ACCIDENTS - Damages - Road traffic - Negligence and nuisance - What to prove - In order to ground an action in nuisance or negligence. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

ACCIDENTS - Nuisance - Proof - Public nuisance - Constituted by obstruction of the road - What a private person must show - To entitle him to maintain an action. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

ACTIONS - Appeals - Striking out - Where the trial court struck out the application for interlocutory injunction - And not the main suit - As there were no appeal against refusing to strike out the main suit - Court of Appeal has no power to delve into that issue. Adeyemi v. Olakunri (1999) 12 KLR (pt 91) 2909; (1999) 14 NWLR (Pt. 638) 204

 

ACTIONS - Bills of exchange - Cause of action - Sale of goods - Action founded on the bills - When a cause of action will accrue. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

ACTIONS - Cause of action - Contract of sale - Payment by instalments - Delivery of the entire goods - Provision that buyer shall pay by instalments - Cause of action for the purchase price - Does not accrue immediately upon delivery. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

ACTIONS - Cause of action - Is the entire set of facts - Giving rise to an enforceable claim. Emiantor v. The Nigerian Army (1999) 9 KLR (pt 90) 2743; (1999) 12 NWLR (Pt. 631) 362

 

ACTIONS - Chieftaincy - Hereditory stool - Causes of action - Survival of - The action survived the dead Parties. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

 

ACTIONS - Chieftaincy matters - Registered chieftaincy declaration - To be impeached - Persons who made the law and got it registered must be parties. Adesina v. Obala of Otan-Aiyegbaju (1999) 2 KLR (pt 77) 301; (1999) 2 NWLR (Pt. 590) 163

 

ACTIONS - Claim - For declaration of title to land - Identity of the land - Survey Plan - Is not a sine qua non - But there must be some clear description to make a disputed land ascertainable. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

ACTIONS - Commencement - Originating summons and writ of summons - Vital distinction - Between both of them. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

ACTIONS - Company law - Foreign corporation - Duly created according to the laws of a foreign state recognized by Nigeria - May sue or be sued in its corporate name. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

ACTIONS - Consistency - In stating one’s case - Must be maintained by a party - To make litigation meaningful. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

ACTIONS - Consolidation - Order of consolidation of two suits - Made by the trial court on the application of the appellants - Because the parties and subject matter were the same in both suits - Contention by the appellants that the suits should have been heard separately - Is erroneous. Akpan v. Umoh (1999) 7 KLR (pt 88) 2319; (1999) 11 NWLR (Pt. 627) 349

ACTIONS - Counter claim - Is a cross action with plaintiff becoming the defendant - If plaintiff cannot be the proper opposing party - The counter claim is to be struck out. Adesina v. Obala of Otan-Aiyegbaju (1999) 2 KLR (pt 77) 301; (1999) 2 NWLR (Pt. 590) 163

 

ACTIONS - Declaratory relief - The principle in Wellersteiner’s case - The application of the principle - Is limited to cases initiated by a writ of summons. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

ACTIONS - Defamation - Cause of action - Letter of termination - Where the words complained of when read together with other paragraphs in the letter - Are not capable of conveying defamatory meaning - There is no cause of action. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

ACTIONS - Delay - Miscarriage of justice - Delay per se does not lead to a judgment being vitiated - Unless the delay occasioned a miscarriage of justice. Akpan v. Umoh (1999) 7 KLR (pt 88) 2319; (1999) 11 NWLR (Pt. 627) 349

 

ACTIONS - Dismissal - Counterclaim - Where the evidence adduced on the counter claim was in conflict with the pleadings - It was rightly dismissed. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

ACTIONS - Dismissal in limine - Application to dismiss an action in limine at the Federal High Court - Which did not challenge the jurisdiction of the court - Such an application is in the nature of a demurrer. Tigris Int. Corp. v. Ege Shipping & Trading Ind. Inco. (1999) 12 KLR (pt 92) 3079; (1999) 14 NWLR (Pt. 637) 70

 

ACTIONS - Dismissal - Judgments - Order to be made where plaintiffs fail to prove their case - Is to dismiss it - There is no jurisdiction to refer it to the Boundary Settlement Commission. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

ACTIONS - Estoppel by standing by - Joinder of parties - Where trial court has found that a party ought to be joined - Failure to join him may give rise to estoppel - In a future action. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

ACTIONS - Fresh action - Condition precedent - Where two previous suits were struck out - With an order that no further steps be taken - In the case until costs were paid - What further steps mean - And when a fresh action can be filed. Shugaba v. Union Bank (1999) 7 KLR (pt 89) 2447; (1999) 11 NWLR (Pt. 627) 459

 

ACTIONS - Interest - Claim for - Pleadings - How to plead a claim for interest. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

ACTIONS - Joinder of parties - Failure to amend the writ before service on the parties joined - This is not an aspect of incompetence of a court process - Which will make the proceedings a nullity. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

ACTIONS - Judgment debt - Interest thereon - From when calculated - Is after adjudication not from accrual of cause of action. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

ACTIONS - Limitation - Bill - Drawn in a set - Time begins to run from the maturity of the set treated as one bill. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

ACTIONS - Limitation of action - Sale of goods - Contract - Where the action was founded on a contract of sale - Giving rise to a single breach when the purchase price was unpaid - The principle in Ijale case is not applicable - And it is wrong to conclude that any part of the debt is statute-barred. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

ACTIONS - Locus standi - Chieftaincy matters - The plaintiffs had locus standi - To initiate these proceedings. Adesina v. Obala of Otan-Aiyegbaju (1999) 2 KLR (pt 77) 301; (1999) 2 NWLR (Pt. 590) 163

 

ACTIONS - Malicious prosecution - Burden - On the respondent to establish - That he had a reasonable cause to make the report - When and how it arises. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

ACTIONS - Malicious prosecution - Ingredients - To be established in order to succeed - In an action for malicious prosecution. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

ACTIONS - Malicious Prosecution - Proof - Where the plaintiff had failed to adduce evidence enough in proof of his case - The trial judge has no responsibility - To inquire on whether the defendant had made out a defence. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

ACTIONS - Native Courts’ proceedings - In considering proceedings in those Courts - The substance of the action and not the form should be looked at. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

ACTIONS - Non suit - Revaluation of evidence - Where trial courts findings of fact were not declared perverse - Appellate court should not embark on a revaluation of the evidence. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

ACTIONS - Nuisance - Proof - Public nuisance - Constituted by obstruction of the road - What a private person must show - To entitle him to maintain an action. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

ACTIONS - Out of Court settlement - Breach of out of court settlement agreement - Cause of action would no longer be founded on any purported previous right of ownership - But on the alleged breach of the agreement. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

ACTIONS - Parties - Appeals - Contention that 4th defendant did not appeal in this matter - Is of no substance - Since all the defendants jointly appealed. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

 

ACTIONS - Proof - Claim - Burden is on plaintiffs to prove their case - And that burden was not discharged - Plaintiffs are not to rely on weakness of the defence. Okeke v. Agbodike (1999) 12 KLR (pt 91) 2921; (1999) 14 NWLR (Pt. 638) 215

 

ACTIONS - Precondition - Incompetence - Where the appellant filed fresh suits - In disobedience of the precondition - To pay the costs awarded by the court - The fresh suits are incompetent. Shugaba v. Union Bank (1999) 7 KLR (pt 89) 2447; (1999) 11 NWLR (Pt. 627) 459

 

ACTIONS - Relief not claimed - Where defendant never asked for specific performance - It cannot be granted as a consequential order - As erroneously done by the lower courts. Liman v. Mohammed (1999) 6 KLR (pt 85) 1801; (1999) 9 NWLR (Pt. 617) 116

 

ACTIONS - Representative action - Locus standi - Where by the pleadings and evidence - The plaintiff belonged to the kindred whose interest is affected by the dispute - He has every right to sue. Uzoechi v. Onyenwe (1999) 1 KLR (pt 75) 57; (1999) 1 NWLR (Pt. 587) 339

 

ACTIONS - Sale Cause of action - Acceleration clause - In a contract of sale - Where the price is to be paid by instalments - When the cause of action accrues. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

ACTIONS - Sale of goods - Cause of action - Contract of sale - Where the Price is to be paid by instalments - And there is no acceleration clause - When a cause of action accrues in respect of each instalment that has fallen into arrears. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

ACTIONS - Sheriffs and Civil Process Act - The provisions of ss. 97, 98 and 99 - Their combined effect - Is to make the writ in the instant case one for service outside the jurisdiction - Which must allow for thirty days for the defendant to appear. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

ACTIONS - Striking out - Of the application for interlocutory injunction - And the main action - Trial court was right in treating each application - According to available evidence. Adeyemi v. Olakunri (1999) 12 KLR (pt 91) 2909; (1999) 14 NWLR (Pt. 638) 204

 

ACTIONS - Trespass - Issue estoppel - In continuing trespass - Successive action can be brought from time to time in respect of its continuance - Issue estoppel does not arise. Adepoju v. Oke (1999) 3 KLR (pt 79) 531; (1999) 3 NWLR (Pt. 594) 154

 

ADJOURNMENTS - Courts - Adjournment of cases - Are at the discretion of the court - And to succeed in an appeal against such exercise of discretion - It must be shown that the order would manifestly work injustice. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

ADJOURNMENTS - Courts - Adjournment - Written application to the court - For adjournment - By the counsel for the appellants - And the appellants voluntarily decided to prosecute their case without their counsel - The trial judge was quite right to so proceed. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

ADMINISTRATION OF ESTATES - Chieftaincy - Hereditory stool - Causes of action - Survival of - The action survived the dead Parties. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

 

ADMINISTRATION OF ESTATES - Pleadings - Letters of Administration - Need not be specifically pleaded - So long as facts by which such documents are covered - Are pleaded. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

ADMINISTRATION OF ESTATES - Stay of execution - Appeal - Probate of a will - Granted when an appeal had been lodged - Was irregular - And there was no necessity to apply for a stay of execution - As the will was still in litigation. Dan-Jumbo v. Dan-Jumbo (1999) 7 KLR (pt 88) 2341; (1999) 11 NWLR (Pt. 627) 445

 

ADMINISTRATIVE LAW - Agency - Registrar - Of a university - Is an agent of the University - But not of its council - And when he acts for the council - He must act under the direct control of that body. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

ADMINISTRATIVE LAW - Delegation of duty - The person to whom an office or duty is delegated - Cannot lawfully devolve it upon another - Unless he is expressly authorized to do so. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

ADMINISTRATIVE LAW - Delegation of Power - It was Possible for the Minister of Internal Affairs - To delegate his powers to cancel or withdraw a Passport - But such powers were not exercised in the present case. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

ADMINISTRATIVE LAW - Delegation - Statutory disciplinary power of council - Under section 15 (i) of the University of Ilorin Act - Cannot be delegated. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

ADMINISTRATIVE LAW - Statute - Purpose - Decree No. 18 of 1977 - Was promulgated to provide a general validation - In respect of all enquiries instituted by the Military Governor of a State - And other consequential actions. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

AGENCY - Authority - Receiver manager - Being the agent of the borrower - Was authorized to do all that his principal could lawfully do - Which includes repayment of the loan extended to respondent. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

AGENCY - Carriage by sea - Agent of the carrier - Is entitled to take advantage of Arts. 3(6) of the Hague Rules - Which makes the Present action against it statute-barred. Leventis Tech. Ltd v. Petrojessica Ent. Ltd (1999) 4 KLR (pt 81) 891; (1999) 6 NWLR (Pt. 605) 45

 

AGENCY - Registrar of a university - Is an agent of the University - But not of its council - And when he acts for the council - He must act under the direct control of that body. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

APPEALS - “Appeal has been entered” - What the phrase means. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

APPEALS - Abuse - Of court process - Relitigation of a matter - That was finally decided by the Supreme Court in a previous suit - Is an abuse of court process. Adigun v. Sec. Iwo Local Govt. (1999) 5 KLR (pt 84) 1373; (1999) 8 NWLR (Pt. 613) 30

 

APPEALS - Actions - Striking out - Where the trial court struck out the application for interlocutory injunction - And not the main suit - As there were no appeal against refusing to strike out the main suit - Court of Appeal has no power to delve into that issue. Adeyemi v. Olakunri (1999) 12 KLR (pt 91) 2909; (1999) 14 NWLR (Pt. 638) 204

 

APPEALS - Address - Locus in quo - Where the inspection took place before the parties addressed the court - Appellant’s complaint - That they were deprived of their right to address the court after the inspection - Is not correct. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

 

APPEALS - Appellate Court - Duty of - An appellate Court is to see whether issues presented to the trial court - Were properly resolved - It will not allow a party to improve on his case on appeal. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

APPEALS - Briefs - Reply brief - Court will not allow appellant - To extend earlier contentions - In the guise of a reply brief - Reply brief can only deal with new points - Raised in respondent’s brief. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

APPEALS - Competency - Grounds of appeal - How to determine whether a ground of appeal is competent - Having regard to the provisions of section 213 of the 1979 Constitution (as amended). Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

 

APPEALS - Concurrent finding of fact - Special circumstance - That will impel the Supreme Court - To interfere with concurrent findings. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

APPEALS - Concurrent findings - Circumstances exist - That entitle the Supreme Court to interfere therewith - In this case. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

APPEALS - Concurrent findings of fact - Attitude of the Supreme Court - To it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

APPEALS - Concurrent findings of fact - By the two lower courts - When the Supreme Court will interfere with such findings. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

 

APPEALS - Concurrent findings of fact - Interference with such findings - When the Supreme Court will so interfere. Enabulele v. Agbonlahor (1999) 3 KLR (pt 79) 649; (1999) 4 NWLR (Pt. 598) 166

 

APPEALS - Concurrent findings of fact - Of the two lower courts - Attitude of the Supreme Court - To such concurrent findings. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

APPEALS - Concurrent findings of fact - Of two lower courts - Attitude of the Supreme Court to such findings. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

APPEALS - Concurrent findings of fact - Supported by sufficient evidence - Circumstances that will warrant the Supreme Court to interfere with such findings. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

 

APPEALS - Concurrent findings of fact - When the Supreme Court will not interfere with such findings. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

APPEALS - Concurrent findings of fact - Where based on the parties pleadings and evidence - Supreme Court will not interfere. Ogidi v. Igba (1999) 6 KLR (pt 85) 1761; (1999) 10 NWLR (Pt. 621) 42

 

APPEALS - Concurrent findings of fact - Will not be interfered with - As appellants have failed to show any special circumstances. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

APPEALS - Concurrent findings on facts - The attitude of the Supreme Court - Is not to disturb such findings - Where it is based on the lawful evidence before the lower courts. Kutse v. A-G Plateau State (1999) 2 KLR (pt 78) 459; (1999) 4 NWLR (Pt. 597) 1

 

APPEALS - Concurrent Findings of fact - Supreme Court will not interfere with such findings - Unless the findings are perverse. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

APPEALS - Constitutional law - Appeal as of right - S. 220(1) of the 1979 Constitution - The present appeal is as of right under the section. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

 

APPEALS - Court of Appeal Act, 1976 - Provisions of s. 16 - The extent of the power of the Court of Appeal under it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

APPEALS - Court of Appeal, Act 1976 - The provision of section 11 thereof - Cover cases where all the justices that sat on an appeal - Are still in the service of that court on the day of judgment - And had written and signed their judgments. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

APPEALS - Court of Appeal - Powers - Argument that the Court erroneously interfered - With the judgment of the trial court - For such argument to succeed - It must be shown that the court exceeded the powers given to it - Under S. 16 of the Court of Appeal Act, 1976. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

 

APPEALS - Court of Appeal - Powers - It has full powers and jurisdiction - To amend any judgment of the trial High Court - On appeal before it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

APPEALS - Courts - Costs - When an appeal is partially successful - What order of costs an appellate court may make. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

APPEALS - Customary law - Customary Courts Rules, 1978 - Order 10 rule 6(6) - By that provision where there is no fresh evidence in rebuttal of the Customary law in the Customary Court of Appeal - That Court should not have reversed the decision of the Area customary court on appropriate Customary law. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

 

APPEALS - Customary law - Decision of the Customary Court of Appeal - The only matter appealable from it - Is that which involves questions of customary law. Ohai v. Akpoemonye (1999) 1 KLR (pt 76) 165; (1999) 1 NWLR (Pt. 588) 521

 

APPEALS - Damages - Concurrent findings in respect of special and general damages - Not having been shown to be perverse - Will not be interfered with. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

APPEALS - Damages - Substitution - Of an award of general damages for special damages not proved - By the Court of Appeal - When the respondent did not cross-appeal - Is erroneous. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

APPEALS - Discretion - Exercised by lower court - Where judicious - Appellate court will not disturb it - Merely because it would have exercised that discretion differently. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

APPEALS - Discretion - Joinder of parties - Discretion of trial Court to so order - Where not perverse - Should not be overturned by appellate court. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

APPEALS - Dismissal of claim - For want of proof - Respondent’s failure to appeal - When a ground for sustaining lower court’s judgment. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

APPEALS - Entering of appeal - The effect of an appeal being entered. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

APPEALS - Entry of an appeal - Relationship with drawing up and enrolment of court’s orders. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

APPEALS - Evaluation of evidence - Findings of the trial court - The Court of Appeal was wrong to have overturned the findings - In the circumstances of the present case. Dokubo v. Omoni (1999) 6 KLR (pt 86) 1833; (1999) 8 NWLR (Pt. 616) 647

 

APPEALS - Evaluation of evidence - Findings - That the four appellants participated in the crime - There can be no reason to interfere with such findings - Since they are fully supported by abundant evidence. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

APPEALS - Evidence - Admissibility - Objection to the admissibility of evidence - Which was ruled against by the two lower courts - Will not be sustained at the Supreme Court without an improvement on the arguments. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

 

APPEALS - Evidence - Admissibility of document - By trial judge under wrong section of the law - Will be corrected by appellate court - Unto retaining the evidence so admitted. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

APPEALS - Evidence - Contradictions - There is no material contradiction - To warrant interference - With concurrent findings of fact. Okeke v. Agbodike (1999) 12 KLR (pt 91) 2921; (1999) 14 NWLR (Pt. 638) 215

 

APPEALS - Evidence - Evaluation of - Is the duty of trial court and not the appellate court - And that duty was properly carried out by trial judge. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

APPEALS - Evidence - Evaluation of - Where a trial court unquestionably evaluates the evidence - And there is sufficient evidence on record to support the findings of fact made - The appeal court cannot interfere. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

APPEALS - Evidence - Evaluation of - Where the trial court has properly evaluated evidence - It is not the business of the Court of Appeal to substitute its own view - For the views of the trial court. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

APPEALS - Evidence - Findings of fact - By a court of first instance - Which is based on a dispassionate appraisal of the evidence - It is not the function of an Appeal Court to interfere with such findings. Odiba v. Muemue (1999) 6 KLR (pt 86) 1911; (1999) 10 NWLR (Pt. 622) 174

 

APPEALS - Evidence - Findings of fact - Made by a trial court - Which are reasonably supported by the evidence - An appellate court has a duty not to interfere with such findings. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

 

APPEALS - Evidence - Pleadings - Issue - Evidence which is contrary to the issue joined at the trial - Goes to no issue. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

APPEALS - Evidence - Reevaluation of evidence - The court of Appeal was entitled - To reevaluate the evidence adduced in this case - Where the evidence of the appellants though believed - Was insufficient to prove the root of title - As required by law. Dike v. Okoloedo (1999) 7 KLR (pt 88) 2275; (1999) 10 NWLR (Pt. 623) 359

 

APPEALS - Evidence - Reevaluation of evidence - When an appellate court would be justified in doing so. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

 

APPEALS - Evidence - Where the trial court has satisfactorily performed its primary function - Of evaluating evidence and correctly ascribing probative value - Attitude of the appellate court to the findings on such evidence. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

APPEALS - Evidence - Wrongful admission of - Does not ground reversal in all cases - Duty of showing substantial miscarriage of justice - Is on the appellant. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

APPEALS - Extension of time - Within which to appeal - The crucial factors to take into consideration - In granting such an application. Oba v. Egberongbe (1999) 6 KLR (pt 85) 1667; (1999) 8 NWLR (Pt. 615) 485

 

APPEALS - Fair hearing - Order made suo motu - A Court has no power to make an order - Which has not been asked for - And which the person against whom it is made - Had no opportunity of resisting. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

APPEALS - Final order - Time within which to appeal - Order of striking out in the instant case is a final decision - And the appellant had three months according to s. 25 (2) (a) of the Court of Appeal Act - Within which to appeal - The appeal is therefore competent. Ebokam v. Ekwenibe & Sons Trading Co. Ltd (1999) 7 KLR (pt 87) 2153; (1999) 10 NWLR (Pt. 622) 242

 

APPEALS - Finality of a decision - Court of Appeal’s decision in this matter is final - Though the High Court’s decision was interlocutory - So that time to appeal is within 3 months. Anoghalu v. Oraelosi (1999) 10 KLR (pt 90) 2787; (1999) 13 NWLR (Pt. 634) 297

 

APPEALS - Findings of fact - By trial court - Based on pleadings and evidence before it - The Court of Appeal was in error to have interfered with them. Uzoechi v. Onyenwe (1999) 1 KLR (pt 75) 57; (1999) 1 NWLR (Pt. 587) 339

 

APPEALS - Fresh issue - Which was not raised in the court below - Argument on it - Will not be entertained by the Supreme Court - Except it involves a substantial point of law. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

 

APPEALS - General damages - Awarded by the trial court - When an appellate Court will interfere with such an award. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

APPEALS - Ground - Incompetence - Where no particulars of error were supplied - In a ground of appeal - The ground is incompetent. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

APPEALS - Ground of appeal - Based on facts - A complaint about the general appraisal of the evidence led at the trial - Is a ground of fact. Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

 

APPEALS - Ground of appeal - Particulars - Complaint given in it - Are not mere addendum - It forms part of the ground of appeal. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

 

APPEALS - Ground of appeal - That discloses no reasonable ground of appeal - Should be struck out. Anoghalu v. Oraelosi (1999) 10 KLR (pt 90) 2787; (1999) 13 NWLR (Pt. 634) 297

 

APPEALS - Ground of appeal - Where there is doubt whether it is of law or mixed law and fact - It is prudent for counsel to seek and obtain the requisite leave. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

 

APPEALS - Ground of fact - Leave not having been obtained -Ground 1 was rightly struck out. . Anoghalu v. Oraelosi (1999) 10 KLR (pt 90) 2787; (1999) 13 NWLR (Pt. 634) 297

 

APPEALS - Ground of Law - A sole ground of law - Is sufficient to sustain an appeal - Having regard to the provisions of ss. 220(i) (b) and 221(i) of the 1979 constitution. Ebokam v. Ekwenibe & Sons Trading Co. Ltd (1999) 7 KLR (pt 87) 2153; (1999) 10 NWLR (Pt. 622) 242

 

APPEALS - Ground of law- Particulars - How to frame ground of law requiring particulars - And the purpose of requiring particulars. D. Stephens Ind. Ltd v. BCCI (Nig.) Ltd (1999) 7 KLR (pt 88) 2305; (1999) 11 NWLR (Pt. 625) 29

 

APPEALS - Ground of mixed law and fact - Where the appellate court would have to reexamine - The facts found at the trial - And which formed the basis of the judgment - It is a ground of mixed law and fact. Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

 

APPEALS - Grounds of appeal - Grounds of law - What may be classified as errors of law - Which when addressed to grounds of appeal are categorized as grounds of law. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

APPEALS - Grounds of appeal - Incompetence - Where no particulars were given - The court was right in striking them out - As incompetent grounds of appeal. Lado v. The State (1999) 6 KLR (pt 85) 1727; (1999) 9 NWLR (Pt. 619) 369

 

APPEALS - Grounds of appeal - Incompetence - Where the issues formulated for consideration - Hardly follow the grounds of appeal - And the grounds are incompetent - The appeal cannot be competently considered. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

 

APPEALS - Grounds of appeal - Issues - Where the Court of appeal wrongfully treated some of the grounds of appeal as having been abandoned - But gave due consideration to all the issues of fact pertaining thereto - There was no miscarriage of justice. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

APPEALS - Grounds of appeal - Leave - Where some of the grounds are of law and others are either of facts or mixed law and facts - And leave was not obtained - Only the grounds of law are competent. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

 

APPEALS - Grounds of appeal - Omnibus ground - Cannot be relied on in raising an issue of law. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

APPEALS - Grounds of appeal - Where found to be based on facts - And no leave was obtained to file them - The grounds will be struck out as incompetent. Ogidi v. Igba (1999) 6 KLR (pt 85) 1761; (1999) 10 NWLR (Pt. 621) 42

 

APPEALS - Incompetence - Ground of appeal - And the issues formulated therefrom - Which are unrelated to the reason for the decision - Are incompetent. Oba v. Egberongbe (1999) 6 KLR (pt 85) 1667; (1999) 8 NWLR (Pt. 615) 485.

 

APPEALS - Injunction - Right of appeal where an injunction is granted or refused - Avails the defendants in this case. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

 

APPEALS - Interlocutory appeal - From Court of Appeal to Supreme Court - Now prohibited by statute - Void decisions are not excluded. Ecoconsult Ltd. v. Pancho Villa Ltd. (1999) 1 KLR (pt 76) 179; (1999) 1 NWLR (Pt. 588) 507

 

APPEALS - Interlocutory decisions of Court of Appeal - Removal of right of appeal therefrom to Supreme Court - The orders now appealed against are interlocutory decisions. Ecoconsult Ltd. v. Pancho Villa Ltd. (1999) 1 KLR (pt 76) 179; (1999) 1 NWLR (Pt. 588) 507

 

APPEALS - Interlocutory Orders of the Court of Appeal - If made without jurisdiction - Appellant can move that court to set them aside - Refusal might then ground right of appeal to the Supreme Court. Ecoconsult Ltd. v. Pancho Villa Ltd. (1999) 1 KLR (pt 76) 179; (1999) 1 NWLR (Pt. 588) 507

 

APPEALS - Issue - Argument - Where the whole tenor of argument was not directed at the issue formulated - But to an issue which never arose - There is no acceptable argument in support of the issue formulated - To justify interfering with the award of the Court of Appeal. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

APPEALS - Issue - Doctrine of standing by - Which did not arise - It was erroneous for the court of Appeal - To have made a pronouncement on the issue - Which was neither an issue at the trial nor on the appeal. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

 

APPEALS - Issue of jurisdiction - Raised as a new issue at the Supreme Court - Although question of jurisdiction can be raised at any time in the proceedings - The proper procedure must be followed. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

 

APPEALS - Issue - Proper issue - Declaration - Where no declaration was granted - An issue raised on the consequence - Of the failure on the part of the plaintiffs to present a plan - Showing the area for which declaration is sought - It not an issue properly arising. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

 

APPEALS - Issue - Receiver manager - 1st appellant was entitled to appoint a receiver - To manage respondent’s business - And the issue of this appointment - Is not academic - As erroneously held by the Court of Appeal. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

APPEALS - Issue - That did not arise under the grounds of appeal - Cannot be raised by the court - And where the court merely raised such issue in the instant case - But did not consider it - It has not occasioned a miscarriage of justice. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

APPEALS - Issue - That is incompetent - Should be struck out - And not pronounced upon - As any such pronouncement will be mere obiter dictum. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

APPEALS - Issues - Appellate courts - Can only decide on issues - Raised on the grounds of appeal filed. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

APPEALS - Issues - Court of Appeal - Failure to consider issues properly raised before it - Is erroneous. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

APPEALS - Issues for determination - Essential consideration - In formulating issues for determination. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

APPEALS - Issues - Hypothetical and abstract issues - What they mean - And how such issues affect an appeal. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

 

APPEALS - Issues - Newly raised by the court - And which do not arise from the parties’ pleadings - Any decision based on such issues - Will not be allowed to stand. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

APPEALS - Issues raised - Lower court is under a duty - To consider and determine all non hypothetical issues placed before it - And need not raise the suo motu issue it raised. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

APPEALS - Issues - To be considered - Are only those predicated on good ground of appeal - To avoid taking the other side by surprise. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

APPEALS - Judgment - Court of Appeal Act 1976 - Pursuant to section 11 thereof - It is not necessary for all the three justices - Who heard an appeal at the Court of Appeal - To be present together in court on the day of the delivery of judgment - The opinion of any one of them who is absent - May be read by any other justice of that Court. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

APPEALS - Judgment - Court of Appeal - Speculating upon issues not pleaded - Is wrong - But it is not important - Where the learned trial judge did not depend on any such evidence - To determine the suit between the parties. Oyinloye v. Esinkin (1999) 6 KLR (pt 86) 1955; (1999) 10 NWLR (Pt. 624) 540

 

APPEALS - Judgment - Error - The Court of Appeal was wrong in raising and considering - The question of standing by in this case - But the error did not affect the correctness of its conclusion. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

 

APPEALS - Judgment - Evidence - Improper evaluation of evidence - How to prove that the evidence was wrongly evaluated. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

APPEALS - Judgment - Findings of facts - By trial court - The attitude of appellate court to such findings. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

 

APPEALS - Judgment - Issues - Properly raised and heard by the Court of Appeal - Failure to discharge the duty of determining such issues - May vitiate the judgment - But in the instant case failure to consider such issues - Was not fatal to the decision of the Court of Appeal. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

APPEALS - Judgment - Native Courts Proceedings - Where a trial court failed to advert to the principle - That Native Courts are not bound by the technical rules of procedure - Which govern trials in the Courts of Record - The Court of Appeal was right to have interfered - With the judgment of the trial Court. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

 

APPEALS - Judgment - Nullity - Breach of the constitutional right of fair hearing - By the Court of Appeal - Is sufficient to render it’s judgment a nullity. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

APPEALS - Judgment - Perverse decision - An appellate Court is under a duty to interfere - And reverse the decision of a trial court - Which is perverse. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

 

APPEALS - Judgment - Prescribed period - For delivery of judgments - Under section 258 of the 1979 Constitution - It is not sufficient to establish a contravention of Constitutional provision - It must be established that miscarriage of justice has been occasioned. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

 

APPEALS - Judgment - Prescribed period - Miscarriage of justice - That is relevant in regard to section 258 (4) of the 1979 Constitution - Is miscarriage of justice suffered by the party complaining - By reason of contravention of that section. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

 

APPEALS - Judgment - Procedural slip - Where the trial judge erroneously examined - The evidence of a witness given in an earlier proceeding - And the evidence was harmless - This procedural slip cannot alone vitiate the proceeding. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

APPEALS - Judgment - Reversal - Slip - It is not every slip committed by a court - That leads to the reversal of the judgment of that court - It must be demonstrated that the slip - Substantially affected the outcome of the decision. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

APPEALS - Judgments - Finding - Which is patently perverse - As it is not borne out by the evidence - Must not be allowed to stand. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

APPEALS - Judgments - Findings on trespass - By the trial court - Which is supported by the pleadings and evidence - Ought not to have been disturbed by the Court of Appeal. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

APPEALS - Judgments - Opinion of an absent justice - Read as against being pronounced after he had ceased to be a member of such relevant court - Such an opinion would be given without jurisdiction - But the situation in the present case is different. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

APPEALS - Judgments - Order of retrial - Finding of fact - Made by a trial court - Which was supported by evidence - The Court of Appeal was in error to have disturbed such finding - And ordered a retrial. Oyovbiare v. Omamurhomu (1999) 7 KLR (pt 87) 2131; (1999) 10 NWLR (Pt. 621) 23

 

APPEALS - Judgments - Stay of execution - An appeal will not operate as an automatic stay of execution - But the court should always consider - Whether such judgments if enforced - Will not render nugatory the result obtained on appeal. Dan-Jumbo v. Dan-Jumbo (1999) 7 KLR (pt 88) 2341; (1999) 11 NWLR (Pt. 627) 445

 

APPEALS - Judgments - Subsistence of - A judgment subsists until set aside on appeal against it - It cannot be set aside in an appeal against another judgment - Order 3 rule 22 Court of Appeal Rules is an exception. F.M.B. v. NDIC (1999) 2 KLR (pt 77) 331; (1999) 2 NWLR (Pt. 591) 333

 

APPEALS - Jurisdiction - Conferred on the Court of Appeal under s. 224(1) of the 1979 Constitution - To receive appeals from the Customary Court of Appeal - The National Assembly has not prescribed matters with respect to which it is permissible to appeal. Ohai v. Akpoemonye (1999) 1 KLR (pt 76) 165; (1999) 1 NWLR (Pt. 588) 521

 

APPEALS - Jurisdiction - Grounds of appeal - Which are only of facts or mixed law and facts - The Supreme Court has no jurisdiction to entertain such an appeal - Unless leave has been obtained. Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

 

