissed outright. OMOBORINOLA II

V. MILITARY GOVERNOR OF ONDO STATE (1998) 12 KLR (PT 74) 2713; (1998) 14 NWLR (PT. 584) 89

JUDGMENTS - Grant of leave to discontinue an action - In view of the special plea of estoppel per rem judicatam raised in the statement of defence - The learned trial judge was entitled to look at the averments - In deciding whether or not to grant the leave. AGHADIUNO V. ONUBOGU (1998) 4 KLR (PT 61) 681; (1998) 5 NWLR (PT. 548) 16

JUDGMENTS - Grounds of appeal - Decision of the Court of Appeal - Which failed to advert to the new grounds of appeal filed by the appellant - But was based on issues formulated on them - Did not amount to any miscarriage of justice. OKONKWO V. OKONKWO (1998) 7 KLR (PT 70) 2031; (1998) 10 NWLR (PT. 571) 554

JUDGMENTS - Injunction - To support a legal right - Was properly granted. KELE V. NWEREKERE (1998) 3 KLR (PT 60) 565; (1998) 3 NWLR (PT. 543) 515

JUDGMENTS - Injunctions - Relief sought - As an injunction follows the natural cause of events in a case - It was proper to grant the injunction in the circumstances of this case. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

JUDGMENTS - Interference with findings of fact - Will not Ordinarily be done by appellate court - Save in some exceptional circumstances - Such as where the findings are perverse. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

JUDGMENTS - Interlocutory decision - A decision made by the Trial court on wrongful admission or rejection of evidence - Is part of the main trial and not an interlocutory decision - Unless a special case has been made in respect of the issue. OKOBIA V. AJANYA (1998) 5 KLR (PT 65) 1277; (1998) 6 NWLR (PT. 554) 348

JUDGMENTS - Interlocutory Order - The test to be applied in deciding whether an order is final or interlocutory - Is the one which looks at the

order made and not at the nature of the proceedings - And the determinant factor is whether the rights of the parties are finally disposed of by the order appealed against. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

JUDGMENTS - Islamic law - Oath of judgment - Claim affecting a deceased person's estate - Where the respondent acquired title over the land through prescription (hauzi) - He must be made to take the oath. KADA V. YAWA (1998) 7 KLR (PT 69) 1877; (1998) 10 NWLR (PT. 569) 196

JUDGMENTS - Islamic Law - Oath of judgment - Was wrongly administered - Since right to claim deceased persons' property was not established. JATAU V. MAILAFIYA (1998) 1 KLR (PT 56) 61; (1998) 1 NWLR (PT. 535) 682

JUDGMENTS - Long Possession -  Entitlement to judgment on that basis - The land where the appellants claim to have been in long possession - Is not the same as the area in dispute in the present proceedings. AGBAKA V. AMADI (1998) 7 KLR (PT 70) 2107; (1998) 11 NWLR (PT. 572) 16

JUDGMENTS - Miscarriage of justice - Where the trial judge anchored his decision on another ground - Although the submission that plaintiffs could not plead res judicata is correct - There has been no miscarriage of justice. LADIMEJI V. SALAMI (1998) 4 KLR (PT 61) 719; (1998) 5 NWLR (PT. 548) 1

JUDGMENTS - Native courts judgments or proceedings - Appellate court can go an extra mile in considering them - Towards ascertaining the real issues in dispute. AGBASI V. OBI (1998) 1 KLR (PT 56) 39; (1998) 2 NWLR (PT. 536) 1

JUDGMENTS - Notice of appeal - When the trial court granted the application to set aside its default judgment - The notice of appeal pending became impliedly abandoned. MOHAMMED V. HUSSEINI

(1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

JUDGMENTS - Nullity - Leave granted to attach immovable property being a nullity - All things done pursuant to it are equally a nullity. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

JUDGMENTS - Nullity - Null order is incurably bad - There is no need for an order of court to set it aside - But it is sometimes convenient to have the court declare it to be so. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

JUDGMENTS - Observation by Court of Appeal - Does not amount to a reversal of trial court's finding - That 1st defendant was not a witness of truth. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

JUDGMENTS - Order of a new trial - In view of the findings of the registrar which were not appealed against - And that no miscarriage of justice was occasioned - Nothing can be gained from an order of a new trial. NABISCO INC. V. ALLIED BISCUITS CO. LTD. (1998) 7 KLR (PT 69) 1901; (1998) 10 NWLR (PT. 568) 16

JUDGMENTS - Order - Signed by a single justice of the Court of Appeal - This does not make it the order of a single justice. AKUJINWA V. NWAONUMA (1998) 12 KLR (PT 73) 2621; (1998) 13 NWLR (PT. 583) 632

JUDGMENTS - Pleadings - Evidence - Lower courts holding that appellants' evidence was at variance with their pleadings - Is a total misconception of their case. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

JUDGMENTS - Pleadings - Traverse - Simple denial of a major issue of ownership of vehicle in a traverse - Without pleading more facts - Lower courts rightly held that 1st respondent was owner of the vehicle.

IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

JUDGMENTS - Possession - Order for possession - Made on an application ex parte - Is clearly a nullity. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

JUDGMENTS - Possession - Trespass - Is essentially a tort against possession - Failure of claim for title - Does not mean claim for trespass must also fail. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

JUDGMENTS - Relief not claimed - Or which is more than what was claimed - Should not be granted - As erroneously done by the trial court. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

JUDGMENTS - Res judicata - Subject matter - Identity of the land in dispute -Failure to establish same subject matter - Plea of res judicata was rightly rejected. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

JUDGMENTS - Retrial - Traditional history in land matter - Where not considered nor resolved - Retrial will be ordered. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

JUDGMENTS - Reversal - Setting aside the decision of the trial court - Which was not the result of a proper appraisal and evaluation of the evidence - Was correct. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

JUDGMENTS - Sale of family land - Where declared void - Court cannot order return of the purchase price - As there was no counter claim to that effect. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

JUDGMENTS - Sale of Family Land - Where declared void for nemo dat quod non habet - It is immaterial that the vendor acted as family head or agent. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

JUDGMENTS - Setting aside - Power of court - Until the court pronounced a judgment on merit or by consent - It retains the power to set it aside - And the power is discretionary. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

JUDGMENTS - Setting aside - Sale of family land - Equitable remedy - Setting aside the sale of family property - Delay in challenging the contract of sale - The appellant has lost his right to have the transaction reopened. OKONKWO V. OKONKWO (1998) 7 KLR (PT 70) 2031; (1998) 10 NWLR (PT. 571) 554

JUDGMENTS - Setting aside trial court's judgment - By relying on irrelevant exhibits and inapplicable English authorities - Is erroneous. OKPANUM V. S.G.E NIG. LTD (1998) 5 KLR (PT 65) 1323; (1998) 7 NWLR (PT. 559) 537

JUDGMENTS - Slip - Complaint of appellant - That alleged error of trial court - Was not considered by the Court of Appeal - Is not justified - In spite of a slip by that court. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

JUDGMENTS - Title - Proving the boundaries and title to a smaller parcel of land - Erroneous grant of title to the entire land verged green by the lower courts - Will be amended by the Supreme Court - By granting title to the smaller parcel verged pink. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

JUDGMENTS - Traditional history evidence - Where cogent as in the present case - Can support a claim for declaration of title. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998)

11 NWLR (PT. 575) 529

JUDGMENTS - Traditional history - Of each side - Where not considered no resolved by the trial court - Retrial ought to have been ordered by the court below. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

JUDGMENTS - Verdicts - That the trial court can give - In a case properly before the court. OVENSERI V. OSAGIEDE (1998) 7 KLR (PT 69) 1917; (1998) 11 NWLR (PT. 572) 1

JUDGMENTS - Writ of attachment - The order cannot be made behind the back of the judgment debtor - Without breaching his right to fair hearing. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

JUDICIAL PRECEDENTS - Chieftaincy matters - Jurisdiction of high court to pronounce on Chieftaincy Edict - Supreme Court decision in Labiyi's case - Was followed by the Court of Appeal. SANUMI V. GOVERNOR ONDO STATE (1998) 1 KLR (PT 56) 27; (1998) 1 NWLR (PT. 534) 365

JUDICIAL PRECEDENTS - Statutory provisions - The decision in N.P.A. v. Constructioni Generali & Anor - Where the statutory provision relied on in that case is not in pari materia with the statutory provision in the present case - The Court of Appeal was right in refusing to follow the decision. FAWEHINMI CONST. CO. LTD. V. OBAFEMI AWOLOWO UNIV. (1998) 5 KLR (PT 64) 1171; (1998) 6 NWLR (PT. 553) 171

JURISDICTION - Admiralty jurisdiction of the Federal High Court - Where the plaintiff claims that it made some disbursements on account of various vessels as ship agent - And has not been reimbursed - The cause of action is one falling within the admiralty jurisdiction of the Federal High Court. SCHIFFAHRSKONTOR GMBH V. RIVWAY LINES LTD (1998) 4 KLR (PT 61) 769; (1998) 5 NWLR (PT. 549)

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JURISDICTION - Appeals - Cause - To entertain a cause - Once an appeal is duly entered in an appellate court - The court has jurisdiction to entertain the cause. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

JURISDICTION - Chieftaincy matters - Powers of the high court - The Edict in issue derogates from the powers of the high court - To entertain Chieftaincy suits. OFFOR V. OSAGIE II (1998) 1 KLR (PT 57) 217; (1998) 3 NWLR (PT. 541) 205

JURISDICTION - Constitutional rights - Enforcement procedure - By s. 42 of the Constitution original jurisdiction to entertain the matter is conferred on the High Court - And not the Supreme Court. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

JURISDICTION - Criminal law - Jurisdiction - Transfer of a case from one customary court to another in the same judicial division - The latter customary court would have jurisdiction if the matter was properly transferred to it. EJIKE V. IFEADI (1998) 6 KLR (PT 66) 1497; (1998) 8 NWLR (PT. 561) 323

JURISDICTION - Ouster - Of the jurisdiction of the trial court under Decree No. 17 of 1984 - To be effective the appellant must have been retired by the appropriate authority. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

JURISDICTION - Question - Can be raised at any stage of the proceedings or on appeal - As a substantive point of law. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

JURISDICTION - Stay of execution - Court of Appeal - Jurisdiction - To make an order for a stay of execution on terms which may differ

from those imposed by the trial High Court - May only be exercised at the instance of the applicant in the court below. CITYMARK (WEST AFRICA) LTD. V. LSDPC (1998) 7 KLR (PT 68) 1755; (1998) 8 NWLR (PT. 563) 681

JURISDICTION - Third Party Notice - Jurisdiction of the Court - Challenged thereof based purely on procedural law - Can be waived - But not when it is a matter of substantive law. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

JURISDICTION - Third Party Notice - Jurisdiction of the High Court over a 3rd party which is resident abroad - The court has jurisdiction. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

JUSTICE - Courts - Substantial justice - Extension of time - In the exercise of its discretion in such applications - The court must be guided by consideration of doing substantial justice between the parties. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

LAND LAW - Acquisition of rights - Doctrine of lis pendens - Does not disallow acquisition of rights over a property in dispute by a party to the litigation - So long as any of the other parties to the litigation is not prejudiced. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

LAND LAW - Boundary - Issue of there being no defined boundary - And the court drawing one - Does not arise in this case. OSHO V. APE (1998) 6 KLR (PT 67) 1571; (1998) 8 NWLR (PT. 562) 492

LAND LAW - Boundary men - Rejection of their evidence - Boundary men should be treated like any other witness - And the trial court is free to accept or reject the evidence of any witness - Provided there are sufficient reasons for doing so. OJOKOLOBO V. ALAMU (1998) 7 KLR (PT 68) 1719; (1998) 9 NWLR (PT. 565) 226

LAND LAW - Certificate of occupancy - Procured during the pendency of the action - Pronouncement by the trial judge that it was obtained by fraud - Is justified. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

LAND LAW - Conflicting traditional histories - The court was right to have discarded the conflicting histories of both sides - And applied the principle enunciated in KOJO II V. BONSIE. OJOKOLOBO V. ALAMU (1998) 7 KLR (PT 68) 1719; (1998) 9 NWLR (PT. 565) 226

LAND LAW - Contract for the sale of land - Rescission - Where the conduct of the plaintiff was an unequivocal rescission of the contract - He is estopped from contending that the original contract still subsists. UDE V. OSUJI (1998) 10 KLR (PT 72) 2413; (1998) 13 NWLR (PT. 580) 1

