ACCIDENTS - 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

 

ACCIDENTS - 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

 

ACTIONS - 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

 

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

 

ACTIONS - Chieftaincy matters - Access to Court - 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

 

ACTIONS - Claim - 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

 

ACTIONS - Claims - Made as head of family - For the plaintiff to succeed - It must be established that he was at all material times - The head of the family. AGBABIAKA V. SAIBU (1998) 7 KLR (PT 70) 2151; (1998) 10 NWLR (PT. 571) 534

 

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 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 o