APPEALS - Jurisdiction - Leave to appeal - On a ground of fact or mixed law and fact - Where not sought and obtained - The Supreme Court lacked jurisdiction to entertain the appeal. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

 

APPEALS - Jurisdiction - Leave - To Appeal on a ground of fact or mixed law and fact - Where not sought and obtained - The Supreme Court lacked jurisdiction to entertain the appeal. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

 

APPEALS - Jurisdiction - Nullity of an order - The Court of Appeal lacked jurisdiction to sit on appeal - And pronounce on the nullity of an order - When such an issue was not raised by way of an appeal before it. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

APPEALS - Land law - Concurrent findings of fact - As to the location of the land that was granted - Having sufficient evidence to support them - The findings will not be disturbed by the Supreme Court. Kulobo v. Ikuomola (1999) 9 KLR (pt 90) 2681; (1999) 12 NWLR (Pt. 629) 146

 

APPEALS - Land law - Damages - Where trial court awarded N250.00 general damages - And there is no appeal against that award - Appeal Court will not alter it. Adebo v. Saki Estates Ltd (1999) 5 KLR (pt 83) 1197; (1999) 7 NWLR (Pt. 612) 525

 

APPEALS - Leave to appeal - Application for leave to appeal on questions other than law alone - The additional phrase: “on questions other than law alone” in the application - Is not necessary - But does not affect the main prayer. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

APPEALS - Leave to appeal - Pursuant to S. 222 (a) of the 1979 Constitution - Legally recognizable interest - Money illegally transferred to the account of the 3rd respondent - Cannot constitute a legally recognizable interest - Of the 3rd respondent in such amount - And cannot rightly be given leave to appeal. SGBN Ltd v. Afekoro (1999) 7 KLR (pt 89) 2419; (1999) 11 NWLR (Pt. 628) 521

 

APPEALS - Locus standi - Issue of locus in respect of the main action - Was wrongly decided - As it never arose before the Court of Appeal. Adeyemi v. Olakunri (1999) 12 KLR (pt 91) 2909; (1999) 14 NWLR (Pt. 638) 204

 

APPEALS - Miscarriage of justice - Misdirection - That would justify a holding that a miscarriage of justice had occurred - What constitutes such a misdirection - And who has the burden of proving it. Oyinloye v. Esinkin (1999) 6 KLR (pt 86) 1955; (1999) 10 NWLR (Pt. 624) 540

 

APPEALS - Miscarriage of justice - Where the judgment of the Court of Appeal - Is not supported by the record of the trial court - And there was failure to consider some grounds of appeal - It resulted in a miscarriage of justice. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

APPEALS - New issue - Reference to exemplary damages by lower court - Is a mere obiter - And does not amount to introducing new issue. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

APPEALS - Non suit - Revaluation of evidence - Where trial courts findings of fact were not declared perverse - Appellate court should not embark on a revaluation of the evidence. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

APPEALS - Nullity of a trial - Order of retrial - Power of the appellate court to order a retrial - Principles guiding it. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

 

APPEALS - Order - Dismissal - Relief for damages in trespass - Which was abandoned on appeal - The proper order to make is that of dismissal - Since it was dismissed by the lower court. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

APPEALS - Order - Retrial - Order of - When it is not appropriate to make the order. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

APPEALS - Parties - Contention that 4th defendant did not appeal in this matter - Is of no substance - Since all the defendants jointly appealed. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

 

APPEALS - Parties - Substitution - Application to substitute a representative sole Appellant - After the appeal has been withdrawn - Ought to have been refused. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

APPEALS - Withdrawal - Notice of withdrawal - Made pursuant to order 3 Rule 18 (2) - Of the Court of Appeal Rules, 1981 - Where one of the parties did not subscribe his signature to the notice - The ingredients of that sub rule have not been satisfied. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

APPEALS - Pleadings - Amendment - A party may amend his pleadings at any stage - And an appellate court can make such amendment - In so far as it will not occasion a miscarriage of justice. Okolo v. UBN Ltd (1999) 6 KLR (pt 86) 1935; (1999) 10 NWLR (Pt. 623) 429

 

APPEALS - Preliminary Objection - Notice of - Which was included in the respondent’s brief - And was duly served on the appellant - Where he failed to react to the notice - He can not be heard to complain that the appeal was determined - Upon the grounds set out in the notice. Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

 

APPEALS - Preliminary Objection - Raised in the respondent’s brief - Is not in accordance with the Provisions - Of Order 2 Rule 9 of the Supreme Court Rules - But the notice of preliminary objection is not rendered ineffective. Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

 

APPEALS - Preliminary Objection - To the hearing of an appeal - It’s meaning and Purpose. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

APPEALS - Retrial order - Counter claim for damages for breach of contract - Where not considered at all by the lower courts - Retrial of the counter claim - Will be ordered by the Supreme Court. Liman v. Mohammed (1999) 6 KLR (pt 85) 1801; (1999) 9 NWLR (Pt. 617) 116

 

APPEALS - Right of appeal - “Person having interest’’ - Under s. 222 (a) of the 1979 Constitution - Means a person who has suffered a legal grievance. SGBN Ltd v. Afekoro (1999) 7 KLR (pt 89) 2419; (1999) 11 NWLR (Pt. 628) 521

 

APPEALS - Right of appeal - Under s. 213(2) (c) of the 1979 Constitution - Where the decision appealed against - Is on questions concerning chapter IV of the constitution - Leave is not required as a precondition for appeal. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

APPEALS - Suo motu raising of new issue - Is erroneously alleged - As court of Appeal merely referred to sections of an Act - To buttress its judgment. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

APPEALS - Supreme Court - Power to remit an appeal back to the Court of Appeal - Where it failed to consider the issue raised before it - To do so in the circumstances of the present case - Would be a waste of time. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

APPEALS - Supreme Court Rules 1985 - Order 8 rule 11 - By that provision - The Court of Appeal was correct - In declining to entertain an application for injunction - Since the appeal against its ruling has been entered at the Supreme Court. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

APPEALS - Technicalities - Duty of the courts - The emphasis is on doing substantial Justice - Rather than on technicalities. Egolum v. Obasanjo (1999) 5 KLR (pt 83) 1263; (1999) 7 NWLR (Pt. 611) 355

 

APPEALS - Time to appeal - Finality of a decision - Court of Appeal’s decision in this matter is final - Though the High Court’s decision was interlocutory - So that time to appeal is within 3 months. . Anoghalu v. Oraelosi (1999) 10 KLR (pt 90) 2787; (1999) 13 NWLR (Pt. 634) 297

 

APPEALS - Title to land - Proof of - Findings by the trial Court - That title has been declared in favour of the plaintiffs in earlier proceedings - The Court of Appeal was wrong to have interfered with such findings. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

ARBITRATION - Arbitrator - Appointment of - Notice to appoint an arbitrator - What constitutes a valid notice - Under the Arbitration Law of Lagos State, 1973 - Provisions of section 6(1) (a) & (2) thereof. City Eng. (Nig.) Ltd v. N.A.A (1999) 6 KLR (pt 86) 1975; (1999) 11 NWLR (Pt. 625) 76

 

ARBITRATION -Arbitrator - Notice to appoint arbitrator - Irregularity arising from such notice - Can not be cured or waived. City Eng. (Nig.) Ltd v. N.A.A (1999) 6 KLR (pt 86) 1975; (1999) 11 NWLR (Pt. 625) 76

 

ARBITRATION - Arbitrator - Statutory Notice required - To appoint an arbitrator - Cannot be equated with knowledge. City Eng. (Nig.) Ltd v. N.A.A (1999) 6 KLR (pt 86) 1975; (1999) 11 NWLR (Pt. 625) 76

 

ARBITRATION - Customary arbitration - Divergent evidence - Of a customary law arbitration - In such a case the court should make specific finding of fact - On whether there was a properly constituted arbitration. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

 

ARBITRATION - Customary arbitration - Finality of - Where two parties to a dispute voluntarily submit to arbitration - And agree to be bound by the decision - They cannot subsequently resile from the decision once pronounced. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

 

ARBITRATION - Customary law - Requirements - Of a valid and binding arbitration under customary law. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

 

ARBITRATION - Estoppel - Customary law - Arbitration decision - Has the same authority as the judgment of a judicial tribunal - And thus create an estoppel. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

 

ARBITRATION - Final decision - Applications - Relating to Arbitration proceedings - Where the trial judge held that the applications failed and struck them out - And the parties had no other rights anywhere to claim regarding the arbitration - The decision must be treated as final. Ebokam v. Ekwenibe & Sons Trading Co. Ltd (1999) 7 KLR (pt 87) 2153; (1999) 10 NWLR (Pt. 622) 242

 

BANKING - Account - Closure of the customer’s account - At the instance of the banker - The banker must give the customer reasonable notice. D. Stephens Ind. Ltd v. BCCI (Nig.) Ltd (1999) 7 KLR (pt 88) 2305; (1999) 11 NWLR (Pt. 625) 29

 

BANKING - Account - Notice to close an account - Made by a customer - May be by oral instruction - And the banker is entitled to act on the notice without delay. D. Stephens Ind. Ltd v. BCCI (Nig.) Ltd (1999) 7 KLR (pt 88) 2305; (1999) 11 NWLR (Pt. 625) 29

 

BANKING - Account - Notice to close - Revocation - Notice to have his account closed - Made by the customer - May be revoked by him before the banker acts on it - But in the present case the notice was not revoked. D. Stephens Ind. Ltd v. BCCI (Nig.) Ltd (1999) 7 KLR (pt 88) 2305; (1999) 11 NWLR (Pt. 625) 29

 

BANKING - Banker and customer relationship - Termination - In the instant case since the relationship was terminated - By a notice given by the appellant - The respondents were justified in not paying the appellant’s cheque. D. Stephens Ind. Ltd v. BCCI (Nig.) Ltd (1999) 7 KLR (pt 88) 2305; (1999) 11 NWLR (Pt. 625) 29

 

BANKING - Jurisdiction - Application of section 230(1) (d) of the Constitution - Nature of transaction between banks is a determinant factor. F.M.B. v. NDIC (1999) 2 KLR (pt 77) 331; (1999) 2 NWLR (Pt. 591) 333

 

BANKING - Loan - Lending agreement - Occurrence of events stated in the mortgage agreement - Makes the whole loan granted to respondent become payable - Amount due need not be proved in this case. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

BANKING - Receiver manager - Being the agent of the borrower - Was authorized to do all that his principal could lawfully do - Which includes repayment of the loan extended to respondent. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

BILLS OF EXCHANGE - Cause of action - Sale of goods - Action founded on the bills - When a cause of action will accrue. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

BILLS OF EXCHANGE - Foreign currency - Award - When courts in Nigeria can make award in foreign currency - And the conversion rate of the foreign currency - For the purposes of the enforcement of the judgment. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

BILLS OF EXCHANGE - Limitation of a actions - Bill - Drawn in a set - Time begins to run from the maturity of the set treated as one bill. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

CARRIAGE OF GOODS - Carriage by sea - Agent of the carrier - Is entitled to take advantage of Arts 3(6) of the Hague Rules - Which makes the Present action against it statute barred. Leventis Tech. Ltd v. Petrojessica Ent. Ltd (1999) 4 KLR (pt 81) 891; (1999) 6 NWLR (Pt. 605) 45

 

CARRIAGE OF GOODS - Carriage by sea - Limitation of action - Art. 3 (6) of the Hague Rules - The Provisions bars any claim for short-delivery - Brought against the carrier or ship one year after delivery. Leventis Tech. Ltd v. Petrojessica Ent. Ltd (1999) 4 KLR (pt 81) 891; (1999) 6 NWLR (Pt. 605) 45

 

CARRIAGE OF GOODS - Carriage by sea - The Hague Rules - Applicable by virtue of section 2 of the Carriage of Goods by Sea Act - When it will apply. Leventis Tech. Ltd v. Petrojessica Ent. Ltd (1999) 4 KLR (pt 81) 891; (1999) 6 NWLR (Pt. 605) 45

 

CARRIAGE OF GOODS - Carriage by sea - Transshipment - Where there is evidence of the transshipment and delivery of the goods - The question as to which vessel carried the goods is irrelevant. Koiki v. Magnusson (1999) 5 KLR (pt 84) 1457; (1999) 8 NWLR (Pt. 615) 492

 

CHIEFTAINCY MATTERS - Actions - Locus standi - The plaintiffs had locus standi - To initiate these proceedings. Adesina v. Obala of Otan-Aiyegbaju (1999) 2 KLR (pt 77) 301; (1999) 2 NWLR (Pt. 590) 163

 

CHIEFTAINCY MATTERS - Bini Customary law chieftaincy stool - Primogeniture - Procedure for the selection of an Enogie - Where there is no surviving male child - The Principle of primogeniture is not strictly applied. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

 

CHIEFTAINCY MATTERS - Bini Customary law - Stool of Ogiugo - Necessary traditional requirements for appointment to the Stool. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

 

CHIEFTAINCY MATTERS - Court - Access to - S. 22(5) of the Chiefs Law of Oyo State - The provisions thereof - Is not in violation of s. 33 (2) (a) of the Constitution - And has not interfered with the appellant’s access to the court. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

CHIEFTAINCY MATTERS - Court - Precondition for access to the court - In respect of disputes arising from the determination of the prescribed authority - Under s. 22 of Chiefs Law of Oyo State. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

CHIEFTAINCY MATTERS - Hereditory stool - Causes of action - Survival of - The action survived the dead Parties. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

 

CHIEFTAINCY MATTERS - Jurisdiction - Minor chieftaincies - The determination of disputed minor chieftaincies - Is a jurisdiction vested in the prescribed authority - The High Court has no jurisdiction in such cases. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

CHIEFTAINCY MATTERS - Minor chief - Title of Mogaji - A person appointed Mogaji of his family in Ibadan - Assumes the position and status of a minor chief - Within the meaning of s. 22 of the Chiefs Law. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

CHIEFTAINCY MATTERS - Registered chieftaincy declaration - To be impeached - Persons who made the law and got it registered must be parties. Adesina v. Obala of Otan-Aiyegbaju (1999) 2 KLR (pt 77) 301; (1999) 2 NWLR (Pt. 590) 163

 

CHIEFTAINCY MATTERS - Registered Chieftaincy Declaration - Is valid and binding until amended or set aside by a competent court. Adesina v. Obala of Otan-Aiyegbaju (1999) 2 KLR (pt 77) 301; (1999) 2 NWLR (Pt. 590) 163

 

CHIEFTAINCY MATTERS - The word “Chief” - How properly defined and its connotations. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

COMPANY LAW - Actions - Foreign corporation - Duly created according to the laws of a foreign state recognized by Nigeria - May sue or be sued in its corporate name. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

COMPANY LAW - Appeals - Receiver manager - 1st appellant was entitled to appoint a receiver - To manage respondent’s business - And the issue of this appointment - Is not academic - As erroneously held by the Court of Appeal. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

COMPANY LAW - Execution on company’s property - Provisional liquidator is empowered to take delivery of company’s goods before completion of execution - Except where the liquidator’s power has been set aside by the court. F.M.B. v. NDIC (1999) 2 KLR (pt 77) 331; (1999) 2 NWLR (Pt. 591) 333

 

COMPANY LAW - Liquidator - Proceedings against liquidator - Leave of court is required if proceedings is in the Federal High Court - But it is not so required in State High Court. F.M.B. v. NDIC (1999) 2 KLR (pt 77) 331; (1999) 2 NWLR (Pt. 591) 333

 

COMPANY LAW - Receiver - Hurried appointment of - Towards a creditor recovering a debt - Is not wrong - Provided fraud or serious irregularity is not committed. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

COMPANY LAW - Receiver - Irregularity - In the issue of receipt - Can be waived - In view of the circumstances of this case. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

COMPANY LAW - Receiver manager - Being the agent of the borrower - Was authorized to do all that his principal could lawfully do - Which includes repayment of the loan extended to respondent. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

COMPANY LAW - Receiver Manager - Must be impartial - And subjected to terms and conditions of his appointment. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

COMPANY LAW - Receiver - Receipt and retention of N1.3 million cheque - By the 1st respondent vide the appointed receiver - Is not wrongful - As to warrant liability in damages. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

CONFLICT OF LAWS - Statutory provisions - Conflict with the Constitution - Section 22 of the Chiefs law - The operation of the provisions - Is not in conflict with that of s. 236 of the 1979 Constitution. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

CONSTITUTIONAL LAW - Appeal as of right - S. 220(1) of the 1979 Constitution - The present appeal is as of right under the section. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

 

CONSTITUTIONAL LAW - Appeal - Ground of Law - A sole ground of law - Is sufficient to sustain an appeal - Having regard to the provisions of ss. 220(i) (b) and 221(i) of the 1979 constitution. Ebokam v. Ekwenibe & Sons Trading Co. Ltd (1999) 7 KLR (pt 87) 2153; (1999) 10 NWLR (Pt. 622) 242

 

CONSTITUTIONAL LAW - Appeal - Leave to appeal - Pursuant to S. 222 (a) of the 1979 constitution - Legally recognizable interest - Money illegally transferred to the account of the 3rd respondent - Cannot constitute a legally recognizable interest - Of the 3rd respondent in such amount - And cannot rightly be given leave to appeal. SGBN Ltd v. Afekoro (1999) 7 KLR (pt 89) 2419; (1999) 11 NWLR (Pt. 628) 521

 

CONSTITUTIONAL LAW - Appeals - Competency - Grounds of appeal - How to determine whether a ground of appeal - Is competent - Having regard to the provisions of section 213 of the 1979 Constitution (as amended). Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

 

CONSTITUTIONAL LAW - Appeals - Leave - Ground - Which complained against interference with findings of fact - Is a ground of fact - For which leave is required under s. 213(3) of the Constitution. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

 

CONSTITUTIONAL LAW - Appeals - Leave to appeal - Pursuant to S. 222 (a) of the 1979 Constitution - Legally recognizable interest - Money illegally transferred to the account of the 3rd respondent - Cannot constitute a legally recognizable interest - Of the 3rd respondent in such amount - And cannot rightly be given leave to appeal. SGBN Ltd v. Afekoro (1999) 7 KLR (pt 89) 2419; (1999) 11 NWLR (Pt. 628) 521

 

CONSTITUTIONAL LAW - Appeals - Right of appeal - “Person having interest’’ - Under s. 222 (a) of the 1979 Constitution - Means a person who has suffered a legal grievance. SGBN Ltd v. Afekoro (1999) 7 KLR (pt 89) 2419; (1999) 11 NWLR (Pt. 628) 521

 

CONSTITUTIONAL LAW - Constitution - Purport of - A constitution is the organic law of the people - It provides the machinery of government - And gives rights as well as imposing obligations - On the people it is meant for. P.D.P. v. INEC (1999) 7 KLR (pt 89) 2487; (1999) 11 NWLR (Pt. 626) 200

 

CONSTITUTIONAL LAW - Court - Access to - S. 22(5) of the Chiefs Law of Oyo State - The provisions thereof - Is not in violation of s. 33 (2) (a) of the Constitution - And has not interfered with the appellant’s access to the court. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

CONSTITUTIONAL LAW - Courts - Comment - About failure of accused to testify under the provisions of s. 33 (11) of the 1979 Constitution - Trial judge is at liberty to draw any unfavourable inference - Having regard to the evidence. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

CONSTITUTIONAL LAW - Evidence - Right to opt not to testify under s. 33 (11) of the 1979 Constitution - It may not be desirable to exercise this right where in a trial - The prosecution had established a strong case against the accused. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

CONSTITUTIONAL LAW - Freedom of Movement - Impounding of the Respondent’s Passport - By the official of the SSS - Was unconstitutional and illegal. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

CONSTITUTIONAL LAW - Fundamental Rights - Freedom of Movement - Under S. 38 (1) of the 1979 Constitution - Withdrawal of Passport - The Minister of Internal Affairs has the power to cancel or withdraw a Passport. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

CONSTITUTIONAL LAW - Grundnorm - Rule of Law - For the rule of law to survive - Any departure from the grundnorm should be by amendment of it. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

CONSTITUTIONAL LAW - Interpretative jurisdiction of the court - Principles guiding the exercise of such jurisdiction - As it applies to the construction of the constitution. P.D.P. v. INEC (1999) 7 KLR (pt 89) 2487; (1999) 11 NWLR (Pt. 626) 200

CONSTITUTIONAL LAW - Interpretation - Purposive interpretation - Established practice of the court - Where the right of a citizen is threatened or violated - Is to ensure that it preserves and protects the right - By providing remedy for the citizen. P.D.P. v. INEC (1999) 7 KLR (pt 89) 2487; (1999) 11 NWLR (Pt. 626) 200

 

CONSTITUTIONAL LAW - Judgment - Prescribed period - For delivery of judgments - Under section 258 of the 1979 Constitution - It is not sufficient to establish a contravention of Constitutional provision - It must be established that miscarriage of justice has been occasioned. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

 

CONSTITUTIONAL LAW - Judgment - Prescribed period - Miscarriage of justice - That is relevant in regard to section 258 (4) of the 1979 Constitution - Is miscarriage of justice suffered by the party complaining - By reason of contravention of that section. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

 

CONSTITUTIONAL LAW - Jurisdiction - Application of section 230(1) (d) of the Constitution - Nature of transaction between banks is a determinant factor. F.M.B. v. NDIC (1999) 2 KLR (pt 77) 331; (1999) 2 NWLR (Pt. 591) 333

 

CONSTITUTIONAL LAW - Jurisdiction - Conferred on the Court of Appeal under s. 224(1) of the 1979 Constitution - To receive appeals from the Customary Court of Appeal - The National Assembly has not prescribed matters with respect to which it is permissible to appeal. Ohai v. Akpoemonye (1999) 1 KLR (pt 76) 165; (1999) 1 NWLR (Pt. 588) 521

 

CONSTITUTIONAL LAW - Legislation - Federal Military Government - Power to legislate on any matter whatsoever - Must be within the purview allowed in the Legislative lists. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

CONSTITUTIONAL LAW - Military Government - Constitutional framework - Decree No 1. of 1984 and Decree No. 107 of 1993 - Form the basic constitutional framework - For the operation of the Government of Nigeria. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

CONSTITUTIONAL LAW - Revolution - When it is deemed to have taken place - And nature of it. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

CONSTITUTIONAL LAW - Right of appeal - Under s. 213(2) (c) of the 1979 Constitution - Where the decision appealed against - Is on questions concerning chapter IV of the constitution - Leave is not required as a precondition for appeal. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

CONSTITUTIONAL LAW - Rule of Law - Existing laws - Decree No. 1 of 1984 - Provisions of S.17 - Preserved the rule of law as it existed before the Decree. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

CONSTITUTIONAL LAW - Sovereignty - S.14 (2) (a) of the 1979 Constitution - Provisions of - Basis of an usurper’s Power. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

CONSTITUTIONAL LAW - Statutory provisions - Conflict with the Constitution - Section 22 of the Chiefs law - The operation of the provisions - Is not in conflict with that of s. 236 of the 1979 Constitution. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

CONSTITUTIONAL LAW - Supreme Court - Decision - Finality of - Once the Supreme Court has effectively decided on a matter before it - And there is no ambiguity to be corrected - It becomes functus officio. Adigun v. Sec. Iwo Local Govt. (1999) 5 KLR (pt 84) 1373; (1999) 8 NWLR (Pt. 613) 30

 

CONSTITUTIONAL LAW - Supreme Court - Inherent powers - Of the court - When it can be invoked. Adigun v. Sec. Iwo Local Govt. (1999) 5 KLR (pt 84) 1373; (1999) 8 NWLR (Pt. 613) 30

 

CONSTITUTIONAL LAW - The word “pronounced” - Under s. 258 (2) of the 1979 Constitution - The judicial interpretation of the word. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

CONSTITUTIONAL LAW - Usurpation of power - Decree No.12 of 1994 - Nature of military power - And relationship with the 1979 Constitution. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

CONTEMPT OF COURT - Abuse of court process - The conduct of the appellant in the instant case - In flouting the orders of court - Is a glaring abuse of court process - And contempt of its lawful orders. Shugaba v. Union Bank (1999) 7 KLR (pt 89) 2447; (1999) 11 NWLR (Pt. 627) 459

 

CONTEMPT OF COURT - Ex facie curiae contempt - As in the present case does not attract summary trial - Trial judge cannot therefore exercise her summary jurisdiction. Omoijahe v. Umoru (1999) 5 KLR (pt 83) 1339; (1999) 8 NWLR (Pt. 614) 178

 

CONTEMPT OF COURT - Ex facie curiae - May in some cases be summarily dealt with - In accordance with cardinal principles of fair process - And the matter should be placed before another judge in some cases - Where usual prosecution procedure must be followed. Omoijahe v. Umoru (1999) 5 KLR (pt 83) 1339; (1999) 8 NWLR (Pt. 614) 178

 

CONTEMPT OF COURT - In the face of the court - Contemptuous actions - Must be such that interfere with the cause of justice - Superior court can deal and punish for it summarily - But the power is to be used sparingly - And only in serious cases. Omoijahe v. Umoru (1999) 5 KLR (pt 83) 1339; (1999) 8 NWLR (Pt. 614) 178

 

CONTEMPT OF COURT - Trial - Order 42 rule 1 of former Bendel State High Court Rules - Court can make an order of committal under this order - After due hearing of the case - Subject to the type of contempt in issue. Omoijahe v. Umoru (1999) 5 KLR (pt 83) 1339; (1999) 8 NWLR (Pt. 614) 178

 

CONTEMPT OF COURT - Types of contempt - Are two - In facie curiae and ex facie curiae - A charge and a plea are necessary in case of the second type - And the accused is entitled to fair hearing. Omoijahe v. Umoru (1999) 5 KLR (pt 83) 1339; (1999) 8 NWLR (Pt. 614) 178

 

CONTRACTS - Breach of contract - Anticipated profit - Must be established by evidence - Burden of proof is on the party who asserts. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

CONTRACTS - Breach of contract - Where it is established - Evidence must be adduced on which assessment of damages it to be based. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

CONTRACTS - Cause of action - Contract of sale - Payment by instalments - Delivery of the entire goods - Provision that buyer shall pay by instalments - Cause of action for the purchase price - Does not accrue immediately upon delivery. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

CONTRACTS - Damages - Liquidated damages - Nature of use of subject matter of contract - Is irrelevant in awarding liquidated damages or penalty. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

CONTRACTS - Interest on judgment debt and contractual interest distinguished - Contractual interest accrues from due date until date of judgment. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

CONTRACTS - Limitation of action - Sale of goods - Contract - Where the action was founded on a contract of sale - Giving rise to a single breach when the purchase price was unpaid - The principle in Ijale case is not applicable - And it is wrong to conclude that any part of the debt is statute-barred. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

CONTRACTS - Loan - Lending agreement - Occurrence of events stated in the mortgage agreement - Makes the whole loan granted to respondent become payable - Amount due need not be proved in this case. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

CONTRACTS - Master & Servant - Termination - Contract of service - Where it is written - The Court will not look outside the terms - In deciding the rights and obligations of the parties. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

CONTRACTS - Repudiation - Fraudulent misrepresentation - Allegation of - Where both parties have freely entered into the agreement - None of them can thereafter withdraw from it - Since there is no proof of fraud or misrepresentation. Koiki v. Magnusson (1999) 5 KLR (pt 84) 1457; (1999) 8 NWLR (Pt. 615) 492

 

CONTRACTS - Sale - Cause of action - Contract of sale - Where the Price is to be paid by instalments - And there is no acceleration clause - When a cause of action accrues in respect of each instalment that has fallen into arrears. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

CONTRACTS - Sale Of Goods - Cause of action - Acceleration clause - In a contract of sale - Where the price is to be paid by instalments - When the cause of action accrues. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

CONTRACTS - Specific performance - Impossibility of performance of the contract - Is a defence to the claim - Defendant is liable in damages - If impossibility is as a result of his act. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

CONTRACTS - Specific performance - Where it cannot be ordered - Assessing and awarding due damages - Becomes the best justice that can be done. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

CONTRACTS - Subject to contract - Use of the phrase - Cannot frustrate a finally concluded contract - And the merit of the phrase - Should always be open to the Court to decide. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

CONTRACTS - Validity of - Cannot be denied - By parties that were receiving benefits from the contract. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

CONTRACTS - Wrongful termination - Contract of service - Terms of - Where the termination Complies with the terms as in the present case - It is lawful. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

CONVEYANCING - Family land - Conveyance by the head of the family - What is material is the capacity in which the Vendor dealt with the land - Rather than the knowledge of the Purchaser as to the status of the land. Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

CONVEYANCING - Forgery - Denial by one of the executants of being a party to the execution - The burden of proving forgery rests on that party who alleges. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

CONVEYANCING - Lease - Subject to contract - Use of the phrase - Cannot frustrate a finally concluded contract - And the merit of the phrase - Should always be open to the Court to decide. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

CONVEYANCING - Title - Conveyances - Based on the conveyances - Both parties failed to establish title to the land in dispute. Adebo v. Saki Estates Ltd (1999) 5 KLR (pt 83) 1197; (1999) 7 NWLR (Pt. 612) 525

 

CONVEYANCING - Title - Documents of title - Due execution - The appellants having established due execution of the conveyances in the present case - They have prima facie established their title. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

CONVICTIONS - Basis - Conviction based on confessional statements - Where the trial judge failed to make a specific finding - As to whether or not the confessions were actually made by the accused - Is a gross misdirection. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

CORROBORATION - Evidence - Evaluation of evidence - Corroboration in civil cases - Is not required by law - Except in few cases. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

 

COST - Amount to be awarded - Where agreed upon by the parties - The court’s discretion will be fettered. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

COST - Appeals - When an appeal is partially successful - What order of costs an appellate court may make. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

COST - Award of - Cost of N850.00 - Awarded by the Court of Appeal - Is not excessive and arbitrary. Omoijahe v. Umoru (1999) 5 KLR (pt 83) 1339; (1999) 8 NWLR (Pt. 614) 178

 

COST - Discretion of Court to award - Must be exercised judicially and judiciously - And costs are not meant to be a bonus to the successful party. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

COURT PROCESSES - Abuse of court process - Contempt - The conduct of the appellant in the instant case - In flouting the orders of court - Is a glaring abuse of court process - And contempt of its lawful orders. Shugaba v. Union Bank (1999) 7 KLR (pt 89) 2447; (1999) 11 NWLR (Pt. 627) 459

 

COURT PROCESSES - Abuse - Of court process - Relitigation of a matter - That was finally decided by the Supreme Court in a previous suit - Is an abuse of court process. Adigun v. Sec. Iwo Local Govt. (1999) 5 KLR (pt 84) 1373; (1999) 8 NWLR (Pt. 613) 30

 

COURT PROCESSES - Originating summons and writ of summons - Vital distinction - Between both of them. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

COURT PROCESSES - Originating Summons - Definition - And use of originating summons. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

COURT PROCESSES - Service of writ - Sheriffs and Civil Process Act - The provisions of ss. 97, 98 and 99 - Their combined effect - Is to make the writ in the instant case one for service outside the jurisdiction - Which must allow for thirty days for the defendant to appear. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

COURTS - Abuse of court process - Contempt - The conduct of the appellant in the instant case - In flouting the orders of court - Is a glaring abuse of court process - And contempt of its lawful orders. Shugaba v. Union Bank (1999) 7 KLR (pt 89) 2447; (1999) 11 NWLR (Pt. 627) 459

 

COURTS - Abuse - Of court process - Relitigation of a matter - That was finally decided by the Supreme Court in a previous suit - Is an abuse of court process. Adigun v. Sec. Iwo Local Govt. (1999) 5 KLR (pt 84) 1373; (1999) 8 NWLR (Pt. 613) 30

 

COURTS - Action - Striking out - Of the application for interlocutory injunction - And the main action - Trial court was right in treating each application - According to available evidence. Adeyemi v. Olakunri (1999) 12 KLR (pt 91) 2909; (1999) 14 NWLR (Pt. 638) 204

 

COURTS - Adjournment of cases - Are at the discretion of the court - And to succeed in an appeal against such exercise of discretion - It must be shown that the order would manifestly work injustice. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

COURTS - Adjournment - Written application to the court - For adjournment - By the counsel for the appellants - And the appellants voluntarily decided to prosecute their case without their counsel - The trial judge was quite right to so proceed. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

COURTS - Adjudication - Academic exercise - A court of law is enjoined to adjudicate between parties in relation to their competing legal interests - And never to engage in a mere academic discourse. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

COURTS - Admissibility of document - By trial judge under wrong section of the law - Will be corrected by appellate court - Unto retaining the evidence so admitted. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

COURTS - Appeal - Costs - When an appeal is partially successful - What order of costs an appellate court may make. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