LAND LAW - Conveyancing - Forgery allegation - Is proved beyond reasonable doubt - And the forged conveyance exhibit 2 being vitiated transferred no title. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

LAND LAW -Conveyancing - Plaintiff's failure to sign the document as purchaser - Would not affect the fact of conveyance of the plot to her - In view of the uncontradicted evidence that plaintiff paid for same. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

LAND LAW - Customary law of Bini - Igiogbe is inherited by the eldest surviving son - After performing his father's second burial. IMADE V. OTABOR (1998) 3 KLR (PT 59) 497; (1998) 4 NWLR (PT. 544) 20

LAND LAW - Customary law of Bini - Igiogbe under Bini custom - How properly defined. IMADE V. OTABOR (1998) 3 KLR (PT 59) 497; (1998) 4 NWLR (PT. 544) 20

LAND LAW - Customary law of Bini - Igiogbe under Bini custom - How

properly defined. IMADE V. OTABOR (1998) 3 KLR (PT 59) 497; (1998) 4 NWLR (PT. 544) 20

LAND LAW - Customary law of Bini - Oba's approval - Where not obtained by plaintiff's grandfather - Title of predecessor is not proved and the case ought to fail. IMADE V. OTABOR (1998) 3 KLR (PT 59) 497; (1998) 4 NWLR (PT. 544) 20

LAND LAW - Damages - Demolition of house - Unlawful demolition - Of the respondent's house on the orders of the appellant - The behaviour of the appellant falls within the category of cases in which exemplary damages could be awarded. ODIBA V. AZEGE (1998) 7 KLR (PT 68) 1731; (1998) 9 NWLR (PT. 566) 370

LAND LAW - Declaration of title - Where the claim fails - It does not mean that a claim in damages for trespass and injunction on the same land - Must also fail. OLOWOLAGBA V. BAKARE (1998) 3 KLR (PT 60) 551; (1998) 3 NWLR (PT. 543) 528

LAND LAW - Declaratory action - Onus of proof - Is on the plaintiff and he must succeed on the strength of his own case - And not on the weakness of the defence except where the case for the defence supports plaintiff's case. NKWO V. IBOE (1998) 6 KLR (PT 66) 1387; (1998) 7 NWLR (PT. 558) 354

LAND LAW - Evidence - Proof - Failure of plaintiff to prove his case - Leaves the case without merit and the suit would be dismissed. UCHE V. EKE (1998) 7 KLR (PT 68) 1671; (1998) 9 NWLR (PT. 564) 24

LAND LAW - Family land - Absolute grant thereof - Need not be proved by appellant - Mere allocation to him as a family member - Coupled with exclusive possession would be sufficient. AGBOMEJI V. BAKARE (1998) 7 KLR (PT 68) 1687; (1998) 9 NWLR (PT. 564) 1

LAND LAW - Family land - Allocation of the land in dispute was made to appellant - And allocation of family land is equivalent to a grant. AGBOMEJI V. BAKARE (1998) 7 KLR (PT 68) 1687; (1998) 9 NWLR

(PT. 564) 1

LAND LAW - Family land - Conveyance - By one Principal member out of three - And without the head of the family joining - Is void ab initio. BABAYEJU V. ASHAMU (1998) 7 KLR (PT 69) 1861; (1998) 9 NWLR (PT. 567) 546

LAND LAW - Family land - Document of sale - Executed without the consent of the head or principal family members - Is a nullity. UCHE V. EKE (1998) 7 KLR (PT 68) 1671; (1998) 9 NWLR (PT. 564) 24

LAND LAW - Forfeiture - Remedy for - Would only arise if the trespass alleged by the respondent - Is in respect of the area granted to appellant's father. OSHO V. APE (1998) 6 KLR (PT 67) 1571; (1998) 8 NWLR (PT. 562) 492

LAND LAW - Identity - Of the land in dispute - Where it is well known to both sides - The issue of proof of same goes to no issue. OSHO V. APE (1998) 6 KLR (PT 67) 1571; (1998) 8 NWLR (PT. 562) 492

LAND LAW - Islamic law - Oath of rebuttal - Claim of property in the possession of another - The claimant is required to prove his claim by calling witnesses - If he fails the defendant will be called upon to take the oath of rebuttal - Unless the defendant has been in undisturbed possession for up to the period of hauzi (Prescription). KADA V. YAWA (1998) 7 KLR (PT 69) 1877; (1998) 10 NWLR (PT. 569) 196

LAND LAW - Islamic law - Title by prescription - Where the appellant saw the respondent farming the land in dispute - And did not raise any objection - There is ample evidence to hold that the respondent acquired title by prescription. KADA V. YAWA (1998) 7 KLR (PT 69) 1877; (1998) 10 NWLR (PT. 569) 196

LAND LAW - Lis pendens doctrine - Operates to prevent the effective transfer of any real property in dispute - During the pendency of the litigation. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

LAND LAW - Lis pendens - Where the appellants' predecessor - in - title bought the land in dispute during the pendency of litigation - He got no title as the vendors have nothing to sell. ALAKIJA V. ABDULAI (1998) 5 KLR (PT 64) 1135; (1998) 6 NWLR (PT. 552) 1

LAND LAW - Locus standi - Family land acquired by government - Portion thereof subsequently released - Was released to the 14 sections of the family - And they all have standing to sue. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

LAND LAW - Long Possession -  Entitlement to judgment on that basis - The land where the appellants claim to have been in long possession - Is not the same as the area in dispute in the present proceedings. AGBAKA V. AMADI (1998) 7 KLR (PT 70) 2107; (1998) 11 NWLR (PT. 572) 16

LAND LAW - Partition of family land - A case for partition was made out by appellant - As he established lack of peace and disharmony - Among the four branches of the family. AGBOMEJI V. BAKARE (1998) 7 KLR (PT 68) 1687; (1998) 9 NWLR (PT. 564) 1

LAND LAW - Partition - The issue of partition is not established since the appellant's root of title has collapsed - Through his evidence that he is not a member of the family of the original founder of the land in dispute. NDUKWE V. ACHA (1998) 5 KLR (PT 64) 1113; (1998) 6 NWLR (PT. 552) 25

LAND LAW - Possession - Trespass - Is essentially a tort against possession - Failure of claim for title - Does not mean claim for trespass must also fail. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

LAND LAW - Possession - Trial court's finding of possession and better title in favour of appellants - Was erroneously interfered with by the Court of Appeal. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353;

(1998) 12 NWLR (PT. 577) 169

LAND LAW - Purchaser for value - Without notice of any fraud - On the proved facts - The defence of purchaser for value does not avail. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

LAND LAW - Res judicata - Subject matter - Identity of the land in dispute -Failure to establish same subject matter - Plea of res judicata was rightly rejected. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

LAND LAW - Retrial - Traditional history in land matter - Where not considered nor resolved - Retrial will be ordered. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

LAND LAW - Sale of family land - By some members of the family - At a time the land was acquired by government - Is null and void. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

LAND LAW - Sale of family land - Equitable remedy - Setting aside the sale of family property - Delay in challenging the contract of sale - The appellant has lost his right to have the transaction reopened. OKONKWO V. OKONKWO (1998) 7 KLR (PT 70) 2031; (1998) 10 NWLR (PT. 571) 554

LAND LAW - Sale of family land - Sale of land in dispute to the defendant's vendor by the family - After the land has been partitioned and granted to the plaintiff's Vendor - Is irregular and invalid. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

LAND LAW - Sale of family land - Where declared void - Court cannot order return of the purchase price - As there was no counter claim to that effect. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

LAND LAW - Sale of family property - By the head of family with the concurrence of a majority of the principal members of the family - Is valid. OKONKWO V. OKONKWO (1998) 7 KLR (PT 70) 2031; (1998) 10 NWLR (PT. 571) 554

LAND LAW - Sale of Family Land - Where declared void for nemo dat quod non habet - It is immaterial that the vendor acted as family head or agent. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

LAND LAW - Sale of land - Caught by the doctrine of lis pendens - The further transfer of the same land to the appellant was also null and void. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

LAND LAW - Statutory right of occupancy - Awarded by the trial court - Is erroneous as there was no such claim - But no miscarriage of justice was occasioned. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

LAND LAW - Survey plan attached to certificate of occupancy - Where found to be in respect of a land two miles away - The certificate confers no title. IMADE V. OTABOR (1998) 3 KLR (PT 59) 497; (1998) 4 NWLR (PT. 544) 20

LAND LAW - Title - Burden of Proof - Plaintiff having proved purchase through her husband - Onus shifted to the 1st defendant to prove the original purchaser - As averred by him. ABASI V. BRAIMAH (1998) 10 KLR (PT 72) 2427; (1998) 13 NWLR (PT. 581) 167

LAND LAW - Title - Claim to a declaration of entitlement to a right of occupancy - Plaintiff must rely on the strength of his case - Title of his predecessor must be established. IMADE V. OTABOR (1998) 3 KLR (PT 59) 497; (1998) 4 NWLR (PT. 544) 20

LAND LAW - Title - Failure of plaintiff to plead or reveal his vendors'

root of title - Makes his pleading incomplete - As any grant of land is worthless - If the root of title is not vested in the Vendor. UCHE V. EKE (1998) 7 KLR (PT 68) 1671; (1998) 9 NWLR (PT. 564) 24

LAND LAW - Title - Proof of roots of title - Where evidence of traditional history contradicts plaintiff's pleadings - He had not proved his root of title as pleaded. NDUKWE V. ACHA (1998) 5 KLR (PT 64) 1113; (1998) 6 NWLR (PT. 552) 25

LAND LAW - Title - Proving the boundaries and title to a smaller parcel of land - Erroneous grant of title to the entire land verged green by the lower courts - Will be amended by the Supreme Court - By granting title to the smaller parcel verged pink. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

LAND LAW - Title - Reliance on a particular mode of acquisition of title - Where not proved - It is not permissible to substitute other matters such as acts of possession - To warrant inference of the ownership not pleaded as root of title. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

LAND LAW - Traditional history evidence - Where cogent as in the present case - Can support a claim for declaration of title. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

LAND LAW - Traditional history - Of each side - Where not considered no resolved by the trial court - Retrial ought to have been ordered by the court below. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

LAND LAW - Traditional history - Resolving the issue of the parties' rival traditional history - Can only be done by the trial court and not the Court of Appeal. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

LAND LAW - Trespass - Claim for trespass - Where the appellant had

failed to establish title - And there is no evidence that he was in effective possession of the land in dispute - His claim for trespass cannot succeed. NDUKWE V. ACHA (1998) 5 KLR (PT 64) 1113; (1998) 6 NWLR (PT. 552) 25

LAND LAW - Trespass - Title - Claim for trespass to land - Coupled with a claim for an injunction - Automatically puts the title of the parties to such land in issue. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

LAND LAW - Trespass - Tenancy - Which terminates at the end of each farming season - The appellants became trespassers thereafter - When they were on the land without the consent of the respondents. KELE V. NWEREKERE (1998) 3 KLR (PT 60) 565; (1998) 3 NWLR (PT. 543) 515

LAND LAW - Trespass - Where the respondents were rightly adjudged to have a better title - And to be in exclusive possession of the land in dispute - The only option open to the court is to dismiss appellants' claims in trespass. OLOWOLAGBA V. BAKARE (1998) 3 KLR (PT 60) 551; (1998) 3 NWLR (PT. 543) 528

LAND LAW - Unlawful demolition - Where the evidence has established beyond any doubt - That the appellant directed the demolition of the respondent's house - He should be answerable for such oppressive act. ODIBA V. AZEGE (1998) 7 KLR (PT 68) 1731; (1998) 9 NWLR (PT. 566) 370

LANDLORD & TENANT - Annual rental value of the premises - Based merely on respondent's ipse dixit - Was erroneously relied upon by lower court. METAL CONSTRUCTION LTD. V. ABODERIN (1998) 6 KLR (PT 67) 1599; (1998) 8 NWLR (PT. 563) 538

LANDLORD & TENANT - Claims - Alternative claims - In rent or compensation for use and occupation of the premises - Were properly made - As supporting material facts were pleaded. METAL CONSTRUCTION LTD. V. ABODERIN (1998) 6 KLR (PT 67) 1599;

