INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

initially lies on the plaintiff - The proof or rebuttal of issues which arise in the course of proceedings - May shift from the plaintiff to the defendant and vice versa. Itauma v. Akpe-Ime (2000) 7 KLR (pt 109) 2797; (2000) 12 NWLR (Pt. 680) 156

ACTIONS - Cause and proceedings - High Court Law of Lagos State s.60 - By that provision all civil and criminal causes and proceedings in the High Court - Shall so far as is practicable - Be heard and disposed of by a single judge. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

ACTIONS - Cause of action - How defined. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

ACTIONS - Cause of action - Security for damages - Belongs to adjectival law - It is not a cause of action sufficient to ground a claim - Unless provided by a statute. Messrs. Nv Scheep v. The Mv "S.Araz" (2000) 12 KLR (pt 110) 2979; (2000) 15 NWLR (Pt. 691) 622

ACTIONS - Cause of action - Security for damages - Belongs to adjectival law - It is not a cause of action sufficient to ground a claim - Unless provided by a statute. Messrs. Nv Scheep v. The Mv "S.Araz" (2000) 12 KLR (pt 110) 2979; (2000) 15 NWLR (Pt. 691) 622

ACTIONS - Cause of action - What it means. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

ACTIONS - Claim - Debt - Defence - It is not enough for the defendant to show a case of hardship - Nor a mere inability to pay. Cotia Importacao S.A. v. Sanusi Bros. (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

ACTIONS - Claim - Evidence - Uncontroverted evidence - Where the plaintiff's claim by the pleadings and evidence remained uncontroverted - He is entitled to judgment. Elema v. Akenzua (2000) 6 KLR (pt 107) 2345; (2000) 13 NWLR (Pt. 683) 92

ACTIONS - Claim - Specially endorsed writ - Defence - Legal Objection - Where legal objection is raised - The fact and the point of law arising therefrom - Must be clearly and adequately stated Cotia Importacao S.A. v. Sanusi Bros. (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

ACTIONS - Competence of action - Statute bar - Makes an action incompetent and divests Court of jurisdiction. Araka v. Ejeagwu (2000) 12 KLR (pt 111) 3161; (2000) 15 NWLR (Pt. 692) 684

ACTIONS - Consolidation - Common question of law or fact - Where there was no question of law or fact common to all the cases - The order of consolidation was erroneously made. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

ACTIONS - Consolidation - Counter claim - Where in two suits neither of which can be said to be a counter claim to the other - Or that a third party proceedings arose - It was wrong to consolidate the two suits. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

ACTIONS - Consolidation - Evidence - The consolidation of two actions does not render the evidence tendered in one ipso facto evidence in the other. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

ACTIONS - Consolidation - Irregularity - Where the learned trial judge consolidated the suits suo motu and without hearing the parties on it - And also settled the issues suo motu with out reference to them - It cannot be said that a miscarriage of justice was not occasioned. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

ACTIONS - Consolidation - Order of - Circumstances under which consolidation may be ordered. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

ACTIONS - Consolidation - Order of consolidation - Refusal of - Circumstances that will militate against consolidation of two or more pending actions. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

ACTIONS - Consolidation - Suit not pending before the trial judge - It was wrong to consolidate it with the other two suits properly pending before him. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

ACTIONS - Constitution of an action - Where the only defendants were sued in a particular capacity - That was found to be improper - The action would be struck out - For being improperly constituted. Ayorinde v. Oni (2000) 2 KLR (pt 95) 217; (2000) 3 NWLR (Pt. 649) 348

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

ACTIONS - Contract - Breach of Contract - Venue for trial - Onus to establish - Is on the person who asserts. University Press Ltd v. I. K. Martins Nig. Ltd (2000) 2 KLR (pt 97) 519; (2000) 4 NWLR (Pt. 654) 584

ACTIONS - Contract - Pleadings - Reasonable cause of action - A pleading which contains averments that there has been a breach of contract - Sufficiently serious to justify a claim that the plaintiff is no more bound by the contract - Cannot be said not to disclose a reasonable cause of action. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

ACTIONS - Contracts - Breach of contract - When the cause of action accrues - And when the period of limitation begins to run. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

ACTIONS - Counter claim - Admission and available evidence - Entitles respondent to succeed in its counter claim. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

ACTIONS - Counter claim - Being an independent action - Success of the main claim - Does not automatically mean that the counter claim must fail. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

ACTIONS - Counter claim - Separate consideration thereof - Is not necessary - Where determination of issues in the main claim - Were sufficient to dispose of the counter claim. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

ACTIONS - Damages - Assessment of damages - Nature of claim - Before a court can commence a meaningful assessment of damages - It must be sure of the nature of the claim. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

ACTIONS - Damages - Breach of contract - Measure of damages - In an action for breach of contract - The measure of damages is the loss flowing naturally from the breach. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

ACTIONS - Declaration - Discretionary remedy - Time to exercise a discretion whether to grant a declaration - Is upon a trial of the suit. Dantata v. Mohammed

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

(2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

ACTIONS - Declarations - Reasonable cause of action - What the Court should consider in order to determine - Whether the statement of claim has disclosed a reasonable cause of action. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

ACTIONS - Declaratory judgments - Cause of action - Claim for a declaration is itself a cause of action - And what would entitle a plaintiff to a declaration is a claim which the court is prepared to recognise. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

ACTIONS - Deconsolidation - Where an order of consolidation is made - And it turns out at the trial that the order should not have been made - The actions should be deconsolidated. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

ACTIONS - Demurrer - Amended pleading - Where the time limited for delivering an amended statement of defence has not elapsed - It is competent for the defendant to raise a demurrer. Mobil Oil (Nigeria) PLC v. IAL 36 INC. (2000) 4 KLR (pt 100) 999; (2000) 6 NWLR (Pt. 659) 146

ACTIONS - Demurrer - Application procedure - A party who chooses to proceed by way of demurrer - Cannot superimpose on it a procedure of his own making. Mobil Oil (Nigeria) PLC v. IAL 36 INC. (2000) 4 KLR (pt 100) 999; (2000) 6 NWLR (Pt. 659) 146

ACTIONS - Demurrer - Plea of - A defendant has an option to make a demurrer in appropriate cases - But he does not have the option to do so - After issues have been joined by delivery of defence. Mobil Oil (Nigeria) PLC v. IAL 36 INC. (2000) 4 KLR (pt 100) 999; (2000) 6 NWLR (Pt. 659) 146

ACTIONS - Estoppel - Document- Where a document which was solely relied upon to found estoppel - Was made after the happening of the accident upon which the action arose - The document cannot work as an estoppel. Ehidimhen v. Musa (2000) 4 KLR (pt 102) 1323; (2000) 8 NWLR (Pt. 669) 540

ACTIONS - Estoppel per rem judicatam - Plea of - For the plea to succeed - What the party relying on it must establish. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

ACTIONS - Estoppel - Transit in rem judicatam - What it means. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

ACTIONS - Ex debito justitiae - A remedy ex debito justitiae - What it means. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

ACTIONS - Improperly constituted action - Two alternatives are open to the Supreme Court - In the circumstances of this case - Striking out is the preferred alternative. Ayorinde v. Oni (2000) 2 KLR (pt 95) 217; (2000) 3 NWLR (Pt. 649) 348

ACTIONS - Improperly constituted action - Various options open to an appellate court - As set out in a previous Supreme Court decision. Ayorinde v. Oni (2000) 2 KLR (pt 95) 217; (2000) 3 NWLR (Pt. 649) 348

ACTIONS - Islamic law - Procedure - Action - Proper plaintiff - It is not always necessary that a litigant who complains first before the court - Shall always be the plaintiff - It is the judge based on the facts of the case that decides who is to be the plaintiff. Jiddun v. Abuna (2000) 10 KLR (pt 110) 2879; (2000) 14 NWLR (Pt. 686) 209

ACTIONS - Issues - raised in subsequent High Court Action - During the pendency of a magistrate's Court action - The High Court issues being more and in view their nature - The more convenient court is the High Court. The Registered Trustees of the Living Christ Mission v. Aduba (2000) 2 KLR (pt 95) 191; (2000) 3 NWLR (Pt. 647) 14

ACTIONS - Jurisdiction - High Court - Stare decisis - The decision in Sadikwu v. Dalori - There is nothing decided in that case - That is authority on which to rely - To determine the question which has arisen in the present case. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

ACTIONS - Jurisdiction - Law applicable to an action - Is the law existing at the time the cause of action arose. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

ACTIONS - Juristic person - Representative action - It is enough if the group or class of persons sought to be represented - Are easily identifiable and have a common purpose. Akindipe v. C.O.P (2000) 5 KLR (pt 103) 1523

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

ACTIONS - Land law - Previous proceeding - That is not between same parties - Is usually inadmissible - But such non inter partes previous judgment - Is admissible in proof of acts of possession - And can operate as estoppel by conduct or standing by. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

ACTIONS - Legal practitioners - Bill of charge - Action to recover - Certain conditions must be observed. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

ACTIONS - Locus standi - Constitution of 1979 - Provisions of section 6 (6) (b) - Interpretation of - In Adesanya case - That case did not decide that the subsection prescribes the locus standi of a litigant - But that it prescribes the extent of the judicial powers of the courts. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

ACTIONS - Locus standi - Declaratory reliefs - Sufficient interest - A plaintiff who only claims declaratory reliefs - If he shows sufficient interest in the subject matter of the dispute - Has the necessary locus standi to prosecute the claim. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

ACTIONS - Locus standi - Lack of - Consequence - Where a Plaintiff has no Locus standi - It is not necessary to consider whether there is a genuine case on the merits. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

ACTIONS - Locus standi - Non suit - Order of non suit is not appropriate in a case - Where the plaintiffs have been found not to have a standing to bring the action. Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

ACTIONS - Locus standi - Private law - Cause of action - In Private law the question of locus standi - Is merged in the issue of cause of action. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

ACTIONS - Locus standi - Public right - Justiciable interest - For a person to invoke judicial power to determine the constitutionality of legislative or executive action - He must show that he has justiciable interest - Which may

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

be affected by the action. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

ACTIONS - Locus standi - Question of - Yard stick in determining - The interest or injury test should remain the yardstick in determining the question of the locus standi of a complainant - And the test is not affected by section 6(6)(b) of the Constitution. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

ACTIONS - Locus standi - Trespass - Action for - Where from the statement of claim - The plaintiffs have prima facie shown that they are in exclusive possession - They have legal capacity to invoke the jurisdiction of court under section 6 (6) (b) of the 1999 Constitution. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

ACTIONS - Locus standi - What the term denotes Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

ACTIONS - Notice - Preaction notice - Form of the notice - Place of abode of the plaintiff - Is not material to the notice Amadi v. NNPC (2000) 6 KLR (pt 106) 2085; (2000) 10 NWLR (Pt. 674) 76

ACTIONS - Notice - Preaction notice - Purpose of the notice - Is not to put hazards in the way of bringing litigation Amadi v. NNPC (2000) 6 KLR (pt 106) 2085; (2000) 10 NWLR (Pt. 674) 76

ACTIONS - Notice - Preaction notice - While the issuance of notice by a prospective plaintiff is mandatory - The particulars to be included in the notice are directory Amadi v. NNPC (2000) 6 KLR (pt 106) 2085; (2000) 10 NWLR (Pt. 674) 76

ACTIONS - Order - Striking out - Case heard to conclusion - It is unusual to strike out a civil case which has been heard to conclusion - Except where the court later found that it has no jurisdiction - Or where the plaintiff lacks locus standi. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

ACTIONS - Parties - Joinder of - No cause or matter shall be defeated by reason of the non-joinder of parties - It is only where a person is a necessary Party that his joinder becomes essential. Ifeanyi Chukwu (Osondu) Co. Ltd v. Soleh Boneh Nig. Ltd (2000) 3 KLR (pt 98) 647; (2000) 5 NWLR (Pt. 656) 322

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

ACTIONS - Parties - Necessary Party - Duty of a Plaintiff - Is to bring to court a party whose presence is crucial to the resolution of the case Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

ACTIONS - Party - Proper party - Where there is no evidence to connect a party with the cause of action - That party is not a proper party to the action. Ehidimhen v. Musa (2000) 4 KLR (pt 102) 1323; (2000) 8 NWLR (Pt. 669) 540

ACTIONS - Pendency of two similar actions in separate courts - Though the later action raises more issues - Ulterior motive aimed at abusing court process - Must be ruled out in determining the more convenient court. The Registered Trustees of the Living Christ Mission v. Aduba (2000) 2 KLR (pt 95) 191; (2000) 3 NWLR (Pt. 647) 14

ACTIONS - Pleading - Striking out - Application for pleading to be struck out - Under Order 22 Rule 4 of the High Court of Lagos Civil Procedure Rules 1972 - The rule will not apply where one has to go to extrinsic evidence to show that the pleading is bad. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

ACTIONS - Pleadings - Reasonable cause of action - Since evidence has been adduced - The important question is whether the pleadings justify a verdict for the party - And not whether it disclosed a reasonable cause of action. Olorunfemi v. Asho (2000) 1 KLR (pt 94) 45; (2000) 2 NWLR (Pt. 643) 143

ACTIONS - Pleadings - Statement of claim - Reasonable cause of action - In considering whether a pleading discloses a reasonable cause of action - Only the allegations in the Writ of Summons and the statement of claim are examined. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

ACTIONS - Reasonable cause of action - What is means. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

ACTIONS - Relief claimed - Where based on satisfaction of several conditions - Satisfying only one condition is futile. African Insurance Development Corporation v. Nigeria LGN Limited (2000) 2 KLR (pt 97) 469; (2000) 4 NWLR (Pt. 653) 494

ACTIONS - Relief - Jurisdiction - Where an action is brought solely to obtain relief - Which the court has no power to grant - The Statement of claim will be

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

struck out and the action dismissed. Akindipe v. C.O.P (2000) 5 KLR (pt 103) 1523

ACTIONS - Relief not claimed - Or a grant in excess of what is claimed - Should not be awarded by the court. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

ACTIONS - Relief not claimed - Power of the court to grant such relief - A plaintiff cannot obtain a relief - Which he did not expressly claim in the statement of claim. A-G Federation v. A.I.C. Limited (2000) 6 KLR (pt 105) 1777; (2000) 10 NWLR (Pt. 675) 293

ACTIONS - Relief not claimed - Was wrongfully awarded by the Court of Appeal. Afrotec Ltd v. Mia & Sons Ltd (2000) 12 KLR (pt 112) 3259; (2000) 15 NWLR (Pt. 692) 730

ACTIONS - Relief - Not claimed by a party - A Court has no jurisdiction to grant such a relief. Akinterinwa v. Oladunjoye (2000) 4 KLR (pt 99) 753; (2000) 6 NWLR (Pt. 659) 92

ACTIONS - Relief - Which was not claimed - A court has no jurisdiction to make an Order - Which was not pleaded or prayed for - Such order will be annulled on appeal. Ifabiyi v. Adeniyi (2000) 5 KLR (pt 103) 1505; (2000) 6 NWLR (Pt. 662) 532

ACTIONS - Reliefs - Reformulation of by the court - It is not competent for the judge suo motu to make a case for the parties - Other than that which was set up by them. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

ACTIONS - Res judicata - Plea of - Application of - The plea operates not only against the parties - But also against the jurisdiction of the court itself. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

ACTIONS - Res judicata - Public policy rule - Requires that no one be vexed twice - And that there should be an end to litigation. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

ACTIONS - Retrial - Proper order - Claim that was not properly constituted - The action would not be struck out in the present case - Since the Plaintiff could

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

easily apply to join the defendant's family at a retrial - Without much amendment Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

ACTIONS - Retrospective Statute - Edict No. 2 of 1992 - SS. 1 and 2 thereof - Could not properly be given a retrospective effect - So as to defeat the vested or substantive right of action in the respondent - Prevailing at the time he filed the suit. Adesanoye v. Adewole (2000) 5 KLR (pt 103) 1441; (2000) 9 NWLR (Pt. 671) 127

ACTIONS - Striking out - Trade marks - Breach - Right to protect one's trade mark - Where not yet matured - The action was rightly struck out. Dyktrade Ltd v. Omnia Ltd (2000) 7 KLR (pt 108) 2511; (2000) 12 NWLR (Pt. 680) 1

ACTIONS - Suo motu formulation of a case by the court - It is wrong for the learned trial judge to hold - That the Respondent in the instant case is the District head - When that was not the issue before him. Ifabiyi v. Adeniyi (2000) 5 KLR (pt 103) 1505; (2000) 6 NWLR (Pt. 662) 532

ACTIONS - Title to land - Claim for declaration of title - Exact extent of the land - Failure to prove the exact extent of the land - The action should be dismissed and not non-suited. Iordye v. Ihyambe (2000) 12 KLR (pt 111) 3069; (2000) 15 NWLR (Pt. 692) 675

ACTIONS - Tort - Joint tortfeasors - The person injured may sue any or both of the tortfeasors. Ifeanyi Chukwu (Osondu) Co. Ltd v. Soleh Boneh Nig. Ltd (2000) 3 KLR (pt 98) 647; (2000) 5 NWLR (Pt. 656) 322

ACTIONS - Tort - Vicarious liability - The plaintiff must establish the liability of the servant - In order to succeed against the master. Ifeanyi Chukwu (Osondu) Co. Ltd v. Soleh Boneh Nig. Ltd (2000) 3 KLR (pt 98) 647; (2000) 5 NWLR (Pt. 656) 322

ACTIONS - Triable issue - Affidavit filed by the appellant - Raised a plausible defence. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

ACTIONS - Venue - For trial - How to determine question of venue. University Press Ltd v. I. K. Martins Nig. Ltd (2000) 2 KLR (pt 97) 519; (2000) 4 NWLR (Pt. 654) 584

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

ADMINISTRATION OF ESTATES - Administrators - Letters of Administration - Application for the grant of - Where the Plaintiffs sought an order to enable them obtain grant of letters of administration - The fact that the 1st and 2nd defendants have been added by the court - To join them in the administration of the estate - Would not prejudice the relief they sought. Dejonwo v. Dejonwo (2000) 3 KLR (pt 98) 611

ADMINISTRATION OF ESTATES - Beneficiaries - Pronouncements by the Courts - On who is or is not entitled as beneficiary to the estate - Are of no consequence - Since they are outside the purview of the question before the courts. Dejonwo v. Dejonwo (2000) 3 KLR (pt 98) 611

ADMINISTRATIVE LAW - Chieftaincy matters - Removal of chief - The authority to remove a traditional ruler is the governor Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

ADMINISTRATIVE LAW - Decision - As envisaged under s. 277 (1) of the 1979 Constitution - Does not include an application taken administratively - From which an appeal will not arise under s. 220(1) of same Constitution. Dike v. Aduba (2000) 2 KLR (pt 95) 203; (2000) 3 NWLR (Pt. 647) 1

ADMINISTRATIVE LAW - Judicial review - Detention order - Subjective discretion - Section 1 (i) of Decree No. 11 of 1994 - From that provision there is no obligation on the authority issuing detention orders - To disclose reasons in the manner he exercises his subjective discretion. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

ADMINISTRATIVE LAW - Oral evidence - Proof - Oral instruction - Given by a Chief Executive to a subordinate - Can be proved by oral evidence. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

ADMINISTRATIVE LAW - Retirement - Statutory Powers - Under section 4 (2) of the Pensions Act - A public Body invested with statutory Powers - Must act within the law. Psychiatric Hospital v. Ejitagha (2000) 6 KLR (pt 107) 2323; (2000) 11 NWLR (Pt. 677) 154

ADMIRALTY - Jurisdiction of High Court - Cannot be invoked for sole purpose of obtaining security for subsequent award in foreign jurisdiction - But for enforcement of claim arising out of an arbitral award. Messrs. Nv Scheep v. The

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

Mv "S.Araz" (2000) 12 KLR (pt 110) 2979; (2000) 15 NWLR (Pt. 691) 622

ADMIRALTY - Jurisdiction of High Court - Cannot be invoked for sole purpose of obtaining security for subsequent award in foreign jurisdiction - But for enforcement of claim arising out of an arbitral award. Messrs. Nv Scheep v. The Mv "S.Araz" (2000) 12 KLR (pt 110) 2979; (2000) 15 NWLR (Pt. 691) 622