COURTS - Appeal - Findings of facts - By trial court - The attitude of appellate court to such findings. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

 

COURTS - Appeal - Judgment - Perverse decision - An appellate Court is under a duty to interfere - And reverse the decision of a trial court - Which is perverse. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

 

COURTS - Appeals - Concurrent findings of fact - Will not be interfered with - As appellants have failed to show any special circumstances. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

COURTS - Appeals - Concurrent findings on facts - The attitude of the Supreme Court - Is not to disturb such findings - Where it is based on the lawful evidence before the lower courts. Kutse v. A-G Plateau State (1999) 2 KLR (pt 78) 459; (1999) 4 NWLR (Pt. 597) 1

 

COURTS - Appeals - Costs - When an appeal is partially successful - What order of costs an appellate court may make. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

COURTS - Appeals - Customary courts Rules, 1978 - Order 10 rule 6(6) - By that provision where there is no fresh evidence in rebuttal of the Customary law in the Customary Court of Appeal - That Court should not have reversed the decision of the Area customary court on appropriate Customary law. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

 

COURTS - Appeals - Discretion - Exercised by lower court - Where judicious - Appellate court will not disturb it - Merely because it would have exercised that discretion differently. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

COURTS - Bini Customary law - Customary Court - It is only the members of the trial Customary Court - That can state the appropriate customary law from their personal knowledge. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

 

COURTS - Chieftaincy matters - Precondition for access to the court - In respect of disputes arising from the determination of the prescribed authority - Under s. 22 of Chiefs Law of Oyo State. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

COURTS - Chieftaincy matters - Registered Chieftaincy Declaration - Is valid and binding until amended or set aside by a competent court. Adesina v. Obala of Otan-Aiyegbaju (1999) 2 KLR (pt 77) 301; (1999) 2 NWLR (Pt. 590) 163

 

COURTS - Comment - About failure of accused to testify under the provisions of s. 33 (11) of the 1979 Constitution - Trial judge is at liberty to draw any unfavourable inference - Having regard to the evidence. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

COURTS - Company law - Execution on company’s property - Provisional liquidator is empowered to take delivery of company’s goods before completion of execution - Except where the liquidator’s power has been set aside by the court. F.M.B. v. NDIC (1999) 2 KLR (pt 77) 331; (1999) 2 NWLR (Pt. 591) 333

 

COURTS - Company law - Liquidator - Proceedings against liquidator - Leave of court is required if proceedings is in the Federal High Court - But it is not so required in State High Court. F.M.B. v. NDIC (1999) 2 KLR (pt 77) 331; (1999) 2 NWLR (Pt. 591) 333

 

COURTS - Concurrent findings of fact - Interference with such findings - When the Supreme Court will so interfere. Enabulele v. Agbonlahor (1999) 3 KLR (pt 79) 649; (1999) 4 NWLR (Pt. 598) 166

 

COURTS - Concurrent findings of fact - Of two lower courts - Attitude of the Supreme Court to such findings. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

COURTS - Concurrent findings of fact - Supported by sufficient evidence - Circumstances that will warrant the Supreme Court to interfere with such findings. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

 

COURTS - Concurrent jurisdiction - Exercise of - The inequities of the exercise of concurrent jurisdiction - Between an inferior tribunal and the High Court. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

COURTS - Constitutional Law - Interpretative jurisdiction of the court - Principles guiding the exercise of such jurisdiction - As it applies to the construction of the Constitution. P.D.P. v. INEC (1999) 7 KLR (pt 89) 2487; (1999) 11 NWLR (Pt. 626) 200

 

COURTS - Court of Appeal Act, 1976 - Provisions of s. 16 - The extent of the power of the Court of Appeal under it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

COURTS - Court of Appeal - Failure to consider issues - Properly raised before it - Is erroneous. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

COURTS - Court of Appeal - Powers - It has full powers and jurisdiction - To amend any judgment of the trial High Court - On appeal before it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

COURTS - Damages - Appeals - General damages - Awarded by the trial court - When an appellate Court will interfere with such an award. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

COURTS - Damages - Appeals - Subject to contract - Use of the phrase - Cannot frustrate a finally concluded contract - And the merit of the phrase - Should always be open to the Court to decide. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

COURTS - Damages - Substitution - Of an award of general damages for special damages not proved - By the Court of Appeal - When the respondent did not cross-appeal - Is erroneous. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

COURTS - Discretion - Joinder of parties - Discretion of trial Court to so order - Where not perverse - Should not be overturned by appellate court. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

COURTS - Documents - Admissibility of evidence - Depends on the purpose for which it is being tendered - The trial Court was wrong - To have rejected the plans sought to be tendered in this case. Agbahomovo v. Eduyegbe (1999) 2 KLR (pt 78) 437; (1999) 3 NWLR (Pt. 594) 170

 

COURTS - Estoppel - Res judicata - Plea of - Duties of a court - Before which a judgment is tendered in support of a plea - Of Estoppel per rem judicatam . Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

 

COURTS - Evidence - Admission of evidence under a wrong section of the law - Is not sufficient ground to reverse the judgment. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

COURTS - Evidence - Duty of trial court - To make findings on the evidence - Was admirably carried out. Okeke v. Agbodike (1999) 12 KLR (pt 91) 2921; (1999) 14 NWLR (Pt. 638) 215

 

COURTS - Evidence - Evaluation of - Is the duty of trial court and not the appellate court - And that duty was properly carried out by trial judge. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

COURTS - Evidence - Evaluation of - The type of evidence a court can act on - Is the evidence which was exposed and canvassed in court. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

 

COURTS - Evidence - Evaluation of - Where the trial court has properly evaluated evidence - It is not the business of the Court of Appeal to substitute its own view - For the views of the trial court. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

COURTS - Evidence - Findings of fact - Made by a trial court - Which are reasonably supported by the evidence - An appellate court has a duty not to interfere with such findings. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

 

COURTS - Evidence - Witnesses - Contradictions - In the evidence of prosecution witnesses on a material fact - Attitude of the court to such contradictions. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

 

COURTS - Evidence - Witnesses - Contradictions - In the evidence of witnesses called by the same party - How the courts treat such contradictions. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

COURTS - Evidence - Wrongful admission of - Does not ground reversal in all cases - Duty of showing substantial miscarriage of justice - Is on the appellant. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

COURTS - Fair hearing - Denial - Of fair hearing - Where the courts carefully considered all the questions raised by the appellant - He was not denied fair hearing. Amokeodo v. IGP (1999) 5 KLR (pt 82) 1105; (1999) 6 NWLR (Pt. 607) 467

 

COURTS - Fair hearing - Order made suo motu - A Court has no power to make an order - Which has not been asked for - And which the person against whom it is made - Had no opportunity of resisting. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

COURTS - Findings of fact - By trial court - Based on pleadings and evidence before it - The Court of Appeal was in error to have interfered with them. Uzoechi v. Onyenwe (1999) 1 KLR (pt 75) 57; (1999) 1 NWLR (Pt. 587) 339

 

COURTS - Findings of fact - Where dependent on documentary evidence - Trial judge is to test the reliability of the oral evidence - Against the documentary evidence. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

COURTS - General damages - Fall in the value of money - How the Court is to deal with the situation - In the award of general damages. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

COURTS - Hypothetical and academic questions - Attitude of the Courts - Toward such questions. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

COURTS - Issues - Appellate courts - Can only decide on issues - Raised on the grounds of appeal filed. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

COURTS - Issues raised - Lower court is under a duty - To consider and determine all non hypothetical issues placed before it - And need not raise the suo motu issue it raised. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

COURTS - Judgment - Appeal - Native Courts Proceedings - Where a trial court failed to advert to the principle - That Native Courts are not bound by the technical rules of procedure - Which govern trials in the Courts of Record - The Court of Appeal was right to have interfered - With the judgment of the trial Court. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

 

COURTS - Judgment debt - Interest thereon - From when calculated - Is after adjudication not from accrual of cause of action. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

COURTS - Judgment - Misdirection - When a court can be said to has misdirected itself. Oyinloye v. Esinkin (1999) 6 KLR (pt 86) 1955; (1999) 10 NWLR (Pt. 624) 540

 

COURTS - Judgment - Setting aside - Judgment which is a nullity - The court’s jurisdiction to set aside its own judgment which is a nullity - Can be exercised suo motu. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

COURTS - Judgments - Foreign currency - Award - When courts in Nigeria can make award in foreign currency - And the conversion rate of the foreign currency - For the purposes of the enforcement of the judgment. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

COURTS - Judgments - Issue - That did not arise under the grounds of appeal - Cannot be raised by the court - And where the court merely raised such issue in the instant case - But did not consider it - It has not occasioned a miscarriage of justice. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

COURTS - Judgments - Order of retrial - Finding of fact - Made by a trial court - Which was supported by evidence - The Court of Appeal was in error to have disturbed such finding - And ordered a retrial. Oyovbiare v. Omamurhomu (1999) 7 KLR (pt 87) 2131; (1999) 10 NWLR (Pt. 621) 23

 

COURTS - Jurisdiction - Challenge of jurisdiction - Where the parties fought a case erroneously - On the basis that the court had jurisdiction - A party is not estopped from subsequently taking the contrary position. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

COURTS - Jurisdiction - Defect of jurisdiction - The rules of natural justice - It is only after the court has assumed jurisdiction properly - That observance of the rules would be looked into. Ohai v. Akpoemonye (1999) 1 KLR (pt 76) 165; (1999) 1 NWLR (Pt. 588) 521

 

COURTS - Jurisdiction - Lack of - Where a court has no jurisdiction to hear and determine a matter - Legal implications. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

COURTS - Jurisdiction - Land Use Act - Land covered by customary Right of occupancy - The Court with jurisdiction in Benue State - In respect to such land - Is the Area Court. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

 

COURTS - Jurisdiction - Ouster - Challenge of the validity of the 1978 Edict - The jurisdiction of the learned trial judge to entertain the matter was ousted - By the provisions of S. 2 (2) of the 1977 Decree. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

COURTS - Jurisdiction - Ouster clause - Extent of - Decree No. 8 of 1994 - Where the decree was specifically directly at the 1st respondent - It is clearly in defensible to extend any ouster clause - To prevent the Court from entertaining the compliant of the other respondents. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

COURTS - Jurisdiction - Ouster - Validity of a Decree - Courts are Precluded from making a decision - To declare on the validity or otherwise of a Decree. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

COURTS - Misdirection - By the trial judge - In referring to the doctrine of res ipsa loquitur - Has not occasioned any miscarriage of justice. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

COURTS - Native Courts’ proceedings - In considering proceedings in those Courts - The substance of the action and not the form should be looked at. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

COURTS - New issue - Specific reference to sections of the Evidence Act - Is not tantamount to raising new issues by court - Court need not invite further address from counsel - Merely because it referred to sections of an Act. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

COURTS - New issues - Raised by the court - And which do not arise from the parties’ pleadings - Any decision based on such issues - Will not be allowed to stand. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

COURTS - Nullity of a trial - Order of retrial - Power of the appellate court to order a retrial - Principles guiding it. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

 

COURTS - Official language - Of the superior courts of record throughout Nigeria - Is English - And the onus is on one who asserts a breach of this notorious age-long procedural practice - To prove it. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

COURTS - Order of injunction - Granted suo motu by the court in favour of the respondents - Is proper - Since title to the land in dispute has been declared in their favour. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

COURTS - Ouster clause - Provisions of - The courts have a duty to examine any ouster clause - To determine its aim and purview. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

COURTS - Pleadings - Amendment - Principles - That should guide a court - In deciding when and in what circumstances - A party may be allowed to amend his pleadings. Okolo v. UBN Ltd (1999) 6 KLR (pt 86) 1935; (1999) 10 NWLR (Pt. 623) 429

 

COURTS - Pleadings - Amendment suo motu by court - Was proper in the present case - As it did not entail injustice to the other party. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

COURTS - Pleadings - Binding effect of - Parties are bound by their pleadings and the issues joined therein - And the Court must be on its guard not to deviate therefrom. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

COURTS - Pleadings - Mistake by the trial court - Of referring to the original pleadings in the face of the amended pleadings before the court - Is erroneous - But did not occasion miscarriage of justice in the present case. Oyinloye v. Esinkin (1999) 6 KLR (pt 86) 1955; (1999) 10 NWLR (Pt. 624) 540

 

COURTS - Res judicata - Decree of title to land - Judgment of a provincial court presided over by a Resident who was not a lawyer - The court was not bound to strictly follow the rules of Pleadings. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

COURTS - Setting aside judgment - Nullity - Where the issue of nullity of the court’s decision was not before it - The court has no duty to have it’s decision set aside - Even though it found that the decision was a nullity. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

COURTS - Suo motu setting aside - Of a judgment that is a nullity - What is meant by the court exercising its jurisdiction suo motu. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

COURTS - Supreme Court - Decision - Finality of - Once the Supreme Court has effectively decided on a matter before it - And there is no ambiguity to be corrected - It becomes functus officio. Adigun v. Sec. Iwo Local Govt. (1999) 5 KLR (pt 84) 1373; (1999) 8 NWLR (Pt. 613) 30

 

COURTS - Supreme Court - Inherent powers - Of the court - When it can be invoked. Adigun v. Sec. Iwo Local Govt. (1999) 5 KLR (pt 84) 1373; (1999) 8 NWLR (Pt. 613) 30

 

COURTS - Supreme Court - Power to remit an appeal - Back to the Court of Appeal - Where it failed to consider the issue raise before it - To do so in the circumstances of the present case - Would be a waste of time. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

COURTS - Technicalities - Duty of the courts - The emphasis is on doing substantial Justice - Rather than on technicalities. Egolum v. Obasanjo (1999) 5 KLR (pt 83) 1263; (1999) 7 NWLR (Pt. 611) 355

 

COURTS - Title to land - Proof of - Findings by the trial Court - That title has been declared in favour of the plaintiffs in earlier proceedings - The Court of Appeal was wrong to have interfered with such findings. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

CRIMINAL LAW - Culpable homicide - Punishable with death - Before the court can convict on such a charge - It must be satisfied that the death - Was the probable consequence of the act of the accused. Lado v. The State (1999) 6 KLR (pt 85) 1727; (1999) 9 NWLR (Pt. 619) 369

 

CRIMINAL LAW - Culpable homicide - Punishable with death - Possibility of a presumption - One way or the other as to what brought about the clash - Between the accused and the deceased - How to resolve it. Lado v. The State (1999) 6 KLR (pt 85) 1727; (1999) 9 NWLR (Pt. 619) 369

 

CRIMINAL LAW - Defences - Provocation - Gravity of provocation cannot be correctly assessed - In isolation from the manner of the community - To which the appellant is a member. Lado v. The State (1999) 6 KLR (pt 85) 1727; (1999) 9 NWLR (Pt. 619) 369

 

CRIMINAL LAW - Defences - Provocation - The defence cannot be available to the appellant - When it was he that attacked the deceased a second time. Effia v. The State (1999) 6 KLR (pt 85) 1749; (1999) 8 NWLR (Pt. 613) 1

 

CRIMINAL LAW - Manslaughter - Failure to exercise sufficient care - Where the shooting which resulted in the death of the deceased - Was as a result of failure to exercise sufficient care by the appellant - The action comes within the purview of s. 317 of the Criminal Code. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

CRIMINAL LAW - Manslaughter - Self defence - Right of self defence - Where the person attacked exceeds that right and kills the offender - The offence committed is manslaughter. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

 

CRIMINAL LAW - Manslaughter - Unlawful killing - Which does not constitute murder - Is manslaughter. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

CRIMINAL LAW - Murder - Conviction - Based on circumstantial evidence - The statement made by the accused to the Police - Does not constitute a coexisting circumstance which weakens the inference that the accused killed the deceased. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

CRIMINAL LAW - Murder - Ingredients that must be proved - Before a person charged with murder under s. 319 of the Criminal Code - Can be convicted. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

CRIMINAL LAW - Murder - Insufficient proof - Where the offence of murder was not proved - The appellant can be convicted of manslaughter - Since the disregard of his legal duty to take care - Resulted in the death of the deceased. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

CRIMINAL LAW - Murder - Proof - Intentional killing - Where the killing resulting from the act of the appellant was not intended - His act does not fall within the provisions of s. 316 of the Criminal Code - And cannot constitute murder. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

CRIMINAL LAW - Murder - Insufficient proof - Where the offence of murder was not proved - The appellant can be convicted of manslaughter - Since the disregard of his legal duty to take care - Resulted in the death of the deceased. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

CRIMINAL LAW - Murder - Self defence - Right to - When an accused can put up the defence. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

 

CRIMINAL LAW - Murder - Self Defence - Was rightly held inapplicable in this case - Where the deceased died as a result of the injury he received from the appellant. Lado v. The State (1999) 6 KLR (pt 85) 1727; (1999) 9 NWLR (Pt. 619) 369

 

CRIMINAL LAW - Murder - Under section 319 (1) of the Criminal Code - What the prosecution is required to prove. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

CRIMINAL LAW - Murder - Unlawful killing - When it is unlawful to kill a human being. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

CRIMINAL LAW - Provocation - Evidence of - Onus to prove absence of provocation - Lies on the prosecution. Lado v. The State (1999) 6 KLR (pt 85) 1727; (1999) 9 NWLR (Pt. 619) 369

 

CRIMINAL LAW - Unlawful killing - Reasonable care - Use of - In carrying out a lawful duty - Which is dangerous to life - Under s. 303 of the Criminal Code - Is inapplicable in the case of a member of the Mobile Police Unit - Checking motorists on the road. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

CRIMINAL PROCEDURE - Appeals - Evaluation of evidence - Findings - That the four appellants participated in the crime - There can be no reason to interfere with such findings - Since they are fully supported by abundant evidence. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

CRIMINAL PROCEDURE - Arraignment - Essential requirements - That must be satisfied to make for a valid arraignment. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

CRIMINAL PROCEDURE - Arraignment - Interpretation of the charge - To the appellants - In the absence of contrary evidence - It will be assumed that the correct procedure was adopted - By the trial court. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

CRIMINAL PROCEDURE - Arraignment - Persons to be jointly tried on a charge - The requirement of s. 333 Criminal Procedure Law - Is complied with by reading and explaining it to the group. Udeh v. The State (1999) 5 KLR (pt 83) 1235; (1999) 7 NWLR (Pt. 609) 1

 

CRIMINAL PROCEDURE - Arraignment - Presumption of regularity - Under s. 150(1) of the Evidence Act - Is fully applicable in the present case - Where the arraignment was carried out in a manner - Which was substantially regular. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

CRIMINAL PROCEDURE - Arraignment - Procedural and constitutional requirements - Aim to protect illiterate Nigerians - And are thus inapplicable in the present case. Idemudia v. The State (1999) 5 KLR (pt 82) 1075; (1999) 7 NWLR (Pt. 610) 202

 

CRIMINAL PROCEDURE - Arraignment - Requirements - Laid down for a valid and proper arraignment - Failure to comply with them - Will render the whole trial a nullity. Idemudia v. The State (1999) 5 KLR (pt 82) 1075; (1999) 7 NWLR (Pt. 610) 202

 

CRIMINAL PROCEDURE - Arraignment - Trial Court - Requirement that it be satisfied with the explanation of the charge - Before the accused persons plead thereto - The test with regard to the requirement - Is subjective and not objective. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

CRIMINAL PROCEDURE - Burden of proof - In a criminal case - Lies on the prosecution - And the standard required is proof beyond reasonable doubt - But not beyond any shadow of doubt. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

CRIMINAL PROCEDURE - Contradiction - In the evidence of prosecution witnesses - For it to be fatal - The contradiction must be fundamental to the main issues in question. Effia v. The State (1999) 6 KLR (pt 85) 1749; (1999) 8 NWLR (Pt. 613) 1

 

CRIMINAL PROCEDURE - Conviction - Based on confessional statements - Where the trial judge failed to make a specific finding - As to whether or not the confessions were actually made by the accused - Is a gross misdirection. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

CRIMINAL PROCEDURE - Courts - Comment - About failure of accused to testify under the provisions of s. 33 (11) of the 1979 Constitution - Trial judge is at liberty to draw any unfavourable inference - Having regard to the evidence. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

CRIMINAL PROCEDURE - Defence - The Principle in R v. Ukpong - Only applies to the evidence of a witness - Other than an accused Person - Who is shown to have made a statement - Inconsistent with his evidence at the trial. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

 

CRIMINAL PROCEDURE - Evidence - Admissibility - Confession - Circumstances when a confession may be inadmissible. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

CRIMINAL PROCEDURE - Evidence - Admissibility - Judges Rules - Observance of in the taking of statements - The nonobservance of the rules is not necessarily fatal - To the admissibility of the statement. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

CRIMINAL PROCEDURE - Evidence - Circumstantial evidence - Inference of the accused’s guilt from circumstantial evidence - When not to draw such inference. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

 

CRIMINAL PROCEDURE - Evidence - Criminal trial - Burden of proof - Is upon the prosecution - But the burden may shift to the accused. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

CRIMINAL PROCEDURE - Evidence - Evaluation of evidence - Contradictions - In the prosecution’s evidence on vital issues - Any doubt as to the guilt of the accused arising from such contradictions - Must be resolved in favour of the accused. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

 

CRIMINAL PROCEDURE - Evidence - Right to opt not to testify under s. 33 (11) of the 1979 Constitution - It may not be desirable to exercise this right where in a trial - The prosecution had established a strong case against the accused. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

CRIMINAL PROCEDURE - Evidence - Witness - Credibility - Failure to mention the name of a suspect to the police at the earliest opportunity - Would only detract from the credibility of the evidence of the witness - If he is shown to have known the suspect by name at the time of the incident. Udeh v. The State (1999) 5 KLR (pt 83) 1235; (1999) 7 NWLR (Pt. 609) 1

 

CRIMINAL PROCEDURE - Evidence - Witnesses - Contradictions - In the evidence of prosecution witnesses on a material fact - Attitude of the court to such contradictions. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

 

CRIMINAL PROCEDURE - Murder - Insufficient proof - Where the offence of murder was not proved - The appellant can be convicted of manslaughter - Since the disregard of his legal duty to take care - Resulted in the death of the deceased. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

CRIMINAL PROCEDURE - Nullity of a trial - Order of retrial - Power of the appellate court to order a retrial - Principles guiding it. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

 

CRIMINAL PROCEDURE - Proof - Circumstantial evidence - Proof of death by it - Is accepted - Because in criminal cases the possibility of always proving the offence charged by direct evidence is rare. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

CRIMINAL PROCEDURE - Trial - In abstentia - S. 210 of the Criminal Procedure Act - Requires a defendant to be Present through out his trial - Save where he falls under the exceptions. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

 

CRIMINAL PROCEDURE - Trial - Nullity of - Circumstances under which a trial may be a nullity - The Present case falls under the circumstances. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

 

CRIMINAL PROCEDURE - Trials - Usual procedure for the apprehension, charge and prosecution of the offender - Must be followed - To ensure that an accused receives a fair trial - as guaranteed by the Constitution. Omoijahe v. Umoru (1999) 5 KLR (pt 83) 1339; (1999) 8 NWLR (Pt. 614) 178

 

CROSS EXAMINATION - Special damages - Pleadings and evidence led in proof - Where not controverted by cross examination - Court is to accept and act on the evidence. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

CUSTOMARY LAW - Appeals - Customary courts Rules, 1978 - Order 10 rule 6(6) - By that provision where there is no fresh evidence in rebuttal of the Customary law in the Customary Court of Appeal - That Court should not have reversed the decision of the Area customary court on appropriate Customary law. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

 

CUSTOMARY LAW - Appeals - Decision of the Customary Court of Appeal - The only matter appealable from it - Is that which involves questions of customary law. Ohai v. Akpoemonye (1999) 1 KLR (pt 76) 165; (1999) 1 NWLR (Pt. 588) 521

 

CUSTOMARY LAW - Arbitration - Requirements - Of a valid and binding arbitration under customary law. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

 

CUSTOMARY LAW - Better title - Proof - Benin customary law - Although the parties did not appear before the Oba of Benin - There was overwhelming evidence that the respondent proved her claim. Enabulele v. Agbonlahor (1999) 3 KLR (pt 79) 649; (1999) 4 NWLR (Pt. 598) 166

 

CUSTOMARY LAW - Bini Customary law - Customary Court - It is only the members of the trial Customary Court - That can state the appropriate customary law from their personal knowledge. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

 

CUSTOMARY LAW - Chieftaincy - Bini Customary law chieftaincy stool - Primogeniture - Procedure for the selection of an Enogie - Where there is no surviving male child - The Principle of primogeniture is not strictly applied. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

CUSTOMARY LAW - Bini Customary law - Stool of Ogiugo - Necessary traditional requirements for appointment to the Stool. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

 

CUSTOMARY LAW - Custom - Burden of proof - Is on the party who seeks to rely on it - And who will fail - Where such evidence is not adduced. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

CUSTOMARY LAW - Customary arbitration - Finality of - Where two parties to a dispute voluntarily submit to arbitration - And agree to be bound by the decision - They cannot subsequently resile from the decision once pronounced. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

 

CUSTOMARY LAW - Estate - Distribution of - Onitsha customary law of “Usokwu” - Its meaning and application. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

CUSTOMARY LAW - Jurisdiction - Conferred on the Court of Appeal under s. 224(1) of the 1979 Constitution - To receive appeals from the Customary Court of Appeal - The National Assembly has not prescribed matters with respect to which it is permissible to appeal. Ohai v. Akpoemonye (1999) 1 KLR (pt 76) 165; (1999) 1 NWLR (Pt. 588) 521

 

CUSTOMARY LAW - Land law - Customary sale of land - Evidence of handing over ceremony - Is not necessary before title under customary law could pass - Plaintiff established sale to him under customary law. Adebo v. Saki Estates Ltd (1999) 5 KLR (pt 83) 1197; (1999) 7 NWLR (Pt. 612) 525

 

CUSTOMARY LAW - Meaning - Question of Customary law - What customary law means. Ohai v. Akpoemonye (1999) 1 KLR (pt 76) 165; (1999) 1 NWLR (Pt. 588) 521

 

CUSTOMARY LAW - Modification - Declaration - Once enquiry was conducted - And it reflects substantially the custom of the people - The modified customary law shall be approved. Kutse v. A-G Plateau State (1999) 2 KLR (pt 78) 459; (1999) 4 NWLR (Pt. 597) 1

 

CUSTOMARY LAW - Modification - Plateau State Local Government Edict 1976 -Provisions of section 72 - Powers of the Local government to make declarations - And modifications of customary law - The reason for the provisions is that no custom is ossified. Kutse v. A-G Plateau State (1999) 2 KLR (pt 78) 459; (1999) 4 NWLR (Pt. 597) 1

 

CUSTOMARY LAW - Native Courts Proceedings - Where a trial court failed to advert to the principle - That Native Courts are not bound by the technical rules of procedure - Which govern trials in the Courts of Record - The Court of Appeal was right to have interfered - With the judgment of the trial Court. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

 

CUSTOMARY LAW - Native Courts’ proceedings - In considering proceedings in those Courts - The substance of the action and not the form should be looked at. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

CUSTOMARY LAW - Onitsha customary law - Of “usokwu” - Is a recognized mode of distribution of property on intestacy - But it is inapplicable to the present case. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

CUSTOMARY LAW - Statutes - Plateau State Local Government Edict 1976 - Provisions of section 72 - Powers of the Local government to make declarations - And modifications of customary law - The reason for the provisions is that no custom is ossified. Kutse v. A-G Plateau State (1999) 2 KLR (pt 78) 459; (1999) 4 NWLR (Pt. 597) 1

 

CUSTOMARY LAW - Title - Acquisition of land - Under Bini native law and custom - The fundamental principles governing it. Enabulele v. Agbonlahor (1999) 3 KLR (pt 79) 649; (1999) 4 NWLR (Pt. 598) 166

 

DAMAGES - Admissible evidence - On the amount of damages - Which remains uncontroverted - Unless the evidence is palpably incredible - The Court has no reason not to accept it. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

DAMAGES - Aggravated and special damages - Award of both damages is justified in the present case - Where the conduct of the 1st appellant depicted a gross abuse of official power. Odiba v. Muemue (1999) 6 KLR (pt 86) 1911; (1999) 10 NWLR (Pt. 622) 174

 

DAMAGES - Appeals - Concurrent findings in respect of special and general damages - Not having been shown to be perverse - Will not be interfered with. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

DAMAGES - Appeals - Damages - Substitution - Of an award of general damages for special damages not proved - By the Court of Appeal - When the respondent did not cross-appeal - Is erroneous. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

DAMAGES - Appeals - Failure of trial court to assess damages claimed - If appellate court finds it impossible from the records - To make any justifiable assessment - The case will be remitted to the trial judge. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

DAMAGES - Appeals - General damages - Awarded by the trial court - When an appellate Court will interfere with such an award. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

DAMAGES - Appeals - General damages - Where there was no pleading in support of general damages - And there was no appeal on the issue - There is nothing upon which general damages of any sort can be based. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

DAMAGES - Award of Damages - Which was not pleaded or established - Is erroneous. Alhaji Otaru & Sons Ltd v. Idris (1999) 4 KLR (pt 81) 847; (1999) 6 NWLR (Pt. 606) 330

DAMAGES - Contracts - Breach of contract - Where it is established - Evidence must be adduced on which assessment of damages it to be based. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

DAMAGES - Contracts - Specific performance - Where it cannot be ordered - Assessing and awarding due damages - Becomes the best justice that an be done. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

DAMAGES - Distinction - Special damages - And general damages - The distinction between them. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

DAMAGES - General damages - Adequate compensation - For physical pains and accompanying distress - How to correctly assess. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

DAMAGES - General damages - Fall in the value of money - How the Court is to deal with the situation - In the award of general damages. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

DAMAGES - General damages - Negligence - The general damages must depend on some collateral consequence - Of the negligent act of the appellants in the present case. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

DAMAGES - General damages - Statistics - Of the depreciation of the naira - Where there is no direct evidence of such statistics - Although it is known to have occurred - The trial Court should take a mental account of it - But mask its effect in making a reasonable award. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

DAMAGES - Interlocutory injunction - Application for it - Damages of N100.00 ordered by trial court - If plaintiffs’ application proves to be frivolous - Cannot be called an undertaking to pay damages. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

 

DAMAGES - Land law - Where trial court awarded N250.00 general damages - And there is no appeal against that award - Appeal Court will not alter it. Adebo v. Saki Estates Ltd (1999) 5 KLR (pt 83) 1197; (1999) 7 NWLR (Pt. 612) 525

 

DAMAGES - Liability - Receiver - Receipt and retention of N1.3 million cheque - By the 1st respondent vide the appointed receiver - Is not wrongful - As to warrant liability in damages. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

DAMAGES - Liquidated damages - Nature of use of subject matter of contract - Is irrelevant in awarding liquidated damages or penalty. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

DAMAGES - Measure - The principle of restitution in integrum - Claim for total destruction of property - The measure of damages will be the value of the property - At the time of its destruction. Shell Pet. Dev. Co. (Nig.) Ltd. v. Ambah (1999) 2 KLR (pt 78) 467; (1999) 3 NWLR (Pt. 593) 1

 

DAMAGES - Pleadings - Traverse - Any allegation in pleadings that a party has suffered damage - Is deemed to be traversed - Unless specifically admitted. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

DAMAGES - Special damages - Award for loss of income - Where the appellant failed to plead and prove special damages - Award for loss of income and use of the vehicle - Is erroneous. Alhaji Otaru & Sons Ltd v. Idris (1999) 4 KLR (pt 81) 847; (1999) 6 NWLR (Pt. 606) 330

 

DAMAGES - Special damages - Award of - Special damages not based on the facts pleaded - Cannot be allowed to stand. Shell Pet. Dev. Co. (Nig.) Ltd. v. Ambah (1999) 2 KLR (pt 78) 467; (1999) 3 NWLR (Pt. 593) 1

 

DAMAGES - Special damages - Mitigation of loss - Contention that the Cross Appellant as a civil servant - Ought to have mitigated his loss - By receiving treatment in a government hospital as opposed to a private one - Lacks merit. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

DAMAGES - Special damages - Must be pleaded - And strictly proved by satisfactory evidence. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

DAMAGES - Special damages - Pleadings and evidence led in proof - Where not controverted by cross examination - Court is to accept and act on the evidence. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

DAMAGES - Special damages - Pleadings - In the face of insufficient traverse - Strict proof of special damages being necessary - Was still achieved vide satisfactory evidence. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

DAMAGES - Special damages - Proof - Is to be based on balance of probabilities - Subject to pleadings and circumstances of each case. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

DAMAGES - Special damages - Proof of exclusive ownership of goods damaged - As required in Sommer’s case - Is not necessary in this case. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