(1998) 8 NWLR (PT. 563) 538

LANDLORD & TENANT - Mesne profit - Must not be based on the past rent - As landlord is entitled to recover the real higher value of the premises. METAL CONSTRUCTION LTD. V. ABODERIN (1998) 6 KLR (PT 67) 1599; (1998) 8 NWLR (PT. 563) 538

LANDLORD & TENANT - Tenant at sufferance - Arises when a person is holding over after his tenancy has ended - Landlord is entitled to recover compensation for such use of his premises. METAL CONSTRUCTION LTD. V. ABODERIN (1998) 6 KLR (PT 67) 1599; (1998) 8 NWLR (PT. 563) 538

LANDLORD & TENANT - Termination of tenancy - Where found to have been pleaded - Lower court rightly based its award with effect from the right date. METAL CONSTRUCTION LTD. V. ABODERIN (1998) 6 KLR (PT 67) 1599; (1998) 8 NWLR (PT. 563) 538

LEGAL PRACTITIONERS - Appearance in court - Once this is announced - Whether the counsel is holding brief for another counsel or not -The court takes it that he is fully mandated to conduct the case. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

LEGAL PRACTITIONERS - Negligence of counsel - Ought not to be visited on the litigant - Particularly where the litigant is not equally at default with his counsel. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

LEGISLATION - Courts - Legislation - Revocation of the law providing for death penalty - Is not a matter for the Law Courts - But is within the exclusive jurisdiction of the legislature. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

LEGISLATION - Decree No. 17 of 1984 - Retrospective operation - Was clearly intended - And it will not be declared incompetent for that reason. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70)

2055; (1998) 10 NWLR (PT. 570) 392

LEGISLATION - Duty of the courts - In interpreting words used by the legislature - Is to state the law and not to enact law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

LEGISLATION - Interpretation of Statutes - Clear statutory provisions - Cannot be stretched beyond its context - Powers of court to travel outside the words used by the legislature - Are strictly limited. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

LEGISLATION - Public Officers Protection Law - The phrase "any person" used therein - Is not limited to human beings or natural persons - But includes artificial persons known to law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

LIMITATION OF ACTIONS - "Public Officers" - Used within the Limitation Law - Government positions such as attorney-general although public offices - Are public officers in law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

LIMITATION OF ACTIONS - Admiralty jurisdiction enforceable in rem - Exemption from the provisions of S. 7(1) of the Limitation Act - The Plaintiff's cause of action being one within the Admiralty jurisdiction which is enforceable in rem - The action taken to enforce its right though in personam - Is exempted from the provisions of S. 7(1). SCHIFFAHRSKONTOR GMBH V. RIVWAY LINES LTD (1998) 4 KLR (PT 61) 769; (1998) 5 NWLR (PT. 549) 265

LIMITATION OF ACTIONS - Public Officers - Limitation of actions Public Officers acting outside the bounds of their public authority - Automatically lose protection of the Limitation Law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR

(PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

LIMITATION OF ACTIONS - Public Officers Protection Law - The phrase "any person" used therein - Is not limited to human beings or natural persons - But includes artificial persons known to law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

LIMITATION OF ACTIONS - Reckoning of the statutory period - What is barred after the statutory period is the action - Proper of definition of "action" and "cause of action". SCHIFFAHRSKONTOR GMBH V. RIVWAY LINES LTD (1998) 4 KLR (PT 61) 769; (1998) 5 NWLR (PT. 549) 265

LIMITATION OF ACTIONS - Statute bar - Action instituted after limitation period - Is totally barred - As right to commence the action is extinguished by law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

LIMITATION OF ACTIONS - Statute bar - Public Officers Protection Law - Respondents having been held to be public officers - Action against them commenced after 3 months - Is statute barred. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

LOCUS STANDI - Action - Where the plaintiffs have ready interest in a raging controversy - They had the locus standi to institute the action. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

LOCUS STANDI - Land Law - Family land acquired by government - Portion thereof subsequently released - Was released to the 14 sections of the family - And they all have standing to sue. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

MASTER & SERVANT - Dismissal - Misappropriation of company's funds - Is not a criminal offence. OSAKWE V. NIGERIAN PAPER MILL LTD. (1998) 7 KLR (PT 69) 1937; (1998) 10 NWLR (PT. 568) 1

MASTER & SERVANT - Dismissal - Right to fair hearing - Allegation of breach - The Board was not obliged to act quasi-judicially - But rather purely administratively. OSAKWE V. NIGERIAN PAPER MILL LTD. (1998) 7 KLR (PT 69) 1937; (1998) 10 NWLR (PT. 568) 1

MASTER & SERVANT - Fair hearing - Employee who was not found guilty of the complaint against him - But was removed for an allegation he was not confronted with - Was not availed of the opportunity of being heard. THE COUNCIL OF FED. POLY MUBI V. YUSUF (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 533) 343

MASTER & SERVANT - Order for reinstatement - In a contract of personal service - Will rarely be made - The remedy against party in breach lies in damages. OSAKWE V. NIGERIAN PAPER MILL LTD. (1998) 7 KLR (PT 69) 1937; (1998) 10 NWLR (PT. 568) 1

MASTER & SERVANT - Public Officers (Special Provisions Decree) 1984 No. 17 - Applies to all public officers - And any Public officer could be removed under it. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

MASTER & SERVANT - Retirement of a public officer - The appropriate authority is not required to state the reasons for his decision. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

MASTER & SERVANT - Statutory provision - Termination of appointment - In contravention of statutory provision - Is null and void ab initio. THE COUNCIL OF FED. POLY MUBI V. YUSUF (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 533) 343

MASTER & SERVANT - Summary dismissal - For gross misconduct -

Is justified. OSAKWE V. NIGERIAN PAPER MILL LTD. (1998) 7 KLR (PT 69) 1937; (1998) 10 NWLR (PT. 568) 1

MASTER & SERVANT - Summary dismissal - Where the servant is guilty of misconduct - Summary dismissal is justified. SHUAIBU V. NIGERIA-ARAB BANK LTD. (1998) 4 KLR (PT 62) 891; (1998) 5 NWLR (PT. 551) 582

MASTER & SERVANTS - Retirement - Ouster - Of the jurisdiction of the trial court under Decree No. 17 of 1984 - To be effective the appellant must have been retired by the appropriate authority. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

MAXIMS - Nemo dat quod non habet - Sale of Family Land - Where declared void for nemo dat quod non habet - It is immaterial that the vendor acted as family head or agent. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

MAXIMS - Omnia praesumuntur rite esse acta - Arraignment - Carried out in a manner which was substantially regular - The maxim applies in the matter of the validity. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

MAXIMS - Omnia Praesumuntur rite esse acta - What it means. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

MORTGAGES - Discretion - Conferred by a proviso - The essence of it will be defeated if the option to pick and choose is absent. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

MORTGAGES - Exemption clause - Interpretation - Provision bereft of any ambiguity - The duty of the court is to interpret it - In enforceable terms without more. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

MORTGAGES - Proviso - Requiring prior consent for any further mortgage or charge - Confers a discretionary power on the lender. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

MOTIONS - Ex parte motion - When not to be used. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

MOTIONS - Extension of time - Application for an extension time - Rules of Court must prima facie be obeyed - And there must be some concrete material upon which the court is to base the exercise of its discretion. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

MOTIONS - Extension of time - In such an application the applicant must establish good reasons to explain satisfactorily the delay in taking the steps in issue - And whatever decision a Court arrives at must entirely depend on the exercise of its discretionary jurisdiction. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

MOTIONS - Extension of time - Where there are two motions - One for the dismissal or striking out of proceedings and the other for extension of time within which to regularize the proceedings - A court ought to take the latter before considering the former. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

MOTIONS - Fair hearing - Denial - Where the Court of Appeal unilaterally granted the respondents' motion for the dismissal of the appeal - Without hearing both counsel on the application - It was in definite error. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

MURDER - Cause of death - Medical evidence - Where there are facts

which sufficiently show the cause of death - Medical evidence is not essential. EFFIONG V. THE STATE (1998) 5 KLR (PT 65) 1347; (1998) 8 NWLR (PT. 562) 362

MURDER - Circumstantial evidence - Conduct - Of the appellant after the deceased was last seen with him - Furnished cogent evidence of his guilt. ADEPETU V. THE STATE (1998) 7 KLR (PT 68) 1781; (1998) 9 NWLR (PT. 565) 185

MURDER - Circumstantial evidence - Where direct evidence of eye witness is not available - The court may infer from the facts proved the existence of other facts - That may logically tend to prove the guilt of an accused person. ADEPETU V. THE STATE (1998) 7 KLR (PT 68) 1781; (1998) 9 NWLR (PT. 565) 185

MURDER - Common Intention - There is plethora of evidence that both the appellant and the 1st accused had the common intention - Of terminating the life of the deceased. AHMED V. THE STATE (1998) 7 KLR (PT 69) 1835; (1998) 9 NWLR (PT. 566) 389

MURDER - Coroner's inquest - It is not true that because there was no coroner's inquest - The case against the appellant was not proved. ADEPETU V. THE STATE (1998) 7 KLR (PT 68) 1781; (1998) 9 NWLR (PT. 565) 185

MURDER - Premeditated Killing - From the circumstances of the case the two courts below were right in coming to the conclusion - That the deceased died as a result of the concerted criminal act of the 1st accused and the appellant. AHMED V. THE STATE (1998) 7 KLR (PT 69) 1835; (1998) 9 NWLR (PT. 566) 389

MURDER - Prima facie case - The facts proved in the instant case established a prima facie case - Requiring appellant as a matter of common sense to explain what he did with the deceased. ADEPETU V. THE STATE (1998) 7 KLR (PT 68) 1781; (1998) 9 NWLR (PT. 565) 185

NATURAL JUSTICE - Audi alteram partem principle - A person against whom a complaint is laid - Must be heard in all trials whether judicial or administrative. THE COUNCIL OF FED. POLY MUBI V. YUSUF (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 533) 343

NATURAL JUSTICE - Real likelihood of bias - Circumstances under which a judge is precluded from hearing a case. ADEFULU V. OKULAJA (1998) 4 KLR (PT 63) 965; (1998) 5 NWLR (PT. 550) 435

 NEGLIGENCE - Accident - Negligence - Where established from the evidence - Doctrine of res ipsa loquitur will not apply. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

OBJECTIONS - Evidence - Admissibility - Inadmissible  evidence which was not objected to - This will not affect its inadmissibility - As parties cannot by consent admit in evidence that which by law is inadmissible. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

OBJECTIONS - Jurisdiction - The question can be raised at any stage of the proceedings or on appeal - As a substantive point of law. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

OBJECTIONS - Preliminary objection - Alleged error that arose in the court below - Can only be considered before the Supreme Court and not the lower Court. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

OBJECTIONS - Preliminary objection - Submission that a ground of appeal is incompetent - Because it complains against concurrent findings - Is not a matter for preliminary objection. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

OBJECTIONS - Preliminary Objection - Notice of - The purpose is to give the adversary an opportunity of reacting to the objection.

AGBAKA V. AMADI (1998) 7 KLR (PT 70) 2107; (1998) 11 NWLR (PT. 572) 16

ORDERS - Court - Discontinuance - Order to be made in an application for leave to discontinue a suit - Is a matter exclusively for the court in exercise of its judicial discretion - But all the circumstances of the case must inevitably be taken into consideration. AGHADIUNO V. ONUBOGU (1998) 4 KLR (PT 61) 681; (1998) 5 NWLR (PT. 548) 16

ORDERS - Discontinuance notice - Where it is invalid - The Court below ought to have remitted the case to the High Court for hearing - But there is no invalidity in the present case. AGHADIUNO V. ONUBOGU (1998) 4 KLR (PT 61) 681; (1998) 5 NWLR (PT. 548) 16

ORDERS - Dismissal order - What could be dismissed - Is only an action legally and procedurally before the court. OVENSERI V. OSAGIEDE (1998) 7 KLR (PT 69) 1917; (1998) 11 NWLR (PT. 572) 1

ORDERS - Injunctions - Relief sought - As an injunction follows the natural cause of events in a case - It was proper to grant the injunction in the circumstances of this case. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

ORDERS - Master & Servant - Order for reinstatement - In a contract of personal service - Will rarely be made - The remedy against party in breach lies in damages. OSAKWE V. NIGERIAN PAPER MILL LTD. (1998) 7 KLR (PT 69) 1937; (1998) 10 NWLR (PT. 568) 1

ORDERS - Nullity - Leave granted to attach immovable property being a nullity - All things done pursuant to it are equally a nullity. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

ORDERS - Nullity - Null order is incurably bad - There is no need for an order of court to set it aside - But it is sometimes convenient to have the court declare it to be so. LEEDO PRESIDENTIAL MOTEL LTD.