ADMIRALTY - Statutes - Admiralty Jurisdiction Act 1991 - S.102(a) & (b) is different from S.26 U.K. Civil Jurisdiction and Judgment Act 1982. Messrs. Nv Scheep v. The Mv "S.Araz" (2000) 12 KLR (pt 110) 2979; (2000) 15 NWLR (Pt. 691) 622

AFFIDAVITS - Appeals - Where the issues are clear - And there is no serious contradiction in the affidavit evidence - Oral evidence will be unnecessary. Odedeyi v. Odedeyi (2000) 2 KLR (pt 96) 401; (2000) 3 NWLR (Pt. 650) 655

AFFIDAVITS - Conflict - Documentary evidence - Where the facts pleaded have been adequately supported by relevant documentary evidence - It does not require the calling of oral evidence - To resolve the conflict in the affidavit evidence. Cotia Importacao S.A. v. Sanusi Brothers (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

AFFIDAVITS - Intrinsic contradictions - In the affidavits filed by a party - The contradictions do not call for the hearing of oral evidence - In order to resolve them. Momah v. Vab Petroleum Inc. (2000) 2 KLR (pt 97) (2000) 2 KLR (pt 97) 543; (2000) 4 NWLR (Pt. 654) 534

AFFIDAVITS - Summary judgment - Triable issue - Affidavit filed by the appellant - Raised a plausible defence. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

AFFIDAVITS - Summary judgments - Defence on the merit - Defendant's affidavit - Must as far as possible deal specifically with the plaintiff's claim - And should also clearly and concisely state what the defence is. Cotia Importacao S.A. v. Sanusi Brothers (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

AGENCY - Sale of goods - Unpaid seller's right of lien - Was rightly exercised by the seller - In seizing the machinery - Though the seller was acting as the buyer's agent. Afrotec Ltd v. Mia & Sons Ltd (2000) 12 KLR (pt 112) 3259; (2000)

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

15 NWLR (Pt. 692) 730

AGREEMENTS - Collateral agreement - Which contravenes section 13 of the Agricultural Credit Scheme Fund Act 1977 - Is void and illegal. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

AGREEMENTS - Contracts - Illegality - Collateral agreement - Which contravenes section 13 of the Agricultural Credit Scheme Fund Act 1977 - Is void and illegal. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

AGREEMENTS - Documents - Written agreement - Parties are bound by the contents - Of any written agreement duly executed by them. Anyaegbunam v. Osaka (2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

ALIBI - Not investigated - Is not fatal unless accused adduces evidence in its support. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

ALIBI - Time to raise - Must be raised at the earliest opportunity and evidence adduced. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

APPEALS - Actions - Improperly constituted action - Various options open to an appellate court - As set out in a previous Supreme Court decision. Ayorinde v. Oni (2000) 2 KLR (pt 95) 217; (2000) 3 NWLR (Pt. 649) 348

APPEALS - Actions - Relief not claimed - Was wrongfully awarded by the Court of Appeal. Afrotec Ltd v. Mia & Sons Ltd (2000) 12 KLR (pt 112) 3259; (2000) 15 NWLR (Pt. 692) 730

APPEALS - Actions -Stay of proceedings - Made by the Court of Appeal - In respect of the subsequent High Court action - Was wrong - As the action was not tainted with mala fides. The Registered Trustees of the Living Christ Mission v. Aduba (2000) 2 KLR (pt 95) 191; (2000) 3 NWLR (Pt. 647) 14

APPEALS - Amendment - Application for leave to amend the notice of appeal - Towards ensuring that the real question is dealt with - Should be granted. Alsthom S.A. v. Saraki (2000) 4 KLR (pt 102) 1395; (2000) 14 NWLR (Pt. 687) 415

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Amendment - Power as to - The Court of Appeal can order an amendment of a Writ or Pleadings as the High Court could have done - However the Court would only grant such an amendment - So as to bring the pleadings in line with evidence already led. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

APPEALS - Amendments - Fresh issue - Motion for amendments in this matter - Did not raise any fresh issue. Alsthom S.A. v. Saraki (2000) 11 KLR (pt 110) 2919; (2000) 14 NWLR (Pt. 687) 415

APPEALS - Appealable matters - Anambra State High Court Rules 1988 - Transfer of a case from one court to another thereunder - Is merely administrative - And does not require court proceedings Dike v. Aduba (2000) 2 KLR (pt 95) 203; (2000) 3 NWLR (Pt. 647) 1

APPEALS - Appellate Court - Function of - The appellate Court is concerned only with correcting the errors of law or fact - Alleged in the decision of the trial court. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

APPEALS - Appellate Court - Record of appeal - It is the duty of an appellate court to consider - All the pieces of evidence forming part of the record before it. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

APPEALS - Briefs of appeal - Consideration of an abandoned brief by the Court of Appeal - Instead of the amended brief - Means failure to hear appellant's case. Tunbi v. Opawole (2000) 1 KLR (pt 94) 69; (2000) 2 NWLR (Pt. 644) 275

APPEALS - Claim - Amendment - That is designed to create a suit that was not in existence - Will not be permissible. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

APPEALS - Concurrent finding of facts - Shall not be interfered with except if found to be perverse. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

APPEALS - Concurrent findings of fact - Attitude of the Supreme Court to such findings - Onus is on the appellant to establish that injustice has been done to him by such findings. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Concurrent findings of fact - For such findings to be interfered with - Exceptional circumstances must be shown. Echi v. Nnamani (2000) 5 KLR (pt 104) 1685; (2000) 8 NWLR (Pt. 667) 1

APPEALS - Concurrent findings of fact - When the Supreme Court will not interfere with such findings. Emeagwara v. Star Printing (2000) 5 KLR (pt 104) 1711; (2000) 10 NWLR (Pt. 679) 489

APPEALS - Concurrent findings of facts - Attitude of the Supreme Court to such findings Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

APPEALS - Concurrent findings - Will not be disturbed by the Supreme Court - Unless special circumstances exist. Okulate v. Awosanya (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32219; (2000) 2 NWLR (Pt. 646) 530

APPEALS - Concurrent findings - Wrong conclusion - Where there is no support for the findings of the trial court - And the Court of Appeal reached a wrong conclusion in the matter - The findings would not rise to the effect of concurrent findings. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

APPEALS - Court - Amendment - Exercise of discretion - The court will not exercise its discretion - If nothing will be achieved in the circumstances. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

APPEALS - Court - Conduct of public officers - Comments on - A court is entitled to comment on the despicable conduct of public officers - To serve as a deterrent to other public officers. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

APPEALS - Court - Discretion - Interference with - Where the trial judge acted judicially and judiciously - It will be improper to interfere with the exercise of his discretion. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

APPEALS - Court of Appeal - Issues - Duty to make pronouncement on all issues placed before it. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Court of Appeal - Issues - When the court may not pronounce on all the issues placed before it. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

APPEALS - Courts - Discretionary powers - Will not be disturbed by appellate Court - Unless the exercise of that discretion is wrongful. Biocon Ltd v. Kudu Holding Ltd (2000) 12 KLR (pt 112) 3231; (2000) 15 NWLR (Pt. 691) 493

APPEALS - Cross appeal - Judgment - A party who has not cross appealed - Cannot question the judgment in the first action Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

APPEALS - Cross appeal - Supreme Court - Power - In an appropriate occasion as in the present case - The combined provisions of order 8 rules 2 & 12 of the Supreme Court Rules - Will be invoked notwithstanding that there was no cross appeal - To ensure the determination on the merits of the real question in controversy between the parties. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

APPEALS - Customary law - Customary Court of Appeal - Improper constitution of - Such an issue cannot be said to have raised a question of customary law. Pam v. Gwom (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 322

APPEALS - Customary law - Misdirection of fact - Ground of appeal - Which complains of misdirection of fact by the trial court - Does not raise a question of customary law - And is incompetent. Pam v. Gwom (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 322

APPEALS - Delay - To appeal within the prescribed time - Counsel's error of judgment - If reasonable - Is an acceptable explanation for such delay. Shanu v. Afribank (2000) 10 KLR (pt 110) 2901; (2000) 13 NWLR (Pt. 684) 392

APPEALS - Discretion of lower Court - Will not be interfered with except if exercised on wrong principles or mistake of law. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

APPEALS - Essence of an appeal - Is to show that the decision appealed from - Is wrongly made and should be set aside or varied. Alsthom S.A. v. Saraki (2000) 4 KLR (pt 102) 1395; (2000) 14 NWLR (Pt. 687) 415

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Evaluation of evidence - Where evidence is purely documentary - The Supreme Court is in a good position as the lower courts - To examine the entire evidence - And arrive at a different conclusion. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

APPEALS - Evidence - Circumstantial evidence - Inferences - To be drawn from such evidence - Are rebuttable - But where such evidence is not rebutted - Finding of the trial court should not be interfered with by an appellate court. Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

APPEALS - Evidence - Evaluation - Miscarriage of justice - Failure to adequately evaluate evidence - Where the failure complained of is with respect to matters not affecting the determination of the case - There is no miscarriage of justice Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

APPEALS - Evidence - Evaluation of evidence - Misconception of case - Judgment that was fundamentally flawed - By the Court's misconception of the plaintiff's case - And failure to accept or reject the evidence of a witness - Cannot be allowed to stand. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

APPEALS - Evidence - Evaluation of evidence - The phrase `'l believe" - When used by a trial judge is not final or conclusive - There must be a reason for believing one witness and disbelieving the other. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

APPEALS - Evidence - Evaluation of - The evaluation of evidence and the ascription of probative value to such evidence - Are the primary functions of the trial court - And where such court unquestionably evaluates the evidence - It is not the business of the appellate Court to interfere. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

APPEALS - Evidence - Further evidence - Grounds upon which further evidence can be allowed. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

APPEALS - Evidence - Reevaluation of evidence - By an appellate Court - Does not mean copious reproduction of such evidence. Iordye v. Ihyambe (2000) 12 KLR (pt 111) 3069; (2000) 15 NWLR (Pt. 692) 675

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Extension of time to appeal - What to consider under 0.2 r. 31 (2) (d) Supreme Court Rules - Is whether the grounds prima facie show good cause. Alsthom S.A. v. Saraki (2000) 4 KLR (pt 102) 1395; (2000) 14 NWLR (Pt. 687) 415

APPEALS - Failure to appeal - Does not unequivocally indicate an acceptance of a decision. Shanu v. Afribank (2000) 10 KLR (pt 110) 2901; (2000) 13 NWLR (Pt. 684) 392

APPEALS - Fair hearing - Denial of - Where counsel had an opportunity to be heard - But chose to be silent - He cannot complain that he was not given a fair hearing. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

APPEALS - Fair hearing - Erroneous striking out of 3 of the appellants' grounds of appeal in this case - Does not amount to denial of fair hearing - As the court below decided the case on its merit - Though appellants wrongfully argued grounds instead of issues. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

APPEALS - Finding of fact of trial Court - Will not be interfered with - as circumstances for such interference do not exist. Oshatoba v. Olujitan (2000) 2 KLR (pt 96) 379; (2000) 5 NWLR (Pt. 655) 159

APPEALS - Findings of fact - Of trial courts - Interference with - Where such findings are inferences from findings properly made - The Court of Appeal is in as good a position as the trial court to come to a decision The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

APPEALS - Findings of fact - That are supported by evidence - will not be disturbed by the appellate Court. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

APPEALS - Findings of fact - Were wrongfully disturbed by the Court of Appeal - As there was no basis for doing so. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

APPEALS - Ground of appeal - Amendment - Discretion to grant - Is liberally exercised in so far as an amendment can be made without injustice to the other party - And is not belated. Shanu v. Afribank (2000) 10 KLR (pt 110) 2901; (2000)

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

13 NWLR (Pt. 684) 392

APPEALS - Ground of appeal - Amendment - Refusal of - The court should refuse an amendment where such an amended ground would have itself been objectionable - For any of the reasons for which successful objection could be raised against such ground. Shanu v. Afribank (2000) 10 KLR (pt 110) 2901; (2000) 13 NWLR (Pt. 684) 392

APPEALS - Ground of appeal - Can be abandoned or deemed abandoned by the appellant - If no issue is raised to cover the ground. Araka v. Ejeagwu (2000) 12 KLR (pt 111) 3161; (2000) 15 NWLR (Pt. 692) 684

APPEALS - Ground of appeal - Incompetence - Ground of appeal not supported by any issue is incompetent - And argument based on it goes to no issue Amadi v. NNPC (2000) 6 KLR (pt 106) 2085; (2000) 10 NWLR (Pt. 674) 76

APPEALS - Ground of appeal - Issues - Not based on any ground of appeal - The court would have acted in error if it has countenanced those issues Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

APPEALS - Ground of appeal - Merit of - The question of the merit of a ground of appeal - Is to be distinguished from one as to the nature of question involved in the ground. Shanu v. Afribank (2000) 10 KLR (pt 110) 2901; (2000) 13 NWLR (Pt. 684) 392

APPEALS - Ground of appeal - Omnibus ground of appeal - The meaning, scope and impact of the Omnibus ground of appeal. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

APPEALS - Ground of appeal - Question of law alone - Is involved where in answering that question - The appellate tribunal can determine the issue on the admitted facts - Without going beyond a direct application of legal principles. Shanu v. Afribank (2000) 10 KLR (pt 110) 2901; (2000) 13 NWLR (Pt. 684) 392

APPEALS - Ground of appeal - Question of Law - Obligation imposed by law - Where the ground of appeal complains that the tribunal has failed to fulfil an obligation cast upon it by law - Such a ground involves a question of law Shanu v. Afribank (2000) 10 KLR (pt 110) 2901; (2000) 13 NWLR (Pt. 684) 392

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Ground of appeal - Which is not a ground of law - Leave of the court would be required to appeal on it Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

APPEALS - Grounds of appeal - Abandonment - Cannot be presumed where issues have been raised on them and arguments proffered on them. Araka v. Ejeagwu (2000) 12 KLR (pt 111) 3161; (2000) 15 NWLR (Pt. 692) 684

APPEALS - Grounds of appeal - Alleging an error and misdirection - Will only be incompetent where it is vague. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

APPEALS - Grounds of appeal - Impeachment of grounds of facts or mixed law and facts - Must be specifically pointed out by counsel - The court has no duty to pick and choose which grounds to impeach. Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

APPEALS - Grounds of appeal - Issue not covered by any ground - And for which no leave was obtained - Will be struck out. Oshatoba v. Olujitan (2000) 2 KLR (pt 96) 379; (2000) 5 NWLR (Pt. 655) 159

APPEALS - Grounds of appeal - Issues - Must be based on grounds of appeal or will not be considered by the Court. Araka v. Ejeagwu (2000) 12 KLR (pt 111) 3161; (2000) 15 NWLR (Pt. 692) 684

APPEALS - Grounds of appeal - Striking out - Grounds that disclose the precise nature of the appellant's complaint - Should not be struck out - Though it did not conform to a particular form. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

APPEALS - Hearing - Notice of Hearing - Hearing of an appeal on a date fixed for interlocutory motion - When the parties had not been notified of the hearing - Is erroneous. Wema Bank Nig. v. Odulaja (2000) 3 KLR (pt 98) 697; (2000) 7 NWLR (Pt. 663) 1

APPEALS - Hearing of an appeal - When no process was served - Showing that the appeal had been fixed for hearing on that day - Renders the proceeding a nullity. Wema Bank Nig. v. Odulaja (2000) 3 KLR (pt 98) 697; (2000) 7 NWLR (Pt. 663) 1

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Injunctions - Failure of - Injunction will fail if ancillary declaration on which it is based is set aside on appeal. Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

APPEALS - Interference - Judgment - Finding of fact - Which is supported by evidence - Will be interfered with - When miscarriage of justice will be perpetrated. Igbi v. The State (2000) 2 KLR (pt 97) 485; (2000) 3 NWLR (Pt. 648) 169

APPEALS - Interlocutory appeal - Dispensing therewith pending final appeal - Under O. 8 r. 12 (4) of Supreme Court Rules - Depends on the question raised in the interlocutory decision. Shanu v. Afribank (2000) 10 KLR (pt 110) 2901; (2000) 13 NWLR (Pt. 684) 392

APPEALS - Interlocutory applications - It is neater to dispose of all interlocutory applications- Before embarking on appeal. Alsthom S.A. v. Saraki (2000) 11 KLR (pt 110) 2919; (2000) 14 NWLR (Pt. 687) 415

APPEALS - Irregularity - Such as misstating of the actual year of Judgment - Will not vitiate the appeal - As no miscarriage of justice was occasioned. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

APPEALS - Issue - Fresh issue - No such fresh issue shall be entertained - Without the leave of the court having been obtained. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

APPEALS - Issue - Incompetence - Issue argued without a supporting ground of appeal - The consequence is that both the issue and the argument founded on it - Ought to be discountenanced by the court. Adesanoye v. Adewole (2000) 5 KLR (pt 103) 1441; (2000) 9 NWLR (Pt. 671) 127

APPEALS - Issue - Incompetent issue - An issue for the determination of appeal - Must relate to and be distilled from any of the grounds of appeal - If it does not it is incompetent and must be struck out. Garba v. The State (2000) 4 KLR (pt 100) 1035; (2000) 6 NWLR (Pt. 661) 378

APPEALS - Issue - Incompetent issue - Any issue or argument which has no ground of appeal to support it - Is not only incompetent but completely valueless. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Issue - Omnibus ground of appeal - Issue reframed by the Court of Appeal - Where it is amply covered by the Omnibus ground of appeal before the court - It is proper. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

APPEALS - Issue - Order of consolidation - Made by the trial judge suo motu - And without giving the parties an opportunity to address the court on it - The issue can be raised on appeal. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

APPEALS - Issues - Abstract issues - Are of no use in an appeal Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

APPEALS - Issues - Appeal court must consider all issues raised - Save where a consideration of one issue is enough - To dispose of the appeal. Tunbi v. Opawole (2000) 1 KLR (pt 94) 69; (2000) 2 NWLR (Pt. 644) 275

APPEALS - Issues - Court of Appeal - Failure to consider all the issues placed before it - Is erroneous. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

APPEALS - Issues - Court of Appeal - Power to formulate issues - The Court of Appeal has the power to formulate an issue for determination suo motu - So long as it is satisfied that the issues - As framed by the parties would not lead to a proper determination of the appeal - And the issue thus raised is covered by the grounds of appeal filed. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

APPEALS - Issues - Failure to pronounce on all material issues - The Appellant must establish that the failure to give a decision on the issues - Led to a miscarriage of justice The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

APPEALS - Issues for determination - Competence of - They must come from the grounds - And the grounds must be judgment of the court - Otherwise the issues will be incompetent as in this case. Biocon Ltd v. Kudu Holding Ltd (2000) 12 KLR (pt 112) 3231; (2000) 15 NWLR (Pt. 691) 493

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Issues - Formulation of issues - It is not permissible to formulate more than one issue from a ground of appeal - Even though several grounds of appeal can be covered by one issue for determination Akindipe v. C.O.P (2000) 5 KLR (pt 103) 1523

APPEALS - Issues - Framing of - Issues for determination may be framed by the parties or by the court - But the issues must at all times be related to the grounds of appeal filed. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

APPEALS - Issue - Incompetence - An appellate Court can only hear and decide on issues raised on the grounds of appeal filed before it - And an issue not covered by the ground of appeal is incompetent. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

APPEALS - Issues - Function of - The issues for determination in an appeal - Accentuate the grounds of appeal in the light of the errors alleged. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

APPEALS - Issues - Ground of appeal - Issue that was intrinsic - To determining whether the order being challenged was properly made - The issue was properly raised without the need for a ground of appeal on it. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

APPEALS - Issues - Incompetence - Ruling that was not appealed against - Issues which seek to question that ruling - Are incompetent and ought to be struck out. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

APPEALS - Issues - Must be based on the decision of the lower Court. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

APPEALS - Issues - New issue - Where any issue is being raised for the first time before the Supreme Court - The prerequisite to do so is leave of that court. Salami v. Mohammed (2000) 6 KLR (pt 106) 2073; (2000) 9 NWLR (Pt. 673) 469

APPEALS - Issues - Purpose of - The main purpose of the formulation of issues for determination - Is to enable the parties to narrow the issues in controversy. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Issues raised - Are to be argued and not grounds of appeal - The lower court adequately considered issue 2 raised by the appellants. Oshatoba v. Olujitan (2000) 2 KLR (pt 96) 379; (2000) 5 NWLR (Pt. 655) 159