DAMAGES - Special damages - Proof - Standard of - Special damages have to be strictly proved - The trial judge is not entitled to embark upon his own assessment - Using conceived parameter in place of evidence. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

DAMAGES - Special damages - Prospective expenditure - Money actually spent before the time of hearing a claim for damages for injuries suffered - Comes under special damages - But any prospective expenditure - Is claimable as part of general damages. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

DAMAGES - Special damages - Standard of pleading and proof - Required in special damages. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

DAMAGES - Special damages - Strict proof - In the instant case since there was no evidence - Of the preaccident value of the damaged vehicle - The award made by the learned trial judge - Ought to be set aside. Alhaji Otaru & Sons Ltd v. Idris (1999) 4 KLR (pt 81) 847; (1999) 6 NWLR (Pt. 606) 330

 

DAMAGES - Trespass - Findings on trespass - Consequent upon such findings there must be a verdict of perpetual injunction - And an award of damages. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

DAMAGES - Words & Phrase- “Liquidated damages” and “penalty” - Are interchangeable terms. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

DEFAMATION - Action for defamation - No such action will be maintained - Unless the words complained of have more than their ordinary meaning. Esenowo v. Ukpong (1999) 4 KLR (pt 80) 817; (1999) 6 NWLR (Pt. 608) 611

 

DEFAMATION - Cause of action - Letter of termination - Where the words complained of when read together with other paragraphs in the letter - Are not capable of conveying defamatory meaning - There is no cause of action. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

DEFAMATION - Words used - Where they reflect the true situation - No libel can be sustained on them. Esenowo v. Ukpong (1999) 4 KLR (pt 80) 817; (1999) 6 NWLR (Pt. 608) 611

 

DOCUMENTS - Admissibility of evidence - Depends on the purpose for which it is being tendered - The trial Court was wrong - To have rejected the plans sought to be tendered in this case. Agbahomovo v. Eduyegbe (1999) 2 KLR (pt 78) 437; (1999) 3 NWLR (Pt. 594) 170

 

DOCUMENTS - Admissibility - Three main criteria - That govern admissibility of a document. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

DOCUMENTS - Admissible for one purpose - Will not be admissible for another purpose - If specific requirements under the law for that other purpose - Are not satisfied. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

DOCUMENTS - Exhibits - Where execution of Exhibit B is of no consequence to the court action - Alleged illegality and inadmissibility of that exhibit - Is of no use. Ogidi v. Igba (1999) 6 KLR (pt 85) 1761; (1999) 10 NWLR (Pt. 621) 42

 

DOCUMENTS - Foundation for admission - Is to be laid by the party that pleaded that document - Document admitted in contravention of the Act - Will be expunged. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

DOCUMENTS - Instrument - Due execution - Takes place when all acts necessary to render the instrument complete - And give it validity - Have been performed. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

DOCUMENTS - Presumption of genuineness - Of document kept in proper form and produced from proper custody - Is enjoined upon the courts - By ss. 116 & 117 Evidence Act. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

DOCUMENTS - Public document - Admissibility - Conditions for under ss. 111 & 112 Evidence Act - Having been fulfilled - Document in issue was rightly admitted. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

ELECTION PETITION  - Amendment - Time to make an amendment - Where the time had passed - The court was right not to have ordered an amendment of the petition. Egolum v. Obasanjo (1999) 5 KLR (pt 83) 1263; (1999) 7 NWLR (Pt. 611) 355

 

ELECTION PETITION - Decree No. 6 of 1999 Persons entitled to present an election petition - Conflict between a schedule and provisions of s. 50(1) of the Decree - In so far as form TF. 002 is in conflict with the subsection it is invalid. Egolum v. Obasanjo (1999) 5 KLR (pt 83) 1263; (1999) 7 NWLR (Pt. 611) 355

 

ELECTION PETITION - Locus standi - Decree No. 6 of 1999 - Provisions of s. 50(1) - Only a person falling within the provisions - Has the locus standi to present a petition under the decree. Egolum v. Obasanjo (1999) 5 KLR (pt 83) 1263; (1999) 7 NWLR (Pt. 611) 355

 

ELECTION PETITION - Locus Standi - Person who had a right to contest an election - Petitioner claiming to be such a person - Should state how he acquired that right - In order to establish his locus standi. Egolum v. Obasanjo (1999) 5 KLR (pt 83) 1263; (1999) 7 NWLR (Pt. 611) 355

 

ELECTION PETITION - Noncompliance - Power conferred on the Court - By Decree No. 6 of 1999 - Paragraph 50(1) and (4) thereof - By virtue of it the court can overlook such noncompliance. Egolum v. Obasanjo (1999) 5 KLR (pt 83) 1263; (1999) 7 NWLR (Pt. 611) 355

 

ESTOPPEL - Customary law - Arbitration decision - Has the same authority as the judgment of a judicial tribunal - And thus create an estoppel. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

 

ESTOPPEL - Estoppel by standing by - Joinder of parties - Where trial court has found that a party ought to be joined - Failure to join him may give rise to estoppel - In a future action. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

ESTOPPEL - Estoppel per rem judicatam - Doctrine of - Essential ingredients - For its application. Dokubo v. Omoni (1999) 6 KLR (pt 86) 1833; (1999) 8 NWLR (Pt. 616) 647

 

ESTOPPEL - Meaning and nature - Of estoppel. Koiki v. Magnusson (1999) 5 KLR (pt 84) 1457; (1999) 8 NWLR (Pt. 615) 492

 

ESTOPPEL - Plea of - Where it is not proved that the piece of land in dispute in the present suit - Is the same as that in dispute in a previous suit - The plea ought not to have been allowed. Dokubo v. Omoni (1999) 6 KLR (pt 86) 1833; (1999) 8 NWLR (Pt. 616) 647

 

ESTOPPEL - Res judicata - Decree of title to land - Judgment of a provincial court presided over by a Resident who was not a lawyer - The court was not bound to strictly follow the rules of Pleadings. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

ESTOPPEL - Res judicata - Identity of the land - Failure to file the Plan tendered in the previous case - Is not fatal to the present claim - Since both parties have given sufficient Particulars of the land in dispute. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

ESTOPPEL - Res judicata - Plea of - Duties of a court - Before which a judgment is tendered in support of a plea - Of Estoppel per rem judicatam . Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

 

ESTOPPEL - Res judicata - Title to land - Where the title to the land in dispute - Had been declared in favour of the ancestor of the respondents by a previous judgment - It is not necessary for them to prove ownership of the land. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

ESTOPPEL - Standing by - The principle - What it means - And whether it applies in this case. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

 

ESTOPPEL - Trespass - Issue estoppel - In continuing trespass - Successive action can be brought from time to time in respect of its continuance - Issue estoppel does not arise. Adepoju v. Oke (1999) 3 KLR (pt 79) 531; (1999) 3 NWLR (Pt. 594) 154

 

EVIDENCE - Actions - Malicious prosecution - Section 34(1) of the Evidence Act - The exclusionary provisions of that subsection - Have not admitted of any exception in favour of - Actions for malicious prosecution. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

EVIDENCE - Admissibility - Confession - Circumstances when a confession may be inadmissible. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

EVIDENCE - Admissibility - Courts - Admission of evidence under a wrong section of the law - Is not sufficient ground to reverse the judgment. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

EVIDENCE - Admissibility - Earlier proceeding - Evidence given in such a proceeding - Its relevance and admissibility. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

EVIDENCE - Admissibility - Judges Rules - Observance of in the taking of statements - The nonobservance of the rules is not necessary fatal - To the admissibility of the statement. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

EVIDENCE - Admissibility - Land law - Casus belli - Since the area covered by exhibit B was not the casus belli - Alleged illegality and inadmissibility of that exhibit - Is of no use. Ogidi v. Igba (1999) 6 KLR (pt 85) 1761; (1999) 10 NWLR (Pt. 621) 42

 

EVIDENCE - Admissibility of document - By trial judge under wrong section of the law - Will be corrected by appellate court - Unto retaining the evidence so admitted. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

EVIDENCE - Admissibility - Statement of an accused - Where it is challenged by the defence - On the ground that the accused did not make it at all - Such an objection does not go to the admissibility of the statement. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

EVIDENCE - Admissibility - Under s. 90 (1) Evidence Act - The plans in the instant case - Were admissible under that section - When their maker was called as a witness. Agbahomovo v. Eduyegbe (1999) 2 KLR (pt 78) 437; (1999) 3 NWLR (Pt. 594) 170

 

EVIDENCE - Appeal - findings of facts - By trial court - The attitude of appellate court to such findings. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

EVIDENCE - Appeals - Admissibility - Objection to the admissibility of evidence - Which was ruled against by the two lower courts - Will not be sustained at the Supreme Court without an improvement on the arguments. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

 

EVIDENCE - Appeals - Evidence - Evaluation of - Where a trial court unquestionably evaluates the evidence - And there is sufficient evidence on record to support the findings of fact made - The appeal court cannot interfere. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

EVIDENCE - Appeals - Reevaluation of evidence - The Court of Appeal was entitled - To reevaluate the evidence adduced in this case - Where the evidence of the appellants though believed - Was insufficient to prove the root of title - As required by law. Dike v. Okoloedo (1999) 7 KLR (pt 88) 2275; (1999) 10 NWLR (Pt. 623) 359

 

EVIDENCE - Appeals - Reevaluation of evidence - When an appellate court would be justified in doing so. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

 

EVIDENCE - Appeals - Revaluation of evidence - Where trial court’s findings of fact were not declared perverse - Appellate court should not embark on a revaluation of the evidence. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

EVIDENCE - Burden of proof - In a criminal case - Lies on the prosecution - And the standard required is proof beyond reasonable doubt - But not beyond any shadow of doubt. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

EVIDENCE - Burden of proof - In civil cases - Rests upon that party - Who substantially asserts the affirmative before evidence is gone into. Oyovbiare v. Omamurhomu (1999) 7 KLR (pt 87) 2131; (1999) 10 NWLR (Pt. 621) 23

 

EVIDENCE - Circumstantial evidence - Inference of the accused’s guilt from circumstantial evidence - When not to draw such inference. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

 

EVIDENCE - Circumstantial evidence - Proof of death by it - Is accepted - Because in criminal cases the possibility of always proving the offence charged by direct evidence is rare. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

EVIDENCE - Contracts - Breach of contract - Anticipated profit - Must be established by evidence - Burden of proof is on the party who asserts. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

EVIDENCE - Contracts - Breach of contract - Where it is established - Evidence must be adduced on which assessment of damages it to be based. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

EVIDENCE - Contradictions - There is no material contradiction - To warrant interference - With concurrent findings of fact. Okeke v. Agbodike (1999) 12 KLR (pt 91) 2921; (1999) 14 NWLR (Pt. 638) 215

 

EVIDENCE - Courts - Comment - About failure of accused to testify under the provisions of s. 33 (11) of the 1979 Constitution - Trial judge is at liberty to draw any unfavourable inference - Having regard to the evidence. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

EVIDENCE - Courts - Duty of trial court - To make findings on the evidence - Was admirably carried out. Okeke v. Agbodike (1999) 12 KLR (pt 91) 2921; (1999) 14 NWLR (Pt. 638) 215

EVIDENCE - Crime - Standard of proof - Allegation of crime - Which is a fact directly in issue - Proof beyond reasonable doubt is required in law. Koiki v. Magnusson (1999) 5 KLR (pt 84) 1457; (1999) 8 NWLR (Pt. 615) 492

 

EVIDENCE - Criminal trial - Burden of proof - Is upon the prosecution - But the burden may shift to the accused. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

EVIDENCE - Custom - Burden of proof - Is on the party who seeks to rely on it - And who will fail - Where such evidence is not adduced. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

EVIDENCE - Damages - Admissible evidence - On the amount of damages - Which remains uncontroverted - Unless the evidence is palpably incredible - The Court has no reason not to accept it. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

EVIDENCE - Damages - Standard of pleading and proof - Required in special damages. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

EVIDENCE - Document - Customary law arbitrations - Written decisions of the arbitrations - Failure to produce in court - Issues arising from the non-production. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

 

EVIDENCE - Document - Foundation for admission - Is to be laid by the party that pleaded that document - Document admitted in contravention of the Act - Will be expunged. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

EVIDENCE - Documentary evidence - Findings of fact - Where dependent on documentary evidence - Trial judge is to test the reliability of the oral evidence - Against the documentary evidence. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

EVIDENCE - Documents - Admissibility of evidence - Depends on the purpose for which it is being tendered - The trial Court was wrong - To have rejected the plans sought to be tendered in this case. Agbahomovo v. Eduyegbe (1999) 2 KLR (pt 78) 437; (1999) 3 NWLR (Pt. 594) 170

 

EVIDENCE - Documents - Admissibility - Three main criteria - That govern admissibility of a document. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

EVIDENCE - Documents - Admissible for one purpose - Will not be admissible for another purpose - If specific requirements under the law for that other purpose - Are not satisfied. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

EVIDENCE - Documents - Presumption of genuineness - Of document kept in proper form and produced from proper custody - Is enjoined upon the courts - By ss. 116 & 117 Evidence Act. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

EVIDENCE - Documents - Public document - Admissibility - Conditions for under ss. 111 & 112 Evidence Act - Having been fulfilled - Document in issue was rightly admitted. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

EVIDENCE - Earlier proceeding - Evaluation - By the trial judge - Of evidence given in an earlier proceeding - By a witness who did not testify in the instant case - Is erroneous. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

EVIDENCE - Evaluation - Improper evaluation of evidence - How to prove that the evidence was wrongly evaluated. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

EVIDENCE - Evaluation - Inconsistency in evidence - Where a witness is shown to have made previous statements - Inconsistent with the one given at the trial - Such evidence should be regarded as unreliable - And the previous statements do not constitute evidence - Upon which the court can act. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

EVIDENCE - Evaluation of evidence - Contradiction - In the evidence of prosecution witnesses - For it to be fatal - The contradiction must be fundamental to the main issues in question. Effia v. The State (1999) 6 KLR (pt 85) 1749; (1999) 8 NWLR (Pt. 613) 1

 

EVIDENCE - Evaluation of evidence - Contradictions - In the prosecution’s evidence on vital issues - Any doubt as to the guilt of the accused arising from such contradictions - Must be resolved in favour of the accused. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

 

EVIDENCE - Evaluation of evidence - Corroboration in civil cases - Is not required by law - Except in few cases. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

 

EVIDENCE - Evaluation of evidence - Findings of the trial court - The Court of Appeal was wrong to have overturned the findings - In the circumstances of the present case. Dokubo v. Omoni (1999) 6 KLR (pt 86) 1833; (1999) 8 NWLR (Pt. 616) 647

 

EVIDENCE - Evaluation of evidence - Findings - That the four appellants participated in the crime - There can be no reason to interfere with such findings - Since they are fully supported by abundant evidence. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

EVIDENCE - Evaluation of evidence - Statements of accused - Failure of the trial judge to make a finding - On the issue of whether or not the statements were made by the accused - Is erroneous. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

EVIDENCE - Evaluation of evidence - Where a trial court unquestionably evaluates the evidence - And there is abundant evidence on record - On which the learned trial judge acted - The Court of Appeal was right to affirm the findings of fact. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

 

EVIDENCE - Evaluation of evidence - Where the trial court has properly evaluated evidence - It is not the business of the Court of Appeal to substitute its own view - For the views of the trial court. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

EVIDENCE - Evaluation of evidence - Where the trial court has satisfactorily performed its primary function - Of evaluating evidence and correctly ascribing probative value - Attitude of the appellate court to the findings on such evidence. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

EVIDENCE - Evaluation of - Is the duty of trial court and not the appellate court - And that duty was properly carried out by trial judge. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

EVIDENCE - Evaluation of - The type of evidence a court can act on - Is the evidence which was exposed and canvassed in court. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

 

EVIDENCE - Exhibits - Where execution of Exhibit B is of no consequence to the court action - Alleged illegality and inadmissibility of that exhibit - Is of no use. Ogidi v. Igba (1999) 6 KLR (pt 85) 1761; (1999) 10 NWLR (Pt. 621) 42

 

EVIDENCE - Finding - Which is patently perverse - As it is not borne out by the evidence - Must not be allowed to stand. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

EVIDENCE - Findings of fact - By a court of first instance - Which is based on a dispassionate appraisal of the evidence - It is not the function of an Appeal Court to interfere with such findings. Odiba v. Muemue (1999) 6 KLR (pt 86) 1911; (1999) 10 NWLR (Pt. 622) 174

 

EVIDENCE - Findings of fact - Made by a trial court - Which are reasonably supported by the evidence - An appellate court has a duty not to interfere with such findings. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

 

EVIDENCE - Issue of fact - Admission - A person is precluded from resiling from an issue already admitted - But a different consideration applies where the fact so admitted - Is a conclusion of law. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

EVIDENCE - Land law - Burden of proof - Once it is proved that the original ownership of property - Is in a party - The burden of proving that the party - Has been divested of the ownership - Rests on the other party. Oyovbiare v. Omamurhomu (1999) 7 KLR (pt 87) 2131; (1999) 10 NWLR (Pt. 621) 23

 

EVIDENCE - Land law - Evidence - Acts of possession - Inference - Under S. 46 of the Evidence Act - When a court is entitled to draw the inference. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

EVIDENCE - Land law - Survey Plans - Location of the land in dispute - The plans cannot over ride the evidence of the witnesses. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

EVIDENCE - Land law - Traditional evidence - Being inconclusive - Trial judge rightly reverted to acts of possession in recent times - As laid down in Kojo v. Bonsie. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

EVIDENCE - Locus in quo - Where the inspection took place before the parties addressed the court - Appellant’s complaint - That they were deprived of their right to address the court after the inspection - Is not correct. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

 

EVIDENCE - Malicious prosecution - Proof - Where the plaintiff had failed to adduce evidence enough in proof of his case - The trial judge has no responsibility - To inquire on whether the defendant had made out a defence. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

EVIDENCE - Murder - Conviction - Based on circumstantial evidence - The statement made by the accused to the Police - Does not constitute a coexisting circumstance which weakens the inference that the accused killed the deceased. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

EVIDENCE - Murder - Insufficient proof - Where the offence of murder was not proved - The appellant can be convicted of manslaughter - Since the disregard of his legal duty to take care - Resulted in the death of the deceased. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

EVIDENCE - Murder - Trial - Proof - The prosecution must show conclusively - That death was caused by the act of the accused. Idemudia v. The State (1999) 5 KLR (pt 82) 1075; (1999) 7 NWLR (Pt. 610) 202

 

EVIDENCE - Murder - Witnesses - Proof of the identity of the deceased - Desirability of calling the person who identified the corpse as a witness - Is only where the identity of the body examined by the doctor - Is in doubt. Idemudia v. The State (1999) 5 KLR (pt 82) 1075; (1999) 7 NWLR (Pt. 610) 202

 

EVIDENCE - Negligence - Burden of proof - Falls upon the plaintiff who alleges negligence. Alhaji Otaru & Sons Ltd v. Idris (1999) 4 KLR (pt 81) 847; (1999) 6 NWLR (Pt. 606) 330

 

EVIDENCE - Pleadings - Admissibility of evidence - A party may not be allowed to lead evidence outside his Pleadings - But a plaintiff will be entitled to lead evidence - On any point raised in the defendant’s pleading. Dokubo v. Omoni (1999) 6 KLR (pt 86) 1833; (1999) 8 NWLR (Pt. 616) 647

 

EVIDENCE - Pleadings - Amendment - To fall in line with the evidence adduced - The Court has always granted it - Even after the completion of the trial. Shell Pet. Dev. Co. (Nig.) Ltd. v. Ambah (1999) 2 KLR (pt 78) 467; (1999) 3 NWLR (Pt. 593) 1

 

EVIDENCE - Pleadings and admissions - Plaintiffs proved their title - Vide evidence of traditional history - In the light of the pleadings and admissions. Madubuonwu v. Nnalue (1999) 9 KLR (pt 90) 2627; (1999) 11 NWLR (Pt. 628) 673

 

EVIDENCE - Pleadings - Defence - The proper way to dispute an averment of fact - Made in a Statement of claim. Tigris Int. Corp. v. Ege Shipping & Trading Ind. Inco (1999) 12 KLR (pt 92) 3079; (1999) 14 NWLR (Pt. 637) 70

 

EVIDENCE - Pleadings - Documents - Letters of Administration - Need not be specifically pleaded - So long as facts by which such documents are covered - Are pleaded. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

EVIDENCE - Pleadings - Evidence - Which is not in line with the facts pleaded - Goes to no issue. Shell Pet. Dev. Co. (Nig.) Ltd. v. Ambah (1999) 2 KLR (pt 78) 467; (1999) 3 NWLR (Pt. 593) 1

 

EVIDENCE - Pleadings - General traverse - Use of - When it is convenient and permissible - To use general traverse. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

EVIDENCE - Pleadings - Issue - Evidence which is contrary to the issue joined at the trial - Goes to no issue. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

EVIDENCE - Pleadings - Issues - Are joined in the pleadings - Not in the evidence - And evidence which is at variance with the pleadings - Goes to no issue. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

EVIDENCE - Pleadings - Issues - Joining of issues - The judgment of the court - Must be based both on the facts and the law - On issues joined by the parties. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

EVIDENCE - Pleadings - Negligence - Evidence not led to support the pleading - Goes to no issue. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

EVIDENCE - Pleadings - Severance - Principle of - Where the allegation of crime cannot be severed from the body of the pleadings - The principle of severance is not applicable. Koiki v. Magnusson (1999) 5 KLR (pt 84) 1457; (1999) 8 NWLR (Pt. 615) 492

 

EVIDENCE - Pleadings - Statement of defence - General traverse - Is not an effective denial - Of essential or material allegations. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

EVIDENCE - Presumption of regularity - Under s. 150(1) of the Evidence Act - Is fully applicable in the present case - Where the arraignment was carried out in a manner - Which was substantially regular. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

EVIDENCE - Proof - Claim - Burden is on plaintiffs to prove their case - And that burden was not discharged - Plaintiffs are not to rely on weakness of the defence. Okeke v. Agbodike (1999) 12 KLR (pt 91) 2921; (1999) 14 NWLR (Pt. 638) 215

 

EVIDENCE - Proof - Custom - Burden of proof - Is on the party who seeks to rely on it - And who will fail - Where such evidence is not adduced. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

EVIDENCE - Proof - Land law - Burden on plaintiff - To establish his claim upon relevant and credible evidence - Was not discharged by the appellant. Jiaza v. Bamgbose (1999) 5 KLR (pt 83) 1211; (1999) 7 NWLR (Pt. 610) 182

 

EVIDENCE - Proof - Loan - Lending agreement - Occurrence of events stated in the mortgage agreement - Makes the whole loan granted to respondent become payable - Amount due need not be proved in this case. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

EVIDENCE - Proof - Of the particulars of negligence - Failure to adduce evidence - Is fatal to the appellant’s case. Alhaji Otaru & Sons Ltd v. Idris (1999) 4 KLR (pt 81) 847; (1999) 6 NWLR (Pt. 606) 330

 

EVIDENCE - Proof - Order to be made where plaintiffs fail to prove their case - Is to dismiss it - There is no jurisdiction to refer it to the Boundary Settlement Commission. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

EVIDENCE - Proof - Special damages have to be strictly proved - The trial judge is not entitled to embark upon his own assessment - Using conceived parameter in place of evidence. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

EVIDENCE - Proof - Special damages - Pleadings and evidence led in proof - Where not controverted by cross examination - Court is to accept and act on the evidence. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

EVIDENCE - Proof - Special damages - Proof of exclusive ownership of goods damaged - As required in Sommer’s case - Is not necessary in this case. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

EVIDENCE - Proof - Survey plan - Where the plaintiff filed a survey plan which was admitted in evidence - And the defendants did not file a counter plan - They cannot contend that the plaintiff did not prove the boundaries of the land in dispute. Adepoju v. Oke (1999) 3 KLR (pt 79) 531; (1999) 3 NWLR (Pt. 594) 154

 

EVIDENCE - Proof - The rule that a plaintiff must succeed on the strength of his own case - And not on the weakness of the defendant’s case - When it does not apply. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

EVIDENCE - Proof - Title - Identify of the land in dispute - Sufficient evidence must be produced to ascertain the definite and precise boundaries of the land - In order to be entitled to a grant. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

EVIDENCE - Proof - Trespass - Alleged against the appellants - Where not proved from the evidence - Appellants cannot be found liable. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

EVIDENCE - Proof - Where the plaintiff had failed to adduce evidence enough in proof of his case - The trial judge has no responsibility - To inquire on whether the defendant had made out a defence. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

EVIDENCE - Relevance of facts - Is determined by the surrounding circumstances. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

EVIDENCE - Relevant and credible evidence - Burden on plaintiff - To establish his claim upon relevant and credible evidence - Was not discharged by the appellant. Jiaza v. Bamgbose (1999) 5 KLR (pt 83) 1211; (1999) 7 NWLR (Pt. 610) 182

 

EVIDENCE - Right to opt not to testify under s. 33 (11) of the 1979 Constitution - It may not be desirable to exercise this right where in a trial - The prosecution had established a strong case against the accused. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

EVIDENCE - Special damages - Proof - Is to be based on balance of probabilities - Subject to pleadings and circumstances of each case. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

EVIDENCE - Submission of counsel - Cannot be a substitute - For the evidence required on an issue in a case. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

 

EVIDENCE - Tainted witness - Evidence of witnesses whose evidence may be tainted - How treated by the court. Effia v. The State (1999) 6 KLR (pt 85) 1749; (1999) 8 NWLR (Pt. 613) 1

 

EVIDENCE - Title - Claim for declaration of title to land - Proof - A plaintiff has the burden of proving his case - On his own evidence - But can take advantage of and rely upon evidence by the defence- Which supports his case. Dike v. Okoloedo (1999) 7 KLR (pt 88) 2275; (1999) 10 NWLR (Pt. 623) 359

EVIDENCE - Title - Declaration of title - Traditional evidence - Once it is found to be conclusive and cogent - There would be no need whatsoever to require further proof. Dike v. Okoloedo (1999) 7 KLR (pt 88) 2275; (1999) 10 NWLR (Pt. 623) 359

 

EVIDENCE - Title - Evaluation of evidence of witnesses and exhibits - Was meticulously done by the trial court - And confirmed by the Court of Appeal - In finding for the plaintiffs. Madubuonwu v. Nnalue (1999) 9 KLR (pt 90) 2627; (1999) 11 NWLR (Pt. 628) 673

 

EVIDENCE - Title - Pleadings and evidence - Where they tallied with all that was contained in the Survey Plan - The identity of the land over which declaration of title is sought - Has been proved. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

EVIDENCE - Title - Proof - Where plaintiffs failed to prove their root of title satisfactorily - Defendants who have not counter claimed - Need not answer the claim upon such defective evidence. Dike v. Okoloedo (1999) 7 KLR (pt 88) 2275; (1999) 10 NWLR (Pt. 623) 359

 

EVIDENCE - Title to land - Proof of - Findings by the trial Court - That title has been declared in favour of the plaintiffs in earlier proceedings - The Court of Appeal was wrong to have interfered with such findings. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

EVIDENCE - Traditional history - Time immemorial - It is not enough for the appellants in the instant case - To testify only that they own the land from time immemorial - They must go ahead to show from whom the land started - And finally devolved to them. Dike v. Okoloedo (1999) 7 KLR (pt 88) 2275; (1999) 10 NWLR (Pt. 623) 359

 

EVIDENCE - Unchallenged evidence - Evaluation of Evidence - Unchallenged evidence which is not by itself incredible - Is qualified to be accepted - And acted upon by the trial court. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

 

EVIDENCE - Witness - Credibility - Failure to mention the name of a suspect to the police at the earliest opportunity - Would only detract from the credibility of the evidence of the witness - If he is shown to have known the suspect by name at the time of the incident. Udeh v. The State (1999) 5 KLR (pt 83) 1235; (1999) 7 NWLR (Pt. 609) 1

 

EVIDENCE - Witnesses - Contradictions - In the evidence of prosecution witnesses on a material fact - Attitude of the court to such contradictions. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

 

EVIDENCE - Witnesses - Contradictions - In the evidence of witnesses called by the same party - How the courts treat such contradictions. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

EVIDENCE - Wrongful admission of - Does not ground reversal in all cases - Duty of showing substantial miscarriage of justice - Is on the appellant. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

FAIR HEARING - Appeals - Fair hearing - Order made suo motu - A Court has no power to make an order - Which has not been asked for - And which the person against whom it is made - Had no opportunity of resisting. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

FAIR HEARING - Denial - Of fair hearing - What amounts to such a denial. Agbahomovo v. Eduyegbe (1999) 2 KLR (pt 78) 437; (1999) 3 NWLR (Pt. 594) 170

 

FAIR HEARING - Denial - Of fair hearing - Where the courts carefully considered all the questions raised by the appellant - He was not denied fair hearing. Amokeodo v. IGP (1999) 5 KLR (pt 82) 1105; (1999) 6 NWLR (Pt. 607) 467

 

FAIR HEARING - Real likelihood of bias - University of Ilorin Act s. 15(1) - What is required under it - Was complied with in the instant case - And there was no real likelihood of bias. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

FAIR HEARING - Right to fair hearing - It is a right to be heard - At every material stage of the proceedings. Agbahomovo v. Eduyegbe (1999) 2 KLR (pt 78) 437; (1999) 3 NWLR (Pt. 594) 170

 

FAIR HEARING - Standard of fair hearing - Requires the observance of the twin pillars of the rules of natural justice - Consequences of failure to so observe. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

FAIR HEARING - Statutory appointments - Termination - Of such appointments - Requirement of fair hearing - Under s. 15 (i) of the University of Ilorin Act - Give the exercise of such disciplinary powers statutory flavour. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

FAMILY LAW - Jurisdiction - The issue of family status - In deciding whether the issue ousts the jurisdiction of the High Court in a case - That issue must be fundamental and not incidental. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

 

FAMILY LAW - Succession - Seniority in family line - Claimed by the plaintiffs - Was not proved by them. Okeke v. Agbodike (1999) 12 KLR (pt 91) 2921; (1999) 14 NWLR (Pt. 638) 215

 

FORFEITURE - Statutes - Interpretation - Bendel State Edict No. 7 of 1978 - The Edict imposed forfeiture on the respondents - As envisaged by S. 2(1) of Decree No. 18 of 1977. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

FORFEITURE - Words & Phrases - “Forfeiture” - The Ordinary meaning of the word. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

FUNDAMENTAL RIGHTS - Criminal procedure - Fair trial - Usual procedure for the apprehension, charge and prosecution of the offender - Must be followed - To ensure that an accused receives a fair trial - as guaranteed by the constitution. Omoijahe v. Umoru (1999) 5 KLR (pt 83) 1339; (1999) 8 NWLR (Pt. 614) 178

 

FUNDAMENTAL RIGHTS - Enforcement Procedure - Where an application is made by motion on notice - There cannot be any pleadings. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

FUNDAMENTAL RIGHTS - Freedom of Movement - Impounding of the Respondent’s Passport - By the official of the SSS - Was unconstitutional and illegal. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

FUNDAMENTAL RIGHTS - Freedom of Movement - Under S. 38 (1) of the 1979 Constitution - Withdrawal of Passport - The Minister of Internal Affairs has the power to cancel or withdraw a Passport. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

IMMIGRATION - Passport - Duties of the SSS - National Security Agencies Act - Provisions of S. 2 (3) (4) - Does not empower the officials of the SSS - To seize or withdraw a citizen’s passport. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

IMMIGRATION - Passport - Freedom of Movement - Impounding of the Respondent’s Passport - By the official of the SSS - Was unconstitutional and illegal. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

IMMIGRATION - Passport - It was Possible for the Minister of Internal Affairs - To delegate his powers to cancel or withdraw a Passport - But such powers were not exercised in the present case. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

INJUNCTIONS - Appeals - Right of appeal where an injunction is granted or refused - Avails the defendants in this case. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

 

INJUNCTIONS - Balance of convenience in this case - Was not on the plaintiffs’ side. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

 

INJUNCTIONS - Consequential orders - Order of injunction - Granted Suo motu by the court in favour of the respondents - Is proper - Since title to the land in dispute has been declared in their favour. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

INJUNCTIONS - Declaration of title - And an order for injunction - Could not be granted once it was held that both parties were in possession of the land in dispute - Unless the respondents in the present case can prove a better title. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

INJUNCTIONS - Declaration of title - And an order of injunction - Made in favour of the respondents - Where from the evidence the land in dispute belong to both Parties - Is erroneous. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

INJUNCTIONS - Ex parte injunctions - Are for cases of real emergency or urgency - Balance of convenience in this case - Was not on the plaintiffs’ side. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