V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

ORDERS - Order of dismissal - Appeal against it - Court of Appeal was right to make the order which the trial court ought to have made - By applying s. 16 Court of Appeal Act. OVENSERI V. OSAGIEDE (1998) 7 KLR (PT 69) 1917; (1998) 11 NWLR (PT. 572) 1

ORDERS - Order - Signed by a single justice of the Court of Appeal - This does not make it the order of a single justice. AKUJINWA V. NWAONUMA (1998) 12 KLR (PT 73) 2621; (1998) 13 NWLR (PT. 583) 632

ORDERS - Possession - Order for possession - Made on an application ex parte - Is clearly a nullity. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

ORDERS - Retrial order - Is not appropriate where the plaintiff's case failed intoto - And no irregularity is apparent on the records or shown to the court - The order of dismissal was properly made. UDIH V. IDEMUDIA (1998) 3 KLR (PT 59) 423; (1998) 4 NWLR (PT. 545) 231

ORDERS - Retrial - Traditional history in land matter - Where not considered nor resolved - Retrial will be ordered. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

ORDERS - Retrial - Traditional history - Of each side - Where not considered no resolved by the trial court - Retrial ought to have been ordered by the court below. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

ORDERS - Sale of family land - Where declared void - Court cannot order return of the purchase price - As there was no counter claim to that effect. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

PARTIES - Actions - Complaint of the defendants that the two courts below considered issues between the wrong parties lacks merit - In view of the explanation given by the 2nd defendant. LADIMEJI V. SALAMI (1998) 4 KLR (PT 61) 719; (1998) 5 NWLR (PT. 548) 1

PARTIES - Head of family - Party suing in that capacity - Where substituted without deleting the capacity - New party must be shown to be head of the family. AGBABIAKA V. SAIBU (1998) 7 KLR (PT 70) 2151; (1998) 10 NWLR (PT. 571) 534

PARTIES - Necessary party to an action - Is one whose presence is necessary - And should be bound by the result of the action. BABAYEJU V. ASHAMU (1998) 7 KLR (PT 69) 1861; (1998) 9 NWLR (PT. 567) 546

PARTIES - Record of Proceedings - Presumption of regularity - Where the record is complete but did not show that the parties applied for or consented to a hearing date - The presumption is not applicable. FAWEHINMI CONST. CO. LTD. V. OBAFEMI AWOLOWO UNIV. (1998) 5 KLR (PT 64) 1171; (1998) 6 NWLR (PT. 553) 171

PLEADINGS - Admission - Failure by defendant - To admit or deny an averment - Amounted to admission - And the fact of acquisition in 1976 stands proved - As no issue was joined on that averment. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

PLEADINGS - Burden of Proof - Based on the state of the pleadings - Is on the party who would fail - If no evidence were given on either side. UDIH V. IDEMUDIA (1998) 3 KLR (PT 59) 423; (1998) 4 NWLR (PT. 545) 231

PLEADINGS - Contradiction - Title - Proof of roots of title - Where evidence of traditional history contradicts plaintiff's pleadings - He had not proved his root of title as pleaded. NDUKWE V. ACHA (1998) 5 KLR (PT 64) 1113; (1998) 6 NWLR (PT. 552) 25

PLEADINGS - Estoppel - From of pleading - It is not necessary to plead estoppel in any particular form - So long as the matters constituting estoppel are stated in such a manner - To show that the party pleading relies upon it as a defence or answer. ALAKIJA V. ABDULAI (1998) 5 KLR (PT 64) 1135; (1998) 6 NWLR (PT. 552) 1

PLEADINGS - Evidence - At variance with pleadings - Issues are tried on parties' pleadings and the parties are bound thereby. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

PLEADINGS - Evidence - Lower courts holding that appellants' evidence was at variance with their pleadings - Is a total misconception of their case. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

PLEADINGS - Evidence on facts not pleaded - Is worthless and goes to no issue. VANDERPUYE V. GBADEBO (1998) 2 KLR (PT 58) 287; (1998) 3 NWLR (PT. 541) 271

PLEADINGS - Evidence - Plan - Being a piece of evidence does not require detailed pleadings. OSHO V. APE (1998) 6 KLR (PT 67) 1571; (1998) 8 NWLR (PT. 562) 492

PLEADINGS - Issue - Assessment - Given by an expert automobile engineer as to value of damaged vehicle - Cannot be questioned - As the issue of the vehicle being old now raised was never pleaded. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

PLEADINGS - Joining issue - Further evidence - Where the parties did not join issue - And the proposed further evidence was not pleaded - It goes to no issue. OKPANUM V. S.G.E NIG. LTD (1998) 5 KLR (PT 65) 1323; (1998) 7 NWLR (PT. 559) 537

PLEADINGS - Joining of issue - Reply - Ought to controvert fact in the statement of defence - For the issues raised thereon to be joined.

ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

PLEADINGS - Landlord & tenant - Material facts - Where averred in the statement of claim - Any legal consequence of the pleaded facts can be presented. METAL CONSTRUCTION LTD. V. ABODERIN (1998) 6 KLR (PT 67) 1599; (1998) 8 NWLR (PT. 563) 538

PLEADINGS - Material facts - Inconsistent sets thereof - Though a party can plead two or more inconsistent sets of material facts - Facts relating to alternative claims should not be mixed up. METAL CONSTRUCTION LTD. V. ABODERIN (1998) 6 KLR (PT 67) 1599; (1998) 8 NWLR (PT. 563) 538

PLEADINGS - Proof - Abandonment of plaintiffs' averment - By failing to call evidence - Defendant cannot call evidence on that averment - Which was not his case. YUSUF V. OYETUNDE (1998) 10 KLR (PT 72) 2327; (1998) 12 NWLR (PT. 579) 483

PLEADINGS - Proof by evidence - Where the averments in the statement of claim were expressly admitted in the statement of defence - Such averments need no further proof. MERIDIEN TRADE CORP. LTD. V. METAL CONST. (W.A.) LTD. (1998) 3 KLR (PT 59) 447; (1998) 4 NWLR (PT. 544) 1

PLEADINGS - Relief not pleaded - A trial judge has no power to grant a relief not pleaded by the parties. OKOBIA V. AJANYA (1998) 5 KLR (PT 65) 1277; (1998) 6 NWLR (PT. 554) 348

PLEADINGS - Sufficiency - Issue of defendant's accountability - Was sufficiently pleading and established by evidence. GODWIN V. THE CHRIST APOSTOLIC CHURCH (1998) 12 KLR (PT 73) 2465; (1998) 14 NWLR (PT. 584) 162

PLEADINGS - Title - Failure of plaintiff to plead or reveal his vendors' root of title - Makes his pleading incomplete - As any grant of land is worthless - If the root of title is not vested in the Vendor. UCHE V. EKE (1998) 7 KLR (PT 68) 1671; (1998) 9 NWLR (PT. 564) 24

PLEADINGS - Traverse - Is not effective - In a claim for liquidated demand in money - Where the allegation had not been denied expressly or by implication - It must be deemed to be indirectly admitted. MERIDIEN TRADE CORP. LTD. V. METAL CONST. (W.A.) LTD. (1998) 3 KLR (PT 59) 447; (1998) 4 NWLR (PT. 544) 1

PLEADINGS - Traverse - Issue of ownership of vehicle - Where no emphasis was laid on it by counsel during trial - Mere denial in general traverse - Is not sufficient. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

PLEADINGS - Traverse - Simple denial of a major issue of ownership of vehicle in a traverse - Without pleading more facts - Lower courts rightly held that 1st respondent was owner of the vehicle. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

PLEADINGS - Traverse - To be proper - Must deny specifically each allegation of fact in the statement of claim. ELENDU V. EKWOABA (1998) 10 KLR (PT 72) 2385; (1998) 12 NWLR (PT. 578) 320

PLEADINGS - Traverse - Whether by denial or refusal to admit - Must not be evasive - But must answer the point of substance. MERIDIEN TRADE CORP. LTD. V. METAL CONST. (W.A.) LTD. (1998) 3 KLR (PT 59) 447; (1998) 4 NWLR (PT. 544) 1

PLEADINGS - Variation - Evidence which is at variance with plaintiff's pleadings - The Court has no power to expunge the evidence - In order to save the case of the plaintiff from collapsing. NDUKWE V. ACHA (1998) 5 KLR (PT 64) 1113; (1998) 6 NWLR (PT. 552) 25

PLEADINGS - Words & Phrases - "If any sum at all" - Is quite different from or any sum at all - And makes a world of difference to the meaning of the pleading. MERIDIEN TRADE CORP. LTD. V. METAL CONST. (W.A.) LTD. (1998) 3 KLR (PT 59) 447; (1998) 4 NWLR

(PT. 544) 1

PRACTICE & PROCEDURE - Adjournment - The views of the parties or their counsel on the issue must be recorded - And where an Order is challenged as incompetent because the parties never addressed on it - That order must be set aside. FAWEHINMI CONST. CO. LTD. V. OBAFEMI AWOLOWO UNIV. (1998) 5 KLR (PT 64) 1171; (1998) 6 NWLR (PT. 553) 171

PRACTICE & PROCEDURE - Amendment - Leave to file an amended plan - What stood before the filing of the amended plan in the statement of claim is no longer material before the court - And no longer defines the issues to be tried. OSHO V. APE (1998) 6 KLR (PT 67) 1571; (1998) 8 NWLR (PT. 562) 492

PRACTICE & PROCEDURE - Amendment - Made with the consent of both counsel for the parties - Objection to its admissibility in evidence is of no avail - As the evidence is not by law inadmissible in all circumstances. OSHO V. APE (1998) 6 KLR (PT 67) 1571; (1998) 8 NWLR (PT. 562) 492

PRACTICE & PROCEDURE - Appeals - Constitution of appeal court - Where out of three justices hearing an appeal only two were present at the delivery of the judgment - The proceedings is not vitiated. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

PRACTICE & PROCEDURE - Appeals - Grounds of appeal - Leave - Grounds that deal with questions of fact - Instead of law alone as they were framed - Will be struck out for failure to obtain leave. GODWIN V. THE CHRIST APOSTOLIC CHURCH (1998) 12 KLR (PT 73) 2465; (1998) 14 NWLR (PT. 584) 162

PRACTICE & PROCEDURE - Appeals - Interpleader proceedings - Jurisdiction of Court of Appeal - Where the interpleader decision is final - And the appeal was lodged within the statutory period - The Court of Appeal has jurisdiction. OLATUNDE V. OBAFEMI AWOLOWO

UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

PRACTICE & PROCEDURE - Appeals - Issue - Newly raised before the Supreme Court - Without leave - Will be struck out for being incompetent. GODWIN V. THE CHRIST APOSTOLIC CHURCH (1998) 12 KLR (PT 73) 2465; (1998) 14 NWLR (PT. 584) 162

PRACTICE & PROCEDURE - Appearance - A party who has entered an appearance may at any time withdraw with leave of court - Under Order 29 Rule 1 of the Edo State High Court (Civil Procedure) Rules. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

PRACTICE & PROCEDURE - Counter claim - Is entitled to fail - Where cogent reason was not advanced to buttress it. VANDERPUYE V. GBADEBO (1998) 2 KLR (PT 58) 287; (1998) 3 NWLR (PT. 541) 271

PRACTICE & PROCEDURE - Default judgment - Application to set aside - Is prima facie not an abuse of process - Where neither the appeal filed by the applicant was entered nor was the order on the default judgment drawn up. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

PRACTICE & PROCEDURE - Default judgment - Oral application to proceed with the hearing of the case made and granted on the same date - The proper thing was to adjourn the case to another date for proof - And to put the other counsel on notice. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT. 584) 108

PRACTICE & PROCEDURE - Discontinuance - Grant of leave to discontinue an action - In view of the special plea of estoppel per rem judicatam raised in the statement of defence - The learned trial judge was entitled to look at the averments - In deciding whether or not to grant the leave. AGHADIUNO V. ONUBOGU (1998) 4 KLR (PT 61)

681; (1998) 5 NWLR (PT. 548) 16

PRACTICE & PROCEDURE - Evidence - Admissibility - Inadmissible  evidence which was not objected to - This will not affect its inadmissibility - As parties cannot by consent admit in evidence that which by law is inadmissible. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