APPEALS - Issues - Relating to jurisdiction of trial Court - May be raised in the supreme court for the first time. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

APPEALS - Issues - Suo motu raising of issue - That was not covered by any ground of appeal - Was wrongful and occasioned a miscarriage of justice - The issue so raised will be struck out. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

APPEALS - Judgment - Court - Failure to State reasons for its conclusion - The judgment would not be set aside - Merely for failure of the trial court to state reasons. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

APPEALS - Judgment - Decision of a trial court - If it is not challenged in an appeal to the court of Appeal - Such a decision must not be disturbed. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

APPEALS - Judgment - Finding - Interference with - Where there is no evidence of exceptional circumstance - To justify an appellate court disturbing the finding - It will be affirmed. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

APPEALS - Judgment - Finding of fact - Which was made as a result of inference - How to impugn such finding. Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

APPEALS - Judgment - Finding - Which is supported by overwhelming evidence adduced at the trial - Would be affirmed Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

APPEALS - Judgment - Findings that are perverse - The appellate court will interfere with such findings The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Judgment - Findings - Unsupported by any legal evidence - Is perverse and erroneous - And cannot be allowed to stand. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

APPEALS - Judgment - Interlocutory order - From which there has been no appeal - This does not preclude the order being questioned in an appeal against the final judgment - By virtue of order 3 rule 22 of the Court of Appeal rules. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

APPEALS - Judgment - Issues - An intermediate court should endeavour to resolve all issues put before it. Ifeanyi Chukwu (Osondu) Co. Ltd v. Soleh Boneh Nig. Ltd (2000) 3 KLR (pt 98) 647; (2000) 5 NWLR (Pt. 656) 322

APPEALS - Judgment - Necessity of having void judgment set aside on appeal - Is mandatory - Seeing that a judgment remains valid - Until it is set aside on appeal. Babatunde v. Olatunji (2000) 2 KLR (pt 96) 361; (2000) 2 NWLR (Pt. 646) 557

APPEALS - Judgment - Miscarriage of justice - Where the facts relied on by the appellant are not relevant - There is nothing that can suggest a miscarriage of justice. Akinmoju v. The State (2000) 4 KLR (pt 99) 809; (2000) 6 NWLR (Pt. 662) 608

APPEALS - Judgment - Misdirection - Where the court did not rely on the misdirection - It did not occasion any miscarriage of justice. Franchal Nig. Ltd v. Nigeria Arab Bank Ltd (2000) 6 KLR (pt 105) 1849; (2000) 9 NWLR (Pt. 671) 1

APPEALS - Judgment - Mistakes - Only mistakes that affected the decision appealed against - Will result in the appeal being allowed. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

APPEALS - Judgment - Nullity - A court that is competent when it heard an appeal - Its decision could be wrong but certainly not a nullity. Jiddun v. Abuna (2000) 10 KLR (pt 110) 2879

APPEALS - Judgment - Obiter dictum - Ground of appeal - A court's obiter can never constitute an appealable ground of appeal. University Press Ltd v. I. K. Martins Nig. Ltd (2000) 2 KLR (pt 97) 519; (2000) 4 NWLR (Pt. 654) 584

APPEALS - Judgment - Retrial order - When a trial court fails in its appraisal of

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

evidence - Circumstances when the appellate court will order a retrial. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

APPEALS - Judgment - Retrial order - Where a trial court fails to treat all issues in controversy fully - And there is sufficient material before the appellate court for the resolution of the matter - An order of retrial will not be made. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

APPEALS - Judgments - The law presumes regularity of judgment - Until the contrary is proved. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

APPEALS - Jurisdiction - Where a trial court has been declared as lacking jurisdiction by the Court of Appeal - Then whatever orders made by the trial court - Cannot be varied or further orders made thereon by the Court of Appeal. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

APPEALS - Land law - Grantor's title - Appellants pleaded and proved their grantor's title - Court of Appeal erred in finding against them on this ground. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

APPEALS - Leave to appeal - Enlargement of time - Application for - What the applicant must established - By Virtue of O. 2 r. 31 (2) of the Supreme Court Rules. Shanu v. Afribank (2000) 10 KLR (pt 110) 2901; (2000) 13 NWLR (Pt. 684) 392

APPEALS - Leave to appeal - Ground of mixed law and fact - Leave to appeal is required for ground of appeal which involves mixed law and fact. Shanu v. Afribank (2000) 10 KLR (pt 110) 2901; (2000) 13 NWLR (Pt. 684) 392

APPEALS - Leave to appeal - Where an application has been refused by the High Court - An application for a similar purpose may be made to the Court of Appeal. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

APPEALS - Legal authority - Judgment that is not supported by any legal authority - Cannot be allowed to stand. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Lien - Right of - Was not waived as erroneously found by the Court of Appeal - And plaintiff did not establish any legal right in the property in issue. Afrotec Ltd v. Mia & Sons Ltd (2000) 12 KLR (pt 112) 3259; (2000) 15 NWLR (Pt. 692) 730

APPEALS - Limitation of time - Interlocutory appeal in civil causes - Must be made within 14 days - Where time has elapsed - Remedial steps that may be taken. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

APPEALS - Matters relating to appeal - Motions - Once an appeal has been brought to the Court of Appeal - All matters relating to the appeal must be agitated at that court and not the high court. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

APPEALS - Native law and custom - Issue of - Ground of appeal - Which raises the issue of native law and custom relating to the burial of one's dead - Is a valid ground. Pam v. Gwom (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 322

APPEALS - Notice of appeal - Consolidated suits - Where the notice of appeal indicated that the part of the decision appealed from - Is that which related to one of the consolidated suits - The appellant cannot challenge any other part of the decision - Without first amending his notice of appeal Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

APPEALS - Notice of proceedings - Failure to give notice of proceedings to an opposing party - In a case where service of process is required - Is a fundamental omission which renders such proceedings void. Wema Bank Nig. v. Odulaja (2000) 3 KLR (pt 98) 697; (2000) 7 NWLR (Pt. 663) 1

APPEALS - Nullity - Setting aside - Preliminary objection - Where the trial is a nullity because the trial court lacked the jurisdiction - To adjudicate on the subject matter in dispute - The appellate court can entertain the question - Even though it was raised by way of preliminary objection Galadima v. Tambai (2000) 6 KLR (pt 106) 2163; (2000) 11 NWLR (Pt. 677) 1

APPEALS - Opinion - Gratuitous advice given by a court - Should hardly engender arguments on an appeal - And neither of the parties nor the court is obliged to feel bound in any way by such advice. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Order of retrial - Where an appeal is allowed because of failure of the trial court to make findings on material issues - And the determination of such material issues depends on the credibility of witnesses - The proper order to make is that of retrial. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

APPEALS - Order - Retrial - Proper - Proper order - Claim that was not properly constituted - The action would not be struck out in the present case - Since the Plaintiff could easily apply to join the defendant's family at a retrial - Without much amendment. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

APPEALS - Rehearing of appeal - Will be ordered in the circumstances of this case. Tunbi v. Opawole (2000) 1 KLR (pt 94) 69; (2000) 2 NWLR (Pt. 644) 275

APPEALS - Relief - Award of an amount - That is higher than what was claimed - Without any proof of how the higher sum arose - Is wrong. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

APPEALS - Retrial - Duty of trial court to make findings of fact - Based on the pleadings and evidence - Where not discharged - Retrial will be ordered. Sagay v. Sajere (2000) 4 KLR (pt 99) 733; (2000) 6 NWLR (Pt. 661) 360

APPEALS - Retrial - Failure of trial court to make proper use of the opportunity of seeing the witnesses - Appellate Court will not ascribe credibility to the witnesses - But would order a retrial. Sagay v. Sajere (2000) 4 KLR (pt 99) 733; (2000) 6 NWLR (Pt. 661) 360

APPEALS - Right to appeal - As guaranteed under s. 233 of the 1979 Constitution - Is open to a party to the proceedings. Alsthom S.A. v. Saraki (2000) 4 KLR (pt 102) 1395; (2000) 14 NWLR (Pt. 687) 415

APPEALS - Sale of goods - Court of Appeal was wrong - In finding that the conditional sale was converted into an absolute sale - And in its view that the only remedy open to the seller was action for the recovery of the unpaid balance. Afrotec Ltd v. Mia & Sons Ltd (2000) 12 KLR (pt 112) 3259; (2000) 15 NWLR (Pt. 692) 730

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Separate appeals - Withdrawal of one appeal - Does not terminate second appeal - Once appellant is affected by the decision. Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

APPEALS - Stay of execution - Erring respondent - Pendency of application - Vaswani case - Disciplinary power of the court - How to bring to bear on an erring respondent. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

APPEALS - Stay of execution - Record of appeal - Relevance - The record of proceedings being in possession of the court - Is no ground for granting stay of execution. Franchal Nig. Ltd v. Nigeria Arab Bank Ltd (2000) 6 KLR (pt 105) 1849; (2000) 9 NWLR (Pt. 671) 1

APPEALS - Stay of Execution - Subject matter of the appeal - Where at the risk of destruction if a stay is not granted - The court in its discretion will grant a stay. Odedeyi v. Odedeyi (2000) 2 KLR (pt 96) 401; (2000) 3 NWLR (Pt. 650) 655

APPEALS - Suo motu issue - Raised by appeal Court - Is an unwarranted digression and a grave error leading to miscarriage of justice - And is a basis for setting aside the decision. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

APPEALS - Suo motu issue - Where raised by the Court - Without hearing the parties - Will amount to breach of right of fair hearing. Araka v. Ejeagwu (2000) 12 KLR (pt 111) 3161; (2000) 15 NWLR (Pt. 692) 684

APPEALS - Supreme Court - Issue - Leave to raise new issue - When there are concurrent findings of fact - Leave would be refused. Salami v. Mohammed (2000) 6 KLR (pt 106) 2073; (2000) 9 NWLR (Pt. 673) 469

APPEALS - Supreme Court - Judgment - Finality of - Judgment of the Supreme Court is final - And there is no right of appeal except as provided under s. 235 of the Constitution 1999. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

APPEALS - Supreme Court - Judgment - Review of - Principles under which the Supreme court can review its own judgment - As enshrined in the provisions of order 8 r. 16 of the Rules of the Supreme Court 1985 as amended. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

APPEALS - Supreme Court - Power - In an appropriate occasion as in the present case - The combined provisions of order 8 rules 2 & 12 of the Supreme Court Rules - Will be invoked notwithstanding that there was no cross appeal - To ensure the determination on the merits of the real question in controversy between the parties. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

APPEALS - Supreme Court - Power - The Court would only entertain an appeal against a decision of the Court of Appeal - And not directly against that of the High Court. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

APPEALS - Supreme Court- Judgment - Setting aside - When the Supreme court can set aside its decision. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

APPEALS - Technical fault - Must not be allowed to defeat substantial justice. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

APPEALS - Trial Court - Discretion - Exercise of - Circumstances when an appellate court would question - The exercise of discretion of a trial judge. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

APPEALS - Upper Area Court - Filing of appeal to an Upper Area Court does not follow any formula - What is important is for the appellant to clearly state his grievance - Either in writing or orally. Galadima v. Tambai (2000) 6 KLR (pt 106) 2163; (2000) 11 NWLR (Pt. 677) 1

APPEALS - Withdrawal - That is deemed dismissed - Is not a judgment on the merit. Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

ARBITRATION - Admiralty - Jurisdiction of High Court - Cannot be invoked for sole purpose of obtaining security for subsequent award in foreign jurisdiction - But for enforcement of claim arising out of an arbitral award. Messrs. Nv Scheep v. The Mv "S.Araz" (2000) 12 KLR (pt 110) 2979; (2000) 15 NWLR (Pt. 691) 622

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

ARBITRATION - Arbitrator - Misconduct - Conduct that would amount to misconduct - Within the law. A. Savoia Ltd v. Sonubi (2000) 7 KLR (pt 109) 2827; (2000) 12 NWLR (Pt. 682) 539

ARBITRATION - Arbitrator - Misconduct - Findings on the evidence - Where the arbitrator based his findings and award on the evidence before him - He has not misconducted himself. A. Savoia Ltd v. Sonubi (2000) 7 KLR (pt 109) 2827; (2000) 12 NWLR (Pt. 682) 539

ARBITRATION - Arbitrator - Misconduct - Question of law - That was not specifically referred to the arbitrator - But material in the decision of the matter referred - The arbitrator was not guilty of misconduct for deciding the issue. A. Savoia Ltd v. Sonubi (2000) 7 KLR (pt 109) 2827; (2000) 12 NWLR (Pt. 682) 539

ARBITRATION - Award - Interference by the court - Under sections 11 and 12 of the Arbitration Law of Lagos State - The court's jurisdiction to interfere with an award - Is limited to setting aside or remitting a matter to the arbitrator for reconsideration. A. Savoia Ltd v. Sonubi (2000) 7 KLR (pt 109) 2827; (2000) 12 NWLR (Pt. 682) 539

ARBITRATION - Customary arbitration proceedings - Document purporting to represent - Probative value of - Where the document was executed by only one of the parties - It has no probative value. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

ARBITRATION - Guarantor - Who has guaranteed due performance by the contractor - Can be sued on a default by the principal debtor - And not on finding of liability against such debtor. African Insurance Development Corporation v. Nigeria LGN Limited (2000) 2 KLR (pt 97) 469; (2000) 4 NWLR (Pt. 653) 494

ARBITRATION - Limitation period - Setting aside an award - Is uniform and similar whether brought under s.29 or s.30 of the Act. Araka v. Ejeagwu (2000) 12 KLR (pt 111) 3161; (2000) 15 NWLR (Pt. 692) 684

ARBITRATION - Scot v. Avery clause - The two forms therein - The Arbitration clause in this case - Can be said to fall within the first form only. African Insurance Development Corporation v. Nigeria LGN Limited (2000) 2 KLR (pt 97) 469; (2000) 4 NWLR (Pt. 653) 494

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

ARBITRATION - Stay of proceedings - Defendant who is not a party to the arbitration contract - But just a guarantor - Is not entitled to stay of proceedings. African Insurance Development Corporation v. Nigeria LGN Limited (2000) 2 KLR (pt 97) 469; (2000) 4 NWLR (Pt. 653) 494

ARMED ROBBERY - Jurisdiction - Decree No. 5 of 1984 grants jurisdiction to tribunals - And to High Court only for cases already commenced before its promulgation. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

AUCTION SALES - Legality of sale of immovable properties - Setting aside - For the sale to be set aside - It must be proved that there was material irregularity in the conduct of the sale - Which resulted in substantial injury. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

AUCTION SALES - Notice of sale - Where properties had been advertised for sale - Which was suspended until a motion for stay of execution was disposed of - There was no need to issue a fresh notice of sale. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

BANKING - Banker and customer relationship - Duty to exercise reasonable care and skill - A bank has a duty under its contract with its customer - To exercise reasonable care and skill. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

BANKING - Banker's draft - Nature of banker's draft - And the duty of an issuing bank. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

BANKING - Contracts - Variation - Contract governing the terms of letters of credit - Was not varied by the parties. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

BANKING - Letters of credit - Conditions stated for opening letters of credit - Are binding on the appellant. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

BANKING - Letters of credit - Lien - By the terms stated in the parties' contract - Respondent has a right of lien over all the goods - Imported under the LC it opened for the appellant. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205;

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

(2000) 15 NWLR (Pt. 691) 447

BANKING - Negligence - Dishonoured draft - Where a bank dishonoured a banker's draft issued by it - An act of negligence has been committed. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

BANKING - Overdraft facility - Sought for to finance opening of letters of credit - Was refused and therefore never materialized. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

CARRIAGE OF GOODS - Bill of lading - Demurrer - Good defence - When a plaintiff can rely on a demurrer procedure as to whether a good defence has been disclosed Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

CARRIAGE OF GOODS - Bill of lading - Indorsement simpliciter - Implication of such an indorsement Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

CARRIAGE OF GOODS - Bill of lading - Locus standi - Demurrer - When it would be appropriate for a defendant to demur on the locus standi of the plaintiff Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

CARRIAGE OF GOODS - Bill of lading - Locus standi - Demurrer - Property in the goods - Where the property in the goods has not passed to a third party - The plaintiff has locus standi. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

CARRIAGE OF GOODS - Bill of lading - Property in the goods - Passes not by the mere assignment and delivery of the bill of lading - But by the contract between the assignor and the assignee Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

CARRIAGE OF GOODS - Bill of lading - Where the averment in the statement of claim shows that the plaintiff has a right to sue on the bill of lading - And that the defendants failed to meet the claims of the plaintiff - The plaintiff has locus standi to sue - And the demurrer proceeding ought to fail. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

CARRIAGE OF GOODS - Bills of lading - Endorsement - Where the stamp of a third party appears on the bills but without the appropriate words to qualify it as an indorsement in full - It cannot be concluded that the third party is an endorsee of the bills Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

CARRIAGE OF GOODS - Carriage by sea - Contract - Privity - Bill of lading - Adesanya case - The principle in that case - Is that a person who is not a party to a contract of carriage of goods evidenced by a bill of lading - Cannot sue in reliance on that bill. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

CARRIAGE OF GOODS - Words and phrases - Bill of lading - "Indorsement in full" - What they mean. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

CHIEFTAINCY MATTERS - Appointment and Recognition of Chiefs - Are matters for community and State Governor respectively. Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

CHIEFTAINCY MATTERS - Removal of chief - The authority to remove a traditional ruler is the governor. Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

CHIEFTAINCY MATTERS - Chieftaincy declaration - Chieftaincy law of Ondo State - Section 10 (2) thereof - From that provision the Executive Council has the overriding Power - To approve or refuse to approve a registered declaration Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

CHIEFTAINCY MATTERS - Chieftaincy Law of Ondo State - Section 10 and 25 thereof - The purposes and objects of both sections. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

CHIEFTAINCY MATTERS - Chieftaincy title - Appointment - Oba and Chiefs of Lagos Edict No. 2 of 1975 - By virtue of the provisions of s. 5 - Where a nonmember of a chieftaincy family was appointed - Such appointment is void ab initio. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

CHIEFTAINCY MATTERS - District head - Suo motu formulation of a case by

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

the court - It is wrong for the learned trial judge to hold - That the Respondent in the instant case is the District head - When that was not the issue before him. Ifabiyi v. Adeniyi (2000) 5 KLR (pt 103) 1505; (2000) 6 NWLR (Pt. 662) 532

CHIEFTAINCY MATTERS - Election - Party that secures valid majority votes - Is properly and validly selected. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

CHIEFTAINCY MATTERS - Election - Validity of - Election conducted in substantial compliance - With the relevant statute - Is valid. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

CHIEFTAINCY MATTERS - Election - Validity of - Quorum stipulated by law - Where sustained - Participation by some disputed kingmakers simpliciter - Cannot invalidate the election. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

CHIEFTAINCY MATTERS - Evidence - Kingmakers - Challenge against their eligibility to vote - Was not successfully done. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

CHIEFTAINCY MATTERS - Recognition - Withdrawn by governor after due consideration - Is appropriate. Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

CHIEFTAINCY MATTERS - Rights - Vested rights - Retrospective operation of - Where the rights have not vested - The provision of s. 6 of the Interpretation Act relating to the retrospective operation of vested rights - Cannot apply. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

CHIEFTAINCY MATTERS - Traditional evidence - Conflict in traditional evidence - Judgments in previous suits - Were rightly used to resolve such conflict. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

CHIEFTAINCY MATTERS - Traditional ruler - Withdrawal of recognition - Can be exercised by the governor - Without the Commissioner's advice. Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

CHIEFTAINCY MATTERS - Withdrawal of recognition - Was rightly exercised

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

by governor under s.9 of the law. Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

CHIEFTAINCY MATTERS - "Chieftaincy declaration" - Its nature and purport. Adio v. Attorney-General of Oyo State (2000) 5 KLR (pt 104) 1635

CLAIMS - Admitted claim - Order 10 Proceedings - The essence of proceedings under Order 10 - Is to give judgment for admitted claim. Cotia Importacao S.A. v. Sanusi Bros. (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

CLAIMS - Appeal - Claim - Amendment - That is designed to create a suit that was not in existence - Will not be permissible Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