 

INJUNCTIONS - Interim order of injunction - Having expired or lapsed - There was nothing to refuse or sustain after that date. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

 

INJUNCTIONS - Interlocutory injunction - Application for it - Damages of N100.00 ordered by trial court - If plaintiffs’ application proves to be frivolous - Cannot be called an undertaking to pay damages. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

 

INJUNCTIONS - Judgments - Injunction - Unspecified land - An injunction cannot be granted in respect of unspecified land. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

INJUNCTIONS - Land law - Claim for injunction - Is not necessarily bound to fail - After a claim for a declaration of title fails. Ajero v. Ugorji (1999) 7 KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1

 

INJUNCTIONS - Land law - Trespass and injunction - Where from the pleadings the issue of title to the land in dispute was involved - For plaintiffs to succeed - They had the burden to show a better title to the land. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

INJUNCTIONS - Title - Having been established in the plaintiff’s favour - His claim for damages for trespass and injunction will succeed. Adebo v. Saki Estates Ltd (1999) 5 KLR (pt 83) 1197; (1999) 7 NWLR (Pt. 612) 525

 

INJUNCTIONS - Trespass - Findings on trespass - Consequent upon such findings there must be a verdict of perpetual injunction - And an award of damages. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

INTERNATIONAL LAW - Foreign currency - Award - When courts in Nigeria can make award in foreign currency - And the conversion rate of the foreign currency - For the purposes of the enforcement of the judgment. Saeby Jernstoberi Maskinfabric. A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

INTERPRETATION OF STATUTES - Appeals - Withdrawal - Notice of withdrawal - Made Pursuit to order 3 Rule 18 (2) - Of the Court of Appeal Rules, 1981 (as amended) - Where one of the parties did not subscribe his signature to the notice - The ingredients of that sub-rule have not been satisfied. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

INTERPRETATION OF STATUTES - Court of Appeal Rules - Provisions of Rule 18 - Effect of withdrawal of an appeal - Under the provisions - Is that the appeal shall be deemed to have been dismissed. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

INTERPRETATION OF STATUTES - Decree No. 3 of 1999 - Provisions of Sections 37 (1) and 45 (1) - By those provisions the intention of the law makers - Is that after the election to the offices of Governor and Deputy Governor - If the Governor elect is not available - The Deputy Governor elect should take over from him - By replacing him. P.D.P. v. INEC (1999) 7 KLR (pt 89) 2487; (1999) 11 NWLR (Pt. 626) 200

 

INTERPRETATION OF STATUTES - Decree No. 3 of 1999 - Provisions of sections 37 (1) and 40 - By those provisions - The office of Deputy Governor elect is independent of the office of Governor elect - Where the Governor elect abandons his mandate - The right of the Deputy Governor elect is not extinguished - He is to be sworn in as Governor. P.D.P. v. INEC (1999) 7 KLR (pt 89) 2487; (1999) 11 NWLR (Pt. 626) 200

 

INTERPRETATION OF STATUTES - Decree No. 6 of 1999 - Persons entitled to present an election petition - Conflict between a schedule and provisions of s. 50(1) of the Decree - In so far as form TF. 002 is in conflict with the subsection it is invalid. Egolum v. Obasanjo (1999) 5 KLR (pt 83) 1263; (1999) 7 NWLR (Pt. 611) 355

 

INTERPRETATION OF STATUTES - Forfeiture - Bendel State Edict No. 7 of 1978 - The Edict imposed forfeiture on the respondents - As envisaged by S. 2(1) of Decree No. 18 of 1977. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

INTERPRETATION OF STATUTES - Interpretation - The word “May” - In provisions of statutes - How properly construed. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

INTERPRETATION OF STATUTES - Land Instrument Registration Law - Sections 18(1) -(5) and 31(2) - The effect of a combined reading of the sections - Is that once an instrument has been registered in accordance with section 18(1) -(4) - A certified copy of it shall be received in evidence without further proof. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

INTERPRETATION OF STATUTES - Land Instrument Registration Law - The effect of section 32(2). Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

INTERPRETATION OF STATUTES - Land Titles Registration Law - The Provisions of section 5 - Reliance on it - After due compliance with sections 18(1) - (5) and 31(2) of the Land Instruments Registration Law - In order to establish due execution of a registered conveyance - Is uncalled for. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

INTERPRETATION OF STATUTES - Noncompliance - Power conferred on the Court - By Decree No. 6 of 1999 - Paragraph 50(1) and (4) thereof - By virtue of it the court can overlook such noncompliance. Egolum v. Obasanjo (1999) 5 KLR (pt 83) 1263; (1999) 7 NWLR (Pt. 611) 355

 

INTERPRETATION OF STATUTES - Pensions Act - The Provisions of S. 21 (1) - Are mandatory - An officer wishing to retire from the Public Service - Must either give three months notice or Pay three months salary in lieu. Amokeodo v. IGP (1999) 5 KLR (pt 82) 1105; (1999) 6 NWLR (Pt. 607) 467

 

INTERPRETATION OF STATUTES - Principle of - Where in their ordinary meaning - The provisions are clear and unambiguous - Effect should be given to them as such. City Eng. (Nig.) Ltd v. N.A.A (1999) 6 KLR (pt 86) 1975; (1999) 11 NWLR (Pt. 625) 76

 

INTERPRETATION OF STATUTES - Public Officers (Special Provisions) Act - Public Officer - Under S. 4 of the Act - The appellant was a public officer at the time of his dismissal. Amokeodo v. IGP (1999) 5 KLR (pt 82) 1105; (1999) 6 NWLR (Pt. 607) 467

 

INTERPRETATION OF STATUTES - Rivers State Lands (Cancellation of Leases) Edicts Nos. 15 and 17 of 1972 - Rights acquired under it - Before the decision in Peenok’s case was given are valid - Where they are not specifically challenged - And declared invalid by a court of competent jurisdiction. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

INTERPRETATION OF STATUTES - Suspension - Of a University staff - University of Ilorin Act - Provisions of section 15 (4) thereof - Requirement that the council reach a final decision within six months - As a decision was reached within that time frame in the instant case - It was not ultra vires the Act. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

INTERPRETATION OF STATUTES - The word “may” - In section 22 (5) of the Chiefs Law - Should be construed as imperative - Since the aggrieved has no choice of action in the remedy provided for him. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

INTERPRETATION OF STATUTES - The word “pronounced” - Under s. 258 (2) of the 1979 Constitution - The judicial interpretation of the word. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

INTERPRETATION OF STATUTES - The word ‘’die’’ - In section 37 (1) of Decree No. 3 of 1999 - It’s meaning and purport. P.D.P. v. INEC (1999) 7 KLR (pt 89) 2487; (1999) 11 NWLR (Pt. 626) 200

INTERPRETATION OF STATUTES - Constitution - Interpretative jurisdiction of the court - Principles guiding the exercise of such jurisdiction - As it applies to the construction of the Constitution. P.D.P. v. INEC (1999) 7 KLR (pt 89) 2487; (1999) 11 NWLR (Pt. 626) 200

 

INTERPRETATION OF STATUTES - Validity - Of the Rivers State Edicts Nos. 15 and 17 of 1972 - The Edicts are unconstitutional, null and void and of no effect - And all actions taken in the present case pursuant to it - Are similarly null and void. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

JOINDER OF PARTIES - Actions - Estoppel by standing by - Where trial court has found that a party ought to be joined - Failure to join him may give rise to estoppel - In a future action. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

JOINDER OF PARTIES - Appeals - Discretion of trial Court to so order - Where not perverse - Should not be overturned by appellate court. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

JOINDER OF PARTIES - Necessary parties - Okwe Uwani people are necessary parties in this case - Court of Appeal is wrong in holding otherwise. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

JUDGMENTS - Appeal - Error - The court Appeal was wrong in raising and considering - The question of standing by in this case - but the error did not affect the correctness of its conclusion. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

 

JUDGMENTS - Appeal - Concurrent findings of fact - When the Supreme Court will not interfere with such findings. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

JUDGMENTS - Appeal - Findings of facts - By trial court - The attitude of appellate court to such findings. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

 

JUDGMENTS - Appeal - Issue - That did not arise under the grounds of appeal - Cannot be raised by the court - And where the court merely raised such issue in the instant case - But did not consider it - It has not occasioned a miscarriage of justice. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

JUDGMENTS - Appeal - Native Courts Proceedings - Where a trial court failed to advert to the principle - That Native Courts are not bound by the technical rules of procedure - Which govern trials in the Courts of Record - The Court of Appeal was right to have interfered - With the judgment of the trial Court. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

 

JUDGMENTS - Appeal - Opinion of an absent justice - Read as against being pronounced after he had ceased to be a member of such relevant court - Such an opinion would be given without jurisdiction - But the situation in the present case is different. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

JUDGMENTS - Appeal - Perverse decision - An appellate Court is under a duty to interfere - And reverse the decision of a trial court - Which is perverse. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

 

JUDGMENTS - Appeals - A judgment subsists until set aside on appeal against it - It cannot be set aside in an appeal against another judgment - Order 3 rule 22 Court of Appeal Rules is an exception. F.M.B. v. NDIC (1999) 2 KLR (pt 77) 331; (1999) 2 NWLR (Pt. 591) 333

 

JUDGMENTS - Appeals - Court of Appeal Act 1976 - Pursuant to section 11 thereof - It is not necessary for all the three justices - Who heard an appeal at the Court of Appeal - To be present together in court on the day of the delivery of judgment - The opinion of any one of them who is absent - May be read by any other justice of that Court. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

JUDGMENTS - Appeals - Evidence - Improper evaluation of evidence - How to prove that the evidence was wrongly evaluated. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

JUDGMENTS - Appeals - Fair hearing - Order made suo motu - A Court has no power to make an order - Which has not been asked for - And which the person against whom it is made - Had no opportunity of resisting. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

JUDGMENTS - Appeals - Issues - Properly raised and heard by the Court of Appeal - Failure to discharge the duty of determining such issues - May vitiate the judgment - But in the instant case failure to consider such issues - Was not fatal to the decision of the Court of Appeal. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

JUDGMENTS - Appeals - Opinion of absent justice of the Court of appeal - Section 258(2) of the 1979 Constitution - Contrasted with Section 11 of the Court of Appeal Act, 1976. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

JUDGMENTS - Appeals - Powers - Argument that the Court erroneously interfered - With the judgment of the trial court - For such argument to succeed - It must be shown that the court exceeded the powers given to it - Under S. 16 of the Court of Appeal Act, 1976. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

 

JUDGMENTS - Appeals - Procedural slip - Where the trial judge erroneously examined - The evidence of a witness given in an earlier proceeding - And the evidence was harmless - This procedural slip cannot alone vitiate the proceeding. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

JUDGMENTS - Appeals - Reversal - Slip - It is not every slip committed by a court - That leads to the reversal of the judgment of that court - It must be demonstrated that the slip - Substantially affected the outcome of the decision. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

JUDGMENTS - Arbitration - Final decision - Applications relating to Arbitration proceedings - Where the trial judge held that the applications failed and struck them out - And the parties had no other rights anywhere to claim regarding the arbitration - The decision must be treated as final. Ebokam v. Ekwenibe & Sons Trading Co. Ltd (1999) 7 KLR (pt 87) 2153; (1999) 10 NWLR (Pt. 622) 242

 

JUDGMENTS - Award of Damages - Which was not pleaded or established - Is erroneous. Alhaji Otaru & Sons Ltd v. Idris (1999) 4 KLR (pt 81) 847; (1999) 6 NWLR (Pt. 606) 330

 

JUDGMENTS - Award of title - To the plaintiffs in respect of the land in dispute - Before considering the defence of the defendants - Is a sheer parody of justice. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

JUDGMENTS - Concurrent findings of fact - As to the location of the land that was granted - Having sufficient evidence to support them - The findings will not be disturbed by the Supreme Court. Kulobo v. Ikuomola (1999) 9 KLR (pt 90) 2681; (1999) 12 NWLR (Pt. 629) 146

 

JUDGMENTS - Concurrent findings of fact - Attitude of the Supreme Court - To it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

JUDGMENTS - Concurrent findings of fact - Interference with such findings - When the Supreme Court will so interfere. Enabulele v. Agbonlahor (1999) 3 KLR (pt 79) 649; (1999) 4 NWLR (Pt. 598) 166

 

JUDGMENTS - Concurrent findings - of fact - Supported by sufficient evidence - Circumstances that will warrant the Supreme Court to interfere with such findings. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

 

JUDGMENTS - Consequential Orders to make - Where the trial was declared a nullity - In the circumstances of the present case - The interest of justice demands that no order of retrial should be made. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

 

JUDGMENTS - Conviction - Based on confessional statements - Where the trial judge failed to make a specific finding - As to whether or not the confessions were actually made by the accused - Is a gross misdirection. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

JUDGMENTS - Court of Appeal - Powers - It has full powers and jurisdiction - To amend any judgment of the trial High Court - On appeal before it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

JUDGMENTS - Decision - Of a court of first instance - Tests for determining whether it is interlocutory or final - The nature of the order test in Bozson’s case - Has been approved and applied. Ebokam v. Ekwenibe & Sons Trading Co. Ltd (1999) 7 KLR (pt 87) 2153; (1999) 10 NWLR (Pt. 622) 242

 

JUDGMENTS - Declaration of title - And an order for injunction - Could not be granted once it was held that both parties were in possession of the land in dispute - Unless the respondents in the present case can prove a better title. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

JUDGMENTS - Declaration of title - And an order of injunction - Made in favour of the respondents - Where from the evidence the land in dispute belong to both Parties - Is erroneous. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

JUDGMENTS - Declaration of title - Identity of land - The learned trial judge is in error - To tie the declaration of title made to two plans in different suits - But this error is a mere slip that can be corrected by the appellate court. Akpan v. Umoh (1999) 7 KLR (pt 88) 2319; (1999) 11 NWLR (Pt. 627) 349

 

JUDGMENTS - Declaratory relief - The principle in Wellersteiner’s case - The application of the principle - Is limited to cases initiated by a writ of summons. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

JUDGMENTS - Delay - Miscarriage of justice - Delay per se does not lead to a judgment being vitiated - Unless the delay occasioned a miscarriage of justice. Akpan v. Umoh (1999) 7 KLR (pt 88) 2319; (1999) 11 NWLR (Pt. 627) 349

 

JUDGMENTS - Dismissal - Counterclaim - Where the evidence adduced on the counter claim was in conflict with the pleadings - It was rightly dismissed. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

JUDGMENTS - Error - Inspection of locus in quo - Error committed by the trial judge - In referring in his judgment to certain facts - Observed by him in the inspection - Of which there was no evidence on record - Circumstance when it would not vitiate the decision. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

 

JUDGMENTS - Evaluation of evidence - Findings - That the four appellants participated in the crime - There can be no reason to interfere with such findings - Since they are fully supported by abundant evidence. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

JUDGMENTS - Evaluation of evidence - Where the trial court has properly evaluated evidence - It is not the business of the Court of Appeal to substitute its own view - For the views of the trial court. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

JUDGMENTS - Evidence - Acts of possession - Inference - Under S. 46 of the Evidence Act - When a court is entitled to draw the inference. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

JUDGMENTS - Evidence - Findings of fact - Made by a trial court - Which are reasonably supported by the evidence - An appellate court has a duty not to interfere with such findings. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

 

JUDGMENTS - Evidence - Where the trial court has satisfactorily performed its primary function - Of evaluating evidence and correctly ascribing probative value - Attitude of the appellate court to the findings on such evidence. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

JUDGMENTS - Findings of fact - Where dependent on documentary evidence - Trial judge is to test the reliability of the oral evidence - Against the documentary evidence. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

JUDGMENTS - Finding - Which is patently perverse - As it is not borne out by the evidence - Must not be allowed to stand. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

JUDGMENTS - Foreign currency - Award - When courts in Nigeria can make award in foreign currency - And the conversion rate of the foreign currency - For the purposes of the enforcement of the judgment. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

JUDGMENTS - Injunction - Consequential orders - Order of injunction - Granted suo motu by the court in favour of the respondents - Is proper - Since title to the land in dispute has been declared in their favour. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

JUDGMENTS - Injunction - Unspecified land - An injunction cannot be granted in respect of unspecified land. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

JUDGMENTS - Interest on judgment debt and contractual interest distinguished - Contractual interest accrues from due date until date of judgment. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

JUDGMENTS - Interest on judgment debt - From when calculated - Is after adjudication not from accrual of cause of action. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

JUDGMENTS - Interlocutory decision - Or final decision - How to determine - Whether a decision is final or interlocutory. Ebokam v. Ekwenibe & Sons Trading Co. Ltd (1999) 7 KLR (pt 87) 2153; (1999) 10 NWLR (Pt. 622) 242

 

JUDGMENTS - Issues - Newly raised by the court - And which do not arise from the parties’ pleadings - Any decision based on such issues - Will not be allowed to stand. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

JUDGMENTS - Miscarriage of justice - Misdirection - That would justify a holding that a miscarriage of justice had occurred - What constitutes such a misdirection - And who has the burden of proving it. Oyinloye v. Esinkin (1999) 6 KLR (pt 86) 1955; (1999) 10 NWLR (Pt. 624) 540

 

JUDGMENTS - Miscarriage of justice - Where the judgment of the Court of Appeal - Is not supported by the record of the trial court - And there was failure to consider some grounds of appeal - It resulted in a miscarriage of justice. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

JUDGMENTS - Misdirection - By the trial judge - In referring to the doctrine of res ipsa loquitur - Has not occasioned any miscarriage of justice. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

JUDGMENTS - Nullity - Legal consequences - Of an act which is a nullity. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

JUDGMENTS - Nullity of a trial - Order of retrial - Power of the appellate court to order a retrial - Principles guiding it. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

 

JUDGMENTS - Nullity - Setting aside - How to set aside a judgment that is a nullity. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

JUDGMENTS - Obiter dictum - Opinion of the trial court - On an issue not pleaded - Is Obiter dictum - And where it does not occasion any miscarriage of justice - The judgment stands. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

JUDGMENTS - Order - Dismissal - Relief for damages in trespass - Which was abandoned on appeal - The proper order to make is that of dismissal - Since it was dismissed by the lower court. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

JUDGMENTS - Order - Of court of competent jurisdiction - Invalidity of - Cannot be presumed - Without a pronouncement to that effect by a court of competent jurisdiction. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

JUDGMENTS - Order - Setting aside order of a court that is invalid - How done. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

JUDGMENTS - Order - To be made where plaintiffs fail to prove their case - Is to dismiss it - There is no jurisdiction to refer it to the Boundary Settlement Commission. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

JUDGMENTS - Orders - Non suit - Striking out - Where the learned trial judge struck out the two applications before him as having failed - And neither party succeeded in his application - It has the same effect - As in an order of nonsuit. Ebokam v. Ekwenibe & Sons Trading Co. Ltd (1999) 7 KLR (pt 87) 2153; (1999) 10 NWLR (Pt. 622) 242

 

JUDGMENTS - Out of court settlement - Previous unexecuted judgments - Shall be deemed compromised - As a result of a subsequent out of court settlement. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

JUDGMENTS - Pleadings - Issues - Joining of issues - The judgment of the court - Must be based both on the facts and the law - On issues joined by the parties. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

JUDGMENTS - Pleadings - Mistake by the trial court - Of referring to the original pleadings in the face of the amended pleadings before the court - Is erroneous - But did not occasion miscarriage of justice in the present case. Oyinloye v. Esinkin (1999) 6 KLR (pt 86) 1955; (1999) 10 NWLR (Pt. 624) 540

 

JUDGMENTS - Prescribed period - For delivery of judgments - Under section 258 of the 1979 Constitution - It is not sufficient to establish a contravention of Constitutional provision - It must be established that miscarriage of justice has been occasioned. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

 

JUDGMENTS - Prescribed period - Miscarriage of justice - That is relevant in regard to section 258 (4) of the 1979 Constitution - Is miscarriage of justice suffered by the party complaining - By reason of contravention of that section. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

 

JUDGMENTS - Retrial order - Finding of fact - Made by a trial court - Which was supported by evidence - The Court of Appeal was in error to have disturbed such finding - And ordered a retrial. Oyovbiare v. Omamurhomu (1999) 7 KLR (pt 87) 2131; (1999) 10 NWLR (Pt. 621) 23

 

JUDGMENTS - Retrial - Order of - When it is not appropriate to make the order. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

JUDGMENTS - Reversal - Evidence - Admission of evidence under a wrong section of the law - Is not sufficient ground to reverse the judgment. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

JUDGMENTS - Setting aside - Judgment which is a nullity - The courts jurisdiction to set aside its own judgment which is a nullity - Can be exercised suo motu. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

JUDGMENTS - Special damages - Strict proof - In the instant case since there was no evidence - Of the preaccident value of the damaged vehicle - The award made by the learned trial judge - Ought to be set aside. Alhaji Otaru & Sons Ltd v. Idris (1999) 4 KLR (pt 81) 847; (1999) 6 NWLR (Pt. 606) 330

 

JUDGMENTS - Stay of execution - Appeal - An appeal will not operate as an automatic stay of execution - But the court should always consider - Whether such judgments if enforced - Will not render nugatory the result obtained on appeal. Dan-Jumbo v. Dan-Jumbo (1999) 7 KLR (pt 88) 2341; (1999) 11 NWLR (Pt. 627) 445

 

JUDGMENTS - Supreme Court decisions - In Shodeinde and Kigo cases - Have no bearing with the present appeal - As the issues before the court are different. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

JUDGMENTS - Title to land - Proof of - Findings by the trial Court - That title has been declared in favour of the plaintiffs in earlier proceedings - The Court of Appeal was wrong to have interfered with such findings. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

JUDGMENTS - Trespass - Findings on trespass - By the trial court - Which is supported by the pleadings and evidence - Ought not to have been disturbed by the Court of Appeal. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

JUDGMENTS - Trespass - Findings on trespass - Consequent upon such findings there must be a verdict of perpetual injunction - And an award of damages. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

JUDGMENTS - Trial - Nullity of - Circumstances under which a trial may be a nullity - The Present case falls under the circumstances. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

 

JUDICIAL PRECEDENTS - Judgments - Declaratory relief - The principle in Wellersteiner’s case - The application of the principle - Is limited to cases initiated by a writ of summons. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

JUDICIAL PRECEDENTS - Lakanmi case - The decision in that case - And the reaction of the Federal Military Government to it - Are of peculiar circumstances - Distinguishable from the present case. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

JUDICIAL PRECEDENTS - Land law - Declaration of title - Based on joint ownership of land - Application of the principle in Ekpo v. Ita - The trial judge was right in adopting the principle - Having regard to the circumstances of the case. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

 

JUDICIAL PRECEDENTS - Previous decisions - Departure from - The Supreme Court will only take that course - When it is invited to do So - By the Procedure Provides for in Ord. 6 r. 5(4) of the Supreme Court Rules 1985 (as amended). Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

JUDICIAL PRECEDENTS - Ratio decidendi - Of Skenconsult case - As regard s. 99 of the Sheriffs and Civil Process Act - An objection as to noncompliance with the provision - Must be taken before trial. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

JUDICIAL PRECEDENTS - Supreme Court decisions - In Shodeinde and Kijo cases - Have no bearing with the present appeal - As the issues before the court are different. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

JURISDICTION - Actions - Dismissal in limine - Application to dismiss an action in limine at the Federal High Court - Which did not challenge the jurisdiction of the court - Such an application is in the nature of a demurrer. Tigris Int. Corp. v. Ege Shipping & Trading Ind. Inco. (1999) 12 KLR (pt 92) 3079; (1999) 14 NWLR (Pt. 637) 70

 

JURISDICTION - Appeal - Issue of jurisdiction - Raised as a new issue at the Supreme Court - Although question of jurisdiction can be raised at any time in the proceedings - The proper procedure must be followed. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

 

JURISDICTION - Appeals - Court of Appeal - Powers - It has full powers and jurisdiction - To amend any judgment of the trial High Court - On appeal before it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

JURISDICTION - Appeals - Interlocutory Orders of the Court of Appeal - If made without jurisdiction - Appellant can move that court to set them aside - Refusal might then ground right of appeal to the Supreme Court. Ecoconsult Ltd. v. Pancho Villa Ltd. (1999) 1 KLR (pt 76) 179; (1999) 1 NWLR (Pt. 588) 507

 

JURISDICTION - Appeals - Leave - To Appeal on a ground of fact or mixed law and fact - Where not sought and obtained - The Supreme Court lacked jurisdiction to entertain the appeal. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

 

JURISDICTION - Appeals - Nullity of an order - The Court of Appeal lacked jurisdiction to sit on appeal - And pronounce on the nullity of an order - When such an issue was not raised by way of an appeal before it. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

JURISDICTION - Concurrent jurisdiction - Exercise of - The inequities of the exercise of concurrent jurisdiction - Between an inferior tribunal and the High Court. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

JURISDICTION - Constitutional law - Jurisdiction - Conferred on the Court of Appeal under s. 224(1) of the 1979 Constitution - To receive appeals from the Customary Court of Appeal - The National Assembly has not prescribed matters with respect to which it is permissible to appeal. Ohai v. Akpoemonye (1999) 1 KLR (pt 76) 165; (1999) 1 NWLR (Pt. 588) 521

 

JURISDICTION - Constitutional Law - Application of section 230(1) (d) of the Constitution - Nature of transaction between banks is a determinant factor. F.M.B. v. NDIC (1999) 2 KLR (pt 77) 331; (1999) 2 NWLR (Pt. 591) 333

 

JURISDICTION - Court - Challenge of jurisdiction - Where the parties fought a case erroneously - On the basis that the court had jurisdiction - A party is not estopped from subsequently taking the contrary position. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

JURISDICTION - Court - Jurisdiction - Lack of - Where a court has no jurisdiction to hear and determine a matter - Legal implications. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

JURISDICTION - Defect of jurisdiction - The rules of natural justice - It is only after the court has assumed jurisdiction properly - That observance of the rules would be looked into. Ohai v. Akpoemonye (1999) 1 KLR (pt 76) 165; (1999) 1 NWLR (Pt. 588) 521

 

JURISDICTION - Lack of jurisdiction - Striking out Order - By the Court of Appeal - On the ground of Lack of jurisdiction - Is erroneous - As the issue of jurisdiction had earlier in the same matter - Been resolved by the Supreme Court. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

JURISDICTION - Land Use Act - Land covered by customary right of occupancy - The Court with jurisdiction in Benue State - In respect to such land - Is the Area Court. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

 

JURISDICTION - Ouster - Challenge of the validity of the 1978 Edict - The jurisdiction of the learned trial judge to entertain the matter was ousted - By the provisions of S. 2 (2) of the 1977 Decree. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

JURISDICTION - Ouster clause - Extent of - Decree No. 8 of 1994 - Where the decree was specifically directed at the 1st respondent - It is clearly indefensible to extend any ouster clause - To prevent the Court from entertaining the complaint of the other respondents. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

JURISDICTION - Ouster of jurisdiction - The issue of family status - In deciding whether the issue ousts the jurisdiction of the High Court in a case - That issue must be fundamental and not incidental. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

 

JURISDICTION - Ouster - Validity of a Decree - Courts are precluded from making a decision - To declare on the validity or otherwise of a Decree. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

JURISDICTION - Proof - Order to be made where plaintiffs fail to prove their case - Is to dismiss it - There is no jurisdiction to refer it to the Boundary Settlement Commission. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

JURISDICTION - Statutes - Ouster of jurisdiction - Under S. 1(2) of Decree No. 18 of 1977 - Does not apply to the present case. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

JURISDICTION - Waiver - Objection - Where there is no power to exercise jurisdiction - No legal action results - And the question of a waiver does not arise. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

JURISPRUDENCE - Law - Validity of - Judging the validity of a law - On the basis of ethics, morality and religion - Is erroneous. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

LAND LAW - Appeal - Concurrent findings of fact - As to the location of the land that was granted - Having sufficient evidence to support them - The findings will not be disturbed by the Supreme Court. Kulobo v. Ikuomola (1999) 9 KLR (pt 90) 2681; (1999) 12 NWLR (Pt. 629) 146

 

LAND LAW - Appeals - Damages - Where trial court awarded N250.00 general damages - And there is no appeal against that award - Appeal Court will not alter it. Adebo v. Saki Estates Ltd (1999) 5 KLR (pt 83) 1197; (1999) 7 NWLR (Pt. 612) 525

 

LAND LAW - Appeals - Issue - Proper issue - Declaration - Where no declaration was granted - An issue raised on the consequence - Of the failure on the part of the plaintiffs to present a plan - Showing the area for which declaration is sought - It not an issue properly arising. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

 

LAND LAW - Better title - Proof - Benin Customary Law - Although the parties did not appear before the Oba of Benin - There was overwhelming evidence that the respondent proved her claim. Enabulele v. Agbonlahor (1999) 3 KLR (pt 79) 649; (1999) 4 NWLR (Pt. 598) 166

 

LAND LAW - Boundaries - Proof - Survey plan - Where the plaintiff filed a survey plan which was admitted in evidence - And the defendants did not file a counter plan - They cannot contend that the plaintiff did not prove the boundaries of the land in dispute. Adepoju v. Oke (1999) 3 KLR (pt 79) 531; (1999) 3 NWLR (Pt. 594) 154

 

LAND LAW - Boundary - Trespass - Alleged by the plaintiffs - They would have to prove that the trespass did take place - In contravention of the new boundary. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

LAND LAW - Casus belli - Since the area covered by exhibit B was not the casus belli - Alleged illegality and inadmissibility of that exhibit - Is of no use. Ogidi v. Igba (1999) 6 KLR (pt 85) 1761; (1999) 10 NWLR (Pt. 621) 42

 

LAND LAW - Claim for title - Identity of the Land in dispute - Where the plan filed by the appellants - Is not challenged by the respondents - It is deemed to be admitted. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

LAND LAW - Claim - For declaration of title to land - Identity of the land - Survey Plan - Is not a sine qua non - But there must be some clear description to make a disputed land ascertainable. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

LAND LAW - Conveyance - Forgery - Denial by one of the executants of being a party to the execution - The burden of proving forgery rests on that party who alleges. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

LAND LAW - Conveyance - Of family land - By the head of the family - What is material is the capacity in which the Vendor dealt with the land - Rather than the knowledge of the Purchaser as to the status of the land. Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

LAND LAW - Customary sale of land - Evidence of handing over ceremony - Is not necessary before title under customary law could pass - Plaintiff established sale to him under customary law. Adebo v. Saki Estates Ltd (1999) 5 KLR (pt 83) 1197; (1999) 7 NWLR (Pt. 612) 525

 

LAND LAW - Declaration of title - And an order for injunction - Could not be granted once it was held that both parties were in possession of the land in dispute - Unless the respondents in the present case can prove a better title. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

LAND LAW- Declaration of title - And an order of injunction - Made in favour of the respondents - Where from the evidence the land in dispute belong to both Parties - Is erroneous. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

LAND LAW - Declaration of title - Based on joint ownership of land - Application of the principle in Ekpo v. Ita - The trial judge was right in adopting the principle - Having regard to the circumstances of the case. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

 

LAND LAW - Declaration of title - Identity of the land in dispute - Where it was mistakenly referred to as the area Verged Black in the survey plan - And contrary to the evidence proffered - The relief will not be granted. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

LAND LAW - Declaration of title - Pleadings and evidence - Where they tallied with all that was contained in the Survey Plan - The identity of the land over which declaration of title is sought - Have been proved. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

LAND LAW - Declaration of title - Proof - Identity of the land in dispute - Sufficient evidence must be produced to ascertain the definite and precise boundaries of the land - In order to be entitled to a grant. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

LAND LAW - Declaration of title - Proof - Where plaintiffs failed to prove their root of title satisfactorily - Defendants who have not counter claimed - Need not answer the claim upon such defective evidence. Dike v. Okoloedo (1999) 7 KLR (pt 88) 2275; (1999) 10 NWLR (Pt. 623) 359

 

LAND LAW - Declaration of title - Proprietary interest - Regarding the land in dispute - Is not affected by Exhibit “C” which described the land as “Government Land”. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

LAND LAW - Estate - Distribution of - Onitsha customary law of “Usokwu” - Its meaning and application. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

LAND LAW - Estoppel - Plea of - Where it is not proved that the piece of land in dispute in the present suit - Is the same as that in dispute in a previous suit - The plea ought not to have been allowed. Dokubo v. Omoni (1999) 6 KLR (pt 86) 1833; (1999) 8 NWLR (Pt. 616) 647

 

LAND LAW - Evidence - Acts of possession - Inference - Under S. 46 of the Evidence Act - When a court is entitled to draw the inference. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