PRACTICE & PROCEDURE - Evidence - Admissibility - Inadmissible  evidence which was not objected to - This will not affect its inadmissibility - As parties cannot by consent admit in evidence that which by law is inadmissible. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

PRACTICE & PROCEDURE - Ex parte motion - When not to be used. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

PRACTICE & PROCEDURE - Execution - Sheriffs and Civil Process Law s. 44 - The reasonable diligence required by it - In finding movable property to attach - Has not been complied with. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

PRACTICE & PROCEDURE - Extension of time - Application for an extension time - Rules of Court must prima facie be obeyed - And there must be some concrete material upon which the court is to base the exercise of its discretion. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

PRACTICE & PROCEDURE - Extension of time - Dismissal of the application for extension of time - Where it amounts to a miscarriage of justice - The exercise of discretion by the Court will be disturbed. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

PRACTICE & PROCEDURE - Extension of time - In such an

application the applicant must establish good reasons to explain satisfactorily the delay in taking the steps in issue - And whatever decision a Court arrives at must entirely depend on the exercise of its discretionary jurisdiction. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

PRACTICE & PROCEDURE - Extension of time - Where there are two motions - One for the dismissal or striking out of proceedings and the other for extension of time within which to regularize the proceedings - A court ought to take the latter before considering the former. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

PRACTICE & PROCEDURE - Interpleader proceedings - Hearsay - Evidence of the judgment creditor being hearsay - Is not credible to establish his case. KALA V. POTISKUM (1998) 1 KLR (PT 57) 231; (1998) 3 NWLR (PT. 540) 1

PRACTICE & PROCEDURE - Interpleader proceedings - The burden is generally on the claimant to prove his claim - As done by the 1st respondent in this case. KALA V. POTISKUM (1998) 1 KLR (PT 57) 231; (1998) 3 NWLR (PT. 540) 1

PRACTICE & PROCEDURE - Interpleader Proceedings - Decision - Which conclusively disposed of the rights of the parties to the vehicle in issue - And as to whether the same could be attached or not - Is a final decision. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

PRACTICE & PROCEDURE - Jurisdiction - Third Party Notice - Jurisdiction of the Court - Challenged thereof based purely on procedural law - Can be waived - But not when it is a matter of substantive law. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

PRACTICE & PROCEDURE - Notice of discontinuance - Brought after the date fixed for hearing - The application was not invalid since

how it was headed is of no consequence - And as the notice was not brought under the first limb of Order 47 Rule 1 - The ratio decidendi of Okorodudu's case would not apply. AGHADIUNO V. ONUBOGU (1998) 4 KLR (PT 61) 681; (1998) 5 NWLR (PT. 548) 16

PRACTICE & PROCEDURE - Notice of discontinuance - Brought under Order 47 Rule 1 of the High Court Rules, Eastern Nigeria, - Where Counsel had declared his intention to withdraw the action - And sought an adjournment to enable him bring a formal application - The learned trial judge was perfectly right to have treated the notice subsequently filed - As an application to withdraw the suit under the second limb of Order 47 Rule 1. AGHADIUNO V. ONUBOGU (1998) 4 KLR (PT 61) 681; (1998) 5 NWLR (PT. 548) 16

PRACTICE & PROCEDURE - Pleadings - Evidence on facts not pleaded - Is worthless and goes to no issue. VANDERPUYE V. GBADEBO (1998) 2 KLR (PT 58) 287; (1998) 3 NWLR (PT. 541) 271

PRACTICE & PROCEDURE - Pleadings - Issue of ownership of vehicle - Where no emphasis was laid on it by counsel during trial - Mere denial in general traverse - Is not sufficient. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

PRACTICE & PROCEDURE - Prima facie case - Where not made out by plaintiff against the defendants - Plaintiff's claims against them ought to be dismissed - Without hearing the case of the defendants. DAODU V. N.N.P.C. (1998) 1 KLR (PT 57) 167; (1998) 2 NWLR (PT. 538) 355

PRACTICE & PROCEDURE - Service of process - Failure to serve notice of proceeding - Is a fundamental defect - Which goes to the root of the competence of the court. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

PRACTICE & PROCEDURE - Striking out the cause - For plaintiff's non appearance under O.41 r. 2 - Is different from dismissing the suit

for want of prosecution. ECHAKA CATTLE RANCH LTD. V. N.A.C. BANK LTD. (1998) 3 KLR (PT 59) 471; (1998) 4 NWLR (PT. 547) 526

PRACTICE & PROCEDURE - Third Party Notice - Defect in service - Once the notice is validly issued - Any defect in service becomes a mere irregularity. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

PRACTICE & PROCEDURE - Third Party Notice - Object - The main object of the procedure is to prevent multiplicity of actions. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

PRACTICE & PROCEDURE - Third Party Notice - Procedural requirements - Where the 3rd party has already taken steps in the proceedings - He must be taken to have waived all irregularities in that respect. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

PRACTICE & PROCEDURE - Third Party Notice - Unconditional appearance - Entering of - Indicates an intention to defend the suit. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

PRACTICE & PROCEDURE - Third Party Proceedings - Has a life of its own - So that even where the main action has been settled - The 3rd party proceedings may proceed. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

PRACTICE & PROCEDURE - Writ of attachment - The order cannot be made behind the back of the judgment debtor - Without breaching his right to fair hearing. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

PRACTICE & PROCEDURE - Writ of Execution - Against immovable property - Application for - Although the law is silent on how it is to be made - Judgment debtor is to be put on notice. LEEDO PRESIDENTIAL MOTEL LTD. V. BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

PROPERTY LAW - Acquisition of rights - Doctrine of lis pendens - Does not disallow acquisition of rights over a property in dispute by a party to the litigation - So long as any of the other parties to the litigation is not prejudiced. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

PROPERTY LAW - Lis pendens doctrine - The basis for its application - Is to prevent effective transfer of rights in property - Which is subject matter of an action pending in court. ALAKIJA V. ABDULAI (1998) 5 KLR (PT 64) 1135; (1998) 6 NWLR (PT. 552) 1

PROPERTY LAW - Right of lien - Where the agreement in issue was not validly determined in accordance with the terms of the contract - The claimant's claim to lien was premature - And had not accrued as provided for under the contract. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

RES IPSA LOQUITUR - Negligence - Where established from the evidence - Doctrine of res ipsa loquitur will not apply. IBEANU V. OGBEIDE (1998) 9 KLR (PT 71) 2279; (1998) 12 NWLR (PT. 576) 1

RES JUDICATA - Conditions - To sustain the plea - Conditions that must be satisfied by the defendants. AGBASI V. OBI (1998) 1 KLR (PT 56) 39; (1998) 2 NWLR (PT. 536) 1

RES JUDICATA - Decision - In a Previous Proceeding that is inconclusive - Cannot be used as a res judicata. UMARU V. ABDUL-MUDALLABI (1998) 7 KLR (PT 69) 1955; (1998) 11 NWLR (PT. 573) 247

RES JUDICATA - Estoppel per rem judicatam - The principle of - What it means. OYEROGBA V. OLAOPA (1998) 12 KLR (PT 73) 2595; (1998) 13 NWLR (PT. 583) 509

RES JUDICATA - Estoppel per rem judicatam - Where Exhibit "A" a judgment in a previous suit - Decided who is entitled to the chieftaincy in dispute - It operates as an estoppel per rem judicatam. OYEROGBA V. OLAOPA (1998) 12 KLR (PT 73) 2595; (1998) 13 NWLR (PT. 583) 509

RES JUDICATA - Estoppel per rem judicatam - Where the parties joined issue on the judgment in a previous suit - And the conditions precedent to the operation of the doctrine exist - The doctrine properly applies. ALAKIJA V. ABDULAI (1998) 5 KLR (PT 64) 1135; (1998) 6 NWLR (PT. 552) 1

RES JUDICATA - Plea of res judicata - For it to be successful - It must be shown that the parties, issues and subject matter in the previous action - Are the same as those in the present action. LADIMEJI V. SALAMI (1998) 4 KLR (PT 61) 719; (1998) 5 NWLR (PT. 548) 1

RES JUDICATA - Plea of res judicata - Was not open to the plaintiffs - And the courts below ought not to have regarded plaintiff's pleadings as raising res judicata. LADIMEJI V. SALAMI (1998) 4 KLR (PT 61) 719; (1998) 5 NWLR (PT. 548) 1

RES JUDICATA - Plea of - Sustaining the plea - The lower courts were correct - In holding that the plea availed the defendants. AGBASI V. OBI (1998) 1 KLR (PT 56) 39; (1998) 2 NWLR (PT. 536) 1

RES JUDICATA - Procedural error - Contention that the lower Court should have considered the cross appeal first - Because it raised the plea of res judicata - Is irrelevant. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

RES JUDICATA - Subject matter - Identity of the land in dispute -Failure to establish same subject matter - Plea of res judicata was rightly

rejected. IBENYE V. AGWU (1998) 9 KLR (PT 71) 2191; (1998) 11 NWLR (PT. 574) 372

RETRIAL - Leave of Court - Alternative prayer for an order of retrial - Leave of Supreme Court is not necessary to raising the prayer. KALA V. POTISKUM (1998) 1 KLR (PT 57) 231; (1998) 3 NWLR (PT. 540) 1

RULES OF COURT - Court of Appeal Rules 1981 - Order 3 rule 23 - Court of Appeal is empowered to give any judgment or make any order that ought to be made - Although such decision was not appealed against. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

RULES OF COURT - Edo State High Court (Civil Procedure) Rules - Appearance - A party who has entered an appearance may at any time withdraw with leave of court - Under Order 29 Rule 1 of the Edo State High Court (Civil Procedure) Rules. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

RULES OF COURT - Granting what was not claimed - High Court Rules of Eastern Nigeria - Order 54 Rule 2 - The provision does not empower a court to enter judgment in favour of a party - In respect of what he has not claimed. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

RULES OF COURT - Respondent's notice - That did not comply with the requirements - Of Order 3 rule 14 of the Court of Appeal Rules - Is incompetent - And should be struck out. NABISCO INC. V. ALLIED BISCUITS CO. LTD. (1998) 7 KLR (PT 69) 1901; (1998) 10 NWLR (PT. 568) 16

STATUTES - "Appropriate authority" - In Decree No. 17 of 1984 for an office held under the Federal Government - It's definition. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

STATUTES - "Public Officer" - Under Decree No 17 of 1984 - What it connotes. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

STATUTES - Arraignment - Provisions of s. 215 Criminal Procedure Law - Must be strictly complied with - For there to be a valid arraignment. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

STATUTES - Court of Appeal Act 1976 - General powers under s. 16 - May be resorted to by the Court of Appeal in dealing with wrongful admission or rejection of evidence - By taking one of three steps. OKOBIA V. AJANYA (1998) 5 KLR (PT 65) 1277; (1998) 6 NWLR (PT. 554) 348

STATUTES - Decree No. 17 of 1984 - Ouster - Of the jurisdiction of the trial court under Decree No. 17 of 1984 - To be effective the appellant must have been retired by the appropriate authority. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

STATUTES - Decree No. 17 of 1984 - Retirement of a public officer - The appropriate authority is not required to state the reasons for his decision. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

STATUTES - Decree No. 17 of 1984 - Retrospective operation - Was clearly intended - And it will not be declared incompetent for that reason. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

STATUTES - Electricity Supply Regulation ss. 2, 26(1) and 27 - Safety measures directed thereunder where high tension cables are installed over metal roof - Was taken care of when the respondent earthed the house of the appellant. ORHUE V. NATIONAL ELECTRIC POWER AUTHORITY (1998) 5 KLR (PT 65) 1301; (1998) 7 NWLR (PT. 557)

187

STATUTES - Evidence Act - Credibility of witnesses - Previous proceedings - Evidence of the appellants witnesses in the earlier Proceedings - Was considered by the trial judge under s. 199 rather than s.34(1) of the Evidence Act. AGBAKA V. AMADI (1998) 7 KLR (PT 70) 2107; (1998) 11 NWLR (PT. 572) 16

STATUTES - Evidence Act - S. 161 - Admissibility - Extrajudicial statement made by the Appellant's wife - Who was not called as a witness - Cannot be inadmissible under s.161 of the Evidence Act. OKORO V. THE STATE (1998) 12 KLR (PT 74) 2837; (1998) 14 NWLR (PT. 584) 181