CLAIMS - Counter claim - Admission and available evidence - Entitles respondent to succeed in its counter claim. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

CLAIMS - Counter claim - Being an independent action - Success of the main claim - Does not automatically mean that the counter claim must fail. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

CLAIMS - Counter claim - Separate consideration thereof - Is not necessary - Where determination of issues in the main claim - Were sufficient to dispose of the counter claim. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

CLAIMS - Debt - Defence - It is not enough for the defendant to show a case of hardship - Nor a mere inability to pay. Cotia Importacao S.A. v. Sanusi Bros. (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

CLAIMS - Relief claimed - Where based on satisfaction of several conditions - Satisfying only one condition is futile. African Insurance Development Corporation v. Nigeria LGN Limited (2000) 2 KLR (pt 97) 469; (2000) 4 NWLR (Pt. 653) 494

CLAIMS - Relief - Not claimed by a party - A Court has no jurisdiction to grant such a relief. Akinterinwa v. Oladunjoye (2000) 4 KLR (pt 99) 753; (2000) 6 NWLR (Pt. 659) 92

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

COMPANY LAW - Corporate body - Liability - Where an allegation of negligent act is made - Against a corporate body doing business through several branches - What is material is whether the negligent act alleged has been proved - And not whether the acts were done through one of the branches or another. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

COMPANY LAW - Legal personality - Incorporated company - Is not one and the same with a division of another incorporated company. Ehidimhen v. Musa (2000) 4 KLR (pt 102) 1323; (2000) 8 NWLR (Pt. 669) 540

COMPANY LAW - Legal Personality - Unincorporated association - And an incorporated association - What distinguishes them. Anyaegbunam v. Osaka (2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

COMPANY LAW - Succession - Corporate body - Religious organization - Pastor - Successor to the office of - Where the constitution of the organization contains express provision - For the appointment of a successor to the office - Any method of succession contrary to the provision is void. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

CONFLICT OF LAWS - Conflict between state law and the Constitution - Concerning the jurisdiction of Ogun State high court - The State law is void - To the extent of its inconsistency with the Constitution. Okulate v. Awosanya (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32219; (2000) 2 NWLR (Pt. 646) 530

CONFLICT OF LAWS - Existing law - Validity of - An existing law could only have effect with such modifications as would be necessary - To bring it into conformity with the Constitution. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

CONFLICT OF LAWS - Foreign judgment - Consequential order - Foreign currency - It does not matter that such order is made in foreign currency. Momah v. Vab Petroleum Inc. (2000) 2 KLR (pt 97) 543; (2000) 4 NWLR (Pt. 654) 534

CONSTITUTIONAL LAW - Appeals - New issue - Where any issue is being raised for the first time before the Supreme Court - The prerequisite to do so is leave of that court Salami v. Mohammed (2000) 6 KLR (pt 106) 2073; (2000) 9 NWLR (Pt. 673) 469

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

CONSTITUTIONAL LAW - Appeals - Right to appeal - As guaranteed under s. 233 of the 1979 Constitution - Is open to a part to the proceedings. Alsthom S. A. v. Saraki (2000) 4 KLR (pt 102) 1395; (2000) 14 NWLR (Pt. 687) 415

CONSTITUTIONAL LAW - Conflict between state law and the Constitution - Concerning the jurisdiction of Ogun State high court - The State law is void - To the extent of its inconsistency with the Constitution. Okulate v. Awosanya (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32219; (2000) 2 NWLR (Pt. 646) 530

CONSTITUTIONAL LAW - Constitution - Supremacy of - The Constitution is the supreme law of the land - It is the grundnorm. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

CONSTITUTIONAL LAW - Courts - Inherent powers - Non suit - Order of - Section 6 (6) (a) of the Constitution - Although that subsection provides that the courts shall have inherent powers - But a court may not make an order of non suit - When the Rules of that court have dispensed with that power. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

CONSTITUTIONAL LAW - Decision - As envisaged under s. 277 (1) of the 1979 Constitution - Does not include an application taken administratively - From which an appeal will not arise under s. 220(1) of same Constitution. Dike v. Aduba (2000) 2 KLR (pt 95) 203; (2000) 3 NWLR (Pt. 647) 1

CONSTITUTIONAL LAW - Existing law - Validity of - An existing law could only have effect with such modifications as would be necessary - To bring it into conformity with the Constitution. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

CONSTITUTIONAL LAW - Fair hearing - Briefs of appeal - Consideration of an abandoned brief by the Court of Appeal - Instead of the amended brief - Means failure to hear appellant's case. Tunbi v. Opawole (2000) 1 KLR (pt 94) 69; (2000) 2 NWLR (Pt. 644) 275

CONSTITUTIONAL LAW - Fair hearing - Denial - It does not constitute a denial of fair hearing - Merely because a judge did not consider a particular issue - Sufficiently cogent for consideration in the determination of a case. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

CONSTITUTIONAL LAW - Fair hearing - Denial of - A denial of fair hearing connotes - A refusal to consider the pertinent and relevant issues in the case essential to its determination. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

CONSTITUTIONAL LAW - Fair trial - Bias - Where the appellant's counsel was granted every opportunity - Of presenting the appellant's defence - None of the provisions of s. 33 of the 1979 Constitution were breached. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

CONSTITUTIONAL LAW - High Court - Jurisdiction - Construction by implication - To construe by implication one section of the Constitution - As restricting the plenitude of jurisdiction granted to the High Court in another section - The implication must not only be explicit - But also necessary Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

CONSTITUTIONAL LAW - High Court - Jurisdiction - Unlimited jurisdiction - The provisions of s. 236 (1) of the 1979 Constitution - Did not permit the unlimited jurisdiction vested in the High Court of a State to be limited - Other than as the Constitution itself may have provided Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

CONSTITUTIONAL LAW - Interpretation, s. 33 (6) (e) of the Constitution - Is not necessary where accused understands the language used in evidence - Even if it is not English language. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

CONSTITUTIONAL LAW - Jurisdiction - Right of appeal - To the Court of Appeal - From the judgment of the customary Court of Appeal of a State - Under section 224(1) of the 1979 Constitution - The right pertains to a question of customary law alone. Pam v. Gwom (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 322

CONSTITUTIONAL LAW - Jurisdiction - Sharia Court of Appeal - S. 242 (2) of the 1979 Constitution - That provision confined Sharia Court of Appeal to Islamic Personal Law. Magaji v. Matari (2000) 5 KLR (pt 103) 1539; (2000) 8 NWLR (Pt. 670) 722

CONSTITUTIONAL LAW - Locus standi - Constitution of 1979 - Provisions of section 6 (6) (b) - Interpretation of - In Adesanya case - That case did not decide

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

that the subsection prescribes the locus standi of a litigant - But that it prescribes the extent of the judicial powers of the courts. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

CONSTITUTIONAL LAW - Locus standi - Question of - Yard stick in determining - The interest or injury test should remain the yardstick in determining the question of the locus standi of a complainant - And the test is not affected by section 6(6)(b) of the Constitution. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

CONSTITUTIONAL LAW - Locus standi - Trespass - Action for - Where from the statement of claim - The plaintiffs have prima facie shown that they are in exclusive possession - They have legal capacity to invoke the jurisdiction of court under section 6 (6) (b) of the 1999 Constitution. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

CONSTITUTIONAL LAW - State high Courts - Unlimited jurisdiction they have under the Constitution - Can only be limited by a potent decree - But not by a decree that has become a Federal Act - Or by a State Law. Okulate v. Awosanya (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32219; (2000) 2 NWLR (Pt. 646) 530

CONSTITUTIONAL LAW - Supreme Court - Judgment - Finality of - Judgment of the Supreme Court is final - And there is no right of appeal except as provided under s. 235 of the Constitution 1999. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

CONSTITUTIONAL LAW - Treaty - Incorporation - Sections 1 and 12 (1) of the 1979 Constitution - By those provisions a treaty enacted into law in Nigeria is circumscribed in its operational scope and extent - As may be prescribed by the legislature. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

CONTRACTS - Banking - Conditions stated for opening letters of credit - Are binding on the appellant. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

CONTRACTS - Breach - Damages - In an action for breach of contract - The measure of damages is the loss flowing naturally from the breach. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

CONTRACTS - Breach - Failure of consideration - Restitution - Where there is a claim for total failure of consideration - The innocent party is entitled to restitution. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

CONTRACTS - Breach of contract - When the cause of action accrues - And when the period of limitation begins to run. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

CONTRACTS - Breach of Contract - Venue for trial - Onus to establish - Is on the person who asserts. University Press Ltd v. I. K. Martins Nig. Ltd (2000) 2 KLR (pt 97) 519; (2000) 4 NWLR (Pt. 654) 584

CONTRACTS - Breach of - Damages - Where goods form the subject matter of the litigation - The Court has to ascertain the pecuniary loss before trial. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

CONTRACTS - Breach - Rescission - What must be determined - Where it is alleged that there is a right to rescind for breach. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

CONTRACTS - Carriage by sea - Privity - Bill of lading - Adesanya case - The principle in that case - Is that a person who is not a party to a contract of carriage of goods evidenced by a bill of lading - Cannot sue in reliance on that bill. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

CONTRACTS - Consideration - Complete failure of - When a complete failure of consideration in a contract occurs. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

CONTRACTS - Damages - Principles - Guiding the award of damages in tort - Distinguished from those - Guiding the award of damages in contract. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

CONTRACTS - Document - Written agreement - Parties are bound by the contents - Of any written agreement duly executed by them Anyaegbunam v. Osaka (2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

CONTRACTS - Equitable interest - Sale of land - Contract of - Where a person entered into a property under a contract of sale - He has acquired an equitable interest in the land - Which may be converted into a legal estate by specific performance. Elema v. Akenzua (2000) 6 KLR (pt 107) 2345; (2000) 13 NWLR (Pt. 683) 92

CONTRACTS - Guarantee - Performance bond - Description thereof - Is based on the contents - And not the lag on the bond - Towards determining whether payment is to be made just on demand. African Insurance Development Corporation v. Nigeria LGN Limited (2000) 2 KLR (pt 97) 469; (2000) 4 NWLR (Pt. 653) 494

CONTRACTS - Arbitration - Guarantor - Who has guaranteed due performance by the contractor - Can be sued on a default by the principal debtor - And not on finding of liability against such debtor. Stay of proceedings African Insurance Development Corporation v. Nigeria LGN Limited (2000) 2 KLR (pt 97) 469; (2000) 4 NWLR (Pt. 653) 494

CONTRACTS - Illegal contract - Innocent party - Is not bound by an act of illegality that he is not aware of. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

CONTRACTS - Illegal contract - When a contract is said to be illegal. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

CONTRACTS - Illegal Contracts - Undue influence - A party acting under undue influence may recover on an illegal contract - But the undue influence must be established. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

CONTRACTS - Illegality - Collateral agreement - Which contravenes section 13 of the Agricultural Credit Scheme Fund Act 1977 - Is void and illegal. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

CONTRACTS - Land law - Sale - Contract of - Purchase receipt - Effect of - Purchase receipt is an acknowledgment of the payment of money - And coupled with the plaintiff being in possession - Raises a presumption that he entered into possession - Under a contract of sale. Elema v. Akenzua (2000) 6 KLR (pt 107)

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

2345; (2000) 13 NWLR (Pt. 683) 92

CONTRACTS - Legal agreement - The main purport - Of any legal agreement is to set out clearly what the parties agree upon. Okechukwu v. Onuorah (2000) 12 KLR (pt 110) 2939; (2000) 15 NWLR (Pt. 691) 597

CONTRACTS - Maxims - In pari delicto potior est conditio defendentis - Illegal contract - Where the parties are both at fault - The condition of the defendant is better. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

CONTRACTS - Pleadings - Reasonable cause of action - A pleading which contains averments that there has been a breach of contract - Sufficiently serious to justify a claim that the plaintiff is no more bound by the contract - Cannot be said not to disclose a reasonable cause of action. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

CONTRACTS - Rescission - Consequence - Where there is a serious breach of contract - The innocent party who has elected to rescind de futuro the contract - Is released from further obligations under the contract. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

CONTRACTS - Rescission - Right to - Where one party has committed a serious breach of contract - The innocent party has a right to rescind the contract. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

CONTRACTS - Rescission - Specific performance - An election that the contract is rescinded - Is inconsistent with a claim for specific performance of the contract. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

CONTRACTS - Sale of goods - Conditional sale - Property in the goods did not pass to the buyer - Who failed to pay the outstanding balance - As provided in the parties' agreement Exhibit 1. Afrotec Ltd v. Mia & Sons Ltd (2000) 12 KLR (pt 112) 3259; (2000) 15 NWLR (Pt. 692) 730

CONTRACTS - Sale of goods - Unpaid seller's right of lien - Was rightly exercised by the seller - In seizing the machinery - Though the seller was acting as the buyer's agent. Afrotec Ltd v. Mia & Sons Ltd (2000) 12 KLR (pt 112) 3259; (2000) 15 NWLR (Pt. 692) 730

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

CONTRACTS - Stay of proceedings - Defendant who is not a party to the arbitration contract - But just a guarantor - Is not entitled to stay of proceedings. African Insurance Development Corporation v. Nigeria LGN Limited (2000) 2 KLR (pt 97) 469; (2000) 4 NWLR (Pt. 653) 494

CONTRACTS - Strangers to a contract - Right of - A contract affects the parties to it - And cannot be enforced by or against a person who is not a party. A-G Federation v. A.I.C. Limited (2000) 6 KLR (pt 105) 1777; (2000) 10 NWLR (Pt. 675) 293

CONTRACTS - Termination - Wrongful termination by one party - What the other party may do in the circumstance. A. Savoia Ltd v. Sonubi (2000) 7 KLR (pt 109) 2827; (2000) 12 NWLR (Pt. 682) 539

CONTRACTS - Terms - Lien - Banking - Letters of credit - By the terms stated in the parties' contract - Respondent has a right of lien over all the goods - Imported under the LC it opened for the appellant. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

CONTRACTS - Undue influence - A party acting under undue influence may recover on an illegal contract - But the undue influence must be established. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

CONTRACTS - Validity - Inducement - By the other party to enter into a contract - The benefit of which the inviting party has utilized - He cannot deny the validity of the contract. Okechukwu v. Onuorah (2000) 12 KLR (pt 110) 2939; (2000) 15 NWLR (Pt. 691) 597

CONTRACTS - Variation - Banking - Contract governing the terms of letters of credit - Was not varied by the parties. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

CONTRACTS - Void and illegal contracts - Distinction between contracts that are merely declared void - And those declared illegal. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

CONVICTIONS - Confession - Free and voluntary confession of guilt - Made by an accused person - When it is sufficient to warrant his conviction. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

CONVICTIONS - Evidence - Circumstantial evidence - Conviction based on circumstantial evidence can be obtained - But such evidence must be positive, unequivocal and lead irresistibly to the conclusion - That it is the accused that committed the offence. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

CONVICTIONS - Murder - Conviction - Sustained by overwhelming circumstantial evidence - Is consistent with appellant's guilt. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

CONVICTIONS - Murder - Unlawful carnal knowledge - Death as a result of such act - Where there was no evidence that the act was of such a nature as to be likely to endanger human life - The conviction of the appellant for murder was wrong - But he is guilty of manslaughter. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

CONVICTIONS - Substitution - Conviction for a lesser offence - Will be substituted for manslaughter - Where there is a clear evidence of the lesser offence. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

COURT PROCESSES - Abuse of Court process - By filing action in another court between same parties on same subject matter - During the pendency of a prior action - The court where more issues are raised - Where jurisdiction is not in doubt - Is more convenient. The Registered Trustees of the Living Christ Mission v. Aduba (2000) 2 KLR (pt 95) 191; (2000) 3 NWLR (Pt. 647) 14

COURT PROCESSES - Amendment of legal process - Purpose and method of - Amendment will be granted - To bring out the real matter in controversy. Alsthom S.A. v. Saraki (2000) 11 KLR (pt 110) 2919; (2000) 14 NWLR (Pt. 687) 415

COURT PROCESSES - Appeal - Notice of proceedings - Failure to give notice of proceedings to an opposing party - In a case where service of process is required - Is a fundamental omission which renders such proceedings void. Wema Bank Nig. v. Odulaja (2000) 3 KLR (pt 98) 697; (2000) 7 NWLR (Pt. 663) 1

COURT PROCESSES - Execution - Auction sales - Legality of sale of immovable properties - Setting aside - For the sale to be set aside - It must be proved that

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

there was material irregularity in the conduct of the sale - Which resulted in substantial injury. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

COURT PROCESSES - Execution - Auction sales - Notice of sale - Where properties had been advertised for sale - Which was suspended until a motion for stay of execution was disposed of - There was no need to issue a fresh notice of sale. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

COURT PROCESSES - Hearing of an appeal - When no process was served - Showing that the appeal had been fixed for hearing on that day - Renders the proceeding a nullity. Wema Bank Nig. v. Odulaja (2000) 3 KLR (pt 98) 697; (2000) 7 NWLR (Pt. 663) 1

COURT PROCESSES - Service of process - Deputy Sheriff - Is the statutory agent for the services of all court processes. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

COURTS - Actions - Abuse of Court process - By filing action in another court between same parties on same subject matter - During the pendency of a prior action - The court where more issues are raised - Where jurisdiction is not in doubt - Is more convenient. The Registered Trustees of the Living Christ Mission v. Aduba (2000) 2 KLR (pt 95) 191; (2000) 3 NWLR (Pt. 647) 14

COURTS - Actions - Relief - Jurisdiction - Where an action is brought solely to obtain relief - Which the court has no power to grant - The Statement of claim will be struck out and the action dismissed. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

COURTS - Actions - Pendency of two similar actions in separate courts - Though the later action raises more issues - Ulterior motive aimed at abusing court process - Must be ruled out in determining the more convenient court. The Registered Trustees of the Living Christ Mission v. Aduba (2000) 2 KLR (pt 95) 191; (2000) 3 NWLR (Pt. 647) 14

COURTS - Adjudication - What determines matters which are appropriate for adjudication - The enquiry the Court should embark upon. Alsthom S. A. v. Saraki (2000) 4 KLR (pt 102) 1395; (2000) 14 NWLR (Pt. 687) 415

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

COURTS - Administration of Estates - Beneficiaries - Pronouncements by the Courts - On who is or is not entitled as beneficiary to the estate - Are of no consequence - Since they are outside the purview of the question before the courts. Dejonwo v. Dejonwo (2000) 3 KLR (pt 98) 611

COURTS - Amendment - To bring the pleadings in line with the evidence already led - Will be granted by the Supreme Court - Where justice so demands. Alsthom S.A. v. Saraki (2000) 11 KLR (pt 110) 2919; (2000) 14 NWLR (Pt. 687) 415

COURTS - Appeal - Amendment - Exercise of discretion - The court will not exercise its discretion - If nothing will be achieved in the circumstances. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

COURTS - Appeal - Decision of a trial court - If it is not challenged in an appeal to the court of Appeal - Such a decision must not be disturbed. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

COURTS - Appeal - Discretion - Exercise of - Circumstances when an appellate court would question - The exercise of discretion of a trial judge. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

COURTS - Appeal - Evaluation of evidence - The evaluation of evidence and the ascription of probative value to such evidence - Are the primary functions of the trial court - And where such court unquestionably evaluates the evidence - It is not the business of the appellate Court to interfere. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

COURTS - Appeal - Finding of fact of trial Court - Will not be interfered with - as circumstances for such interference do not exist. Oshatoba v. Olujitan (2000) 2 KLR (pt 96) 379; (2000) 5 NWLR (Pt. 655) 159

COURTS - Appeal - Ground of appeal - Amendment - Discretion to grant - Is liberally exercised in so far as an amendment can be made without injustice to the other party - And is not belated. Shanu v. Afribank (2000) 10 KLR (pt 110) 2901; (2000) 13 NWLR (Pt. 684) 392

COURTS - Appeal - Ground of appeal - Amendment - Refusal of - The court should refuse an amendment where such an amended ground would have itself been objectionable - For any of the reasons for which successful objection could be raised against such ground. Shanu v. Afribank (2000) 10 KLR (pt 110) 2901;

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

(2000) 13 NWLR (Pt. 684) 392

COURTS - Appeal - Issues - Failure to pronounce on all material issues - The Appellant must establish that the failure to give a decision on the issues - Led to a miscarriage of justice. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