LAND LAW - Evidence - Burden of proof - Once it is proved that the original ownership of property - Is in a party - The burden of proving that the party has been divested of the ownership - Rests on the other party. Oyovbiare v. Omamurhomu (1999) 7 KLR (pt 87) 2131; (1999) 10 NWLR (Pt. 621) 23

 

LAND LAW - Evidence - Proof - Burden on plaintiff - To establish his claim upon relevant and credible evidence - Was not discharged by the appellant. Jiaza v. Bamgbose (1999) 5 KLR (pt 83) 1211; (1999) 7 NWLR (Pt. 610) 182

 

LAND LAW - Evidence - Traditional history- Time immemorial- It is not enough for the appellants in the instant case - To testify only that they own the land from time immemorial - They must go ahead to show from whom the land started - And finally devolved to them. Dike v. Okoloedo (1999) 7 KLR (pt 88) 2275; (1999) 10 NWLR (Pt. 623) 359

 

LAND LAW - Family land - Sale or lease thereof - Alienation without the concurrence of the family head is void - Whereas sale by the head without the concurrence of principal family members - Is voidable. Jiaza v. Bamgbose (1999) 5 KLR (pt 83) 1211; (1999) 7 NWLR (Pt. 610) 182

 

LAND LAW - Injunction - Land law - Claim - For injunction - Is not necessarily bound to fail - After a claim for a declaration of title fails. Ajero v. Ugorji (1999) 7 KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1

 

LAND LAW - Injunction - Unspecified land - An injunction cannot be granted in respect of unspecified land. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

LAND LAW - Instrument - Due execution - Takes place when all acts necessary to render the instrument complete - And give it validity - Have been performed. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

LAND LAW - Intestacy - Onitsha customary law - Of “usokwu” - Is a recognized mode of distribution of property on intestacy - But it is inapplicable to the present case. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

LAND LAW - Jurisdiction - Land Use Act - Land covered by customary Right of occupancy - The Court with jurisdiction in Benue State - In respect to such land - Is the Area Court. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

 

LAND LAW - Land Instrument Registration Law - Sections 18(1) -(5) and 31(2) -The effect of a combined reading of the sections - Is that once an instrument has been registered in accordance with section 18(1) -(4) - A certified copy of it shall be received in evidence without further proof. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

LAND LAW - Land Instrument Registration Law - The effect of section 32(2). Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

LAND LAW - Land Tenure Law, 1962 - Distinction - Between customary right of occupancy and statutory right of occupancy - Under it. Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

LAND LAW - Land Titles Registration Law - The Provisions of section 5 - Reliance on it - After due compliance with sections 18(1) - (5) and 31(2) of the Land Instruments Registration Law - In order to establish due execution of a registered conveyance - Is uncalled for. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

LAND LAW - Leases - Contract for a sublease - Was established against the landlords - Being in breach of the contract - They must bear the consequences. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

LAND LAW - Leases - Sublessee - Agreement to take a sublease of property - Without securing governor’s consent - Declaration that appellant is a sublessee - Should not be made. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

LAND LAW - Plans - Admissibility of evidence - Depends on the purpose for which it is being tendered - The trial Court was wrong - To have rejected the plans sought to be tendered in this case. Agbahomovo v. Eduyegbe (1999) 2 KLR (pt 78) 437; (1999) 3 NWLR (Pt. 594) 170

 

LAND LAW - Plans - Admissibility - Under s. 90 (1) Evidence Act - The plans in the instant case - Were admissible under that section - When their maker was called as a witness. Agbahomovo v. Eduyegbe (1999) 2 KLR (pt 78) 437; (1999) 3 NWLR (Pt. 594) 170

 

LAND LAW - Plans - Pleadings - Amendment - Plan - Which has been amended with leave of court - Does not cease to exist - It still forms part of the proceedings. Agbahomovo v. Eduyegbe (1999) 2 KLR (pt 78) 437; (1999) 3 NWLR (Pt. 594) 170

 

LAND LAW - Possession in law - What it means - And what constitutes evidence of possession. Ajero v. Ugorji (1999) 7 KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1

 

LAND LAW - Possession - Where the plaintiffs have been in possession all the time - Acts of trespass by the defendants - Should not have been elevated to acts of possession. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

LAND LAW - Proof - Burden on plaintiff - To establish his claim upon relevant and credible evidence - Was not discharged by the appellant. Jiaza v. Bamgbose (1999) 5 KLR (pt 83) 1211; (1999) 7 NWLR (Pt. 610) 182

 

LAND LAW - Res judicata - Identity of the land - Failure to file the Plan tendered in the previous case - Is not fatal to the present claim - Since both parties have given sufficient Particulars of the land in dispute. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

LAND LAW - Res judicata - Title to land - Where the title to the land in dispute - Had been declared in favour of the ancestor of the respondents by a previous judgment - It is not necessary for them to prove ownership of the land. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

LAND LAW - Right of occupancy - Deemed holder - Under s. 36 (2) of the Land Use Act - A trespasser cannot claim to be holder of land - For the purpose of s. 36(2). Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

LAND LAW - Right of occupancy - Setting aside the grant - Facts which may justify the setting aside of a grant - Cannot be used as a defence in an action for trespass - When the grant had not been set aside. Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

LAND LAW - Rights of occupancy - Validity of the grants - A Party who challenges the validity of a grant - Should take steps to have it set aside - Rather than behave as if it does not exist. Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

LAND LAW - Sale - Breach of contract for sale - Aggrieved party may claim order for specific performance - Or damages for trespass - Both may be claimed in the alternative and not conjunctively. Liman v. Mohammed (1999) 6 KLR (pt 85) 1801; (1999) 9 NWLR (Pt. 617) 116

 

LAND LAW - Statutory right of occupancy - The grant of it - Freed the land from all existing rights to use and occupation. Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

LAND LAW - Statutory rights of Occupancy - Which were validly granted - The Court will not treat the grants as if they have ceased to exist - In determining the rights of the Parties. Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

LAND LAW - Survey Plans - Location of the land in dispute - The plans cannot over ride the evidence of the witnesses. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

LAND LAW - Title - Acquisition of land - Under Bini native law and custom - The fundamental principles governing it. Enabulele v. Agbonlahor (1999) 3 KLR (pt 79) 649; (1999) 4 NWLR (Pt. 598) 166

 

LAND LAW - Title - As parties joined issues on title - Lower Court rightly considered whether appellant had established title. Jiaza v. Bamgbose (1999) 5 KLR (pt 83) 1211; (1999) 7 NWLR (Pt. 610) 182

 

LAND LAW - Title - Claim for declaration of title to land - Proof - A plaintiff has the burden of proving his case - On his own evidence - But can take advantage of and rely upon evidence by the defence - Which supports his case. Dike v. Okoloedo (1999) 7 KLR (pt 88) 2275; (1999) 10 NWLR (Pt. 623) 359

 

LAND LAW - Title - Claim in title - Long and adverse possession of Land - Cannot found a claim in title against the true owner. Dokubo v. Omoni (1999) 6 KLR (pt 86) 1833; (1999) 8 NWLR (Pt. 616) 647

 

LAND LAW - Title - Conveyances - Based on the conveyances - Both parties failed to establish title to the land in dispute. Adebo v. Saki Estates Ltd (1999) 5 KLR (pt 83) 1197; (1999) 7 NWLR (Pt. 612) 525

 

LAND LAW - Title - Declaration of title - Traditional evidence - Once it is found to be conclusive and cogent - There would be no need whatsoever to require further proof. Dike v. Okoloedo (1999) 7 KLR (pt 88) 2275; (1999) 10 NWLR (Pt. 623) 359

 

LAND LAW - Title - Documents of title - Due execution - The appellants having established due execution of the conveyances in the present case - They have prima facie established their title. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

LAND LAW - Title - Documents - Where there is no evidence that the documents relate to the land in dispute - The appeal fails. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

LAND LAW - Title - Evaluation of evidence of witnesses and exhibits - Was meticulously done by the trial court - And confirmed by the Court of Appeal - In finding for the plaintiffs. Madubuonwu v. Nnalue (1999) 9 KLR (pt 90) 2627; (1999) 11 NWLR (Pt. 628) 673

 

LAND LAW - Title - Foundation - As a result of previous Supreme Court Judgment - Plaintiff have no title they could pass to defendant - The foundation on which they built their case having collapsed. Kulobo v. Ikuomola (1999) 9 KLR (pt 90) 2681; (1999) 12 NWLR (Pt. 629) 146

 

LAND LAW - Title - Individual ownership - Requirements - Under Bini Customary Law - Where the respondents satisfied all the requirements - There is no basis for her to further establish prior title to the land in dispute - As against the appellant in the present case. Enabulele v. Agbonlahor (1999) 3 KLR (pt 79) 649; (1999) 4 NWLR (Pt. 598) 166

 

LAND LAW - Title - Issue of title raised by the appellant - It became his duty to establish his title. Jiaza v. Bamgbose (1999) 5 KLR (pt 83) 1211; (1999) 7 NWLR (Pt. 610) 182

 

LAND LAW - Title - Pleadings and admissions - Plaintiffs proved their title - Vide evidence of traditional history - In the light of the pleadings and admissions. Madubuonwu v. Nnalue (1999) 9 KLR (pt 90) 2627; (1999) 11 NWLR (Pt. 628) 673

 

LAND LAW - Title - Proof - Plaintiff not to rely on weakness of defendant’s case - But he is entitled to take advantage of defence evidence - Which tends to support his case. Madubuonwu v. Nnalue (1999) 9 KLR (pt 90) 2627; (1999) 11 NWLR (Pt. 628) 673

 

LAND LAW - Title - Settlement - Distinction between a grant and a settlement. Dokubo v. Omoni (1999) 6 KLR (pt 86) 1833; (1999) 8 NWLR (Pt. 616) 647

 

LAND LAW - Title to land - Proof of - Findings by the trial Court - That title has been declared in favour of the plaintiffs in earlier proceedings - The Court of Appeal was wrong to have interfered with such findings. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

LAND LAW - Title to land- Purchasers of land - Their case will succeed or fail - With the case of their common vendor. Dike v. Okoloedo (1999) 7 KLR (pt 88) 2275; (1999) 10 NWLR (Pt. 623) 359

 

LAND LAW - Title - Trespass and injunction - Where from the pleadings the issue of title to the land in dispute was involved - For plaintiffs to succeed - They had the burden to show a better title to the land. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

LAND LAW - Traditional evidence - Being inconclusive - Trial judge rightly reverted to acts of possession in recent times - As laid down in Kojo v. Bonsie. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

LAND LAW - Traditional evidence - Findings of the courts below thereon - Is justified. Madubuonwu v. Nnalue (1999) 9 KLR (pt 90) 2627; (1999) 11 NWLR (Pt. 628) 673

 

LAND LAW - Trespass - Alleged against the appellants - Where not proved from the evidence - Appellants cannot be found liable. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

LAND LAW - Trespass and injunction - Production of plan - Is not essential to a claim for trespass - And an order of injunction can be granted without a plan - Where the identity of the land is certain. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

 

LAND LAW - Trespass and injunction - Where from the pleadings the issue of title to the land in dispute was involved - For plaintiffs to succeed - They had the burden to show a better title to the land. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

LAND LAW - Trespass - Better title having been shown by the 5th respondent - It cannot be regarded as a trespasser - Unto damages being awarded against it. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

LAND LAW - Trespass - Claim - For damages for trespass - Is not dependent on the claim for a declaration of title - As the issues to be determined on the claim for trespass - Are independent to that on the claim for a declaration of title. Ajero v. Ugorji (1999) 7 KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1

 

LAND LAW - Trespass - Continuing trespass - Where the defendants’ act of building on the plaintiff’s land was unlawful - And the houses have been left on the land - The trespass is a continuing one. Adepoju v. Oke (1999) 3 KLR (pt 79) 531; (1999) 3 NWLR (Pt. 594) 154

 

LAND LAW - Trespass - Findings on trespass - By the trial court - Which is supported by the pleadings and evidence - Ought not to have been disturbed by the Court of Appeal. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

LAND LAW - Trespass - Findings on trespass - Consequent upon such findings there must be a verdict of perpetual injunction - And an award of damages. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

LAND LAW - Trespass - Issue estoppel - In continuing trespass - Successive action can be brought from time to time in respect of its continuance - Issue estoppel does not arise. Adepoju v. Oke (1999) 3 KLR (pt 79) 531; (1999) 3 NWLR (Pt. 594) 154

 

LAND LAW - Trespass - Possession - Right to enter - Where the plaintiffs have been found to be in possession of the land in dispute - And the defendant had not established his right to enter any part of that land - He cannot make an issue of the failure of the plaintiff - To demarcate any part of the land - As that on which he should not enter. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

 

LAND LAW - Trespass - Possession - Where the plaintiffs have been in possession all the time - Acts of trespass by the defendants - Should not have been elevated to acts of possession. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

LAND LAW - Trespass - Title - Having been established in the plaintiff’s favour - His claim for damages for trespass and injunction will succeed. Adebo v. Saki Estates Ltd (1999) 5 KLR (pt 83) 1197; (1999) 7 NWLR (Pt. 612) 525

 

LAND USE ACT - Consent of the governor s. 22 - Part performance merely creates a cause for specific performance - S. 22 cannot operate to eliminate the doctrine of part performance. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

LAND USE ACT - Jurisdiction - Land Use Act - Land covered by customary Right of occupancy - The Court with jurisdiction in Benue State - In respect to such land - Is the Area Court. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

 

LAND USE ACT - Right of occupancy - Deemed holder - Under s. 36 (2) of the Land Use Act - A trespasser cannot claim to be holder of land - For the purpose of s. 36(2). Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

LAND USE ACT - Right of occupancy - Setting aside the grant - Facts which may justify the setting aside of a grant - Cannot be used as a defence in an action for trespass - When the grant had not been set aside. Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

LAND USE ACT - Rights of occupancy - Validity of the grants - A Party who challenges the validity of a grant - Should take steps to have it set aside - Rather than behave as if it does not exist. Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

LAND USE ACT - Statutory right of occupancy - The grant of it - Freed the land from all existing rights to use and occupation. Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

LAND USE ACT - Statutory rights of Occupancy - Which were validly granted - The Court will not treat the grants as if they have ceased to exist - In determining the rights of the Parties. Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

LANDLORD & TENANT - Ejection - By resorting to self help - Is contrary to law - And must be condemned by the court. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

LANDLORD & TENANT - Leases - Contract for a sublease - Was established against the landlords - Being in breach of the contract - They must bear the consequences. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

LANDLORD & TENANT - Sublessee - Agreement to take a sublease of property - Without securing governor’s consent - Declaration that appellant is a sublessee - Should not be made. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

LEASES - Contract for a sublease - Was established against the landlords - Being in breach of the contract - They must bear the consequences. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

LEASES - Sublessee - Agreement to take a sublease of property - Without securing governor’s consent - Declaration that appellant is a sublessee - Should not be made. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

LEGAL PRACTITIONERS - Adjournment - Written application to the court - For adjournment - By the counsel for the appellants - And the appellants voluntarily decided to prosecute their case without their counsel - The trial judge was quite right to so proceed. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 1

LEGAL PRACTITIONERS - Prudence of counsel - Ground of appeal - Where there is doubt whether it is of law or mixed law and fact - It is prudent for counsel to seek and obtain the requisite leave. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

 

LEGAL PRACTITIONERS - Submission of counsel - Cannot be a substitute - For the evidence required on an issue in a case. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

 

LEGISLATIONS - Legislative Powers - Under Decree |No. 107 of 1993 - Test of determining whether an instrument is a Decree. Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

LEGISLATIONS - Retrospective law - Amendment to Edict No. 8 of 1989 - Made with a retrospective effect - The edict cannot have any retrospective effect - On the validity or otherwise of acts done and completed under the then existing law - But it would affect acts that are yet to be completed. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

LIBEL - Defamation - Action for defamation - No such action will be maintained - Unless the words complained of have more than their ordinary meaning. Esenowo v. Ukpong (1999) 4 KLR (pt 80) 817; (1999) 6 NWLR (Pt. 608) 611

 

LIBEL - Defamation - Cause of action - Letter of termination - Where the words complained of when read together with other paragraphs in the letter - Are not capable of conveying defamatory meaning - There is no cause of action. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

LIBEL - Defamation - Words used - Where they reflect the true situation - No libel can be sustained on them. Esenowo v. Ukpong (1999) 4 KLR (pt 80) 817; (1999) 6 NWLR (Pt. 608) 611

 

LIBEL - Limitation period - Publication is what gives the cause of action - The date the plaintiff became aware of the libel about him - Is not relevant in the computation of period of limitation. Emiantor v. The Nigerian Army (1999) 9 KLR (pt 90) 2743; (1999) 12 NWLR (Pt. 631) 362

 

LIBEL - Statute bar - Action for damages for libel - Filed after the period of over 6 years - Is statute barred. Emiantor v. The Nigerian Army (1999) 9 KLR (pt 90) 2743; (1999) 12 NWLR (Pt. 631) 362

 

LIBEL - Words & phrases - Libel - What it means. Esenowo v. Ukpong (1999) 4 KLR (pt 80) 817; (1999) 6 NWLR (Pt. 608) 611

 

LIMITATION OF ACTIONS - Bill - Drawn in a set - Time begins to run from the maturity of the set treated as one bill. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

LIMITATION OF ACTIONS - Carriage by sea - Agent of the carrier - Is entitled to take advantage of Arts 3(6) of the Hague Rules - Which makes the Present action against it statute barred. Leventis Tech. Ltd v. Petrojessica Ent. Ltd (1999) 4 KLR (pt 81) 891; (1999) 6 NWLR (Pt. 605) 45

 

LIMITATION OF ACTIONS - Carriage by sea - Limitation of action - Art. 3 (6) of the Hague Rules - The Provisions bars any claim for short-delivery - Brought against the carrier or ship one year after delivery. Leventis Tech. Ltd v. Petrojessica Ent. Ltd (1999) 4 KLR (pt 81) 891; (1999) 6 NWLR (Pt. 605) 45

 

LIMITATION OF ACTIONS - Sale of goods - Contract - Where the action was founded on a contract of sale - Giving rise to a single breach when the purchase price was unpaid - The principle in Ijale case is not applicable - And it is wrong to conclude that any part of the debt is statute-barred. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

LIMITATION OF ACTIONS - Statute bar - Action for damages for libel - Filed after the period of over 6 years - Is statute barred. Emiantor v. The Nigerian Army (1999) 9 KLR (pt 90) 2743; (1999) 12 NWLR (Pt. 631) 362

 

LIMITATION OF ACTIONS - Torts - Damages for libel - Action filed after the period of 6 years - Cannot be enforced - Because the Statute of Limitation removes the right. Emiantor v. The Nigerian Army (1999) 9 KLR (pt 90) 2743; (1999) 12 NWLR (Pt. 631) 362

 

LOCUS IN QUO - Address - Where the inspection took place before the parties addressed the court - Appellant’s complaint - That they were deprived of their right to address the court after the inspection - Is not correct. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

 

LOCUS STANDI - Actions - Representative action - Locus standi - Where by the pleadings and evidence - The plaintiff belonged to the kindred whose interest is affected by the dispute - He has every right to sue. Uzoechi v. Onyenwe (1999) 1 KLR (pt 75) 57; (1999) 1 NWLR (Pt. 587) 339

 

LOCUS STANDI - Appeals - Issue of locus in respect of the main action - Was wrongly decided - As it never arose before the Court of Appeal. Adeyemi v. Olakunri (1999) 12 KLR (pt 91) 2909; (1999) 14 NWLR (Pt. 638) 204

 

LOCUS STANDI - Chieftaincy matters - The plaintiffs had locus standi - To initiate these proceedings. Adesina v. Obala of Otan-Aiyegbaju (1999) 2 KLR (pt 77) 301; (1999) 2 NWLR (Pt. 590) 163

 

LOCUS STANDI - Fundamental aspect - Of locus standi - Is that it focuses on the party seeking to get his complaint before the court - And not on the issues he wishes to have adjudicated. Egolum v. Obasanjo (1999) 5 KLR (pt 83) 1263; (1999) 7 NWLR (Pt. 611) 355

 

MASTER & SERVANT - Defamation - Cause of action - Letter of termination - Where the words complained of when read together with other paragraphs in the letter - Are not capable of conveying defamatory meaning - There is no cause of action. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

MASTER & SERVANT - Fair hearing - Statutory appointments - Termination of such appointments - Requirement of fair hearing under s. 15 (i) of the University of Ilorin Act - Gives the exercise of such disciplinary powers statutory flavour. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

MASTER & SERVANT - Retirement notice - Dismissal of the appellant - Within the period of his retirement notice - Is the exercise of the right of the respondents over one of its serving officers. Amokeodo v. IGP (1999) 5 KLR (pt 82) 1105; (1999) 6 NWLR (Pt. 607) 467

 

MASTER & SERVANT - Retirement - Salary in lieu of notice - Where the appellant had purported to give his employers three months notice of retirement - Contention that his unpaid salaries should have been used as payment of three months salary in lieu of notice - Is not tenable. Amokeodo v. IGP (1999) 5 KLR (pt 82) 1105; (1999) 6 NWLR (Pt. 607) 467

 

MASTER & SERVANT - Termination - Contract of service - Where it is written - The Court will not look outside the terms - In deciding the rights and obligations of the parties. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

MASTER & SERVANT - Termination of employment - For gross misconduct - What the employer must prove. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

MASTER & SERVANT - Voluntary retirement - Notice - Given under S. 21 (1) of the Pensions Act - The section requires retirement officer to give a notice of three months - That immediately Precedes the date of his retirement. Amokeodo v. IGP (1999) 5 KLR (pt 82) 1105; (1999) 6 NWLR (Pt. 607) 467

 

MASTER & SERVANT - Wrongful termination - Contract of service - Terms of - Where the termination Complies with the terms as in the present case - It is lawful. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

MASTER & SERVANT - Wrongful termination - Onus of proof - The employee who so alleges has the onus to place before the court - The terms of the contract of employment - And to prove in what manner the terms were breached. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

MAXIMS - Omnia Praesumuntur rite esse acta - Presumption of regularity - Is applicable in the instance case - And the judgment in contention is therefore unimpeachable. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

MORTGAGES - Loan - Lending agreement - Occurrence of events stated in the mortgage agreement - Makes the whole loan granted to respondent become payable - Amount due need not be proved in this case. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

MOTIONS - Interlocutory applications - Motion - Failure to state a particular rule of court or law under which a motion is brought - Will neither make the motion incompetent - Nor the order granted invalid. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

MURDER - Cause of death - Medical evidence - Though desirable in establishing the cause of death - Is not always essential. Idemudia v. The State (1999) 5 KLR (pt 82) 1075; (1999) 7 NWLR (Pt. 610) 202

 

MURDER - Circumstantial evidence - Proof of death by it - Is accepted - Because in criminal cases the possibility of always proving the offence charged by direct evidence is rare. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

MURDER - Conviction - Based on circumstantial evidence - The statement made by the accused to the Police - Does not constitute a coexisting circumstance which weakens the inference that the accused killed the deceased. Nasiru v. The State (1999) 1 KLR (pt 76) 197; (1999) 2 NWLR (Pt. 589) 87

 

MURDER - Culpable homicide - Punishable with death - Before the court can convict on such a charge - It must be satisfied that the death - Was the probable consequence of the act of the accused. Lado v. The State (1999) 6 KLR (pt 85) 1727; (1999) 9 NWLR (Pt. 619) 369

 

MURDER - Culpable homicide - Punishable with death - Possibility of a presumption - One way or the other as to what brought about the clash - Between the accused and the deceased - How to resolve it. Lado v. The State (1999) 6 KLR (pt 85) 1727; (1999) 9 NWLR (Pt. 619) 369

 

MURDER - Defence of provocation - Refusal to stop vehicle when so ordered by the Police - Cannot amount to Provocation - And does not justify the killing of another person. Idemudia v. The State (1999) 5 KLR (pt 82) 1075; (1999) 7 NWLR (Pt. 610) 202

 

MURDER - Defences - Of accident and self defence - Did not avail the appellant - Where he unleashed a premeditated attack - Which killed the deceased. Idemudia v. The State (1999) 5 KLR (pt 82) 1075; (1999) 7 NWLR (Pt. 610) 202

 

MURDER - Defences - Provocation - The defence cannot be available to the appellant - When it was he that attacked the deceased a second time. Effia v. The State (1999) 6 KLR (pt 85) 1749; (1999) 8 NWLR (Pt. 613) 1

 

MURDER - Evidence - Witnesses - Evidence of witnesses whose evidence may be tainted - How treated by the court. Effia v. The State (1999) 6 KLR (pt 85) 1749; (1999) 8 NWLR (Pt. 613) 1

 

MURDER - Ingredients that must be proved - Before a person charged with murder under s. 319 of the Criminal Code - Can be convicted. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

MURDER - Insufficient proof - Where the offence of murder was not proved - The appellant can be convicted of manslaughter - Since the disregard of his legal duty to take care - Resulted in the death of the deceased. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

MURDER - Proof - Charge of murder under section 319 (1) of the Criminal Code - What the prosecution is required to prove. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

MURDER - Proof - Intentional killing - Where the killing resulting from the act of the appellant was not intended - His act does not fall within the provisions of s. 316 of the Criminal Code - And cannot constitute murder. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

MURDER - Self-defence - Right to - When an accused can put up the defence. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

 

MURDER - Trial - Proof - The prosecution must show conclusively - That death was caused by the act of the accused. Idemudia v. The State (1999) 5 KLR (pt 82) 1075; (1999) 7 NWLR (Pt. 610) 202

MURDER - Unlawful killing - When it is unlawful to kill a human being. Omini v. The State (1999) 9 KLR (pt 90) 2757; (1999) 12 NWLR (Pt. 630) 168

 

MURDER - Witnesses - Proof of the identity of the deceased - Desirability of calling the person who identified the corpse as a witness - Is only where the identity of the body examined by the doctor - Is in doubt. Idemudia v. The State (1999) 5 KLR (pt 82) 1075; (1999) 7 NWLR (Pt. 610) 202

 

NATURAL JUSTICE - Fair hearing - Standard of - Requires the observance of the twin pillars of the rules of natural justice - Consequences of failure to so observe. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

NATURAL JUSTICE - Jurisdiction - Defect of jurisdiction - The rules of natural justice - It is only after the court has assumed jurisdiction properly - That observance of the rules would be looked into. Ohai v. Akpoemonye (1999) 1 KLR (pt 76) 165; (1999) 1 NWLR (Pt. 588) 521

 

NEGLIGENCE - Accidents - Damages - Road traffic - Negligence and nuisance - What to prove - In order to ground an action in nuisance or negligence. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

NEGLIGENCE - Damages - General damages - Negligence - The general damages must depend - On some collateral consequence - Of the negligent act of the appellants in the present case. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

 

NEGLIGENCE - Dangerous driving - Proof of dangerous driving - Ought not to be inferred. Alhaji Otaru & Sons Ltd v. Idris (1999) 4 KLR (pt 81) 847; (1999) 6 NWLR (Pt. 606) 330

 

NEGLIGENCE - Pleadings - Evidence not led to support the pleading - Goes to no issue. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

NEGLIGENCE - Proof - Of the particulars of negligence - Failure to adduce evidence - Is fatal to the appellant’s case. Alhaji Otaru & Sons Ltd v. Idris (1999) 4 KLR (pt 81) 847; (1999) 6 NWLR (Pt. 606) 330

 

NUISANCE - Accidents - Damages - Road traffic - Negligence and nuisance - What to prove - In order to ground an action in nuisance or negligence. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

NUISANCE - Road traffic - Public nuisance - Proof - Public nuisance - Constituted by obstruction of the road - What a private person must show - To entitle him to maintain an action. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

ORDERS - Appeals - Dismissal - Relief for damages in trespass - Which was abandoned on appeal - The proper order to make is that of dismissal - Since it was dismissed by the lower court. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

 

ORDERS - Consequential order - Can only relate to matters adjudicated upon - Order of specific performance which was never asked for - Is not a consequential order. Liman v. Mohammed (1999) 6 KLR (pt 85) 1801; (1999) 9 NWLR (Pt. 617) 116

 

ORDERS - Consequential orders - Order of injunction - Granted suo motu by the court in favour of the respondents - Is proper - Since title to the land in dispute has been declared in their favour. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

ORDERS - Consolidation - Order of consolidation of two suits - Made by the trial court on the application of the appellants - Because the parties and subject matter were the same in both suits - Contention by the appellants that the suits should have been heard separately - Is erroneous. Akpan v. Umoh (1999) 7 KLR (pt 88) 2319; (1999) 11 NWLR (Pt. 627) 349

 

ORDERS - Judgments - Consequential Orders to make - Where the trial was declared a nullity - In the circumstances of the present case - The interest of justice demands that no order of retrial should be made. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

 

ORDERS - Judgments - Order of court of competent jurisdiction - Invalidity of - Cannot be presumed - Without a pronouncement to that effect by a court of competent jurisdiction. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

ORDERS - Judgments - Setting aside order of a court that is invalid - How done. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

ORDERS - Nonsuit - Effect of an order of nonsuit. Ebokam v. Ekwenibe & Sons Trading Co. Ltd (1999) 7 KLR (pt 87) 2153; (1999) 10 NWLR (Pt. 622) 242

 

ORDERS - Proof - Order to be made where plaintiffs fail to prove their case - Is to dismiss it - There is no jurisdiction to refer it to the Boundary Settlement Commission. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

ORDERS - Retrial - Nullity of a trial - Order of retrial - Power of the appellate court to order a retrial - Principles guiding it. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

 

ORDERS - Retrial - Order of - When it is not appropriate to make the order. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

PARTIES - Actions - Appeals - Contention that 4th defendant did not appeal in this matter - Is of no substance - Since all the defendants jointly appealed. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

 

PARTIES - Actions - Consistency - In stating one’s case - Must be maintained by a party - To make litigation meaningful. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

PARTIES - Actions - Counter claim - Is a cross action with plaintiff becoming the defendant - If plaintiff cannot be the proper opposing party - The counter claim is to be struck out. Adesina v. Obala of Otan-Aiyegbaju (1999) 2 KLR (pt 77) 301; (1999) 2 NWLR (Pt. 590) 163

 

PARTIES - Evidence - Proof - The rule that a plaintiff must succeed on the strength of his own case - And not on the weakness of the defendant’s case - When it does not apply. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

PARTIES - Joinder of parties - Failure to amend the writ before service on the parties joined - This is not an aspect of incompetence of a court process - Which will make the proceedings a nullity. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

PARTIES - Joinder of parties - Necessary parties - Okwe Uwani people are necessary parties in this case - Court of Appeal is wrong in holding otherwise. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

 

 

PARTIES - Pleadings - Amendment - A party may amend his pleadings at any stage - And an appellate court can make such amendment - In so far as it will not occasion a miscarriage of justice. Okolo v. UBN Ltd (1999) 6 KLR (pt 86) 1935; (1999) 10 NWLR (Pt. 623) 429

 

PLEADINGS - Amendment - A party may amend his pleadings at any stage - And an appellate court can make such amendment - In so far as it will not occasion a miscarriage of justice. Okolo v. UBN Ltd (1999) 6 KLR (pt 86) 1935; (1999) 10 NWLR (Pt. 623) 429

 

PLEADINGS - Amendment - Application for amendment - Which intends to introduce a new cause of action - And if granted would be prejudicial to the other party - Will be refused. Okolo v. UBN Ltd (1999) 6 KLR (pt 86) 1935; (1999) 10 NWLR (Pt. 623) 429

 

PLEADINGS - Amendment - Plan - Which has been amended with leave of court - Does not cease to exist - It still forms part of the proceedings. Agbahomovo v. Eduyegbe (1999) 2 KLR (pt 78) 437; (1999) 3 NWLR (Pt. 594) 170

 

PLEADINGS - Amendment - Principles - That should guide a court - In deciding when and in what circumstances - A party may be allowed to amend his pleadings. Okolo v. UBN Ltd (1999) 6 KLR (pt 86) 1935; (1999) 10 NWLR (Pt. 623) 429

 

PLEADINGS - Amendment suo motu by court - Was proper in the present case - As it did not entail injustice to the other party. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

PLEADINGS - Amendment - The principle of law relating to the amendment of pleadings - Is that it can be granted at any stage of the Proceedings - Provided it is not prejudicial to the other party. Shell Pet. Dev. Co. (Nig.) Ltd. v. Ambah (1999) 2 KLR (pt 78) 467; (1999) 3 NWLR (Pt. 593) 1

 

PLEADINGS - Amendment - To fall in line with the evidence adduced - The Court has always granted it - Even after the completion of the trial. Shell Pet. Dev. Co. (Nig.) Ltd. v. Ambah (1999) 2 KLR (pt 78) 467; (1999) 3 NWLR (Pt. 593) 1