STATUTES - Granting what was not claimed - High Court Rules of Eastern Nigeria - Order 54 Rule 2 - The provision does not empower a court to enter judgment in favour of a party - In respect of what he has not claimed. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

STATUTES - Interpretation Death penalty - S. 30 (1) of the 1979 Constitution - The provision thereof - Has not proscribed the death penalty. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

STATUTES - Interpretation of Statutes - Clear statutory provisions - Cannot be stretched beyond its context - Powers of court to travel outside the words used by the legislature - Are strictly limited. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

STATUTES - Interpretation - Public Officers Protection Law - The phrase "any person" used therein - Is not limited to human beings or natural persons - But includes artificial persons known to law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

STATUTES - Interpretation - Right recognized under s. 30 (1) of the Constitution - If the legislature had intended to take away the right by s. 31 (1) (a) of the same document - It would have done this by clear terms. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

STATUTES - Interpretation - S.7 (3) of the Limitation Act - Interpretation of "cause of action" to mean "action" - Such an interpretation will only lead to absurdity - There is no place for the incorporation of the mischief rule in this case. SCHIFFAHRSKONTOR GMBH V. RIVWAY LINES LTD (1998) 4 KLR (PT 61) 769; (1998) 5 NWLR (PT. 549) 265

STATUTES - Interpreting words used by the legislature - Is to state the law and not to enact law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

STATUTES - Order of transfer - Power of the chief judge under s. 45 Customary Courts Edict 1978 - As the chief Judge had no power to order a transfer - The Order and proceedings following are null and void. EJIKE V. IFEADI (1998) 6 KLR (PT 66) 1497; (1998) 8 NWLR (PT. 561) 323

STATUTES - Public Officers (Special Provisions Decree) 1984 No. 17 - Applies to all public officers - And any Public officer could be removed under it. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

STATUTES - Revocation of the law providing for death penalty - Is not a matter for the Law Courts - But is within the exclusive jurisdiction of the legislature. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

STATUTES - Sheriffs and Civil Process Law s. 44 - The reasonable diligence required by it - In finding movable property to attach - Has not been complied with. LEEDO PRESIDENTIAL MOTEL LTD. V.

BANK OF THE NORTH (1998) 7 KLR (PT 70) 1985; (1998) 10 NWLR (PT. 570) 353

STAY OF EXECUTION - Counter affidavit to the applicant's motion - The Court is entitled to consider such facts put before it - With a view to exercising its discretion judicially and judiciously. CITYMARK (WEST AFRICA) LTD. V. LSDPC (1998) 7 KLR (PT 68) 1755; (1998) 8 NWLR (PT. 563) 681

STAY OF EXECUTION - Court of Appeal - Jurisdiction - To make an order for a stay of execution on terms which may differ from those imposed by the trial High Court - May only be exercised at the instance of the applicant in the court below. CITYMARK (WEST AFRICA) LTD. V. LSDPC (1998) 7 KLR (PT 68) 1755; (1998) 8 NWLR (PT. 563) 681

STAY OF EXECUTION - Dismissed claims - For the purpose of maintaining the status quo pending the determination of appeal - Stay of execution is not an appropriate remedy - The applicant's claims having been dismissed. YARO V. AREWA CONSTRUCTION LTD. (1998) 6 KLR (PT 66) 1479; (1998) 7 NWLR (PT. 558) 368

STAY OF EXECUTION - Equitable Orders - The Court of Appeal - Possesses far reaching powers to make just and equitable orders - With a view to preserving the res. CITYMARK (WEST AFRICA) LTD. V. LSDPC (1998) 7 KLR (PT 68) 1755; (1998) 8 NWLR (PT. 563) 681

STAY OF EXECUTION - Executory relief - Where the courts did not grant any executory relief in respect of the property in dispute - There is nothing to be stayed. YARO V. AREWA CONSTRUCTION LTD. (1998) 6 KLR (PT 66) 1479; (1998) 7 NWLR (PT. 558) 368

STAY OF EXECUTION - New terms - The Court of Appeal was right to prescribe new terms - Quite distinct from those stipulated by the trial court - So long as they were given within the confines of the law. CITYMARK (WEST AFRICA) LTD. V. LSDPC (1998) 7 KLR (PT 68) 1755; (1998) 8 NWLR (PT. 563) 681

STAY OF EXECUTION - Special circumstances - The court has a discretion to grant it - If there are exceptional and special circumstances - To warrant a deprivation of the successful party of the fruits of his judgment - But the onus is on the applicant to establish this. CITYMARK (WEST AFRICA) LTD. V. LSDPC (1998) 7 KLR (PT 68) 1755; (1998) 8 NWLR (PT. 563) 681

STAY OF EXECUTION - Terms before appeal court - Court of Appeal Act, section 18 - Powers of the Court of Appeal under it - Are not fettered by the terms of the grant at the lower court. CITYMARK (WEST AFRICA) LTD. V. LSDPC (1998) 7 KLR (PT 68) 1755; (1998) 8 NWLR (PT. 563) 681

SUCCESSION - Customary law of Bini - Igiogbe cannot be given out in one's lifetime - And any such gift would be void - As succession to Igiogbe is by inheritance. IMADE V. OTABOR (1998) 3 KLR (PT 59) 497; (1998) 4 NWLR (PT. 544) 20

SUCCESSION - Wills - Due execution of - And the testamentary capacity to do so - The burden of proof lies on the propounder of the Will - Then the onus would shift to the challenger. OKELOLA V. BOYLE (1998) 1 KLR (PT 57) 129; (1998) 2 NWLR (PT. 539) 533

SUCCESSION- Wills - Validity of a Will - It is essential that the testator should know and approve of its contents - Even if it is prepared by a legal practitioner. OKELOLA V. BOYLE (1998) 1 KLR (PT 57) 129; (1998) 2 NWLR (PT. 539) 533

SUPREME COURT - Alternative issue - When not to be considered by the Supreme Court - As a court of last resort. AGBASI V. OBI (1998) 1 KLR (PT 56) 39; (1998) 2 NWLR (PT. 536) 1

SUPREME COURT - Concurrent findings of fact - Based on admissible evidence - And that were not perverse - The Supreme Court will not interfere. UAC NIG. LTD. V. FASHEYITAN (1998) 7 KLR (PT 69) 1889; (1998) 11 NWLR (PT. 573) 179

SUPREME COURT - Concurrent findings of fact - By the two lower courts - Will not be disturbed by the Supreme Court - Without any convincing ground. VANDERPUYE V. GBADEBO (1998) 2 KLR (PT 58) 287; (1998) 3 NWLR (PT. 541) 271

SUPREME COURT - Concurrent findings of fact - The Supreme Court has no duty in interfering with concurrent findings of fact - Unless they are shown to be perverse. AHMED V. THE STATE (1998) 7 KLR (PT 69) 1835; (1998) 9 NWLR (PT. 566) 389

SUPREME COURT - Concurrent findings of facts - Will not be disturbed by the Supreme Court - Save where the findings are perverse or substantially erroneous. OLADELE V. ANIBI (1998) 7 KLR (PT 68) 1659; (1998) 9 NWLR (PT. 567) 559

SUPREME COURT - Constitutional rights - Enforcement procedure - By s. 42 of the Constitution original jurisdiction to entertain the matter is conferred on the High Court - And not the Supreme Court. KALU V. THE STATE (1998) 12 KLR (PT 74) 2739; (1998) 13 NWLR (PT. 583) 531

SUPREME COURT - Extension of time - Practice Directions of 1982 - The recognized principles upon which application for extension of time were granted prior to the issuance of the practice Directions of 1982 - Remain good law and applicable. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

SUPREME COURT - Fresh point - Raising of fresh point not previously raised at the lower courts - Will not be allowed at the Supreme Court - Unless no further evidence is required and the point arose from an issue raised in the pleadings. OSHO V. APE (1998) 6 KLR (PT 67) 1571; (1998) 8 NWLR (PT. 562) 492

SUPREME COURT - Interference - Concurrent findings - Of both the trial and appellate court - Have not been shown to be wrong or perverse - To warrant interference by the Supreme Court. MOHAMMED V. HUSSEINI (1998) 12 KLR (PT 74) 2649; (1998) 14 NWLR (PT.

584) 108

SUPREME COURT - Interference - Concurrent findings - Where not appealed against - And there is no proof of miscarriage of justice - Supreme Court will not disturb the findings. GODWIN V. THE CHRIST APOSTOLIC CHURCH (1998) 12 KLR (PT 73) 2465; (1998) 14 NWLR (PT. 584) 162

SUPREME COURT - Interference - Dismissal or striking out of appeal - Where either order can be justified on alternative grounds - Supreme Court will not interfere with the dismissal order made by the Court of Appeal. SANUMI V. GOVERNOR ONDO STATE (1998) 1 KLR (PT 56) 27; (1998) 1 NWLR (PT. 534) 365

SUPREME COURT - Intervention - Discretion - Exercise of discretion based on wrong and unproven considerations - The Supreme Court is duty bound to intervene in the matter. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

SUPREME COURT - Issue - Newly raised before the Supreme Court - Is incompetent - As appeal does not lie from the High Court to the Supreme Court. ALAKIJA V. ABDULAI (1998) 5 KLR (PT 64) 1135; (1998) 6 NWLR (PT. 552) 1

SUPREME COURT - Issue - Newly raised before the Supreme Court - Without leave - Will be struck out for being incompetent. GODWIN V. THE CHRIST APOSTOLIC CHURCH (1998) 12 KLR (PT 73) 2465; (1998) 14 NWLR (PT. 584) 162

SUPREME COURT - Locus standi - Where the defendants did not cross-appeal in the Court of Appeal - It is late to raise the issue in the Supreme Court. OVENSERI V. OSAGIEDE (1998) 7 KLR (PT 69) 1917; (1998) 11 NWLR (PT. 572) 1

SUPREME COURT - Previous decisions - The Supreme Court has no power extra judicially to nullify its previous decisions - Such decisions may be annulled by legislation or by a judicial decision of the court

given intra judicially. LONG-JOHN V. BLAKK (1998) 5 KLR (PT 65) 1221; (1998) 6 NWLR (PT. 555) 524

SUPREME COURT - Title - Proving the boundaries and title to a smaller parcel of land - Erroneous grant of title to the entire land verged green by the lower courts - Will be amended by the Supreme Court - By granting title to the smaller parcel verged pink. EZEAKABEKWE V. EMENIKE (1998) 9 KLR (PT 71) 2257; (1998) 11 NWLR (PT. 575) 529

TORTS - Conversion - What plaintiff may claim - Is the value of the chattel - Though special damages may also be claimed - It does not include loss of ordinary earnings after the date of conversion. OJINI V. OGO OLUWA MOTORS LTD. (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 534) 353

TORTS - Negligence - Burden of proof - Installation of high tension cable - Where the respondent took care to make the appellant's house safe - The appellant has failed to discharge the burden of proof of negligence against the respondent. ORHUE V. NATIONAL ELECTRIC POWER AUTHORITY (1998) 5 KLR (PT 65) 1301; (1998) 7 NWLR (PT. 557) 187

TORTS - Negligence - Duty of care - Liability could only be established if plaintiff proves that the defendant owed him a duty of care - And that he suffered damage in consequence of the defendant's failure to take care. ORHUE V. NATIONAL ELECTRIC POWER AUTHORITY (1998) 5 KLR (PT 65) 1301; (1998) 7 NWLR (PT. 557) 187

TORTS - Negligence - Medical evidence - Installation of high tension cable over the appellants house - Averment that it had made him and his family to become emaciated - Can only be proved by the evidence of the medical doctor who examined them. ORHUE V. NATIONAL ELECTRIC POWER AUTHORITY (1998) 5 KLR (PT 65) 1301; (1998) 7 NWLR (PT. 557) 187

TORTS - Public nuisance - Right of action - Of a private individual - Is

available if he can prove that - He has sustained particular damage other than and beyond what might have been suffered by the general public. DAODU V. N.N.P.C. (1998) 1 KLR (PT 57) 167; (1998) 2 NWLR (PT. 538) 355

TORTS - Trespass or conversion - Court of Appeal rightly held that plaintiff's action is in trespass and not in conversion or detinue - Circumstances under which action can be maintained in conversion or trespass. OJINI V. OGO OLUWA MOTORS LTD. (1998) 1 KLR (PT 56) 1; (1998) 1 NWLR (PT. 534) 353

TORTS - Trespass - Possession - Trespass - Is essentially a tort against possession - Failure of claim for title - Does not mean claim for trespass must also fail. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

TORTS - Unlawful demolition - Where the evidence has established beyond any doubt - That the appellant directed the demolition of the respondent's house - He should be answerable for such oppressive act. ODIBA V. AZEGE (1998) 7 KLR (PT 68) 1731; (1998) 9 NWLR (PT. 566) 370

TRADEMARKS - Application for registration - Opposition proceedings - The general sequence of procedure. NABISCO INC. V. ALLIED BISCUITS CO. LTD. (1998) 7 KLR (PT 69) 1901; (1998) 10 NWLR (PT. 568) 16

TRADEMARKS - Opposition proceedings - Failure by the opponent to file statutory declaration - He is deemed to have abandoned his opposition - But the registrar has a discretion under Regulation 52 of the Trademarks Regulation 1967. NABISCO INC. V. ALLIED BISCUITS CO. LTD. (1998) 7 KLR (PT 69) 1901; (1998) 10 NWLR (PT. 568) 16

TRADEMARKS - Opposition Proceedings - Objection - Contending that there was no evidence - The Registrar is not functus officio after upholding the objection. NABISCO INC. V. ALLIED BISCUITS CO.