COURTS - Appeal - Nullity - Setting aside - Preliminary objection - Where the trial is a nullity because the trial court lacked the jurisdiction - To adjudicate on the subject matter in dispute - The appellate court can entertain the question - Even though it was raised by way of preliminary objection. Galadima v. Tambai (2000) 6 KLR (pt 106) 2163; (2000) 11 NWLR (Pt. 677) 1

COURTS - Appeals - Duty of trial court to make findings of fact - Based on the pleadings and evidence - Where not discharged - Retrial will be ordered. Sagay v. Sajere (2000) 4 KLR (pt 99) 733; (2000) 6 NWLR (Pt. 661) 360

COURTS - Appeals - Findings of fact - Of trial courts - Interference with - Where such findings are inferences from findings properly made - The Court of Appeal is in as good a position as the trial court to come to a decision. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

COURTS - Appeals - Findings of fact - That are supported by evidence - will not be disturbed by the appellate Court. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

COURTS - Appeals - Issues - Relating to jurisdiction of trial Court - May be raised in the supreme court for the first time. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

COURTS - Appeals - Jurisdiction - Where a trial court has been declared as lacking jurisdiction by the Court of Appeal - Then whatever orders made by the trial court - Cannot be varied or further orders made thereon by the Court of Appeal. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

COURTS - Appeals - Matters relating to appeal - Motions - Once an appeal has been brought to the Court of Appeal - All matters relating to the appeal must be agitated at that court and not the high court. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

COURTS - Appeals - Relief - Award of an amount - That is higher than what was claimed - Without any proof of how the higher sum arose - Is wrong. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

COURTS - Appellate Court - Function of - The appellate Court is concerned only with correcting the errors of law or fact - Alleged in the decision of the trial court. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

COURTS - Appellate Court - Record of appeal - It is the duty of an appellate court to consider - All the pieces of evidence forming part of the record before it. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

COURTS - Arbitration - Award - Interference by the court - Under sections 11 and 12 of the Arbitration Law of Lagos State - The court's jurisdiction to interfere with an award - Is limited to setting aside or remitting a matter to the arbitrator for reconsideration. A. Savoia Ltd v. Sonubi (2000) 7 KLR (pt 109) 2827; (2000) 12 NWLR (Pt. 682) 539

COURTS - Area Courts - Action - Commencement - There is no strict procedure for filing a complaint - It is enough for the complainant to verbally tell the court what his grouse is Galadima v. Tambai (2000) 6 KLR (pt 106) 2163; (2000) 11 NWLR (Pt. 677) 1

COURTS - Causes and proceedings - High Court Law of Lagos State s.60 - By that provision all civil and criminal causes and proceedings in the High Court - Shall so far as is practicable - Be heard and disposed of by a single judge. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

COURTS - Concurrent findings - Wrong conclusion - Where there is no support for the findings of the trial court - And the Court of Appeal reached a wrong conclusion in the matter - The findings would not rise to the effect of concurrent findings. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

COURTS - Conduct of public officers - Comments on - A court is entitled to comment on the despicable conduct of public officers - To serve as a deterrent to other public officers. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

COURTS - Customary Court - Land Use Act - Jurisdiction - The jurisdiction of

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

a Customary Court under section 41 - Is not limited to proceedings in respect of `'granted" customary rights of occupancy only. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

COURTS - Damages - Assessment of damages - Nature of claim - Before a court can commence a meaningful assessment of damages - It must be sure of the nature of the claim. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

COURTS - Decision - As envisaged under s. 277 (1) of the 1979 Constitution - Does not include an application taken administratively - From which an appeal will not arise under s. 220(1) of same Constitution. Dike v. Aduba (2000) 2 KLR (pt 95) 203; (2000) 3 NWLR (Pt. 647) 1

COURTS - Declarations - Reasonable cause of action - What the Court should consider in order to determine - Whether the statement of claim has disclosed a reasonable cause of action. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

COURTS - Defamation - Inference from facts - When a tribunal is urged to draw inference from facts - Such inference must be such as a reasonable person would draw - Having regard to the totality of the circumstances. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

COURTS - Discretion - Declaration of right - The grant of a declaration of right is at the discretion of the court - But it is a discretion that must be exercised judicially. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

COURTS - Discretion - Interference with - Where the trial judge acted judicially and judiciously - It will be improper to interfere with the exercise of his discretion Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

COURTS - Discretion of lower Court - Will not be interfered with except if exercised on wrong principles or mistake of law. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

COURTS - Discretionary powers - Will not be disturbed by appellate Court - Unless the exercise of that discretion is wrongful. Biocon Ltd v. Kudu Holding

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

Ltd (2000) 12 KLR (pt 112) 3231; (2000) 15 NWLR (Pt. 691) 493

COURTS - Estoppel per rem judicatam - What the court is to consider - In determining whether the issues - The subject matter of the two actions - And the parties are the same. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

COURTS - Estoppel - Public policy demands that courts should not encourage relitigation - Between same parties, same cause or same issue - As in previous and present proceedings. Ito v. Ekpe (2000) 2 KLR (pt 95) 249; (2000) 3 NWLR (Pt. 650) 678

COURTS - Evaluation of evidence - Duty of a trial Court - Is to adequately evaluate the evidence adduced in the case - And make appropriate findings of facts. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

COURTS - Evidence - Credibility - Appraisal of oral evidence - Is the primary function of the trial court - And not the appellate court. Sagay v. Sajere (2000) 4 KLR (pt 99) 733; (2000) 6 NWLR (Pt. 661) 360

COURTS - Evidence - Evaluation - Miscarriage of justice - Failure to adequately evaluate evidence - Where the failure complained of is with respect to matters not affecting the determination of the case - There is no miscarriage of justice. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

COURTS - Evidence - Evaluation of evidence - The phrase `'l believe" - When used by a trial judge is not final or conclusive - There must be a reason for believing one witness and disbelieving the other. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

COURTS - Evidence - Unchallenged and uncontradicted evidence - Attitude of the court to such evidence. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

COURTS - Evidence - Unchallenged evidence - Attitude of the court - To such evidence. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

COURTS - Evidence - Witness - Contradictions in the evidence of a witness - It is the duty of the trial Court to determine - Whether such contradictions affect

KINGS LAW REPORTS COMPREHENSIVE INDEX

the quality of the evidence. Igbi v. The State (2000) 2 KLR (pt 97) 485; (2000) 3 NWLR (Pt. 648) 169

COURTS - Fair hearing - Denial - It does not constitute a denial of fair hearing - Merely because a judge did not consider a particular issue - Sufficiently cogent for consideration in the determination of a case. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

COURTS - Fair hearing - Denial of - A denial of fair hearing connotes - A refusal to consider the pertinent and relevant issues in the case essential to its determination. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

COURTS - Fair hearing - Denial of - Where counsel had an opportunity to be heard - But chose to be silent - He cannot complain that he was not given a fair hearing. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

COURTS - Fair hearing - Likelihood of - Where the judge had no jurisdiction in the matter - The question whether there was likelihood of bias - Is superfluous. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

COURTS - Fair hearing - Raising a point suo motu - A court should not raise a point suo motu - And proceed to resolve it without hearing the parties Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

COURTS - Finding of fact - Unless perverse or based on inadmissible evidence - The appellate Court should not interfere. Makinde v. Akinwale (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 645) 435

COURTS - Findings of fact - Were wrongfully disturbed by the Court of Appeal - As there was no basis for doing so. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

COURTS - General jurisdiction - Power to order a non suit - Once the power is omitted in the rules of court - The High Court cannot exercise that power under its general jurisdiction. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

COURTS - Grounds of appeal - Issues - Must be based on grounds of appeal or will not be considered by the Court. Araka v. Ejeagwu (2000) 12 KLR (pt 111) 3161; (2000) 15 NWLR (Pt. 692) 684

COURTS - High Court - Jurisdiction - Construction by implication - To construe by implication one section of the constitution - As restricting the plenitude of jurisdiction granted to the High Court in another section - The implication must not only be explicit - But also necessary. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

COURTS - High Court - Jurisdiction - Unlimited jurisdiction - The provisions of s. 236 (1) of the 1979 Constitution - Did not permit the unlimited jurisdiction vested in the High Court of a State to be limited - Other than as the Constitution itself may have provided. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

COURTS - Inherent powers - Non suit - Order of - Section 6 (6) (a) of the Constitution - Although that subsection provides that the courts shall have inherent powers - But a court may not make an order of non suit - When the Rules of that court have dispensed with that power. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

COURTS - Interlocutory applications - substantive issue - Will not be pronounced upon - So as not to prejudice the trial. Biocon Ltd v. Kudu Holding Ltd (2000) 12 KLR (pt 112) 3231; (2000) 15 NWLR (Pt. 691) 493

COURTS - Issue estoppel - Appeal - Where the courts treated the judgment in a previous suit - As if it was on appeal before them - They are wrong in so doing - Their duty was to give effect to it. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

COURTS - Issues - Court of Appeal - Power to formulate issues - The Court of Appeal has the power to formulate an issue for determination suo motu - So long as it is satisfied that the issues - As framed by the parties would not lead to a proper determination of the appeal - And the issue thus raised is covered by the grounds of appeal filed. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

COURTS - Judgment - Interlocutory matter - A court dealing with interlocutory matter - Should not give a preemptive determination of the substantive suit.

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

University Press Ltd v. I. K. Martins Nig. Ltd (2000) 2 KLR (pt 97) 519; (2000) 4 NWLR (Pt. 654) 584

COURTS - Judgment - Nullity - A court that is competent when it heard an appeal - Its decision could be wrong but certainly not a nullity. Jiddun v. Abuna (2000) 10 KLR (pt 110) 2879; (2000) 14 NWLR (Pt. 686) 209

COURTS - Judgment - Retrial order - Where a trial court fails to treat all issues in controversy fully - And there is sufficient material before the appellate court for the resolution of the matter - An order of retrial will not be made. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

COURTS - Judgment - Validity - Judgment of a Court of competent jurisdiction remains valid - Until it is set aside by a competent court. Babatunde v. Olatunji (2000) 2 KLR (pt 96) 361; (2000) 2 NWLR (Pt. 646) 557

COURTS - Judgments - Conclusions - Reasons for the court's conclusions - A tribunal charged with the performance of judicial functions - Should normally state reasons for its conclusions. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

COURTS - Judgments - Enforcement - Where the court did not make any order - In favour of any of the parties - There is no order to enforce. Awoniyi v. Rosicrucian Order (2000) 6 KLR (pt 105) 1879; (2000) 10 NWLR (Pt. 676) 522

COURTS - Judgments - Evaluation - Judgment must be based on evidence properly evaluated - For the trial judge to be seen to have discharged his judicial function properly. Sagay v. Sajere (2000) 4 KLR (pt 99) 733; (2000) 6 NWLR (Pt. 661) 360

COURTS - Judgments - Ratio decidendi - Appellate Courts - It is the leading judgment that is regarded as the judgment of the court. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

COURTS - Judgments - Setting aside - Inherent power - There is an inherent power to set aside a judgment - Given in the absence of jurisdiction - Or where the procedure adopted is such as to deprive the decision of the character of a legitimate adjudication. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

COURTS - Judgments - Standard judgment of a court - What to watch out for therein. Okulate v. Awosanya (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32219; (2000) 2 NWLR (Pt. 646) 530

COURTS - Jurisdiction - Actions - Law applicable to an action - Is the law existing at the time the cause of action arose. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

COURTS - Jurisdiction - African charter - Was never suspended or repealed - By any of the Constitution (suspension and Modification) Decrees enacted between 1983 and 1999 - The courts jurisdiction to give full recognition and effect - To the African charter remained unimpaired. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

COURTS - Jurisdiction - High Court - Laws defining jurisdiction - Where question arises as to the jurisdiction of the High Court - It is essential to examine the laws defining the jurisdiction of the Court - Both at the time the action was instituted and up to the time judgment was given. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

COURTS - Jurisdiction - High Court - Unlimited jurisdiction - The jurisdiction is described as unlimited only because it is presumed to exist - Unless it is expressly curtailed by statute. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

COURTS - Jurisdiction - Lack of - Renders the proceedings a nullity - Issue of jurisdiction - May be raised at any stage - And may be raised by the court suo motu. Oshatoba v. Olujitan (2000) 2 KLR (pt 96) 379; (2000) 5 NWLR (Pt. 655) 159

COURTS - Jurisdiction - Land Use Act - Non urban land - Concurrent jurisdiction - Of the Customary Court and the High Court - It is sensible to preserve the choice of forum - Which a litigant had always enjoyed in respect of non urban land - Before the introduction of the Act. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

COURTS - Jurisdiction - Ouster of jurisdiction - For the court's jurisdiction to be ousted - It must be clearly shown that a particular action falls within the ouster clause - That is not so in the present case. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

COURTS - Jurisdiction - Sharia Court of Appeal - Form CA 9 - The fact that the parties signed Form CA 9 - Would not confer jurisdiction on the Sharia Court of Appeal - Since the matter did not involve Islamic Personal law. Magaji v. Matari (2000) 5 KLR (pt 103) 1539; (2000) 8 NWLR (Pt. 670) 722

COURTS - Jurisdiction - Sharia Court of Appeal - S. 242 (2) of the 1979 Constitution - That provision confined Sharia Court of Appeal to Islamic Personal Law. Magaji v. Matari (2000) 5 KLR (pt 103) 1539; (2000) 8 NWLR (Pt. 670) 722

COURTS - Jurisdiction - State high Courts - Unlimited jurisdiction they have under the Constitution - Can only be limited by a potent decree - But not by a decree that has become a Federal Act - Or by a State Law. Okulate v. Awosanya (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32219; (2000) 2 NWLR (Pt. 646) 530

COURTS - Legal authority - Judgment that is not supported by any legal authority - Cannot be allowed to stand. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

COURTS - Motions - High Court Law of Lagos State - Proviso of s. 60 - To excuse the judge from being assigned to hear the motions in the instant case - It must be shown that it was not convenient and practicable - For the judge to hear the motions. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

COURTS - No case submission - Threat to kill - Failure of the prosecution to make out a prima facie case - The lower courts were in error - To have overruled the no case submission. Ubanatu v. Commissioner of Police (2000) 1 KLR (pt 94) 87; (2000) 2 NWLR (Pt. 643) 115

COURTS - Opinion - Gratuitous advice given by a court - Should hardly engender arguments on an appeal - And neither of the parties nor the court is obliged to feel bound in any way by such advice. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

COURTS - Perverse decision - When a decision is said to be perverse. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

COURTS - Plea - Arraignment for trial - Failure of trial Judge to record that the charge has been read and explained to the accused in understandable language - May not amount to miscarriage of justice. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

COURTS - Pleading - Issue not placed before the court - That court has no business to deal with such an issue. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

COURTS - Power - Conferred by statute - Inherent power - When a power that is conferred on a court by statute is taken away - It ceases to be power that can be exercised - And so there can be nothing inherent about it to make it exercisable. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

COURTS - Procedural slip - May be amended at discretion of appeal court - If no accused was misled - And thus no injustice meted out. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

COURTS - Relief not claimed - Or a grant in excess of what is claimed - Should not be awarded by the court. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

COURTS - Relief - Which was not claimed - A court has no jurisdiction to make an Order - Which was not pleaded or prayed for - Such order will be annulled on appeal. Ifabiyi v. Adeniyi (2000) 5 KLR (pt 103) 1505; (2000) 6 NWLR (Pt. 662) 532

COURTS - Reliefs - Reformulation of by the court - It is not competent for the judge suo motu to make a case for the parties - Other than that which was set up by them. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

COURTS - Resolution of conflicts - Should be by painstaking evaluation of facts or evidence - Placed before the court. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

COURTS - Sentencing - Collective verdict - Procedural slip - May be amended at discretion of appeal court - If no accused was misled - And thus no injustice meted out. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

COURTS - Service of process - Deputy Sheriff - Is the statutory agent for the services of all court processes. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

COURTS - Stay of execution - Erring respondent - Pendency of application - Vaswani case - Disciplinary power of the court - How to bring to bear on an erring respondent. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

COURTS - Suo motu formulation of a case by the court - It is wrong for the learned trial judge to hold - That the Respondent in the instant case is the District head - When that was not the issue before him. Ifabiyi v. Adeniyi (2000) 5 KLR (pt 103) 1505; (2000) 6 NWLR (Pt. 662) 532

COURTS - Suo motu issue - Raised by appeal Court - Is an unwarranted digression and a grave error leading to miscarriage of justice - And is a basis for setting aside the decision. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

COURTS - Suo motu issue - Where raised by the Court - Without hearing the parties - Will amount to breach of right of fair hearing. Araka v. Ejeagwu (2000) 12 KLR (pt 111) 3161; (2000) 15 NWLR (Pt. 692) 684

COURTS - Suo motu raising of issue - That was not covered by any ground of appeal - Was wrongful and occasioned a miscarriage of justice - The issue so raised will be struck out. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

COURTS - Trade Marks - Statutes - Where not ambiguous - Courts should not look beyond its provisions - There is nothing called `'voidable registration" - Under the Trade Marks Act. Dyktrade Ltd v. Omnia Ltd (2000) 7 KLR (pt 108) 2511; (2000) 12 NWLR (Pt. 680) 1

COURTS - Upper Area Court - Appeal - Filing of appeal to an Upper Area Court does not follow any formula - What is important is for the appellant to clearly state his grievance the - Either in writing or orally Galadima v. Tambai (2000) 6 KLR (pt 106) 2163; (2000) 11 NWLR (Pt. 677) 1

COURTS - Witnesses - Ambiguous or unintelligible statement of a witness -

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

When found to be mistaken - Court should consider the extent to which the mistake affects the weight of his evidence generally - Such evidence should not be used as damaging by itself. Olorunfemi v. Asho (2000) 1 KLR (pt 94) 45; (2000) 2 NWLR (Pt. 643) 143

COURTS - Witnesses - Credibility of - The trial judge who saw - Observed and heard the witnesses - Is the best judge of their credibility. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

COURTS - Witnesses - Review and acceptance of their evidence - Is proper - As there is no apparent contradiction in their testimonies - Court of Appeal erred in holding otherwise. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

CRIMINAL LAW - Armed Robbery - Jurisdiction - Decree No. 5 of 1984 grants jurisdiction to tribunals - And to High Court only for cases already commenced before its promulgation. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

CRIMINAL LAW - Culpable homicide punishable with death - Under s. 221 of the Penal Code - When a person is guilty of an offence under the section. Garba v. The State (2000) 4 KLR (pt 100) 1035; (2000) 6 NWLR (Pt. 661) 378

CRIMINAL LAW - Defence - Investigation - Any defence put up by an accused person - Must be investigated thoroughly in order to render it false or unlikely. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

CRIMINAL LAW - Murder - Conviction - Sustained by overwhelming circumstantial evidence - Is consistent with appellant's guilt. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

CRIMINAL LAW - Murder - Defence - Allegation that it was somebody else who killed the deceased - It is incumbent on the prosecution to rebut the allegation by evidence. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

CRIMINAL LAW - Murder - Evidence - Confessional Statement - Where the Victim died as a result of the voluntary act of the accused - It is material whether the accused's extra judicial statement - Is a confessional statement or not. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

CRIMINAL LAW - Murder - Evidence - Contradiction the evidence of the prosecution witness - It is the duty of the prosecution to explain the contradiction. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

CRIMINAL LAW - Murder - Evidence - Medical evidence - Cause of death - Where the cause of death is obvious - Medical evidence ceases to be of practical legal necessity. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

CRIMINAL LAW - Murder - Offence of - Proof - What the prosecution must prove. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

CRIMINAL LAW - Murder - Proof - What must be established - In order to establish a charge of murder Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

CRIMINAL LAW - Murder - Under section 316 (3) of the Criminal Code - What the prosecution must prove Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

CRIMINAL LAW - Murder - Unlawful carnal knowledge - Death as a result of such act - Where there was no evidence that the act was of such a nature as to be likely to endanger human life - The conviction of the appellant for murder was wrong - But he is guilty of manslaughter Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

CRIMINAL LAW - Provocation - Defence of - No amount of provocation can excuse homicide - Or render it excusable - Except by virtue of s. 318 of the Criminal Code. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

CRIMINAL LAW - Provocation - Defence of provocation - Loss of self control - Where the circumstances are not such as to make the accused lose his self control - The defence is not available. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