 

PLEADINGS - Binding effect of - Parties are bound by their pleadings and the issues joined therein - And the Court must be on its guard not to deviate therefrom. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

PLEADINGS - Damages - Special damages - Award of - Special damages not based on the facts pleaded - Cannot be allowed to stand. Shell Pet. Dev. Co. (Nig.) Ltd. v. Ambah (1999) 2 KLR (pt 78) 467; (1999) 3 NWLR (Pt. 593) 1

 

PLEADINGS - Damages - Standard of pleading and proof - Required in special damages. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

PLEADINGS - Damages - Traverse - Any allegation in pleadings that a party has suffered damage - Is deemed to be traversed - Unless specifically admitted. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

PLEADINGS - Defence - Vicarious liability - Material allegations in the statement of claim - The appellants ought to have reacted unambiguously to the allegations - In order to exhibit their defence to the vicarious liability alleged. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

PLEADINGS - Evidence - Defence - The proper way to dispute an averment of fact - Made in a Statement of claim. Tigris Int. Corp. v. Ege Shipping & Trading Ind. Inco (1999) 12 KLR (pt 92) 3079; (1999) 14 NWLR (Pt. 637) 70

 

PLEADINGS - Evidence - Documents - Letters of Administration - Need not be specifically pleaded - So long as facts by which such documents are covered - Are pleaded. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

PLEADINGS - Evidence - Negligence - Evidence not led to support the pleading - Goes to no issue. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

PLEADINGS - Evidence outside pleadings - A party may not be allowed to lead evidence outside his Pleadings - But a plaintiff will be entitled to lead evidence - On any point raised in the defendant’s pleading. Dokubo v. Omoni (1999) 6 KLR (pt 86) 1833; (1999) 8 NWLR (Pt. 616) 647

 

PLEADINGS - Evidence - Which is not in line with the facts pleaded - Goes to no issue. Shell Pet. Dev. Co. (Nig.) Ltd. v. Ambah (1999) 2 KLR (pt 78) 467; (1999) 3 NWLR (Pt. 593) 1

 

PLEADINGS - Findings of fact - By trial court - Based on pleadings and evidence before it - The Court of Appeal was in error to have interfered with them. Uzoechi v. Onyenwe (1999) 1 KLR (pt 75) 57; (1999) 1 NWLR (Pt. 587) 339

 

PLEADINGS - Findings on trespass - By the trial court - Which is supported by the pleadings and evidence - Ought not to have been disturbed by the Court of Appeal. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

PLEADINGS - Fundamental - Enforcement Procedure - Where an application is made by motion on notice - There cannot be any pleadings. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

PLEADINGS - General traverse - Use of - When it is convenient and permissible - To use general traverse. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

PLEADINGS - Interest - Claim for - Pleadings - How to plead a claim for interest. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

PLEADINGS - Issues - Are joined in the pleadings - Not in the evidence - And evidence which is at variance with the pleadings - Goes to no issue. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

PLEADINGS - Issues - Joining of issues - The judgment of the court - Must be based both on the facts and the law - On issues joined by the parties. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

PLEADINGS - Judgment of a provincial court - Presided over by a Resident who was not a lawyer - The court was not bound to strictly follow the rules of Pleadings. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

 

PLEADINGS - Mistake by the trial court - Of referring to the original pleadings in the face of the amended pleadings before the court - Is erroneous - But did not occasion miscarriage of justice in the present case. Oyinloye v. Esinkin (1999) 6 KLR (pt 86) 1955; (1999) 10 NWLR (Pt. 624) 540

 

PLEADINGS - New issue - Courts - Specific reference to sections of the Evidence Act - Is not tantamount to raising new issues by court - Court need not invite further address from counsel - Merely because it referred to sections of an Act. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

 

PLEADINGS - Proof - Special damages - Pleadings and evidence led in proof - Where not controverted by cross examination - Court is to accept and act on the evidence. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

PLEADINGS - Representative action - Locus standi - Where by the pleadings and evidence - The plaintiff belonged to the kindred whose interest is affected by the dispute - He has every right to sue. Uzoechi v. Onyenwe (1999) 1 KLR (pt 75) 57; (1999) 1 NWLR (Pt. 587) 339

 

PLEADINGS - Severance - Principle of - Where the allegation of crime cannot be severed from the body of the pleadings - The principle of severance is not applicable. Koiki v. Magnusson (1999) 5 KLR (pt 84) 1457; (1999) 8 NWLR (Pt. 615) 492

 

PLEADINGS - Special damages - Must be pleaded - And strictly proved by satisfactory evidence. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

PLEADINGS - Statement of defence - General traverse - Is not an effective denial - Of essential or material allegations. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

PLEADINGS - Statement of defence - Proper traverse - To raise an issue of fact there must be a proper traverse - And a defendant does not satisfy this by pleading - That he is not in a position to admit or deny a particular allegation. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

PLEADINGS - Statement of defence - Special traverse - Positive and distinctive allegations - In the statement of claim - Must be specifically denied. Odiba v. Muemue (1999) 6 KLR (pt 86) 1911; (1999) 10 NWLR (Pt. 622) 174

 

PLEADINGS - Title - Pleadings and admissions - Plaintiffs proved their title - Vide evidence of traditional history - In the light of the pleadings and admissions. Madubuonwu v. Nnalue (1999) 9 KLR (pt 90) 2627; (1999) 11 NWLR (Pt. 628) 673

 

PLEADINGS - Traverse - Special damages - In the face of insufficient traverse - Strict proof of special damages being necessary - Was still achieved vide satisfactory evidence. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

PLEADINGS - Trespass and injunction - Where from the pleadings the issue of title to the land in dispute was involved - For plaintiffs to succeed - They had the burden to show a better title to the land. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

PLEADINGS - What it is - And how to properly frame. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

PRACTICE & PROCEDURE - Actions - Fresh action - Condition precedent - Where two previous suits were struck out - With an order that no further steps be taken - In the case until costs were paid - What further steps mean - And when a fresh action can be filed. Shugaba v. Union Bank (1999) 7 KLR (pt 89) 2447; (1999) 11 NWLR (Pt. 627) 459

 

PRACTICE & PROCEDURE - Address - Locus in quo - Where the inspection took place before the parties addressed the court - Appellant’s complaint - That they were deprived of their right to address the court after the inspection - Is not correct. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

 

PRACTICE & PROCEDURE - Adjournment of cases - Are at the discretion of the court - And to succeed in an appeal against such exercise of discretion - It must be shown that the order would manifestly work injustice. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

PRACTICE & PROCEDURE - Adjournment - Written application to the court - For adjournment - By the counsel for the appellants - And the appellants voluntarily decided to prosecute their case without their counsel - The trial judge was quite right to so proceed. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

 

PRACTICE & PROCEDURE - Amendment - To fall in line with the evidence adduced - The Court has always granted it - Even after the completion of the trial. Shell Pet. Dev. Co. (Nig.) Ltd. v. Ambah (1999) 2 KLR (pt 78) 467; (1999) 3 NWLR (Pt. 593) 1

 

PRACTICE & PROCEDURE - Appeals - Ground of law - Particulars - How to frame ground of law requiring particulars - And the Purpose of requiring particulars. D. Stephens Ind. Ltd v. BCCI (Nig.) Ltd (1999) 7 KLR (pt 88) 2305; (1999) 11 NWLR (Pt. 625) 29

 

PRACTICE & PROCEDURE - Company law - Liquidator - Proceedings against liquidator - Leave of court is required if proceedings is in the Federal High Court - But it is not so required in State High Court. F.M.B. v. NDIC (1999) 2 KLR (pt 77) 331; (1999) 2 NWLR (Pt. 591) 333

 

PRACTICE & PROCEDURE - Cost of N850.00 - Awarded by the Court of Appeal - Is not excessive and arbitrary. Omoijahe v. Umoru (1999) 5 KLR (pt 83) 1339; (1999) 8 NWLR (Pt. 614) 178

 

PRACTICE & PROCEDURE - Costs - Amount to be awarded - Where agreed upon by the parties - The court’s discretion will be fettered. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

PRACTICE & PROCEDURE - Costs - Discretion of Court to award - Must be exercised judicially and judiciously - And costs are not meant to be a bonus to the successful party. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

PRACTICE & PROCEDURE - Demurrer application - In such an application - It is presumed that all the facts pleaded by the plaintiff are correct - What the defendant who disputes any of such facts should do. Tigris Int. Corp. v. Ege Shipping & Trading Ind. Inco (1999) 12 KLR (pt 92) 3079; (1999) 14 NWLR (Pt. 637) 70

 

PRACTICE & PROCEDURE - Election Petition - Amendment - Time to make an amendment - Where the time had passed - The court was right not to have ordered an amendment of the petition. Egolum v. Obasanjo (1999) 5 KLR (pt 83) 1263; (1999) 7 NWLR (Pt. 611) 355

 

PRACTICE & PROCEDURE - Fresh issue - Which was not raised in the court below - Argument on it -Will not be entertained by the Supreme Court - Except it involves a substantial point of law. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

 

PRACTICE & PROCEDURE - Interlocutory applications - Motion - Failure to state a particular rule of court or law under which a motion is brought - Will neither make the motion incompetent - Nor the order granted invalid. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

PRACTICE & PROCEDURE - Joinder of parties - Failure to amend the writ before service on the parties joined - This is not an aspect of incompetence of a court process - Which will make the proceedings a nullity. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

PRACTICE & PROCEDURE - Non suit - Striking out - Where the learned trial judge struck out the two applications before him as having failed - And neither party succeeded in his application - It has the same effect - As in an order of nonsuit. Ebokam v. Ekwenibe & Sons Trading Co. Ltd (1999) 7 KLR (pt 87) 2153; (1999) 10 NWLR (Pt. 622) 242

 

PRACTICE & PROCEDURE - Official language - Of the superior courts of record throughout Nigeria - Is English - And the onus is on one who asserts a breach of this notorious age-long procedural practice - To prove it. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

 

PRACTICE & PROCEDURE - Pleadings - Amendment suo motu by court - Was proper in the present case - As it did not entail injustice to the other party. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

PRACTICE & PROCEDURE - Pleadings - Amendment - The principle of law relating to the amendment of pleadings - Is that it can be granted at any stage of the Proceedings - Provided it is not prejudicial to the other party. Shell Pet. Dev. Co. (Nig.) Ltd. v. Ambah (1999) 2 KLR (pt 78) 467; (1999) 3 NWLR (Pt. 593) 1

 

PRACTICE & PROCEDURE - Pleadings - Defence - The proper way to dispute an averment of fact - Made in a Statement of claim. Tigris Int. Corp. v. Ege Shipping & Trading Ind. Inco (1999) 12 KLR (pt 92) 3079; (1999) 14 NWLR (Pt. 637) 70

 

PRACTICE & PROCEDURE - Pleadings - Interest - Claim for - Pleadings - How to plead a claim for interest. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

PRACTICE & PROCEDURE - Pleadings - Parties are bound by their pleadings and the issues joined therein - And the Court must be on its guard not to deviate therefrom. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

PRACTICE & PROCEDURE - Pleadings - Statement of defence - General traverse - Is not an effective denial - Of essential or material allegations. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

PRACTICE & PROCEDURE - Ratio decidendi - Of Skenconsult case - As regard s. 99 of the Sheriffs and Civil Process Act - An objection as to noncompliance with the provision - Must be taken before trial. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

PRACTICE & PROCEDURE - Right to fair hearing - It is a right to be heard - At every material stage of the proceedings. Agbahomovo v. Eduyegbe (1999) 2 KLR (pt 78) 437; (1999) 3 NWLR (Pt. 594) 170

 

PRACTICE & PROCEDURE - Service of processes - An amended original writ - By the addition or substitution of a party thereto - Ought to be seen as the equivalent of a new writ issued against that party - And to be served according to the service rules. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

PRACTICE & PROCEDURE - Severance of pleadings - Principle of - Where the allegation of crime cannot be severed from the body of the pleadings - The principle of severance is not applicable. Koiki v. Magnusson (1999) 5 KLR (pt 84) 1457; (1999) 8 NWLR (Pt. 615) 492

 

PRACTICE & PROCEDURE - Sheriffs and Civil Process Act - The provisions of ss. 97, 98 and 99 - Their combined effect - Is to make the writ in the instant case one for service outside the jurisdiction - Which must allow for thirty days for the defendant to appear. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

PRACTICE & PROCEDURE - Special damages - Proof - Is to be based on balance of probabilities - Subject to pleadings and circumstances of each case. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

 

PRACTICE & PROCEDURE - Statement of defence - Special traverse - Positive and distinctive allegations - In the statement of claim - Must be specifically denied. Odiba v. Muemue (1999) 6 KLR (pt 86) 1911; (1999) 10 NWLR (Pt. 622) 174

 

PRACTICE & PROCEDURE - Supreme Court - Inherent powers - Of the court - When it can be invoked. Adigun v. Sec. Iwo Local Govt. (1999) 5 KLR (pt 84) 1373; (1999) 8 NWLR (Pt. 613) 30

 

PROPERTY LAW - Damages - Measure - The principle of restitution in integrum - Claim for total destruction of property - The measure of damages will be the value of the property - At the time of its destruction. Shell Pet. Dev. Co. (Nig.) Ltd. v. Ambah (1999) 2 KLR (pt 78) 467; (1999) 3 NWLR (Pt. 593) 1

 

PROPERTY LAW - Execution on company’s property - Provisional liquidator is empowered to take delivery of company’s goods before completion of execution - Except where the liquidator’s power has been set aside by the court. F.M.B. v. NDIC (1999) 2 KLR (pt 77) 331; (1999) 2 NWLR (Pt. 591) 333

 

RECEIVER - Appointment - 1st appellant was entitled to appoint a receiver - To manage respondent’s business - And the issue of this appointment - Is not academic - As erroneously held by the Court of Appeal. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

RECEIVER - Authority - Receiver manager - Being the agent of the borrower - Was authorized to do all that his principal could lawfully do - Which includes repayment of the loan extended to respondent. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

RECEIVER - Hurried appointment of - Towards a creditor recovering a debt - Is not wrong - Provided fraud or serious irregularity is not committed. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

RECEIVER - Impartiality - Receiver Manager - Must be impartial - And subjected to terms and conditions of his appointment. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

RECEIVER - Irregularity - In the issue of receipt - Can be waived - In view of the circumstances of this case. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

RECEIVER - Liability - Receipt and retention of N1.3 million cheque - By the 1st respondent vide the appointed receiver - Is not wrongful - As to warrant liability in damages. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

RETRIAL - Appeals - Nullity of a trial - Order of retrial - Power of the appellate court to order a retrial - Principles guiding it. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

 

RETRIAL - Counter claim for damages for breach of contract - Where not considered at all by the lower courts - Retrial of the counter claim - Will be ordered by the Supreme Court. Liman v. Mohammed (1999) 6 KLR (pt 85) 1801; (1999) 9 NWLR (Pt. 617) 116

 

RETRIAL - Judgments - Order of retrial - Finding of fact - Made by a trial court - Which was supported by evidence - The Court of Appeal was in error to have disturbed such finding - And ordered a retrial. Oyovbiare v. Omamurhomu (1999) 7 KLR (pt 87) 2131; (1999) 10 NWLR (Pt. 621) 23

 

RETRIAL - Order of - When it is not appropriate to make the order. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

ROAD TRAFFIC - Accidents - Damages - Road traffic - Negligence and nuisance - What to prove - In order to ground an action in nuisance or negligence. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

ROAD TRAFFIC - Nuisance - Proof - Public nuisance - Constituted by obstruction of the road - What a private person must show - To entitle him to maintain an action. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

RULES OF COURT - Appeals - Withdrawal - Notice of withdrawal - Made Pursuit to order 3 Rule 18 (2) - Of the Court of Appeal Rules, 1981 (as amended) - Where one of the parties did not subscribe his signature to the notice - The ingredients of that sub-rule have not been satisfied. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

RULES OF COURT - Competency - Grounds of appeal - How to determine whether a ground of appeal - Is competent - Having regard to the provisions of section 213 of the 1979 Constitution (as amended). Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

 

RULES OF COURT - Court of Appeal Rules - Provisions of Rule 18 - Effect of withdrawal of an appeal - Under the provisions - Is that the appeal shall be deemed to have been dismissed. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

 

RULES OF COURT - Trial - Order 42 rule 1 of former Bendel State High Court Rules - Court can make an order of committal under this order - After due hearing of the case - Subject to the type of contempt in issue. Omoijahe v. Umoru (1999) 5 KLR (pt 83) 1339; (1999) 8 NWLR (Pt. 614) 178

 

SALE OF GOODS - Bills of exchange - Cause of action - Sale of goods - Action founded on the bills - When a cause of action will accrue. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

SALE OF GOODS - Cause of action - Acceleration clause - In a contract of sale - Where the price is to be paid by instalments - When the cause of action accrues. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

SALE OF GOODS - Cause of action - Contract of sale - Where the Price is to be paid by instalments - And there is no acceleration clause - When a cause of action accrues in respect of each instalment that has fallen into arrears. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

SALE OF GOODS - Cause of action - Contract of sale - Payment by instalments - Delivery of the entire goods - Provision that buyer shall pay by instalments - Cause of action for the purchase price - Does not accrue immediately upon delivery. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

SALE OF GOODS - Limitation of action - Sale of goods - Contract - Where the action was founded on a contract of sale - Giving rise to a single breach when the purchase price was unpaid - The principle in Ijale case is not applicable - And it is wrong to conclude that any part of the debt is statute-barred. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

SPECIFIC PERFORMANCE - Land law - Sale - Breach of contract for sale - Aggrieved party may claim order for specific performance - Or damages for trespass - Both may be claimed in the alternative and not conjunctively. Liman v. Mohammed (1999) 6 KLR (pt 85) 1801; (1999) 9 NWLR (Pt. 617) 116

 

STATUTES - Arbitration - Arbitrator - Appointment of - Notice to appoint an arbitrator - What constitutes a valid notice - Under the Arbitration Law of Lagos State, 1973 - Provisions of section 6(1) (a) & (2) thereof. City Eng. (Nig.) Ltd v. N.A.A (1999) 6 KLR (pt 86) 1975; (1999) 11 NWLR (Pt. 625) 76

 

STATUTES - Carriage by sea - Limitation of action - Art. 3 (6) of the Hague Rules - The Provisions bars any claim for short-delivery - Brought against the carrier or ship one year after delivery. Leventis Tech. Ltd v. Petrojessica Ent. Ltd (1999) 4 KLR (pt 81) 891; (1999) 6 NWLR (Pt. 605) 45

 

STATUTES - Carriage by sea - The Hague Rules - Applicable by virtue of section 2 of the Carriage of Goods by Sea Act - When it will apply. Leventis Tech. Ltd v. Petrojessica Ent. Ltd (1999) 4 KLR (pt 81) 891; (1999) 6 NWLR (Pt. 605) 45

 

STATUTES - Court - Access to - S. 22(5) of the Chiefs Law of Oyo State - The provisions thereof - Is not in violation of s. 33 (2) (a) of the Constitution - And has not interfered with the appellant’s access to the court. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

STATUTES - Court of Appeal Act, 1976 - Provisions of s. 16 - The extent of the power of the Court of Appeal under it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

STATUTES - Court of Appeal, Act 1976 - The provision of section 11 thereof - Cover cases where all the justices that sat on an appeal - Are still in the service of that court on the day of judgment - And had written and signed their judgments. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

STATUTES - Delegation - Statutory disciplinary power - Of council - Under section 15 (i) of the University of Ilorin Act - Cannot be delegated. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

STATUTES - Duties of the SSS - National Security Agencies Act - Provisions of S. 2 (3) (4) - Does not empower the officials of the SSS - To seize or withdraw a citizen’s passport. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

STATUTES - Interpretation - Arraignment - Persons to be jointly tried on a charge - The requirement of s. 333 Criminal Procedure Law - Is complied with by reading and explaining it to the group. Udeh v. The State (1999) 5 KLR (pt 83) 1235; (1999) 7 NWLR (Pt. 609) 1

 

STATUTES - Interpretation - Bendel State Edict No. 7 of 1978 - The Edict imposed forfeiture on the respondents - As envisaged by S. 2(1) of Decree No. 18 of 1977. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

STATUTES - Interpretation - Principle of - Where in their ordinary meaning - The provisions are clear and unambiguous - Effect should be given to them as such. City Eng. (Nig.) Ltd v. N.A.A (1999) 6 KLR (pt 86) 1975; (1999) 11 NWLR (Pt. 625) 76

 

STATUTES - Interpretation - Sheriffs and Civil Process Act - s. 99 thereof - The purpose of the provision. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

STATUTES - Judgments - Appeals - Opinion of absent justice of the Court of appeal - Section 258(2) of the 1979 Constitution - Contrasted with Section 11 of the Court of Appeal Act, 1976. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

STATUTES - Jurisdiction - Ouster - Challenge of the validity of the 1978 Edict - The jurisdiction of the learned trial judge to entertain the matter was ousted - By the provisions of S. 2 (2) of the 1977 Decree. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

STATUTES - Land Tenure Law, 1962 - Distinction - Between customary right of occupancy and statutory right of occupancy - Under it. Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

STATUTES - Minor chief - Title of Mogaji - A person appointed Mogaji of his family in Ibadan - Assumes the position and status of a minor chief - Within the meaning of s. 22 of the Chiefs Law. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

STATUTES - Ouster of jurisdiction - Under S. 1(2) of Decree No. 18 of 1977 - Does not apply to the present case. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

STATUTES - Plateau State Local Government Edict 1976 - Provisions of section 72 - Powers of the Local government to make declarations - And modifications of customary law - The reason for the provisions is that no custom is ossified. Kutse v. A-G Plateau State (1999) 2 KLR (pt 78) 459; (1999) 4 NWLR (Pt. 597) 1

 

STATUTES - Purpose - Decree No. 18 of 1977 - Was promulgated to provide a general validation - In respect of all enquiries instituted by the Military Governor of a State - And other consequential actions. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

STATUTES - Ratio decidendi - Of Skenconsult case - As regard s. 99 of the Sheriffs and Civil Process Act - An objection as to noncompliance with the provision - Must be taken before trial. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

STATUTES - Sheriffs and Civil Process Act - The provisions of ss. 97, 98 and 99 - Their combined effect - Is to make the writ in the instant case one for service outside the jurisdiction - Which must allow for thirty days for the defendant to appear. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

STATUTES - Statutory provisions - Conflict with the Constitution - Section 22 of the Chiefs law - The operation of the provisions - Is not in conflict with that of s. 236 of the 1979 Constitution. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

STATUTES - Voluntary retirement - Notice - Given under S. 21 (1) of the Pensions Act - The section requires retirement officer to give a notice of three months - That immediately Precedes the date of his retirement. Amokeodo v. IGP (1999) 5 KLR (pt 82) 1105; (1999) 6 NWLR (Pt. 607) 467

 

STAY OF EXECUTION - Appeal - Judgment - An appeal will not operate as an automatic stay of execution - But the court should always consider - Whether such judgments if enforced - Will not render nugatory the result obtained on appeal. Dan-Jumbo v. Dan-Jumbo (1999) 7 KLR (pt 88) 2341; (1999) 11 NWLR (Pt. 627) 445

STAY OF EXECUTION - Appeal - Probate of a will - Granted when appeal had been lodged - Was irregular - And there was no necessity to apply for a stay of execution - As the will was still in litigation. Dan-Jumbo v. Dan-Jumbo (1999) 7 KLR (pt 88) 2341; (1999) 11 NWLR (Pt. 627) 445

 

SUCCESSION - Distribution of estate - Onitsha customary law - Of “Usokwu” - Its meaning and application. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

SUCCESSION - Onitsha Customary Law - Of “usokwu” - Is a recognized mode of distribution of property on intestacy - But it is inapplicable to the present case. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

 

SUCCESSION - Proof - Seniority in family line - Claimed by the plaintiffs - Was not proved by them. Okeke v. Agbodike (1999) 12 KLR (pt 91) 2921; (1999) 14 NWLR (Pt. 638) 215

 

SUPREME COURT - Appeals - Concurrent findings of fact - Interference with such findings - When the Supreme Court will so interfere. Enabulele v. Agbonlahor (1999) 3 KLR (pt 79) 649; (1999) 4 NWLR (Pt. 598) 166

 

SUPREME COURT - Appeals - Concurrent findings on facts - The attitude of the Supreme Court - Is not to disturb such findings - Where it is based on the lawful evidence before the lower courts. Kutse v. A-G Plateau State (1999) 2 KLR (pt 78) 459; (1999) 4 NWLR (Pt. 597) 1

 

SUPREME COURT - Appeals - Concurrent Findings - Of fact - Supreme Court will not interfere with such findings - Unless the findings are perverse. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

SUPREME COURT - Appeals - Evidence - Appeals - Admissibility - Objection to the admissibility of evidence - Which was ruled against by the two lower courts - Will not be sustained at the Supreme Court without an improvement on the arguments. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

 

SUPREME COURT - Appeals - Interlocutory appeal - From Court of Appeal to Supreme Court - Now prohibited by statute - Void decisions are not excluded. Ecoconsult Ltd. v. Pancho Villa Ltd. (1999) 1 KLR (pt 76) 179; (1999) 1 NWLR (Pt. 588) 507

 

SUPREME COURT - Appeals - Interlocutory decisions of Court of Appeal - Removal of right of appeal therefrom to Supreme Court - The orders now appealed against are interlocutory decisions. Ecoconsult Ltd. v. Pancho Villa Ltd. (1999) 1 KLR (pt 76) 179; (1999) 1 NWLR (Pt. 588) 507

 

SUPREME COURT - Appeals - Jurisdiction - Leave - To Appeal on a ground of fact or mixed law and fact - Where not sought and obtained - The Supreme Court lacked jurisdiction to entertain the appeal. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

 

SUPREME COURT - Appeals - Power to remit an appeal back to the Court of Appeal - Where it failed to consider the issue raised before it - To do so in the circumstances of the present case - Would be a waste of time. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

 

SUPREME COURT - Competency - Grounds of appeal - How to determine whether a ground of appeal - Is competent - Having regard to the provisions of section 213 of the 1979 Constitution (as amended). Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

 

SUPREME COURT - Concurrent finding of fact - Special circumstance - That will impel the Supreme Court - To interfere with concurrent findings. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

 

SUPREME COURT - Concurrent findings - Circumstances exist - That entitle the Supreme Court to interfere therewith - In this case. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

SUPREME COURT - Concurrent findings of fact - By the two lower courts - When the Supreme Court will interfere with such findings. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

 

SUPREME COURT - Concurrent findings of fact - Of the two lower courts - Attitude of the Supreme Court - To such concurrent findings. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

 

SUPREME COURT - Concurrent findings of fact - Of two lower courts - Attitude of the Supreme Court to such findings. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

 

SUPREME COURT - Concurrent findings of fact - When the Supreme Court will not interfere with such findings. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

 

SUPREME COURT - Decision - Finality of - Once the Supreme Court has effectively decided on a matter before it - And there is no ambiguity to be corrected - It becomes functus officio. Adigun v. Sec. Iwo Local Govt. (1999) 5 KLR (pt 84) 1373; (1999) 8 NWLR (Pt. 613) 30

 

SUPREME COURT - Fresh issue - Which was not raised in the court below - Argument on it - Will not be entertained by the Supreme Court - Except it involves a substantial point of law. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

 

SUPREME COURT - Inherent powers - Of the court - When it can be invoked. Adigun v. Sec. Iwo Local Govt. (1999) 5 KLR (pt 84) 1373; (1999) 8 NWLR (Pt. 613) 30

 

SUPREME COURT - Issue of jurisdiction - Raised as a new issue at the Supreme Court - Although question of jurisdiction can be raised at any time in the proceedings - The proper procedure must be followed. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

 

SUPREME COURT - Judgments - Concurrent findings of fact - Attitude of the Supreme Court - To it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

 

SUPREME COURT - Previous decisions - Departure from - The Supreme Court will only take that course - When it is invited to do so - By the procedure Provided for in Ord .6 r. 5(4) of the Supreme Court Rules 1985 (as amended). Attorney-General Fed. v. Guardian Newspapers Ltd (1999) 5 KLR (pt 84) 1493; (1999) 9 NWLR (Pt. 618) 187

 

SUPREME COURT - Previous judgment - As a result thereof - Plaintiff have no title they could pass to defendant - The foundation on which they built their case having collapsed. Kulobo v. Ikuomola (1999) 9 KLR (pt 90) 2681; (1999) 12 NWLR (Pt. 629) 146

 

SUPREME COURT - Retrial order - Counter claim for damages for breach of contract - Where not considered at all by the lower courts - Retrial of the counter claim - Will be ordered by the Supreme Court. Liman v. Mohammed (1999) 6 KLR (pt 85) 1801; (1999) 9 NWLR (Pt. 617) 116

 

SUPREME COURT - Supreme Court Rules 1985 - Order 8 rule 11 - By that provision - The Court of Appeal was correct - In declining to entertain an application for injunction - Since the appeal against its ruling has been entered at the Supreme Court. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

TORTS - Defamation - Action for defamation - No such action will be maintained - Unless the words complained of have more than their ordinary meaning. Esenowo v. Ukpong (1999) 4 KLR (pt 80) 817; (1999) 6 NWLR (Pt. 608) 611

 

TORTS - Defamation - Words used - Where they reflect the true situation - No libel can be sustained on them. Esenowo v. Ukpong (1999) 4 KLR (pt 80) 817; (1999) 6 NWLR (Pt. 608) 611

 

TORTS - Libel - Limitation period - Publication is what gives the cause of action - The date the plaintiff became aware of the libel about him - Is not relevant in the computation of period of limitation. Emiantor v. The Nigerian Army (1999) 9 KLR (pt 90) 2743; (1999) 12 NWLR (Pt. 631) 362

 

TORTS - Libel - Words & phrases - Libel - What it means. Esenowo v. Ukpong (1999) 4 KLR (pt 80) 817; (1999) 6 NWLR (Pt. 608) 611

 

TORTS - Limitation of action - Damages for libel - Action filed after the period of 6 years - Cannot be enforced - Because the Statute of Limitation removes the right. Emiantor v. The Nigerian Army (1999) 9 KLR (pt 90) 2743; (1999) 12 NWLR (Pt. 631) 362

 

TORTS - Malicious prosecution - Action - Ingredients - To be established in order to succeed - In an action for malicious prosecution. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

TORTS - Malicious prosecution - Burden - On the respondent to establish - That he had a reasonable cause to make the report - When and how it arises. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

TORTS - Malicious Prosecution - Proof - Where the plaintiff had failed to adduce evidence enough in proof of his case - The trial judge has no responsibility - To inquire on whether the defendant had made out a defence. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

 

TORTS - Negligence - Burden of proof - Falls upon the plaintiff who alleges negligence. Alhaji Otaru & Sons Ltd v. Idris (1999) 4 KLR (pt 81) 847; (1999) 6 NWLR (Pt. 606) 330

 

TORTS - Nuisance - Proof - Public nuisance - Constituted by obstruction of the road - What a private person must show - To entitle him to maintain an action. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

TORTS - Road traffic - Negligence and nuisance - What to prove - In order to ground an action in nuisance or negligence. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

 

TRESPASS - Boundary - Trespass alleged by the plaintiffs - They would have to prove that the trespass did take place - In contravention of the new boundary. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

TRESPASS - Claim for trespass - And injunction - Production of plan - Is not essential to a claim for trespass - And an order of injunction can be granted without a plan - Where the identity of the land is certain . Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

 

TRESPASS - Claim - For damages for trespass - Is not dependent on the claim for a declaration of title - As the issues to be determined on the claim for trespass - Are independent to that on the claim for a declaration of title. Ajero v. Ugorji (1999) 7 KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1

 

TRESPASS - Continuing trespass - Where the defendants’ act of building on the plaintiff’s land was unlawful - And the houses have been left on the land - The trespass is a continuing one. Adepoju v. Oke (1999) 3 KLR (pt 79) 531; (1999) 3 NWLR (Pt. 594) 154

 

TRESPASS - Findings on trespass - Consequent upon such findings there must be a verdict of perpetual injunction - And an award of damages. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

TRESPASS - Issue estoppel - In continuing trespass - Successive action can be brought from time to time in respect of its continuance - Issue estoppel does not arise. Adepoju v. Oke (1999) 3 KLR (pt 79) 531; (1999) 3 NWLR (Pt. 594) 154

 

TRESPASS - Judgments - Findings on trespass - By the trial court - Which is supported by the pleadings and evidence - Ought not to have been disturbed by the Court of Appeal. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

 