LTD. (1998) 7 KLR (PT 69) 1901; (1998) 10 NWLR (PT. 568) 16

TRESPASS - Better title - Where the respondents were rightly adjudged to have a better title - And to be in exclusive possession of the land in dispute - The only option open to the court is to dismiss appellants' claims in trespass. OLOWOLAGBA V. BAKARE (1998) 3 KLR (PT 60) 551; (1998) 3 NWLR (PT. 543) 528

TRESPASS - Burden of proof - In a claim for trespass to land - Is on the plaintiff to show that he has a better title than the defendant. UDIH V. IDEMUDIA (1998) 3 KLR (PT 59) 423; (1998) 4 NWLR (PT. 545) 231

TRESPASS - Claim for trespass to land - Coupled with a claim for an injunction - Automatically puts the title of the parties to such land in issue. ODUKWE V. OGUNBIYI (1998) 6 KLR (PT 67) 1523; (1998) 8 NWLR (PT. 561) 339

TRESPASS - Claim for trespass - Where the appellant had failed to establish title - And there is no evidence that he was in effective possession of the land in dispute - His claim for trespass cannot succeed. NDUKWE V. ACHA (1998) 5 KLR (PT 64) 1113; (1998) 6 NWLR (PT. 552) 25

TRESPASS - Damages - Declaration of title - Where the claim fails - It does not mean that a claim in damages for trespass and injunction on the same land - Must also fail. OLOWOLAGBA V. BAKARE (1998) 3 KLR (PT 60) 551; (1998) 3 NWLR (PT. 543) 528

TRESPASS - Dismissal - Of the appellants' claims for damages for trespass and injunction - Was justifiably affirmed - Where the appellants on their evidence failed to establish their ownership and/or possession of the land in dispute. OLOWOLAGBA V. BAKARE (1998) 3 KLR (PT 60) 551; (1998) 3 NWLR (PT. 543) 528

TRESPASS - Possession - Trespass - Is essentially a tort against possession - Failure of claim for title - Does not mean claim for trespass

must also fail. UDE V. CHIMBO (1998) 10 KLR (PT 72) 2353; (1998) 12 NWLR (PT. 577) 169

TRESPASS - Tenancy - Which terminates at the end of each farming season - The appellants became trespassers thereafter - When they were on the land without the consent of the respondents. KELE V. NWEREKERE (1998) 3 KLR (PT 60) 565; (1998) 3 NWLR (PT. 543) 515

WAIVER - Demurrer - Appearance by way of demurrer - Is not enough to amount to a waiver - Since waiver must be clear and unambiguous. FAWEHINMI CONST. CO. LTD. V. OBAFEMI AWOLOWO UNIV. (1998) 5 KLR (PT 64) 1171; (1998) 6 NWLR (PT. 553) 171

WAIVER - Irregularities - Third Party Notice - Procedural requirements - Where the 3rd party has already taken steps in the proceedings - He must be taken to have waived all irregularities in that respect. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

WAIVER - Jurisdiction - Third Party Notice - Jurisdiction of the Court - Challenged thereof based purely on procedural law - Can be waived - But not when it is a matter of substantive law. BANK OF IRELAND V. UNION BANK OF NIG. LTD. (1998) 7 KLR (PT 70) 2129; (1998) 10 NWLR (PT. 569) 178

WAIVER - Notice of determination of a contract - Mere acceptance or receipt of it - Is not per se conclusive evidence of waiver of any irregularity in the notice. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741; (1998) 5 NWLR (PT. 549) 178

WAIVER - Unequivocal act - The receipt or acceptance of notice of determination - Did not establish the doing of any unequivocal act by the contractor accepting or endorsing the situation as immaterial. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR

(PT 61) 741; (1998) 5 NWLR (PT. 549) 178

WILLS - Documents - Regularity - The maxim Omnia praesumuntur rite esse acta - Only applies with force - Where the Will is entirely regular and no suspicion attaches thereto. OKELOLA V. BOYLE (1998) 1 KLR (PT 57) 129; (1998) 2 NWLR (PT. 539) 533

WILLS - Execution - Burden of proof - Of the due execution of a Will - And the testamentary capacity to do so - Lies on the propounder of the Will - And then the onus shifts to the challenger. OKELOLA V. BOYLE (1998) 1 KLR (PT 57) 129; (1998) 2 NWLR (PT. 539) 533

WILLS - Validity of a Will - It is essential that the testator should know and approve of its contents - Even if it is prepared by a legal practitioner. OKELOLA V. BOYLE (1998) 1 KLR (PT 57) 129; (1998) 2 NWLR (PT. 539) 533

WORDS & PHRASES - " Perverse decision" - What it means. ODIBA V. AZEGE (1998) 7 KLR (PT 68) 1731; (1998) 9 NWLR (PT. 566) 370

WORDS & PHRASES - "Action" and "cause of action" - How properly defined. SCHIFFAHRSKONTOR GMBH V. RIVWAY LINES LTD (1998) 4 KLR (PT 61) 769; (1998) 5 NWLR (PT. 549) 265

WORDS & PHRASES - "Any Person" - Public Officers Protection Law - The phrase "any person" used therein - Is not limited to human beings or natural persons - But includes artificial persons known to law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

WORDS & PHRASES - "Appropriate authority" - In Decree No. 17 of 1984 for an office held under the Federal Government - It's definition. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

WORDS & PHRASES - "Brief" - What it connotes. UAC NIG. LTD. V. FASHEYITAN (1998) 7 KLR (PT 69) 1889; (1998) 11 NWLR (PT.

573) 179

WORDS & PHRASES - "Include" - How properly construed in an enactment. ARTRA IND. LTD V. N.B.C.I (1998) 3 KLR (PT 60) 581; (1998) 4 NWLR (PT. 546) 357

WORDS & PHRASES - "Individual" - The word may be construed in law - As extending not only to natural person - But to artificial persons as well. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

WORDS & PHRASES - "Person" - When used in a legal parlance - Connotes both a legal and artificial person. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

WORDS & PHRASES - "Public Officer" - Under Decree No 17 of 1984 - What it connotes. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

WORDS & PHRASES - "Public Officers" - Used within the Limitation Law - Government positions such as attorney-general although public offices - Are public officers in law. IBRAHIM V. JUDICIAL SERVICE COMMITTEE KADUNA STATE (1998) 12 KLR (PT 73) 2489; (1998) 14 NWLR (PT. 584) 1

WORDS & PHRASES - "Shuf' ah" or Pre-emption - Its definition under Maliki Law. ALKAMAWA V. BELLO (1998) 6 KLR (PT 67) 1555; (1998) 8 NWLR (PT. 561) 173

WORDS & PHRASES - "Status quo ante bellum " - How properly defined. FALOMO V. BANIGBE (1998) 6 KLR (PT 66) 1435; (1998) 7 NWLR (PT. 559) 679

WORDS & PHRASES - "Waiver" - Definition of - To amount to waiver express or implied - Two elements must coexist. OLATUNDE V. OBAFEMI AWOLOWO UNIVERSITY (1998) 4 KLR (PT 61) 741;

(1998) 5 NWLR (PT. 549) 178

WORDS & PHRASES - Estoppel per rem judicatam - The principle of - What it means. OYEROGBA V. OLAOPA (1998) 12 KLR (PT 73) 2595; (1998) 13 NWLR (PT. 583) 509

WORDS & PHRASES - Estoppel - The principle of estoppel - It's nature and when it applies. OYEROGBA V. OLAOPA (1998) 12 KLR (PT 73) 2595; (1998) 13 NWLR (PT. 583) 509

WORDS & PHRASES - Hauzi (Prescription) - Under Islamic law - What it means. KADA V. YAWA (1998) 7 KLR (PT 69) 1877; (1998) 10 NWLR (PT. 569) 196

WORDS & PHRASES - Omnia Praesumuntur rite esse acta - What it means. SHITTA-BEY V. A-G FEDERATION (1998) 7 KLR (PT 70) 2055; (1998) 10 NWLR (PT. 570) 392

WORDS & PHRASES - Pleadings - "If any sum at all" - Is quite different from or any sum at all - And makes a world of difference to the meaning of the pleading. MERIDIEN TRADE CORP. LTD. V. METAL CONST. (W.A.) LTD. (1998) 3 KLR (PT 59) 447; (1998) 4 NWLR (PT. 544) 1

WORDS & PHRASES -Yaminul Qada'i (oath of judgment) - Under Islamic Law - How defined. KADA V. YAWA (1998) 7 KLR (PT 69) 1877; (1998) 10 NWLR (PT. 569) 196

WORDS AND PHRASES - "Tainted witness" - What it connotes. EFFIONG V. THE STATE (1998) 5 KLR (PT 65) 1347; (1998) 8 NWLR (PT. 562) 362

WORDS & PHRASES - "Tainted witness" - How properly classified. OGUONZEE V. THE STATE (1998) 4 KLR (PT 63) 1031; (1998) 5 NWLR (PT. 551) 521

ACTIONS - Claim - Maintenance - Claim for a higher amount than was awarded by trial court - Cannot be granted by appeal court - Without evidence of rate of inflation. WEY V. WEY (1998) 10 KLR (PT 72) 2453 CA

ACTIONS - Claim - The court cannot give more than what is claimed - But can always give less. LION OF AFRICA INSURANCE CO. LTD. V. FISAYO (1998) 9 KLR (PT 71) 2307 CA

ACTIONS - Claims - Clause 10 of the policy which provides for a time bar - Has nothing to do with law suits brought against the company - But is intended to give the insured a maximum period within which to lodge his claim with the company. LION OF AFRICA INSURANCE CO. LTD. V. FISAYO (1998) 9 KLR (PT 71) 2307 CA

ACTIONS - Discontinuance of action - Notice of discontinuance filed after the date fixed for hearing - Plaintiff cannot discontinue as of right - But must obtain leave of court. EDUN V. AKINLEYE (1998) 1 KLR (PT 57) 253 CA

ADJOURNMENT -Court's discretion - Where refusal is based on a wrongful exercise of discretion - And it also occasioned grave injustice - Appellate court has a duty to intervene. IRUVBE V. DEMIDE (1998) 4 KLR (PT 61) 807 CA

ADJOURNMENT - Effect - Adjournment ought to be granted - Whenever it's effect is to ensure the determination of the issues between the parties on the merits - And the application is not made for the purpose of mere delay. IRUVBE V. DEMIDE (1998) 4 KLR (PT 61) 807 CA

ADJOURNMENT - Refusal by Court - Where reasons given by the trial judge for refusing adjournment - Is not borne out by the records - Adjournment should not have been refused. IRUVBE V. DEMIDE (1998) 4 KLR (PT 61) 807 CA

ADMINISTRATION OF ESTATE - Wills - Grant of probate - Where there is a dispute as to a will - Those who propound it must show by Prima facie evidence that all is in order - Then the burden shifts to those who attack the will to substantiate the allegations they have made. OJOSIPE V. ODUNSI (1998) 5 KLR (PT 64) 1199 CA

ADMINISTRATION OF ESTATE - Wills - The presumption Omina rita essa acta - Where a will is on the face of it duly executed - If the witnesses are utterly forgetful of the facts the presumption applies - But not if the recollection of the attesting witnesses is clear - In the present case the evidence of one of the witnesses is indisputably defective. OJOSIPE V. ODUNSI (1998) 5 KLR (PT 64) 1199 CA