CRIMINAL LAW - Provocation - Defence of provocation - Words - Circumstances when words alone can constitute provocation - As to reduce the

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

offence of murder to manslaughter. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

CRIMINAL LAW - Statutes - Robbery and Firearms (Special Provisions) Decree No. 47 of 1970 - Remains a State legislation as from October 1979. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

CRIMINAL LAW - Threat to kill s. 323 CC - Prosecution must prove 3 essential elements - Including the fact that the contents of the letter amount to threat to kill. Ubanatu v. Commissioner of Police (2000) 1 KLR (pt 94) 87; (2000) 2 NWLR (Pt. 643) 115

CRIMINAL PROCEDURE - Alibi - Must be raised at the earliest opportunity and evidence adduced. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

CRIMINAL PROCEDURE - Alibi - Not investigated - Is not fatal unless accused adduces evidence in its support. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

CRIMINAL PROCEDURE - Burden of proof - Lies on the prosecution - While the standard of proof is proof beyond reasonable doubt The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

CRIMINAL PROCEDURE - Confession - Extra judicial confession - Retraction at the trial - Test to be applied to it - To determine its truth Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

CRIMINAL PROCEDURE - Confession - Free and voluntary confession of guilt - Made by an accused person - When it is sufficient to warrant his conviction Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

CRIMINAL PROCEDURE - Confessional statements - Retraction at the trial - Truth of the statements - Evidence outside the statements - There was such evidence in the instant case - To confirm the truth of the contents of those statements Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

CRIMINAL PROCEDURE - Conviction - For a lesser offence - Will be substituted for manslaughter - Where there is a clear evidence of the lesser

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

offence. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

CRIMINAL PROCEDURE - Cross examination - Failure to cross examine a witness upon a particular matter - The implication is that the evidence of that witness is not challenged Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

CRIMINAL PROCEDURE - Culpable - Culpable homicide punishable with death - Murder weapon - Failure to produce the murder weapon during the trial - Is inconsequential in the circumstances of the present case. Garba v. The State (2000) 4 KLR (pt 100) 1035; (2000) 6 NWLR (Pt. 661) 378

CRIMINAL PROCEDURE - Defence - In a criminal trial any defence raised by an accused person - Must be considered however slight. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

CRIMINAL PROCEDURE - Evidence - Admission - Made at any time by a person charged with an offence - Suggesting that he committed the offence - Is a relevant fact against him - And if voluntary is admissible in evidence. Akinmoju v. The State (2000) 4 KLR (pt 99) 809; (2000) 6 NWLR (Pt. 662) 608

CRIMINAL PROCEDURE - Evidence - Circumstantial evidence - Conviction based on circumstantial evidence can be obtained - But such evidence must be positive, unequivocal and lead irresistibly to the conclusion - That it is the accused that committed the offence. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

CRIMINAL PROCEDURE - Evidence - Circumstantial evidence - Inference of guilt - In drawing such an inference from circumstantial evidence - It is necessary to be sure that there are no other coexisting circumstances - Which would weaken the inference. Akinmoju v. The State (2000) 4 KLR (pt 99) 809; (2000) 6 NWLR (Pt. 662) 608

CRIMINAL PROCEDURE - Evidence - Duty of the prosecution to place before the court all available relevant evidence - What it means The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

CRIMINAL PROCEDURE - Evidence - Murder - Contradiction in the evidence of the prosecution witness - It is the duty of the prosecution to explain the

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

contradiction. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

CRIMINAL PROCEDURE - Evidence - To be sufficient - It should convince a court - That on no rational basis other than the offence as charged can the facts be accounted for. Akinmoju v. The State (2000) 4 KLR (pt 99) 809; (2000) 6 NWLR (Pt. 662) 608

CRIMINAL PROCEDURE - Fair trial - Bias - Where the appellant's counsel was granted every opportunity - Of presenting the appellant's defence - None of the provisions of s. 33 of the 1979 Constitution were breached. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

CRIMINAL PROCEDURE - Identification parade - Is not necessary in every case. Igbi v. The State (2000) 2 KLR (pt 97) 485; (2000) 3 NWLR (Pt. 648) 169

CRIMINAL PROCEDURE - Identification parade - May not be necessary depending on surrounding circumstances. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

CRIMINAL PROCEDURE - Interpretation, s. 33 (6) (e) of the Constitution - Is not necessary where accused understands the language used in evidence - Even if it is not English language. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

CRIMINAL PROCEDURE - No case submission - Where prosecution fails to prove an essential element in the charge - Trial court ought to uphold the submission. Ubanatu v. Commissioner of Police (2000) 1 KLR (pt 94) 87; (2000) 2 NWLR (Pt. 643) 115

CRIMINAL PROCEDURE - Manslaughter - Cause of death - Medical evidence - Contradiction - Where the court relies on medical evidence to prove cause of death - Such medical evidence must show clearly - That the injury inflicted on the deceased - Caused his death without any intervening factor. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

CRIMINAL PROCEDURE - Medical report - When tendered and admitted in evidence - Is regarded as sufficient evidence of the facts stated therein. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

CRIMINAL PROCEDURE - Murder - Evidence - Cause of death - Medical report - A court can in the absence of a medical report - Properly infer the cause of death from the evidence. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

CRIMINAL PROCEDURE - Murder - Proof - What must be established - In order to establish a charge of murder. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

CRIMINAL PROCEDURE - Murder - Under section 316 (3) of the Criminal Code - What the prosecution must prove. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

CRIMINAL PROCEDURE - No case submission - Threat to kill - Failure of the prosecution to make out a prima facie case - The lower courts were in error - To have overruled the no case submission. Ubanatu v. Commissioner of Police (2000) 1 KLR (pt 94) 87; (2000) 2 NWLR (Pt. 643) 115

CRIMINAL PROCEDURE - Plea - Arraignment for trial - Failure of trial Judge to record that the charge has been read and explained to the accused in understandable language - May not amount to miscarriage of justice. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

CRIMINAL PROCEDURE - Plea - Arraignment - Legal procedure for taking the plea of an accused. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

CRIMINAL PROCEDURE - Prima face case - In a charge of threat to kill - Contents of exhibits 1 and 3 being friendly advice and warning - Cannot be construed to amount to threat to kill. Ubanatu v. Commissioner of Police (2000) 1 KLR (pt 94) 87; (2000) 2 NWLR (Pt. 643) 115

CRIMINAL PROCEDURE - Proof - Standard of proof - Where the prosecution had not established its case - Beyond any reasonable doubt - The doubt must be resolved in favour of the appellant. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

CRIMINAL PROCEDURE - Sentencing - Collective verdict - Procedural slip - May be amended at discretion of appeal court - If no accused was misled - And thus no injustice meted out. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000)

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

15 NWLR (Pt. 691) 555

CRIMINAL PROCEDURE - Witnesses - Material witness - Hostile witness - Where a material witness will not give evidence favourable to the accused person - The witness ought to be called by the prosecution - For purposes of cross examination. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

CRIMINAL PROCEDURE - Words & phrases - Each' in relation to plea - Does not mean block plea - But rather refers to every one of the accused persons' plea mentioned or considered. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

CROSS EXAMINATION - Evidence - Failure to cross examine a witness upon a particular matter - The implication is that the evidence of that witness is not challenged. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

CROSS EXAMINATION - Hostile witness - Where a material witness will not give evidence favourable to the accused person - The witness ought to be called by the prosecution - For purposes of cross examination. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

CROSS EXAMINATION - Land law - Traditional evidence and acts of possession - Not seriously challenged under cross examination - Was rightly accepted - And there are recent facts of acts of possession - Which support the traditional evidence. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

CUSTOMARY LAW - Appeals - Customary Court of Appeal - Improper constitution of - Such an issue cannot be said to have raised a question of customary law. Pam v. Gwom (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 322

CUSTOMARY LAW - Appeals - Jurisdiction - Right of appeal - To the Court of Appeal - From the judgment of the customary Court of Appeal of a State - Under section 224(1) of the 1979 Constitution - The right pertains to a question of customary law alone. Pam v. Gwom (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 322

CUSTOMARY LAW - Appeals - Misdirection of fact - Ground of appeal - Which

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

complains of misdirection of fact by the trial court - Does not raise a question of customary law - And is incompetent. Pam v. Gwom (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 322

CUSTOMARY LAW - Appeals - Native law and custom - Issue of - Ground of appeal - Which raises the issue of native law and custom relating to the burial of one's dead - Is a valid ground. Pam v. Gwom (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 322

CUSTOMARY LAW - Area Courts - Action - Commencement - There is no strict procedure for filing a complaint - It is enough for the complainant to verbally tell the court what his grouse is. Galadima v. Tambai (2000) 6 KLR (pt 106) 2163; (2000) 11 NWLR (Pt. 677) 1

CUSTOMARY LAW - Customary arbitration proceedings - Document purporting to represent - Probative value of - Where the document was executed by only one of the parties - It has no probative value. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

CUSTOMARY LAW - Customary tenancy - Possession - A customary tenant has a right of possession - Unless he commits acts of misconduct Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

CUSTOMARY LAW - Evidence - Proof - Customary law is a question of fact which must be proved by evidence - If judicial notice is not available through decided cases of the superior courts. Ifabiyi v. Adeniyi (2000) 5 KLR (pt 103) 1505; (2000) 6 NWLR (Pt. 662) 532

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

CUSTOMARY LAW - Land law - Customary tenancy - Lack of certainty of exact Customary dues being paid is irrelevant - Once the homage in times past has been proved. Makinde v. Akinwale (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32251; (2000) 2 NWLR (Pt. 645) 435

CUSTOMARY LAW - Land law - Sale - A written contract is not necessary to effect a valid sale - Payment of the purchase price coupled with delivery of possession of the land - Creates a valid sale. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

CUSTOMARY LAW - Land Law - Sale of land - Requirements for a valid sale of land under customary law. Akinterinwa v. Oladunjoye (2000) 4 KLR (pt 99) 753; (2000) 6 NWLR (Pt. 659) 92

CUSTOMARY LAW - Sale of land - Requirements of a valid sale of land - Under native law and custom. Elema v. Akenzua (2000) 6 KLR (pt 107) 2345; (2000) 13 NWLR (Pt. 683) 92

CUSTOMARY LAW - Upper Area Court - Appeal - Filing of appeal to an Upper Area Court does not follow any formula - What is important is for the appellant to clearly state his grievance - Either in writing or orally. Galadima v. Tambai (2000) 6 KLR (pt 106) 2163; (2000) 11 NWLR (Pt. 677) 1

DAMAGES - Action - Breach of contract - Measure of damages - In an action for breach of contract - The measure of damages is the loss flowing naturally from the breach. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

DAMAGES - Actions - Contract - Breach of - Where goods form the subject matter of the litigation - The Court has to ascertain the pecuniary loss before trial. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

DAMAGES - Court - Assessment of damages - Nature of claim - Before a court can commence a meaningful assessment of damages - It must be sure of the nature of the claim. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

DAMAGES - Damages - Contract - Breach of - Where goods form the subject matter of the litigation - The Court has to ascertain the pecuniary loss before trial.

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

DAMAGES - Land law - Damages and perpetual injunction - Awarded by the trial court - Was proper - And the Court of Appeal was wrong in interfering therewith. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

DAMAGES - Principles - Guiding the award of damages in tort - Distinguished from those - Guiding the award of damages in contract. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

DAMAGES - Security for damages - Belongs to adjectival law - It is not a cause of action sufficient to ground a claim - Unless provided by a statute. Messrs. Nv Scheep v. The Mv "S.Araz" (2000) 12 KLR (pt 110) 2979; (2000) 15 NWLR (Pt. 691) 622

DAMAGES - Special damages - Mitigation of loss - Suffered due to the negligence of the defendant - It is always expected of the plaintiff to mitigate the loss. Obasuyi v. Business Ventures Limited (2000) 4 KLR (pt 101) 1173; (2000) 5 NWLR (Pt. 658) 668

DAMAGES - Special damages - Unjustified award - Claim for 262 days for loss of use - Is most unreasonable - And the award of damages for that is unjustified. Obasuyi v. Business Ventures Limited (2000) 4 KLR (pt 101) 1173; (2000) 5 NWLR (Pt. 658) 668

DAMAGES - Trespass - Action for - Only a person is possession of land in dispute at the material time - Can maintain an action for damages for trespass. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

DAMAGES - Trespass - Evidence of possession - Where a plaintiff has failed to prove title - It may be necessary to consider the evidence of possession - In order to ascertain whether he is entitled to damages and injunction - Claimed for in the alleged trespass. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

DEFAMATION - Courts - Inference from facts - When a tribunal is urged to draw inference from facts - Such inference must be such as a reasonable person would draw - Having regard to the totality of the circumstances. Agbanelo v. Union

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

DEFAMATION - Libel - Claim for - Proof - A claim for libel does not depend merely on oral evidence - But on inferences to be drawn from the established facts and the law. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

DEFAMATION - Libel - Judicial proceedings - Where the publication complained of was a fair and accurate report of judicial proceedings - It enjoys the protection of being privileged. Emeagwara v. Star Printing (2000) 5 KLR (pt 104) 1711; (2000) 10 NWLR (Pt. 679) 489

DEFAMATION - Libel - Malice - Burden of proof - While the onus of proving that the publication is accurate lies on the defendant - The burden of proving malice rests solely on the plaintiff. Emeagwara v. Star Printing (2000) 5 KLR (pt 104) 1711; (2000) 10 NWLR (Pt. 679) 489

DEFAMATION - Libel - Malice - The fact that a publication is fair and accurate in substance - Does not automatically make it privileged - The privilege can easily be defeated by malice. Emeagwara v. Star Printing (2000) 5 KLR (pt 104) 1711; (2000) 10 NWLR (Pt. 679) 489

DEFAMATION - Libel - Qualified privilege of a publication - What must be proved - Before the qualified privilege is destroyed. Emeagwara v. Star Printing (2000) 5 KLR (pt 104) 1711; (2000) 10 NWLR (Pt. 679) 489

DEFAMATION - Libel - Qualified privilege - Plea of - To sustain such a plea - The report or publication must be proved to be fair and accurate. Emeagwara v. Star Printing (2000) 5 KLR (pt 104) 1711; (2000) 10 NWLR (Pt. 679) 489

DEFAMATION - Libel - Qualified privilege - Publication - Although the publication must be fair and accurate - It needs not be verbatim or word for word - To qualify for the privilege. Emeagwara v. Star Printing (2000) 5 KLR (pt 104) 1711; (2000) 10 NWLR (Pt. 679) 489

DEFAMATION - Libel - Qualified privilege - What it means. Emeagwara v. Star Printing (2000) 5 KLR (pt 104) 1711; (2000) 10 NWLR (Pt. 679) 489

DEFAMATION - Libel - "Malice" - What it means. Emeagwara v. Star Printing (2000) 5 KLR (pt 104) 1711; (2000) 10 NWLR (Pt. 679) 489

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

DEFAMATION - Principles - Defamatory statement - Relevant principles for determining whether a statement is defamatory or not. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

DEMURRER - Amended pleading - Where the time limited for delivering an amended statement of defence has not elapsed - It is competent for the defendant to raise a demurrer. Mobil Oil (Nigeria) PLC v. IAL 36 INC. (2000) 4 KLR (pt 100) 999; (2000) 6 NWLR (Pt. 659) 146

DEMURRER - Application procedure - A party who chooses to proceed by way of demurrer - Cannot superimpose on it a procedure of his own making. Mobil Oil (Nigeria) PLC v. IAL 36 INC. (2000) 4 KLR (pt 100) 999; (2000) 6 NWLR (Pt. 659) 146

DEMURRER - Carriage of goods - Bill of lading - Good defence - When a plaintiff can rely on a demurrer procedure as to whether a good defence has been disclosed. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

DEMURRER - Irregular procedure - Taking of evidence - Any procedure adopted which involved the taking or assessing of evidence - Would be irregular Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

DEMURRER - Locus standi - Bill of lading - Property in the goods - Where the property in the goods has not passed to a third party - The plaintiff has locus standi. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

DEMURRER - Locus standi -Carriage by sea - Bill of lading - Where the averment in the statement of claim shows that the plaintiff has a right to sue on the bill of lading - And that the defendants failed to meet the claims of the plaintiff - The plaintiff has locus standi to sue - And the demurrer proceeding ought to fail. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

.

DEMURRER - Locus standi - Carriage of goods - Bill of lading - When it would be appropriate for a defendant to demur on the locus standi of the plaintiff. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

(Pt. 678) 387

DEMURRER - Nature - Demurrer - Under Order 27 of the Federal High Court (Civil Procedure) Rules 1976 - Nature and extent of the plea. Mobil Oil (Nigeria) PLC v. IAL 36 INC. (2000) 4 KLR (pt 100) 999; (2000) 6 NWLR (Pt. 659) 146

DEMURRER - Pleading - Documents that are pleaded - If exhibited to make them part of the pleading for the purpose of demurrer proceeding - That approach would radically change the demurrer principle - Of relying on the statement of claim alone Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

DEMURRER - Principle of - A defendant is neither permitted to file a Statement of defence nor to tender evidence - He is taken to have accepted all the facts pleaded by the plaintiff - But rely on some point of law Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

DOCUMENTS - Action - Estoppel - Document - Where a document which was solely relied upon to found estoppel - Was made after the happening of the accident upon which the action arose - The document cannot work as an estoppel. Ehidimhen v. Musa (2000) 4 KLR (pt 102) 1323; (2000) 8 NWLR (Pt. 669) 540

DOCUMENTS - Banking - Letters of credit - Conditions stated for opening letters of credit - Are binding on the appellant. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

DOCUMENTS - Due execution - Illiterate jurat - Document executed by an illiterate - Strict compliance with the law is mandatory. Itauma v. Akpe-Ime (2000) 7 KLR (pt 109) 2797; (2000) 12 NWLR (Pt. 680) 156

DOCUMENTS - Evidence - Admissibility - Public document - Certified true copy - Of proceedings in a previous suit - There is nothing wrong in a court acting on an admission made in such a document. Franchal Nig. Ltd v. Nigeria Arab Bank Ltd (2000) 6 KLR (pt 105) 1849; (2000) 9 NWLR (Pt. 671) 1

DOCUMENTS - Illiterates jurat - Absence of jurat - In a document signed by an illiterate - Does not render the document null and void. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

DOCUMENTS - Issue of execution thereof by a Witness - Clear and unequivocal evidence by that witness - Is what would have been of benefit to the appellants. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

DOCUMENTS - Lease - Validity - Requirements of a valid lease. Okechukwu v. Onuorah (2000) 12 KLR (pt 110) 2939; (2000) 15 NWLR (Pt. 691) 597

DOCUMENTS - Legal agreement - The main purport - Of any legal agreement is to set out clearly what the parties agree upon. Okechukwu v. Onuorah (2000) 12 KLR (pt 110) 2939; (2000) 15 NWLR (Pt. 691) 597

DOCUMENTS - Pleading - Evidence - When a document is Pleaded it forms part of the pleading - And the document will be tendered as the evidence in proof of those facts. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

DOCUMENTS - Public document - Admissibility - Detention order - Is a public document - In the absence of the original copy - Its certified copy becomes admissible in evidence. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

DOCUMENTS - Purchase receipt - Admissibility - Purchase receipt is admissible in evidence as a mere receipt - And not in proof of title to land. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

DOCUMENTS - Value of - Customary arbitration proceedings - Document purporting to represent - Probative value of - Where the document was executed by only one of the parties - It has no probative value. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

ELECTIONS - Chieftaincy matters - Election - Validity of - Quorum stipulated by law - Where sustained - Participation by some disputed kingmakers simpliciter - Cannot invalidate the election. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

ELECTIONS - Majority votes - Party that secures valid majority votes - Is properly and validly selected. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

ELECTIONS - Validity of - Election conducted in substantial compliance - With

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

the relevant statute - Is valid. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

EQUITY - Equitable defence - Acquiescence - Void act - Where the act complained of is void - Acquiescence by the complainant would not clothe it with validity. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

EQUITY - Equitable interest - Sale of land - Contract of - Where a person entered into a property under a contract of sale - He has acquired an equitable interest in the land - Which may be converted into a legal estate by specific performance. Elema v. Akenzua (2000) 6 KLR (pt 107) 2345; (2000) 13 NWLR (Pt. 683) 92