TRESPASS - Land law - Trespass and injunction - Where from the pleadings the issue of title to the land in dispute was involved - For plaintiffs to succeed - They had the burden to show a better title to the land. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

 

TRESPASS - Land Use Act - Rights of occupancy - Deemed holder - Under s. 36 (2) of the Land Use Act - A trespasser cannot claim to be holder of land - For the purpose of s. 36(2). Teniola v. Olohunkun (1999) 4 KLR (pt 80) 753; (1999) 5 NWLR (Pt. 602) 280

 

TRESPASS - Possession - Right to enter - Where the plaintiffs have been found to be in possession of the land in dispute - And the defendant had not established his right to enter any part of that land - He cannot make an issue of the failure of the plaintiff - To demarcate any part of the land - As that on which he should not enter. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

 

TRESPASS - Possession - Where the plaintiffs have been in possession all the time - Acts of trespass by the defendants - Should not have been elevated to acts of possession. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

 

TRESPASS - Proof - Trespass alleged against the appellants - Where not proved from the evidence - Appellants cannot be found liable. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

 

TRESPASS - Title - Better title having been shown by the 5th respondent - It cannot be regarded as a trespasser - Unto damages being awarded against it. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

TRESPASS - Title - Having been established in the plaintiff’s favour - His claim for damages for trespass and injunction will succeed. Adebo v. Saki Estates Ltd (1999) 5 KLR (pt 83) 1197; (1999) 7 NWLR (Pt. 612) 525

 

WAIVER - Company law - Receiver - Irregularity - In the issue of receipt - Can be waived - In view of the circumstances of this case. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

 

WILLS - Caveat - Appropriate steps - To be taken - After the entry of caveat. Dan-Jumbo v. Dan-Jumbo (1999) 7 KLR (pt 88) 2341; (1999) 11 NWLR (Pt. 627) 445

 

WILLS - Probate - Caveat - Grant of probate - After the entry of caveat - The caveator was entitled to be put on notice - Before proceeding to make the grant. Dan-Jumbo v. Dan-Jumbo (1999) 7 KLR (pt 88) 2341; (1999) 11 NWLR (Pt. 627) 445

 

WILLS - Stay of execution - Appeal - Probate of a will - Granted when appeal had been lodged - Was irregular - And there was no necessity to apply for a stay of execution - As the will was still in litigation. Dan-Jumbo v. Dan-Jumbo (1999) 7 KLR (pt 88) 2341; (1999) 11 NWLR (Pt. 627) 445

WORDS & PHRASES - “Appeal has been entered” - What the phrase means. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

 

WORDS & PHRASES - “Caveat” - What it means. Dan-Jumbo v. Dan-Jumbo (1999) 7 KLR (pt 88) 2341; (1999) 11 NWLR (Pt. 627) 445

WORDS & PHRASES - “Die” - In section 37 (1) of Decree No. 3 of 1999 - It’s meaning and purport. P.D.P. v. INEC (1999) 7 KLR (pt 89) 2487; (1999) 11 NWLR (Pt. 626) 200

 

WORDS & PHRASES - “Chief” - How properly defined and its connotations. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

WORDS & PHRASES - “Facts in issue” - Definition - Precise meaning of the words. Koiki v. Magnusson (1999) 5 KLR (pt 84) 1457; (1999) 8 NWLR (Pt. 615) 492

 

WORDS & PHRASES - “Forfeiture” - The Ordinary meaning of the word. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

WORDS & PHRASES - Libel - What it means. Esenowo v. Ukpong (1999) 4 KLR (pt 80) 817; (1999) 6 NWLR (Pt. 608) 611

 

WORDS & PHRASES - “Liquidated damages” and “penalty” - Are interchangeable terms. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

 

WORDS & PHRASES - “May” - In provisions of statutes - How properly construed. Adesola v. Abidoye (1999) 12 KLR (pt 93) 3183; (1999) 14 NWLR (Pt. 637) 28

 

WORDS & PHRASES - “Person having interest” - Under s. 222 (a) of the 1979 constitution - Means a person who has suffered a legal grievance. SGBN Ltd v. Afekoro (1999) 7 KLR (pt 89) 2419; (1999) 11 NWLR (Pt. 628) 521

 

WORDS & PHRASES - “Person” - How properly defined. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

 

WORDS & PHRASES - “Pronounced” - Under s. 258 (2) of the 1979 Constitution - The judicial interpretation of the word. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

 

WORDS & PHRASES - Originating Summons - Definition - And use of originating summons. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

WORDS & PHRASES - Pleadings - What it is - And how to properly frame. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

 

WORDS & PHRASES - Possession in law - What it means - And what constitutes evidence of possession. Ajero v. Ugorji (1999) 7 KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1

 

WORDS & PHRASES - Subject to contract - Use of the phrase - Cannot frustrate a finally concluded contract - And the merit of the phrase - Should always be open to the Court to decide. Int. Textile Ind. Ltd v. Aderemi (1999) 6 KLR (pt 85) 1675; (1999) 8 NWLR (Pt. 614) 268

 

WRIT OF SUMMONS - Actions - Commencement - Originating summons and writ of summons - Vital distinction - Between both of them. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

WRIT OF SUMMONS - Declaratory relief - The principle in Wellersteiner’s case - The application of the principle - Is limited to cases initiated by a writ of summons. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

 

WRIT OF SUMMONS - Service of processes - An amended original writ - By the addition or substitution of a party thereto - Ought to be seen as the equivalent of a new writ issued against that party - And to be served according to the service rules. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

WRIT OF SUMMONS - Sheriffs and Civil Process Act - The provisions of ss. 97, 98 and 99 - Their combined effect - Is to make the writ in the instant case one for service outside the jurisdiction - Which must allow for thirty days for the defendant to appear. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

 

ACTIONS - Commencement of action - Under the Fundamental Rights provisions - Objection raised by the pleadings of the defence - Is right. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

ACTIONS - Dismissal - Where a Court has no jurisdiction to hear and determine a matter - The proper order to make is that of striking out the action and not dismissing it. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

ACTIONS - Hearing - Contempt of Court - Right to be heard - The general rule - Is that a person in contempt cannot be heard - Or take proceeding in the same cause - Exceptions to the rule. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

ACTIONS - Legal right - Injunctions - Application - For injunction - the Court will not grant it - To the applicant who has no established legal right to protect. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

ACTIONS - Locus standi - Is a condition precedent - To any action before a court of Law - And ought to be decided at the earliest stage of the proceedings. Waziri v. Danboyi (1999) 4 KLR (pt 80) 833 CA

 

ACTIONS - Locus standi - Where evidence has not been taken - Can only be decided on the statement of claim - And the statute creating the cause of action. Waziri v. Danboyi (1999) 4 KLR (pt 80) 833 CA

 

ADJOURNMENT - Refusal of the application - Without just cause or reason - Amounted to a wrong exercise of judicial discretion. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

AFFIDAVITS - Damages - Award of - Applicable principle - It is not the law - That where there is no counter-affidavit as in the instant case - Then the claim must be deemed to have been accepted. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

AFFIDAVITS - Evidence - Affidavit which has not been counted - Facts deposed to in such an affidavit - Would be deemed to be true. Rakol Clinic & Maternity Hosp. v. S.F.I Co. Ltd. (1999) 5 KLR (pt 83) 1361 CA

 

AFFIDAVITS - Validity - Need to comply with the provisions of the Oaths Act - Failure to use exact word prescribed - Will not render affidavit invalid. Lonestar Drilling Ltd v. Triveni Eng. & Ind. (1999) 1 KLR (pt 76) 223 CA

 

APPEALS - Court of Appeal Act, 1976 - Provisions of s. 18 - By virtue of it an appeal neither operates as a stay of execution - Nor does it prescribe in favour of an execution. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

APPEALS - Criminal procedure - Where because of the erroneous procedure adopted by court - It cannot be said that the evidence led by Prosecution was properly considered - A Court of Appeal will set aside or reverse the judgment. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

APPEALS - Fair hearing - Default judgment - Complaints by the appellants that they were not given an opportunity to be heard - The Courts are wont to listen to such complaints - As it is an important point of law. Rakol Clinic & Maternity Hosp. v. S.F.I Co. Ltd. (1999) 5 KLR (pt 83) 1361 CA

 

APPEALS - Leave to appeal - Against the refusal of the lower court to award costs - Failure to obtain leave - Renders the ground of appeal and the issue raised thereon incompetent. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

CLAIMS - Special damages - Award of - Applicable principle - It is not the law - That where there is no counter-affidavit as in the instant case - Then the claim must be deemed to have been accepted. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

CONSTITUTIONAL LAW - Fair hearing - The principle - Does not mean the court should do the impossible - Where the tribunal gives the parties - Chance to address it on the issues raised - The appellant’s right to fair hearing has not been infringed. Waziri v. Danboyi (1999) 4 KLR (pt 80) 833 CA

 

CONSTITUTIONAL LAW - Fair trial of an accused - Is guaranteed by s. 33 (b) (a) of the Constitution and s. 215 of the CPL. - For a proper trial - The provisions ought to be complied with. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

CONSTITUTIONAL LAW - Fundamental rights - Enforcement - Claim for the return of the property seized by the Police - Action commenced under the Fundamental Rights (Enforcement Procedure) Rules - Is proper. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

CONSTITUTIONAL LAW - Judgments - S. 41 of the Land Use Act - Decision in Oyeniran v. Egbetola - Was given per incuriam s. 236 of the 1979 constitution. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

CONSTITUTIONAL LAW - Jurisdiction - Unlimited Jurisdiction - Of the State High Court - S. 41 of the Land Use Act cannot limit the unlimited jurisdiction of the High Court - As entrenched in s. 236(1) of the constitution. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

CONTEMPT OF COURT - Contemnor - The applicant having filed an appeal - And an application for a stay of execution of the orders of the lower court - Cannot rightly be said to be in contempt of the said orders. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

CONTEMPT OF COURT - Definition and classification - How to distinguish between a criminal and civil contempt. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

CONTEMPT OF COURT - Right to be heard - The general rule - Is that a person in contempt cannot be heard - Or take proceeding in the same cause - Exceptions to the rule. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

COST - Leave to appeal - Against the refusal of the lower court to award costs - Failure to obtain leave - Renders the ground of appeal and the issue raised thereon incompetent. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

COURTS - Adjournment - Refusal of the application - Without just cause or reason - Amounted to a wrong exercise of judicial discretion. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

COURTS - Concurrent Jurisdiction - The High court has concurrent jurisdiction with Area or Customary Court - In respect of matters falling within s. 41 of the Land Use Act 1978. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

COURTS - Criminal procedure - Prima facie case - Under s. 286 Criminal Procedure Act - It was the duty of the trial judge at the close of prosecution’s case - To consider expressly whether a “prima facie” case was made out - On the evidence tendered by the prosecution. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

COURTS - Criminal procedure - Trial - Where the trial judge called for “Address” - Instead of calling upon the respondents for their defence as required under section 287(1) (a) and (b) of the Criminal Procedure Act - This constitutes a serious irregularity which greatly impaired the conduct of the trial. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

COURTS - Criminal Procedure Act - Provisions of sections 286 and 287 - Failure to comply with them - And the other irregularities - Have seriously impaired the trial - That the judgment ought not to stand. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

COURTS - Dismissal - Where a Court has no jurisdiction to hear and determine a matter - The proper order to make is that of striking out the action and not dismissing it. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

COURTS - Expert evidence - Where the evidence given by the expert witnesses did not pass the legal requirement - Rejection of their evidence by the trial judge was right. Ogiale v. Shell Pet. Dev. Co. (Nig.) Ltd. (1999) 5 KLR (pt 82) 1133 CA

 

COURTS - Fair hearing - The principle - Does not mean the court should do the impossible - Where the tribunal gives the parties - Chance to address it on the issues raised - The appellant’s right to fair hearing has not been infringed. Waziri v. Danboyi (1999) 4 KLR (pt 80) 833 CA

 

COURTS - Injunctions - Application - For injunction - the Court will not grant it - To the applicant who has no established legal right to protect. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

COURTS - Jurisdiction - Land Use Act 1978 - Provisions of s. 41 - The intention of the statute - Is not to confine the original jurisdiction over customary right of occupancy - To Area Courts or Customary Courts alone. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

CRIMINAL LAW - Conspiracy and stealing - Where the prosecution adduced evidence in proof of all the essential ingredients of the offences of conspiracy and stealing - It is sufficient to sustain a prima facie case. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

CRIMINAL PROCEDURE - Appeals - Where because of the erroneous procedure adopted by court - It cannot be said that the evidence led by Prosecution was properly considered - A Court of Appeal will set aside or reverse the judgment. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

CRIMINAL PROCEDURE - Arraignment - Plea of the accused - Was properly secured in this case - In full compliance with s. 33 (b) (a) of the Constitution and s. 215 CPL. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

CRIMINAL PROCEDURE - Doubt - As to who killed the deceased - To be of any import ought to be a reasonable doubt. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

CRIMINAL PROCEDURE - Expert’s opinion - Are admissible on a subject - Upon which competence to form an opinion - Can only be acquired by a course of special study or experience. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

CRIMINAL PROCEDURE - Fair trial of an accused - Is guaranteed by s. 33 (b) (a) of the Constitution and s. 215 of the CPL. - For a proper trial - The provisions ought to be complied with. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

CRIMINAL PROCEDURE - Identification parade - Is not necessary - Where the witness knew the accused previously. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

CRIMINAL PROCEDURE - Murder - Defences available to accused - Duty of court to consider them - Is limited to such defences that fairly arose from the evidence. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

CRIMINAL PROCEDURE - Prima facie case - Under s. 286 Criminal Procedure Act - It was the duty of the trial judge at the close of prosecution’s case - To consider expressly whether a “prima facie” case was made out - On the evidence tendered by the prosecution. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

CRIMINAL PROCEDURE - Proof beyond reasonable doubt - Is a basic necessity - The degree need not reach certainty - But must carry a high degree of probability. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

CRIMINAL PROCEDURE - Statement from the dock - Being unsworn - Is not evidence that can be cross examined - But the jury can give to it such weight as they think fit. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

CRIMINAL PROCEDURE - Trial - Provisions of sections 286 and 287 CPA - Failure to comply with them - And the other irregularities - Have seriously impaired the trial - That the judgment ought not to stand. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

CRIMINAL PROCEDURE - Trial - Statements Obtained from accused persons by the police in the course of their investigations - And are admitted during trial - Constitute evidence which the court will take account of - In considering whether or not a prima facie case has been made out by the prosecution. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

CRIMINAL PROCEDURE - Trial - Where the trial judge called for “Address” - Instead of calling upon the respondents for their defence as required under section 287(1) (a) and (b) of the Criminal Procedure Act - This constitutes a serious irregularity which greatly impaired the conduct of the trial. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

CRIMINAL PROCEDURE - Words & Phrases - “ No case” or “no prima facie case” - What it means. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

CROSS EXAMINATION - Statement from the dock - Being unsworn - Is not evidence that can be cross examined - But the jury can give to it such weight as they think fit. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

DAMAGES - General damages - Award of general damages - Care must be taken not to make unreasonable award. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

DAMAGES - Special damages - Award of - Applicable principle - It is not the law - That where there is no counter-affidavit as in the instant case - Then the claim must be deemed to have been accepted. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

DAMAGES - Special damages - The rule - Is that special damages are items of loss - Which the plaintiff must particularize in his pleadings - And these must be strictly proved. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

ELECTION PETITION - Decree No. 6 of 1999 - Provisions of S. 59 - Can not be cut down by the rules of the Federal High Court - The duty on the court under the section - Is to allow an applicant to inspect the documents in possession of the Chief Electoral Officer. Falae v. Obasanjo (No.1) (1999) 4 KLR (pt 81) 1013 CA

 

ELECTION PETITION - Lapse of time - The tribunal cannot go one day - Beyond the period specified by Law - And if it does the proceedings will become a nullity. Waziri v. Danboyi (1999) 4 KLR (pt 80) 833 CA

 

ELECTION PETITION - Non Compliance - Address for service - Failure to mention the occupier - Is not fatal - And should not make the petition incompetent. Waziri v. Danboyi (1999) 4 KLR (pt 80) 833 CA

 

EVIDENCE - Admissibility - Team of experts - In different but related fields of study - Joint report - Tendered by one of them - Is admissible - Exception thereto. Ogiale v. Shell Pet. Dev. Co. (Nig.) Ltd. (1999) 5 KLR (pt 82) 1133 CA

 

EVIDENCE - Affidavit - Defect in form - Should not vitiate the affidavit - By virtue of S. 84 of the Evidence Act. Falae v. Obasanjo (No.1) (1999) 4 KLR (pt 81) 1013 CA

 

EVIDENCE - Affidavit - Which has not been countered - Facts deposed to in such an affidavit - Would be deemed to be true. Rakol Clinic & Maternity Hosp. v. S.F.I Co. Ltd. (1999) 5 KLR (pt 83) 1361 CA

 

EVIDENCE - Affidavits - Need to comply with the provisions of the Oaths Act - Failure to use exact word prescribed - Will not render affidavit invalid. Lonestar Drilling Ltd v. Triveni Eng. & Ind. (1999) 1 KLR (pt 76) 223 CA

 

EVIDENCE - Burden of Proof - Averment of the appellants that was not admitted by the respondent - The burden was on the appellants to Prove their averment. Ogiale v. Shell Pet. Dev. Co. (Nig.) Ltd. (1999) 5 KLR (pt 82) 1133 CA

 

EVIDENCE - Criminal procedure - Proof beyond reasonable doubt - Is a basic necessity - The degree need not reach certainty - But must carry a high degree of probability. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

EVIDENCE - Criminal procedure - Trial - Statements Obtained from accused persons by the police in the course of their investigations - And are admitted during trial - Constitute evidence which the court will take account of - In considering whether or not a prima facie case has been made out by the prosecution. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

EVIDENCE - Criminal procedure - Where because of the erroneous procedure adopted by court - It cannot be said that the evidence led by Prosecution was properly considered - A Court of Appeal will set aside or reverse the judgment. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

EVIDENCE - Evaluation of evidence - Expert evidence - Where the evidence given by the expert witnesses did not pass the legal requirement - Rejection of their evidence by the trial judge was right. Ogiale v. Shell Pet. Dev. Co. (Nig.) Ltd. (1999) 5 KLR (pt 82) 1133 CA

 

EVIDENCE - Expert - The duty of the expert - Is to furnish the Judge with the necessary scientific criteria for testing his conclusion - Otherwise his evidence would be valueless. Ogiale v. Shell Pet. Dev. Co. (Nig.) Ltd. (1999) 5 KLR (pt 82) 1133 CA

 

EVIDENCE - Expert - Who an expert is - And the correct test of the relevance of an expert’s opinion. Ogiale v. Shell Pet. Dev. Co. (Nig.) Ltd. (1999) 5 KLR (pt 82) 1133 CA

 

EVIDENCE - Expert witnesses - Admissibility - Opinion of experts on Scientific Matters - Is admissible. Ogiale v. Shell Pet. Dev. Co. (Nig.) Ltd. (1999) 5 KLR (pt 82) 1133 CA

 

EVIDENCE - Expert’s opinion - Are admissible on a subject - Upon which competence to form an opinion - Can only be acquired by a course of special study or experience. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

EVIDENCE - Hearsay - Team of experts - Joint report produced by them - Evidence based on the report given by one of them - Is not hearsay in respect of those not called as witnesses - But admissible evidence. Ogiale v. Shell Pet. Dev. Co. (Nig.) Ltd. (1999) 5 KLR (pt 82) 1133 CA

 

EVIDENCE - Identification parade - Is not necessary - Where the witness knew the accused previously. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

EVIDENCE - Locus Standi - Where evidence has not been taken - Can only be decided on the statement of claim - And the statute creating the cause of action. Waziri v. Danboyi (1999) 4 KLR (pt 80) 833 CA

 

EVIDENCE - Murder - Defences available to accused - Duty of court to consider them - Is limited to such defences that fairly arose from the evidence. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

EVIDENCE - Proof - Special damages - The rule - Is that special damages are items of loss - Which the plaintiff must particularize in his pleadings - And these must be strictly proved. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

EVIDENCE - Statement from the dock - Being unsworn - Is not evidence that can be cross examined - But the jury can give to it such weight as they think fit. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

EVIDENCE - Witnesses - Expert - The expert called as a witness must give his qualifications and experience - Before he begins to give his evidence. Ogiale v. Shell Pet. Dev. Co. (Nig.) Ltd. (1999) 5 KLR (pt 82) 1133 CA

 

EXPERT’S OPINION - Evidence - Expert’s opinion are admissible on a subject - Upon which competence to form an opinion - Can only be acquired by a course of special study or experience. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

EXPERT’S OPINION - Evidence - Who an expert is - And the correct test of the relevance of an expert’s opinion. Ogiale v. Shell Pet. Dev. Co. (Nig.) Ltd. (1999) 5 KLR (pt 82) 1133 CA

 

EXPERT’S OPINION - Expert witnesses - Admissibility - Opinion of experts on Scientific Matters - Is admissible. Ogiale v. Shell Pet. Dev. Co. (Nig.) Ltd. (1999) 5 KLR (pt 82) 1133 CA

 

FAIR HEARING - The principle - Does not mean the court should do the impossible - Where the tribunal gives the parties - Chance to address it on the issues raised - The appellant’s right to fair hearing has not been infringed. Waziri v. Danboyi (1999) 4 KLR (pt 80) 833 CA

 

FUNDAMENTAL RIGHTS - Actions - Commencement of action - Under the Fundamental Rights provisions - Objection raised by the pleadings of the defence - Is right. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

FUNDAMENTAL RIGHTS - Enforcement - Claim for the return of the property seized by the Police - Action commenced under the Fundamental Rights (Enforcement Procedure) Rules - Is proper. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

FUNDAMENTAL RIGHTS - Fair hearing - Default judgment - Complaints by the appellants that they were not given an opportunity to be heard - The Courts are wont to listen to such complaints - As in it an important point of law. Rakol Clinic & Maternity Hosp. v. S.F.I Co. Ltd. (1999) 5 KLR (pt 83) 1361 CA

 

IDENTIFICATION PARADE - Necessity - Identification parade is not necessary - Where the witness knew the accused previously. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

INJUNCTIONS - Application - For injunction - the Court will not grant it - To the applicant who has no established legal right to protect. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

INTERPRETATION OF STATUTES - Electoral Decree No 6 of  1999 - Interpretation of - The court must look for guidance primarily within the four walls of the Decree - Exceptions thereto. Falae v. Obasanjo (No.1) (1999) 4 KLR (pt 81) 1013 CA

 

INTERPRETATION OF STATUTES - Land Use Act 1978 - Provisions of s. 41 - The intention of the statute - Is not to confine the original jurisdiction over customary right of occupancy - To Area Courts or Customary Courts alone. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

INTERPRETATION OF STATUTES - Phrases - S. 41 of the Land Use Act 1978 - The import of the phrase “ or other court of equivalent jurisdiction “ inserted in the section. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

JUDGMENTS - Criminal Procedure Act - Provisions of sections 286 and 287 - Failure to comply with them - And the other irregularities - Have seriously impaired the trial - That the judgment ought not to stand. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

JUDGMENTS - Dismissal - Where a Court has no jurisdiction to hear and determine a matter - The proper order to make is that of striking out the action and not dismissing it. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

JUDGMENTS - Order - Retrial - The interest of justice required that this is an appropriate case - In which a retrial should be ordered. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

JUDGMENTS - Orders - The test - Between declaratory orders of court. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

JUDGMENTS - S. 41 of the Land Use Act - Decision in Oyeniran v. Egbetola - Was given per incuriam s. 236 of the 1979 constitution. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

JUDICIAL PRECEDENTS - Supreme Court's decision - In Sadikwu v. Dalori and Oyeniran v. Egbetola - Are binding under the principle of stare decisis. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

JURISDICTION - Concurrent jurisdiction - The High court has concurrent jurisdiction with Area or Customary Court - In respect of matters falling within s. 41 of the Land Use Act 1978. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

JURISDICTION - Judgments - Dismissal - Where a Court has no jurisdiction to hear and determine a matter - The proper order to make is that of striking out the action and not dismissing it. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

JURISDICTION - Unlimited Jurisdiction - Of the State High Court - S. 41 of the Land Use Act cannot limit the unlimited jurisdiction of the High Court - As entrenched in s. 236(1) of the constitution. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

LAND USE ACT - Interpretation - Land Use Act 1978 - Provisions of s. 41 - The intention of the statute - Is not to confine the original jurisdiction over customary right of occupancy - To Area Courts or Customary Courts alone. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

LAND USE ACT - Interpretation - S. 41 of the Land Use Act 1978 - The import of the phrase “ or other court of equivalent jurisdiction “ inserted in the section. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

LAND USE ACT - Jurisdiction - The High court has concurrent jurisdiction with Area or Customary Court - In respect of matters falling within s. 41 of the Land Use Act 1978. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

LAND USE ACT - S. 41 of the Land Use Act - Decision in Oyeniran v. Egbetola - Was given per incuriam s. 236 of the 1979 constitution. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

LOCUS STANDI - Evidence - Issue of locus Standi - Where evidence has not been taken - Can only be decided on the statement of claim - And the statute creating the cause of action. Waziri v. Danboyi (1999) 4 KLR (pt 80) 833 CA

 

LOCUS STANDI - Issue of locus - Is a condition precedent - To any action before a court of Law - And ought to be decided at the earliest stage of the proceedings. Waziri v. Danboyi (1999) 4 KLR (pt 80) 833 CA

 

MURDER - Defences available to accused - Duty of court to consider them - Is limited to such defences that fairly arose from the evidence. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

MURDER - Proof - Doubt - As to who killed the deceased - To be of any import ought to be a reasonable doubt. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

ORDERS - Contempt - Contemnor - The applicant having filed an appeal - And an application for a stay of execution of the orders of the lower court - Cannot rightly be said to be in contempt of the said orders. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

ORDERS - Judgments - Orders - The test - Between declaratory orders of court. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

ORDERS - Retrial - The interest of justice required that this is an appropriate case - In which a retrial should be ordered. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

ORDERS - Stay - Consequential order - An executory order be it consequential or collateral can be stayed - But the order in the instant case is not consequential. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

ORDERS - Stay - Declaratory orders - A stay of execution cannot be granted in declaratory order - Except in respect of an executory order. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

PARTIES - Fair hearing - The principle - Does not mean the court should do the impossible - Where the tribunal gives the parties - Chance to address it on the issues raised - The appellant’s right to fair hearing has not been infringed. Waziri v. Danboyi (1999) 4 KLR (pt 80) 833 CA

 

PLEADINGS - Actions - Commencement of action - Under the Fundamental Rights provisions - Objection raised by the pleadings of the defence - Is right. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

PLEADINGS - Damages - Special damages - The rule - Is that special damages are items of loss - Which the plaintiff must particularize in his pleadings - And these must be strictly proved. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

PRACTICE & PROCEDURE - Adjournment - Refusal of the application - Without just cause or reason - Amounted to a wrong exercise of judicial discretion. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

PRACTICE & PROCEDURE - Costs - Leave to appeal - Against the refusal of the lower court to award costs - Failure to obtain leave - Renders the ground of appeal and the issue raised thereon incompetent. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

PRACTICE & PROCEDURE - Hearing - Contempt of Court - Right to be heard - The general rule - Is that a person in contempt cannot be heard - Or take proceeding in the same cause - Exceptions to the rule. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

PRACTICE & PROCEDURE - Locus Standi - Where evidence has not been taken - Can only be decided on the statement of claim - And the statute creating the cause of action. Waziri v. Danboyi (1999) 4 KLR (pt 80) 833 CA

 

PRACTICE & PROCEDURE - Stay of proceedings - Principles to be considered - Applicant’s mere apprehension of incomplete realization of its loss - Is not sufficient to warrant the grant. Lonestar Drilling Ltd v. Triveni Eng. & Ind. (1999) 1 KLR (pt 76) 223 CA

 

PROPERTY LAW - Fundamental rights - Enforcement - Claim for the return of the property seized by the Police - Action commenced under the Fundamental Rights (Enforcement Procedure) Rules - Is proper. A.C.B. v. Okonkwo (1999) 2 KLR (pt 77) 373 CA

 

RETRIAL - Judgments - The interest of justice required that this is an appropriate case - In which a retrial should be ordered. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

STEALING - Conspiracy and stealing - Where the prosecution adduced evidence in proof of all the essential ingredients of the offences of conspiracy and stealing - It is sufficient to sustain a prima facie case. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

STATUTES - Court of Appeal Act, 1976 - Provisions of s. 18 - By virtue of it an appeal neither operates as a stay of execution - Nor does it prescribe in favour of an execution. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

STATUTES - Criminal procedure - Arraignment - Plea of the accused - Was properly secured in this case - In full compliance with s. 33 (b) (a) of the Constitution and s. 215 CPL. Aladu v. The State (1999) 1 KLR (pt 76) 233 CA

 

STATUTES - Decree No 6 of 1999 - The intention of the makers - Is to make the process of the Presidential election transparent - And allow any person who is dissatisfied - To have a ready access to the electoral documents in the possession of INEC. Falae v. Obasanjo (No.1) (1999) 4 KLR (pt 81) 1013 CA

 

STATUTES - Interpretation - Land Use Act 1978 - Provisions of s. 41 - The intention of the statute - Is not to confine the original jurisdiction over customary right of occupancy - To Area Courts or Customary Courts alone. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

STATUTES - Interpretation - S. 41 of the Land Use Act 1978 - The import of the phrase “ or other court of equivalent jurisdiction “ inserted in the section. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

STATUTES - Oaths Act - Affidavits - Need to comply with the provisions of the Oaths Act - Failure to use exact word prescribed - Will not render affidavit invalid. Lonestar Drilling Ltd v. Triveni Eng. & Ind. (1999) 1 KLR (pt 76) 223 CA

 

STAY OF EXECUTION - Appeals - Court of Appeal Act, 1976 - Provisions of s. 18 - By virtue of it an appeal neither operates as a stay of execution - Nor does it prescribe in favour of an execution. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

STAY OF EXECUTION - Application - For stay of execution pending appeal - Vital principles - Which guide the courts in determining such an application. Rakol Clinic & Maternity Hosp. v. S.F.I Co. Ltd. (1999) 5 KLR (pt 83) 1361 CA

 

STAY OF EXECUTION - Application - For stay of execution - Special circumstances - When found to exist. Rakol Clinic & Maternity Hosp. v. S.F.I Co. Ltd. (1999) 5 KLR (pt 83) 1361 CA

 

STAY OF EXECUTION - Application - For stay of execution - What the court must consider. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

STAY OF EXECUTION - Application - Special circumstances - There does not exist one invariable way of showing special circumstances - To warrant a stay of execution. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

STAY OF EXECUTION - Consequential order - An executory order be it consequential or collateral can be stayed - But the order in the instant case is not consequential. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

STAY OF EXECUTION - Declaratory orders - A stay of execution cannot be granted in declaratory order - Except in respect of an executory order. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

STAY OF EXECUTION - Grant of - The principle governing the grant of stay of execution. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

STAY OF EXECUTION - Requirements - Recondite point of law - What it means. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

STAY OF EXECUTION - Res - Duty to preserve - The Court has a duty to preserve the res - To ensure that the appeal if successful is not rendered nugatory. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

STAY OF EXECUTION - Res - Nature of - The res in an action which a court has inherent power to preserve - May be tangible or intangible. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

STAY OF EXECUTION - Status quo - Preserving any property in status quo - Presupposes the existence of an uncontested status quo - Preceding the pending controversy. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

STAY OF EXECUTION - Status quo - The facts of the instant case and justice - Dictate maintenance of the status quo ante litem - Pending the determination of the appeal. Doma v. Ogiri (1999) 2 KLR (pt 78) 487 CA

 

STAY OF PROCEEDINGS - Principles to be considered - Applicant’s mere apprehension of incomplete realization of its loss - Is not sufficient to warrant the grant. Lonestar Drilling Ltd v. Triveni Eng. & Ind. (1999) 1 KLR (pt 76) 223 CA

 

SUPREME COURT - Judicial precedent - The decisions of the Supreme Court - In Sadikwu v. Dalori and Oyeniran v. Egbetola - Are binding under the principle of stare decisis. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

WORDS & PHRASE - Interpretation - S. 41 of the Land Use Act 1978 - The import of the phrase “ or other court of equivalent jurisdiction “ inserted in the section. Nelson v. Ebanga (1999) 1 KLR (pt 75) 69 CA

 

WORDS & PHRASES - “No case” or “no prima facie case” - What it means. State v. Amechi (1999) 1 KLR (pt 75) 99 CA

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

KINGS LAW REPORTS COMPREHENSIVE INDEX