ADMINISTRATIVE LAW - Discretionary powers - Under the Detention (of persons) Decree No. 2 of 1984 - The Donee is not accountable to the court. FAWEHINMI V. ABACHA (1998) 2 KLR (PT 58) 351 CA

ADMINISTRATIVE LAW - Legislative judgment - Detention Order - Does not qualify as a legislative judgment by any means. FAWEHINMI V. ABACHA (1998) 2 KLR (PT 58) 351 CA

AFFIDAVITS - Documents - Admissibility - Affidavit evidence - Where a witness had given viva voce evidence - Trial court rightly refused to admit affidavit containing the same facts. ENYE V. EKOH (1998) 1 KLR (PT 56) 99 CA

AGENCY - Agent's authority - Onus is on the buyer to show that the agent has actual or ostensible authority - The onus was not discharged in this case. ESENKAY LTD. V. LEVENTIS STORES LTD (1998) 5 KLR (PT 65) 1365 CA

AGENCY - Contract - Agency relationship - Limited authority - Mere canvasser whose ostensible authority is to collect L.P.O. - Has no authority to take back goods delivered directly by the principal. ESENKAY LTD. V. LEVENTIS STORES LTD (1998) 5 KLR (PT 65) 1365 CA

AGENT PROVOCATEUR - Criminal law - Giving of gratification to a public servant - The giver in this case is not a victim but an agent provocateur. INDIERIYO V. THE STATE (1998) 1 KLR (PT 57) 273 CA

APPEALS - Condition of appeal - Power of Court of Appeal to waive non compliance therewith - Circumstances under which waiver may avail. EMEMBOLU V. EMEMBOLU (1998) 1 KLR (PT 56) 87 CA

APPEALS - Condition of appeal - That the appellants enter into a bond towards providing security for costs - Bond executed by only one appellant - Is non compliance with the condition. EMEMBOLU V. EMEMBOLU (1998) 1 KLR (PT 56) 87 CA

APPEALS - Condition of appeal - Where not complied with - Registrar's certificate that all conditions have been complied with - Cannot cure the defect. EMEMBOLU V. EMEMBOLU (1998) 1 KLR (PT 56) 87 CA

APPEALS - Evaluation of evidence - Conclusion by the learned trial judge that the evidence was evenly balanced is erroneous - When a fair evaluation of the evidence of D.W. 2 depicts him as a person whose evidence is utterly unworthy of any credit. OJOSIPE V. ODUNSI (1998) 5 KLR (PT 64) 1199 CA

APPEALS - Evidence that should have been excluded - Appellate court must consider what reliance was placed on that evidence - And whether the trial judge would have come to the same conclusion - If that evidence had not been erroneously put in. EKPO V. FEDERAL REPUBLIC OF NIGERIA (1998) 3 KLR (PT 60) 667 CA

APPEALS - Grounds of Appeal - Classification - Where the grounds qualify to pass as grounds of law - As in the instant case - No leave is required to file them - And they are as such competent grounds. GOVT. OF KWARA STATE V. GAFAR (1998) 4 KLR (PT 62) 929 CA

APPEALS - Interference - Suo motu raising of issue by trial court - Does

not warrant appellate court's intervention in all cases. MOJEKWU V. MOJEKWU (1998) 6 KLR (PT 67) 1623 CA

APPEALS - Intervention - Adjournment - Where refusal is based on a wrongful exercise of discretion - And it also occasioned grave injustice - Appellate court has a duty to intervene. IRUVBE V. DEMIDE (1998) 4 KLR (PT 61) 807 CA

APPEALS - Leave - Final or interlocutory judgment - contention that leave to appeal ought to be obtained - On the ground that an aspect of the judgment was interlocutory - Objection overruled as judgment was held to be final. EMEMBOLU V. EMEMBOLU (1998) 1 KLR (PT 56) 87 CA

APPEALS - Maintenance - Claim for a higher amount than was awarded by trial court - Cannot be granted by appeal court - Without evidence of rate of inflation. WEY V. WEY (1998) 10 KLR (PT 72) 2453 CA

APPEALS - Relisting application for leave to appeal - Applicant has done enough - To justify that he was not aware of the hearing. WARNER & WARNER LTD. V. KUMOLU-JOHNSON (1998) 2 KLR (PT 58) 415 CA

BAIL - After conviction - Special circumstances that will justify bail - Will depend on particular facts of each application - And may include the nature of the offence. AJEBON V. THE STATE (1998) 7 KLR (PT 69) 1979 CA

BAIL - Grounds for allowing the applications - For bail after conviction - Are not sufficient - Seeing that some of the suspects are still at large. AJEBON V. THE STATE (1998) 7 KLR (PT 69) 1979 CA

BAIL - Presumption of innocence - Bail could be granted pending trial - But after conviction bail is granted only on special circumstance. AJEBON V. THE STATE (1998) 7 KLR (PT 69) 1979 CA

BAIL - Sentence - Where applicants are sentenced to a long term of imprisonment - It is not usual to grant bail. AJEBON V. THE STATE (1998) 7 KLR (PT 69) 1979 CA

BURGLARY - Evidence - Presumption of theft or receiving stolen property - Does not extend to a presumption of burglary. OLAGHERE V. THE STATE (1998) 3 KLR (PT 59) 541 CA

BURGLARY - Proof - Mere identification of the sacks found in appellant's possession - Is no proof that it was appellant who broke into the house. OLAGHERE V. THE STATE (1998) 3 KLR (PT 59) 54 CA

CLAIMS - Action - The court cannot give more than what is claimed - But can always give less. LION OF AFRICA INSURANCE CO. LTD. V. FISAYO (1998) 9 KLR (PT 71) 2307 CA

CLAIMS - Alternative reliefs - Where proliferated - Court is entitled to think plaintiff is not sure of the relief he is seeking - Where they become spent by virtue of pronouncement on the main relief - Formal pronouncement of death of such reliefs ought to be made. MOJEKWU V. MOJEKWU (1998) 6 KLR (PT 67) 1623 CA

CLAIMS - Maintenance - Claim for a higher amount than was awarded by trial court - Cannot be granted by appeal court - Without evidence of rate of inflation. WEY V. WEY (1998) 10 KLR (PT 72) 2453 CA

CLAIMS - Relief sought - Must be precise and supported by averment in the statement of claim - Otherwise it goes to no issue and would be ignored by the trial court. MOJEKWU V. MOJEKWU (1998) 6 KLR (PT 67) 1623 CA

CONSTITUTIONAL LAW - Enforcement procedure Rules - Made under s. 42 of the Constitution - Cannot be employed in a claim - Based on the African Charter. FAWEHINMI V. ABACHA (1998) 2 KLR (PT 58) 351 CA

CONSTITUTIONAL LAW - Jurisdiction - Federal High Court - Where claim involves a Federal Government Agency - Exclusive jurisdiction belongs to Federal High Court vide s. 230 (1) (q) and (s) of the 1979 Constitution. AKEGBEJO V. ATAGA (1998) 4 KLR (PT 62) 949 CA

CONTEMPT OF COURT - Abuse of process - Where the appellant's conduct did not come within any of the categories of contempt - But would at worst amount to an abuse of the process of court - The course open to the court was to strike out the case - And not to commit him for contempt of court. UJENE V. A-G BENDEL STATE (1998) 3 KLR (PT 60) 653 CA

CONTEMPT OF COURT - Criminal Law - Publication likely to prejudice fair trial - Persons who may be liable for contempt - Does not include the appellant. AKINRINSOLA V. A-G ANAMBRA STATE (1998) 6 KLR (PT 66) 1515 CA

CONTEMPT OF COURT - Prejudicial Publication - Of pending Judicial proceeding - Article relied upon in convicting the appellant - Is not contemptuous. AKINRINSOLA V. A-G ANAMBRA STATE (1998) 6 KLR (PT 66) 1515 CA

CONTEMPT OF COURT - Prejudicial Publication - Where the trial is by a Judge alone - Such publication will rarely constitute a contempt - In view of strong judicial opinions on the issue. AKINRINSOLA V. A-G ANAMBRA STATE (1998) 6 KLR (PT 66) 1515 CA

CONTEMPT OF COURT - Specific nature of Contempt - In face of the court - Where the appellant was not informed of the specific nature of the contempt - For which he was ultimately punished - His constitutional right had been infringed. UJENE V. A-G BENDEL STATE (1998) 3 KLR (PT 60) 653 CA

CONTRACTS - Agency relationship - Limited authority - Mere canvasser whose ostensible authority is to collect L.P.O. - Has no authority to take back goods delivered directly by the principal. ESENKAY LTD. V. LEVENTIS STORES LTD (1998) 5 KLR (PT 65) 1365 CA

CONTRACTS - Insurance - Liability - Where the appellants with full knowledge agreed to revive the policy retrospectively - They are liable on it. LION OF AFRICA INSURANCE CO. LTD. V. FISAYO (1998) 9 KLR (PT 71) 2307 CA

CONTRACTS - Renewal of policy - By their conduct the appellants cannot rely on clause 6 of the Policy - Which stipulates that they are not bound to renew the policy. LION OF AFRICA INSURANCE CO. LTD. V. FISAYO (1998) 9 KLR (PT 71) 2307 CA

CONVEYANCING - Attestation - To the genuineness of a signature to a conveyance or agreement - Such a witness merely vouches for the authenticity of the signature - And not authenticity of the document in terms of veracity of truth. MOJEKWU V. MOJEKWU (1998) 6 KLR (PT 67) 1623 CA

CONVEYANCING - Signatories - Admission - Witnesses to signatories to a conveyance - Whose signatures were not appended to the effect that they agree with the contents - Cannot be said to have made any admission against their interests. MOJEKWU V. MOJEKWU (1998) 6 KLR (PT 67) 1623 CA

CONVICTION - Propriety of - Defence of the accused - Was well considered by the trial court - Before finding him guilty. PAM-TOK V. THE STATE (1998) 4 KLR (PT 63) 1105 CA

CONVICTION - Sentence - Where the court did not record a conviction - The Sentence will not be allowed to stand. UJENE V. A-G BENDEL STATE (1998) 3 KLR (PT 60) 653 CA

CONVICTION - Substitution - Substituting the appellant's conviction under another section of the Code - Cannot be done where the prosecution's evidence is inconclusive. INDIERIYO V. THE STATE (1998) 1 KLR (PT 57) 273 CA

CONVICTION - Wrongful conviction - Contradictions - Receiving

gratification by a public servant - Failure to establish at what stage the money was received - Coupled with unresolved contradictions show that the conviction was wrong. INDIERIYO V. THE STATE (1998) 1 KLR (PT 57) 273 CA

CORROBORATION - Accomplice - Evidence of an accomplice must require corroboration - Where other available evidence fail to afford such corroboration - The case is not proved beyond reasonable doubt. OGWUCHE V. THE STATE (1998) 5 KLR (PT 65) 1377 CA

CORROBORATION - Bribery - Charge of receiving N200 bribe - Where a witness is not a victim of extortion but a giver of bribe - His evidence must be corroborated. OGWUCHE V. THE STATE (1998) 5 KLR (PT 65) 1377 CA

CORROBORATION - Receiving gratification by a public servant - The nature of the offence - Calls for serious warning and corroboration before conviction. INDIERIYO V. THE STATE (1998) 1 KLR (PT 57) 273 CA

COURT PROCESSES - Judgment - Enforcement - Sale of property- Where on the date of the sale the judgment debt had been satisfied - The sheriff had nothing to dispose of. AJEYALEMI V. ANIMASHAUN (1998) 5 KLR (PT 64) 1213 CA

COURT PROCESSES - Writ of execution - The payment of the judgment debt rendered the issue of the writ void ab initio - And the purported sale following the execution was irregular. AJEYALEMI V. ANIMASHAUN (1998) 5 KLR (PT 64) 1213 CA

COURTS - Adjournment - Where reasons given by the trial judge for refusing adjournment - Is not borne out by the records - Adjournment should not have been refused. IRUVBE V. DEMIDE (1998) 4 KLR (PT 61) 807 CA

COURTS - Adjournment - Where refusal is based on a wrongful exercise of discretion - And it also occasioned grave injustice - Appellate court has a duty to intervene. IRUVBE V. DEMIDE (1998) 4 KLR (PT 61) 807 CA

COURTS - Appeals - Interference - Suo motu raising of issue by trial