ESTOPPEL - Action - Document - Where a document which was solely relied upon to found estoppel - Was made after the happening of the accident upon which the action arose - The document cannot work as an estoppel. Ehidimhen v. Musa (2000) 4 KLR (pt 102) 1323; (2000) 8 NWLR (Pt. 669) 540

ESTOPPEL - Cause of action estoppel - What it means Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

ESTOPPEL - Estoppel - It's meaning and Purport. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

ESTOPPEL - Estoppel per rem judicatam - Plea of - For the plea to succeed - What the party relying on it must establish Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

ESTOPPEL - Estoppel per rem judicatam - Pleading - It must be specifically pleaded to avail the party invoking it - Function of pleadings - Is to avoid any surprise at the hearing Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

ESTOPPEL - Issue estoppel - Appeal - Where the courts treated the judgment in a previous suit - As if it was on appeal before them - They are wrong in so doing - Their duty was to give effect to it. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

ESTOPPEL - Issue estoppel - Distinct findings in a previous suit - Which are binding on the parties and their privies - May not be relitigated any longer as

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

between them. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

ESTOPPEL - Issue estoppel - Ingredients - That must be present for issue estoppel to apply. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

ESTOPPEL - Issue estoppel - Plea of - Where issue was joined in a previous suit between the parties on the same question - And the trial judge in the previous suit decided the question - The plea of issue estoppel relied in the present case ought to succeed. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

ESTOPPEL - Issue estoppel - Pleadings - Materials for resting on issue estoppel were pleaded - Court of Appeal was right to determine the case - On the basis of issue estoppel. Ito v. Ekpe (2000) 2 KLR (pt 95) 249; (2000) 3 NWLR (Pt. 650) 678

ESTOPPEL - Courts - Public policy demands that courts should not encourage relitigation - Between same parties, same cause or same issue - As in previous and present proceedings. Ito v. Ekpe (2000) 2 KLR (pt 95) 249; (2000) 3 NWLR (Pt. 650) 678

ESTOPPEL - Issue estoppel - What it means. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

ESTOPPEL - Land law - Previous proceeding - That is not between same parties - Is usually inadmissible - But such non inter partes previous judgment - Is admissible in proof of acts of possession - And can operate as estoppel by conduct or standing by. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

ESTOPPEL - Principle of estoppel - Application - when the principle will apply. Ehidimhen v. Musa (2000) 4 KLR (pt 102) 1323; (2000) 8 NWLR (Pt. 669) 540

ESTOPPEL - Res judicata - Defence of - Burden of proof - The burden is on the party who sets up the defence - To establish the preconditions conclusively. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

ESTOPPEL - Res judicata - Estoppel per rem judicatam and issue estoppel - How

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

to differentiate them. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

ESTOPPEL - Res judicata - Plea of - Application of - The plea operates not only against the parties - But also against the jurisdiction of the court itself. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

ESTOPPEL - Res judicata - Public policy rule - Requires that no one be vexed twice - And that there should be an end to litigation Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

ESTOPPEL - Res judicata - What the court is to consider - In determining whether the issues - The subject matter of the two actions - And the parties are the same. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

ESTOPPEL - Subject matter - Land dispute - The disputed land is the same - As in the previous and present suits. Ito v. Ekpe (2000) 2 KLR (pt 95) 249; (2000) 3 NWLR (Pt. 650) 678

ESTOPPEL - Transit in rem judicatam - What it means Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

EVIDENCE - Action - Parties - Proper party - Where there is no evidence to connect a party with the cause of action - That party is not a proper party to the action. Ehidimhen v. Musa (2000) 4 KLR (pt 102) 1323; (2000) 8 NWLR (Pt. 669) 540

EVIDENCE - Actions - Consolidation - The consolidation of two actions does not render the evidence tendered in one ipso facto evidence in the other. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

EVIDENCE - Actions - Counter claim - Admission and available evidence - Entitles respondent to succeed in its counter claim. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

EVIDENCE - Actions - Triable issue - Affidavit filed by the appellant - Raised a plausible defence. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

EVIDENCE - Admissibility - Medical report - When tendered and admitted in

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

evidence - Is regarded as sufficient evidence of the facts stated therein The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

EVIDENCE - Admissibility - Public document - Certified true copy - Of proceedings in a previous suit - There is nothing wrong in a court acting on an admission made in such a document. Franchal Nig. Ltd v. Nigeria Arab Bank Ltd (2000) 6 KLR (pt 105) 1849; (2000) 9 NWLR (Pt. 671) 1

EVIDENCE - Admissibility - Title - Evidence of traditional historical fact - Must not only be given by members of the immediate family of the land owners - In order to be admissible. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

EVIDENCE - Affidavit - Conflict - Where the facts pleaded have been adequately supported by relevant documentary evidence - It does not require the calling of oral evidence - To resolve the conflict in the affidavit evidence Cotia Importacao S.A. v. Sanusi Bros. (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

EVIDENCE - Affidavits - Appeals - Where the issues are clear - And there is no serious contradiction in the affidavit evidence - Oral evidence will be unnecessary. Odedeyi v. Odedeyi (2000) 2 KLR (pt 96) 401; (2000) 3 NWLR (Pt. 650) 655

EVIDENCE - Affidavits - Intrinsic contradictions - In the affidavits filed by a party - The contradictions do not call for the hearing of oral evidence - In order to resolve them. Momah v. Vab Petroleum Inc. (2000) 2 KLR (pt 97) (2000) 2 KLR (pt 97) 543; (2000) 4 NWLR (Pt. 654) 534

EVIDENCE - Appeal - Evaluation of evidence - The evaluation of evidence and the ascription of probative value to such evidence - Are the primary functions of the trial court - And where such court unquestionably evaluates the evidence - It is not the business of the appellate Court to interfere. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

EVIDENCE - Appeal - Finding - Interference with - Where there is no evidence of exceptional circumstance - To justify an appellate court disturbing the finding - It will be affirmed. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

EVIDENCE - Appeal - Finding - Which is supported by overwhelming evidence adduced at the trial - Would be affirmed. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

EVIDENCE - Appeal - Further evidence - Grounds upon which further evidence can be allowed. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

EVIDENCE - Appeals - Evaluation of evidence - Where evidence is purely documentary - The Supreme Court is in a good position as the lower courts - To examine the entire evidence - And arrive at a different conclusion. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

EVIDENCE - Arbitrator - Findings on the evidence - Where the arbitrator based his findings and award on the evidence before him - He has not misconducted himself. A. Savoia Ltd v. Sonubi (2000) 7 KLR (pt 109) 2827; (2000) 12 NWLR (Pt. 682) 539

EVIDENCE - Boundaries of land - Common boundary - Where the parties own land along a common boundary - It is necessary to show and prove the precise boundary features along the common boundary. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

EVIDENCE - Boundaries of land - How proved - The precise identity and extent of the land claimed may be established - By oral description of the land in dispute - Or by filing and tendering an accurate survey plan of the land. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

EVIDENCE - Boundaries of land - Onus of proof -The onus is on the plaintiff who seeks a declaration of title and or injunction - To show clearly the area of land to which his claims relate. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

EVIDENCE - Boundaries of the land - Before a declaration of title to land is given - The first duty of the claimant is to establish - The area of land to which his claim relates. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

EVIDENCE - Burden of proof - In civil cases the burden is not static - While it initially lies on the plaintiff - The proof or rebuttal of issues which arise in the

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

course of proceedings - May shift from the plaintiff to the defendant and vice versa Itauma v. Akpe-Ime (2000) 7 KLR (pt 109) 2797; (2000) 12 NWLR (Pt. 680) 156

EVIDENCE - Burden of proof - Lies on the prosecution - While the standard of proof is proof beyond reasonable doubt. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

EVIDENCE - Chieftaincy matters - Kingmakers - Challenge against their eligibility to vote - Was not successfully done. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

EVIDENCE - Circumstantial evidence - Conviction based on circumstantial evidence can be obtained - But such evidence must be positive, unequivocal and lead irresistibly to the conclusion - That it is the accused that committed the offence. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

EVIDENCE - Circumstantial evidence - Inference of guilt - In drawing such an inference from circumstantial evidence - It is necessary to be sure that there are no other coexisting circumstances - Which would weaken the inference. Akinmoju v. The State (2000) 4 KLR (pt 99) 809; (2000) 6 NWLR (Pt. 662) 608

EVIDENCE - Circumstantial evidence - Inferences - To be drawn from such evidence - Are rebuttable - But where such evidence is not rebutted - Finding of the trial court should not be interfered with by an appellate court Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

EVIDENCE - Circumstantial evidence - To be sufficient - It should convince a court - That on no rational basis other than the offence as charged can the facts be accounted for. Akinmoju v. The State (2000) 4 KLR (pt 99) 809; (2000) 6 NWLR (Pt. 662) 608

EVIDENCE - Civil cases - Preponderance of evidence - In civil cases judgments are given on preponderance of evidence. Iordye v. Ihyambe (2000) 12 KLR (pt 111) 3069; (2000) 15 NWLR (Pt. 692) 675

EVIDENCE - Civil Proceedings - Burden of proof - In applying the principle that he who alleges must prove - There is no distinction between a plaintiff and a defendant. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt.

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

652) 253

EVIDENCE - Claim - Debt - Defence - It is not enough for the defendant to show a case of hardship - Nor a mere inability to pay. Cotia Importacao S.A. v. Sanusi Brothers (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

EVIDENCE - Claim - Specially endorsed writ - Defence - Legal Objection - Where legal objection is raised - The fact and the point of law arising therefrom - Must be clearly and adequately stated. Cotia Importacao S.A. v. Sanusi Brothers (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

EVIDENCE - Claim - Specially endorsed writ - Statement of defence - The fact that a defendant has served a statement of defence - Can only be sufficient to allow him to defend the claim - If it is not a sham defence. Cotia Importacao S.A. v. Sanusi Brothers (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

EVIDENCE - Claim - Uncontroverted evidence - Where the plaintiff's claim by the pleadings and evidence remained uncontroverted - He is entitled to judgment. Elema v. Akenzua (2000) 6 KLR (pt 107) 2345; (2000) 13 NWLR (Pt. 683) 92

EVIDENCE - Concurrent findings of fact - Attitude of the Supreme Court to such findings - Onus is on the appellant to establish that injustice has been done to him by such findings. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

EVIDENCE - Confession - Free and voluntary confession of guilt - Made by an accused person - When it is sufficient to warrant his conviction. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

EVIDENCE - Confessional statements - Retraction at the trial - Truth of the statements - Evidence outside the statements - There was such evidence in the instant case - To confirm the truth of the contents of those statements. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

EVIDENCE - Contradiction - Manslaughter - Where the court relies on medical evidence to prove cause of death - Such medical evidence must show clearly - That the injury inflicted on the deceased - Caused his death without any intervening factor. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

EVIDENCE - Courts - Evaluation of evidence - Witness - Contradictions in the evidence of a witness - It is the duty of the trial Court to determine - Whether such contradictions affect the quality of the evidence. Igbi v. The State (2000) 2 KLR (pt 97) 485; (2000) 3 NWLR (Pt. 648) 169

EVIDENCE - Courts - Resolution of conflicts - Should be by painstaking evaluation of facts or evidence - Placed before the court. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

EVIDENCE - Credibility - Appraisal of oral evidence - Is the primary function of the trial court - And not the appellate court. Sagay v. Sajere (2000) 4 KLR (pt 99) 733; (2000) 6 NWLR (Pt. 661) 360

EVIDENCE - Crime - Admission - Made at any time by a person charged with an offence - Suggesting that he committed the offence - Is a relevant fact against him - And if voluntary is admissible in evidence. Akinmoju v. The State (2000) 4 KLR (pt 99) 809; (2000) 6 NWLR (Pt. 662) 608

EVIDENCE - Crime alleged in a civil case - A party who intends to prove charges of fraud - Must do so beyond reasonable doubt - And must have set them down specifically in his pleading. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

EVIDENCE - Criminal procedure - Duty of the prosecution to place before the court all available relevant evidence - What it means. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

EVIDENCE - Criminal trial - Defence - In a criminal trial any defence raised by an accused person - Must be considered however slight. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

EVIDENCE - Cross examination - Failure to cross examine a witness upon a particular matter - The implication is that the evidence of that witness is not challenged. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

EVIDENCE - Customary law - Proof - Customary law is a question of fact which must be proved by evidence - If judicial notice is not available through decided cases of the superior courts. Ifabiyi v. Adeniyi (2000) 5 KLR (pt 103) 1505; (2000) 6 NWLR (Pt. 662) 532

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

EVIDENCE - Document - Admissibility - Detention order - Is a public document - In the absence of the original copy - Its certified copy becomes admissible in evidence. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

EVIDENCE - Document - Customary arbitration proceedings - Document purporting to represent - Probative value of - Where the document was executed by only one of the parties - It has no probative value. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

EVIDENCE - Document - Illiterates jurat - Absence of jurat - In a document signed by an illiterate - Does not render the document null and void. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

EVIDENCE - Document - Issue of execution thereof by a Witness - Clear and unequivocal evidence by that witness - Is what would have been of benefit to the appellants. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

EVIDENCE - Documents - Due execution - Illiterate jurat - Document executed by an illiterate - Strict compliance with the law is mandatory. Itauma v. Akpe-Ime (2000) 7 KLR (pt 109) 2797; (2000) 12 NWLR (Pt. 680) 156

EVIDENCE - Documents - Written agreement - Parties are bound by the contents - Of any written agreement duly executed by them. Anyaegbunam v. Osaka (2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

EVIDENCE - Estoppel - Document - Where a document which was solely relied upon to found estoppel - Was made after the happening of the accident upon which the action arose - The document cannot work as an estoppel. Ehidimhen v. Musa (2000) 4 KLR (pt 102) 1323; (2000) 8 NWLR (Pt. 669) 540

EVIDENCE - Estoppel - It's meaning and Purport. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

EVIDENCE - Estoppel per rem judicatam and issue estoppel - How to differentiate them. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

EVIDENCE - Evaluation - Judgment must be based on evidence properly

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

evaluated - For the trial judge to be seen to have discharged his judicial function properly. Sagay v. Sajere (2000) 4 KLR (pt 99) 733; (2000) 6 NWLR (Pt. 661) 360

EVIDENCE - Evaluation - Miscarriage of justice - Failure to adequately evaluate evidence - Where the failure complained of is with respect to matters not affecting the determination of the case - There is no miscarriage of justice. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

EVIDENCE - Evaluation of evidence - Duty of a trial Court - Is to adequately evaluate the evidence adduced in the case - And make appropriate findings of facts Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

EVIDENCE - Evaluation of evidence - Misconception of case - Judgment that was fundamentally flawed - By the Court's misconception of the plaintiff's case - And failure to accept or reject the evidence of a witness - Cannot be allowed to stand. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

EVIDENCE - Evaluation of evidence - The phrase `'l believe" - When used by a trial judge is not final or conclusive - There must be a reason for believing one witness and disbelieving the other The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

EVIDENCE - Execution - Legality of sale of immovable properties - Setting aside - For the sale to be set aside - It must be proved that there was material irregularity in the conduct of the sale - Which resulted in substantial injury. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

EVIDENCE - Exhibits - Admissions and findings on them - That were supported by oral evidence - Will not vitiate the judgment - Even if such admissions were wrongful. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

EVIDENCE - Findings - Unsupported by any legal evidence - Is perverse and erroneous - And cannot be allowed to stand. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

EVIDENCE - Forgery allegation in civil proceedings - Ambiguous evidence - Cannot discharge the required burden of proof. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

EVIDENCE - Forgery allegation in civil proceedings - Ambiguous evidence - Cannot discharge the required burden of proof. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

EVIDENCE - Identification parade - Is not necessary in every case. Igbi v. The State (2000) 2 KLR (pt 97) 485; (2000) 3 NWLR (Pt. 648) 169

EVIDENCE - Identity of land - And accuracy of the survey plan - Where these are not in dispute - The plaintiff will not need to prove the boundaries of the land. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

EVIDENCE - Interpretation, s. 33 (6) (e) of the Constitution - Is not necessary where accused understands the language used in evidence - Even if it is not English language. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

EVIDENCE - Islamic law - Proof - Oath - Where the plaintiff fails to prove his case in a claim for money or which can be estimated in money's worth - The defendant shall be called upon to take the oath rebutting the plaintiff's claim. Jiddun v. Abuna (2000) 10 KLR (pt 110) 2879; (2000) 14 NWLR (Pt. 686) 209

EVIDENCE - Islamic law - Succession - Two spouses who died almost contemporaneously - How to establish who predeceased the other. Jiddun v. Abuna (2000) 10 KLR (pt 110) 2879; (2000) 14 NWLR (Pt. 686) 209

EVIDENCE - Issue estoppel - Appeal- Where the courts treated the judgment in a previous suit - As if it was on appeal before them - They are wrong in so doing - Their duty was to give effect to it. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

EVIDENCE - Issue estoppel - Ingredients - That must be present for issue estoppel to apply. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

EVIDENCE - Issue estoppel - Plea of - Where issue was joined in a previous suit between the parties on the same question - And the trial judge in the previous suit decided the question - The plea of issue estoppel relied in the present case ought to succeed. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

EVIDENCE - Judgment - Consideration of evidence - What amounts to adequate consideration of the evidence in a case - Should depend on the nature of the issues raised. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

EVIDENCE - Judgment - Retrial order - When a trial court fails in its appraisal of evidence - Circumstances when the appellate court will order a retrial. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

EVIDENCE - Judgments - Findings of fact - Which are supported by credible evidence - Such findings are not perverse. Fayehun v. Fadoju (2000) 4 KLR (pt 99) 789; (2000) 6 NWLR (Pt. 661) 390

EVIDENCE - Judicial notice - Detention order - The court cannot take judicial notice of a detention order - Unless it can be subsumed as a subsidiary legislation. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

EVIDENCE - Land law - Previous proceeding - That is not between same parties - Is usually inadmissible - But such non inter partes previous judgment - Is admissible in proof of acts of possession - And can operate as estoppel by conduct or standing by. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

EVIDENCE - Land law - Title - Claim for declaration of title - A plaintiff in such a claim must succeed on the strength of his case. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

EVIDENCE - Land law - Title to land - Declaration of - Burden of proof - The burden lies on the plaintiff who is seeking for declaration of title to land - To prove his case on his evidence - And will fail if he fails to discharge that burden. Echi v. Nnamani (2000) 5 KLR (pt 104) 1685; (2000) 8 NWLR (Pt. 667) 1

EVIDENCE - Land law - Traditional evidence and acts of possession - Not seriously challenged under cross examination - Was rightly accepted - And there are recent facts of acts of possession - Which support the traditional evidence. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

EVIDENCE - Land Use Act - Certificate of occupancy - Effect of - It is not a conclusive evidence of any right interest or valid title to land - In favour of the grantee. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

EVIDENCE - Land Use Act - Certificate of occupancy - Onus of proof - The onus is on the grantee of such certificate - To establish that the land was vested in him - Before the commencement of the Act. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

EVIDENCE - Land Use Act - Statutory right of occupancy - Deemed holder - A plaintiff who failed to establish that he had any right to a land in dispute - Cannot be deemed a holder of a statutory right of occupancy - Under section 34 of the Act. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

EVIDENCE - Lapses - Traditional history evidence - Usual lapse therein - Would not justify disturbance of trial court's clear finding of fact. Makinde v. Akinwale (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32251; (2000) 2 NWLR (Pt. 645) 435

EVIDENCE - Libel - Malice - Burden of proof - While the onus of proving that the publication is accurate lies on the defendant - The burden of proving malice rests solely on the plaintiff. Emeagwara v. Star Printing (2000) 5 KLR (pt 104) 1711; (2000) 10 NWLR (Pt. 679) 489

EVIDENCE - Libel - Qualified privilege of a publication - What must be proved - Before the qualified privilege is destroyed. Emeagwara v. Star Printing (2000) 5 KLR (pt 104) 1711; (2000) 10 NWLR (Pt. 679) 489

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

EVIDENCE - Medical evidence - Cause of death - Where the cause of death is obvious - Medical evidence ceases to be of practical legal necessity. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

EVIDENCE - Murder - Cause of death - Medical report - A court can in the absence of a medical report - Properly infer the cause of death from the evidence. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

EVIDENCE - Murder - Confessional - Confessional Statement - Where the Victim died as a result of the voluntary act of the accused - It is material whether the accused's extra judicial statement - Is a confessional statement or not. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

EVIDENCE - Murder - Contradiction in the evidence of the prosecution witness - It is the duty of the prosecution to explain the contradiction. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

EVIDENCE - Murder - Conviction - Sustained by overwhelming circumstantial evidence - Is consistent with appellant's guilt. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

EVIDENCE - Murder - Proof - Standard of proof - Where the prosecution had not established its case - Beyond any reasonable doubt - The doubt must be resolved in favour of the appellant. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

EVIDENCE - Murder - Proof - What must be established - In order to establish a charge of murder. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

EVIDENCE - Murder - Unlawful carnal knowledge - Death as a result of such act - Where there was no evidence that the act was of such a nature as to be likely to endanger human life - The conviction of the appellant for murder was wrong - But he is guilty of manslaughter. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

EVIDENCE - Oral evidence - Hearsay evidence - Oral instruction - Oral evidence of such instruction by the receiver - Is not a hearsay evidence. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

EVIDENCE - Oral evidence - Proof - Oral instruction - Given by a Chief Executive to a subordinate - Can be proved by oral evidence. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

EVIDENCE - Pleading - Allegation of fact - Denial of - Every allegation of fact if not denied specifically or by necessary implication - Shall be taken as established at the hearing. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

EVIDENCE - Pleading - Evidence which is at variance with the pleading - Goes to no issue Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

EVIDENCE - Pleading - Issues - Proof - Evidence must be directed and confined to the proof or disproof - Of the issues as settled by the pleadings. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

EVIDENCE - Pleading - Striking out - Application for pleading to be struck out - Under Order 22 Rule 4 of the High Court of Lagos Civil Procedure Rules 1972 - The rule will not apply where one has to go to extrinsic evidence to show that the pleading is bad. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

EVIDENCE - Pleading - Title to land - Root of title - Once a party pleads and traces his root of title to a particular source - And the averment is challenged - What that party must establish in order to succeed. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

EVIDENCE - Pleadings - Admission - Bindingness of pleadings - What is admitted need not be proved - And parties are bound by their pleadings. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

EVIDENCE - Pleadings - Evidence led not in conformity with the pleadings - Goes to no issue. Anyanwu v. Iwuchukwu (2000) 12 KLR (pt 110) 2967; (2000) 15 NWLR (Pt. 692) 721

EVIDENCE - Pleadings - Evidence which is contrary to the pleadings - Goes to no issues Itauma v. Akpe-Ime (2000) 7 KLR (pt 109) 2797; (2000) 12 NWLR (Pt. 680) 156

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

EVIDENCE - Pleadings - Evidence - Which is at variance with the pleadings - Goes to no issue. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

EVIDENCE - Pleadings - Function - Parties and the courts are bound by the pleadings. Anyanwu v. Iwuchukwu (2000) 12 KLR (pt 110) 2967; (2000) 15 NWLR (Pt. 692) 721

EVIDENCE - Pleadings - Issues - Parties are bound by their pleadings - Which shall for all purposes dictate issues admitted - And issues disputed. Anyaegbunam v. Osaka (2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

EVIDENCE - Pleadings - Issues - Were properly joined by the pleadings - Parties are bound by their pleadings - Evidence not supported by the pleadings - Goes to no issue. Ito v. Ekpe (2000) 2 KLR (pt 95) 249; (2000) 3 NWLR (Pt. 650) 678

EVIDENCE - Pleadings - Proof - Burden - The burden of proof rests on the party who alleges. Echi v. Nnamani (2000) 5 KLR (pt 104) 1685; (2000) 8 NWLR (Pt. 667) 1

EVIDENCE - Pleadings - Statement of claim - Reasonable cause of action - In considering whether a pleading discloses a reasonable cause of action - Only the allegations in the Writ of Summons and the statement of claim are examined. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

EVIDENCE - Pleadings - Survey plan - Joining of issues - Where a defendant is desirous of joining issue with any aspect of a plaintiff's survey plan in respect of a land in dispute - What such a defendant must do. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

EVIDENCE - Pleadings - Where the plaintiff adduced no evidence - As to the root of title he pleaded - His case ought to have been dismissed. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

EVIDENCE - Previous judgment - Where it constitutes a fact in issue - It is a relevant fact which could be pleaded. Ito v. Ekpe (2000) 2 KLR (pt 95) 249; (2000) 3 NWLR (Pt. 650) 678

EVIDENCE - Proof - Burden of proof - While the burden of proof initially lies

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

on the plaintiff - The proof or rebuttal of issues may shift as the case progresses Elema v. Akenzua (2000) 6 KLR (pt 107) 2345; (2000) 13 NWLR (Pt. 683) 92

EVIDENCE - Proof - Murder - Under section 316 (3) of the Criminal Code - What the prosecution must prove. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

EVIDENCE - Proof - Threat to kill s. 323 CC - Prosecution must prove 3 essential elements - Including the fact that the contents of the letter amount to threat to kill. Ubanatu v. Commissioner of Police (2000) 1 KLR (pt 94) 87; (2000) 2 NWLR (Pt. 643) 115

EVIDENCE - Purchase receipt - Admissibility - Purchase receipt is admissible in evidence as a mere receipt - And not in proof of title to land. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

EVIDENCE - Reevaluation of evidence - By an appellate Court - Does not mean copious reproduction of such evidence. Iordye v. Ihyambe (2000) 12 KLR (pt 111) 3069; (2000) 15 NWLR (Pt. 692) 675

EVIDENCE - Res judicata - Defence of - Burden of proof - The burden is on the party who sets up the defence - To establish the preconditions conclusively. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

EVIDENCE - Retirement - Burden of proof - Pensions Act, 1979 - Provisions of section 4 - The burden is on the employer to show that the provisions were complied with. Psychiatric Hospital v. Ejitagha (2000) 6 KLR (pt 107) 2323; (2000) 11 NWLR (Pt. 677) 154

EVIDENCE - Sale of land - Purchase receipt and survey plan - Comparison of purchase receipt and Survey plan to ascertain the boundaries of the land sold - Is wrong Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

EVIDENCE - Summary judgments - Defence on the merit - Defendant's affidavit - Must as far as possible deal specifically with the plaintiff's claim - And should also clearly and concisely state what the defence is. Cotia Importacao S.A. v. Sanusi Brothers (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

EVIDENCE - Survey plan - Where a land in dispute is known to both parties -

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

The non production in evidence of the survey plan of such land - Does not disentitle the plaintiff from successfully maintaining an action over such land. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

EVIDENCE - Title - Proof - What plaintiff must prove in the present case - for his claim in title to succeed. Ngene v. Igbo (2000) 2 KLR (pt 96) 409; (2000) 4 NWLR (Pt. 651) 131

EVIDENCE - Title to land - Acquisition by grant - Reliance on - Where a plaintiff relies on acquisition of title by grant - And fails to prove it - The Court cannot make a case for him on a different form of acquisition. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

EVIDENCE - Title to land - Acquisition of - Idudun & Ors v. Okumagba & ors - That case deals with five ways in which ownership of land may be proved - And not the ways of acquiring title to land. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

EVIDENCE - Title to land - Claim for - A plaintiff must succeed on the strength of his own case - And not on the weakness of the defendant's case - Unless the defendant's case support that of the Plaintiff. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

EVIDENCE - Title to land - Claim for - Declaration of title - What the plaintiff must establish - In order to succeed in such a claim. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

EVIDENCE - Title to land - Declaration of - Onus of proof - The onus is on the plaintiff to satisfy the court that he is entitled to the declaration he seeks - And he must rely on the strength of his own case. Itauma v. Akpe-Ime (2000) 7 KLR (pt 109) 2797; (2000) 12 NWLR (Pt. 680) 156

EVIDENCE - Title to land - Evidence of possession - Where a plaintiff has failed to prove title - It may be necessary to consider the evidence of possession - In order to ascertain whether he is entitled to damages and injunction - Claimed for in the alleged trespass. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

EVIDENCE - Title to land - Grant - Proof of - Traditional history - Where the plaintiffs rely on acquisition of title by grant - Proof of such grant by traditional

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

history arises only where the facts of such grant was so ancient - As to be beyond the memory of living witnesses. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

EVIDENCE - Title to land - Traditional history - Proof - The pleading of the devolution and the evidence in support - Must be reliable and credible. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

EVIDENCE - Title to land - Traditional history - The rule in Kojo II v. Bonsie - Where there is a failure to present a reliable account - Of the founding and devolution of the land in dispute - The rule will not apply. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

EVIDENCE - Title to land - Traditional history - Where evidence of traditional history is found and accepted by the Court to be cogent - It is sufficient to support a claim for declaration of title to land. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

EVIDENCE - Title - Traditional evidence - Party relying on it - Is bound to plead and prove the grantor's title. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

EVIDENCE - Traditional evidence - Conflict in traditional evidence - Judgments in previous suits - Were rightly used to resolve such conflict. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

EVIDENCE - Traditional histories - Conflict - Kojo II v. Bonsie - The principle in that case - Is one of drawing inference from proved facts of the probability of truth - Of one of two or several competing histories. Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

EVIDENCE - Unchallenged and uncontradicted evidence - Attitude of the court to such evidence. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

EVIDENCE - Unchallenged evidence - Attitude of the court - To such evidence. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

EVIDENCE - Witness - Contradictions - In the evidence of a witness or witnesses - When it is material. Igbi v. The State (2000) 2 KLR (pt 97) 485; (2000) 3 NWLR

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

(Pt. 648) 169

EVIDENCE - Witnesses - Ambiguous or unintelligible statement of a witness - When found to be mistaken - Court should consider the extent to which the mistake affects the weight of his evidence generally - Such evidence should not be used as damaging by itself. Olorunfemi v. Asho (2000) 1 KLR (pt 94) 45; (2000) 2 NWLR (Pt. 643) 143

EVIDENCE - Witnesses - Credibility of - The trial judge who saw, observed and heard the witnesses - Is the best judge of their credibility Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

EVIDENCE - Witnesses - Material witness - Hostile witness - Where a material witness will not give evidence favourable to the accused person - The witness ought to be called by the prosecution - For purposes of cross examination. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

EVIDENCE - Witnesses - Review and acceptance of their evidence - Is proper - As there is no apparent contradiction in their testimonies - Court of Appeal erred in holding otherwise. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

EVIDENCE - Witnesses - Title - Evidence towards establishing it - Must not come from the grantor's family - As a party is only bound to call relevant evidence - But not bound to call a particular witness. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

FAIR HEARING - Appeals - Erroneous striking out of 3 of the appellants' grounds of appeal in this case - Does not amount to denial of fair hearing - As the court below decided the case on its merit - Though appellants wrongfully argued grounds instead of issues. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

FAIR HEARING - Bias - Likelihood of - Where the judge had no jurisdiction in the matter - The question whether there was likelihood of bias - Is superfluous. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

FAIR HEARING - Briefs of appeal - Consideration of an abandoned brief by the Court of Appeal - Instead of the amended brief - Means failure to hear

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

appellant's case. Tunbi v. Opawole (2000) 1 KLR (pt 94) 69; (2000) 2 NWLR (Pt. 644) 275

FAIR HEARING - Court - Raising a point suo motu - A court should not raise a point suo motu - And proceed to resolve it without hearing the parties. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

FAIR HEARING - Denial of - Where counsel had an opportunity to be heard - But chose to be silent - He cannot complain that he was not given a fair hearing. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

FAIR HEARING - Suo motu issue - Where raised by the Court - Without hearing the parties - Will amount to breach of right of fair hearing. Araka v. Ejeagwu (2000) 12 KLR (pt 111) 3161; (2000) 15 NWLR (Pt. 692) 684

FAMILY LAW - Family status and membership - Judicial precedents - Supreme Court decision in Adeyemi v. Opeyori - Was rightly followed by the trial court - As it remains the law. Okulate v. Awosanya (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32219; (2000) 2 NWLR (Pt. 646) 530

FAMILY LAW - "Family status" - Means the position of a person within a class of persons constituting a family - Membership of a family - Is not the same as the family status of a person - Family membership has to do with affinity. Okulate v. Awosanya (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32219; (2000) 2 NWLR (Pt. 646) 530

FORFEITURE - Title - Claim of title by tenants which they fail to prove - Grounds forfeiture of their rights as tenants. Makinde v. Akinwale (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32251; (2000) 2 NWLR (Pt. 645) 435

FUNDAMENTAL RIGHTS - African Charter - Enforcement procedure - The Fundamental Rights (Enforcement Procedure) Rules under chapter 4 of the 1979 Constitution for enforcing fundamental rights - Are applicable by extension to the provisions of the African Charter. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

FUNDAMENTAL RIGHTS - African Charter - Enforcement Procedure - Any procedure which will enable an aggrieved person to approach the court for the redress - Of a violation of human rights guaranteed by the African Charter - Can

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

be evoked. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

FUNDAMENTAL RIGHTS - Fair hearing - Denial - It does not constitute a denial of fair hearing - Merely because a judge did not consider a particular issue - Sufficiently cogent for consideration in the determination of a case. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

FUNDAMENTAL RIGHTS - Fair hearing - Denial of - A denial of fair hearing connotes - A refusal to consider the pertinent and relevant issues in the case essential to its determination Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

FUNDAMENTAL RIGHTS - Fair hearing - Denial of - Where counsel had an opportunity to be heard - But chose to be silent - He cannot complain that he was not given a fair hearing. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

FUNDAMENTAL RIGHTS - Jurisdiction - African charter - Was never suspended or repealed - By any of the Constitution (suspension and Modification) Decrees enacted between 1983 and 1999 - The courts jurisdiction to give full recognition and effect - To the African charter remained unimpaired. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

FUNDAMENTAL RIGHTS - Jurisdiction - African charter - Was never suspended or repealed - By any of the Constitution (suspension and Modification) Decrees enacted between 1983 and 1999 - The courts jurisdiction to give full recognition and effect - To the African charter remained unimpaired. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

IDENTIFICATION PARADE - Necessity of - Identification parade - Is not necessary in every case. Igbi v. The State (2000) 2 KLR (pt 97) 485; (2000) 3 NWLR (Pt. 648) 169

IDENTIFICATION PARADE - Necessity of - May not be necessary depending on surrounding circumstances. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

ILLITERATES JURAT - Absence of jurat - In a document signed by an illiterate - Does not render the document null and void Wilson v. Oshin (2000) 6 KLR

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

(pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

ILLITERATES JURAT - Documents - Due execution - Document executed by an illiterate - Strict compliance with the law is mandatory. Itauma v. Akpe-Ime (2000) 7 KLR (pt 109) 2797; (2000) 12 NWLR (Pt. 680) 156

INJUNCTIONS - Failure of - Appeals - Injunction will fail if ancillary declaration on which it is based is set aside on appeal. Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

INJUNCTIONS - Land law - Boundaries of land - An order of injunction cannot be made in respect of an area of land - Whose boundaries are not properly identified. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

INJUNCTIONS - Land law - Damages and perpetual injunction - Awarded by the trial court - Was proper - And the Court of Appeal was wrong in interfering therewith. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

INJUNCTIONS - Trespass and injunction - Title to land - Whenever a claim for trespass is coupled with a claim for an injunction - The title of the parties to the land in dispute is automatically put in issue. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

INJUNCTIONS - Trespass - Evidence of possession - Where a plaintiff has failed to prove title - It may be necessary to consider the evidence of possession - In order to ascertain whether he is entitled to damages and injunction - Claimed for in the alleged trespass. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

INJUNCTIONS - Trespass - Upon the finding that defendants were owners in possession - Plaintiffs are liable in damages for trespass - And an order of injunction. Olorunfemi v. Asho (2000) 1 KLR (pt 94) 45; (2000) 2 NWLR (Pt. 643) 143

INJUNCTIONS - Trespass - Where plaintiff's prior possession is established - He is entitled to succeed in trespass and injunction - Though his claim to title fails. Ngene v. Igbo (2000) 2 KLR (pt 96) 409; (2000) 4 NWLR (Pt. 651) 131

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

INSURANCE - Bond - On demand bond - Not every performance bond is an on demand bond. African Insurance Development Corporation v. Nigeria LGN Limited (2000) 2 KLR (pt 97) 469; (2000) 4 NWLR (Pt. 653) 494

INSURANCE - Performance bond - Description thereof - Is based on the contents - And not the tag on the bond - Towards determining whether payment is to be made just on demand. African Insurance Development Corporation v. Nigeria LGN Limited (2000) 2 KLR (pt 97) 469; (2000) 4 NWLR (Pt. 653) 494

INTERLOCUTORY APPLICATIONS - Appeals - Amendments - Fresh issue - Motion for amendments in this matter - Did not raise any fresh issue. Alsthom S.A. v. Saraki (2000) 11 KLR (pt 110) 2919; (2000) 14 NWLR (Pt. 687) 415

INTERLOCUTORY APPLICATIONS - Appeals - It is neater to dispose of all interlocutory applications- Before embarking on appeal. Alsthom S.A. v. Saraki (2000) 11 KLR (pt 110) 2919; (2000) 14 NWLR (Pt. 687) 415

INTERLOCUTORY APPLICATIONS - Motion for amendment of process - Purpose and method of - Amendment will be granted - To bring out the real matter in controversy. Alsthom S.A. v. Saraki (2000) 11 KLR (pt 110) 2919; (2000) 14 NWLR (Pt. 687) 415

INTERLOCUTORY APPLICATIONS - Substantive case - Yet to be agitated by the parties - Should not be delved into by the Court - When determining an interlocutory matter. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

INTERLOCUTORY APPLICATIONS - Substantive issue - Will not be pronounced upon - So as not to prejudice the trial. Biocon Ltd v. Kudu Holding Ltd (2000) 12 KLR (pt 112) 3231; (2000) 15 NWLR (Pt. 691) 493

INTERLOCUTORY MATTERS - Judgment - A court dealing with interlocutory matter - Should not give a preemptive determination of the substantive suit. University Press Ltd v. I. K. Martins Nig. Ltd (2000) 2 KLR (pt 97) 519; (2000) 4 NWLR (Pt. 654) 584

INTERNATIONAL LAW - African Charter - Classification - African Charter is an international law incorporated into the Nigerian body of municipal laws - And it remains at par with other municipal legislations. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

INTERNATIONAL LAW - Foreign currency - Foreign judgment - Consequential order - It does not matter that such order is made in foreign currency. Momah v. Vab Petroleum Inc. (2000) 2 KLR (pt 97) 543; (2000) 4 NWLR (Pt. 654) 534

INTERNATIONAL LAW - Foreign judgment - Consequential order - Foreign currency - It does not matter that such order is made in foreign currency. Momah v. Vab Petroleum Inc. (2000) 2 KLR (pt 97) 543; (2000) 4 NWLR (Pt. 654) 534

INTERNATIONAL LAW - Foreign judgment - Effect of - on a right acquired under a Nigeria judgment - Where the Nigerian judgment was not challenged - It remains valid. A-G Federation v. A.I.C. Limited (2000) 6 KLR (pt 105) 1777; (2000) 10 NWLR (Pt. 675) 293

INTERNATIONAL LAW - Sovereignty - Treaty - Obligations - A state's treaty obligations can be neutralized by enacting a new legislation inconsistent with those obligations - But this is without prejudice to any remedies available against the recalcitrant state in international law. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INTERNATIONAL LAW - Treaties - Rights and obligations - Treaties may create rights and obligations between citizens and the member states - And between the ordinary citizens themselves. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INTERNATIONAL LAW - Treaties - Unincorporated treaties - Cannot change any aspect of Nigerian Law - Even though Nigeria is a Party to those treaties. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INTERNATIONAL LAW - Treaty - Incorporation - Municipal laws - A treaty which has been incorporated into the body of the Municipal laws - Ranks at par with the municipal laws. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INTERNATIONAL LAW - Treaty - Incorporation - Sections 1 and 12 (1) of the 1979 Constitution - By those provisions a treaty enacted into law in Nigeria is circumscribed in its operational scope and extent - As may be prescribed by the legislature. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

INTERNATIONAL LAW - Treaty - The meaning of a treaty. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INTERNATIONAL LAW - Treaty - Vis-a-vis contract - The difference between a treaty and a contract. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INTERPRETATION OF STATUTES - Causes and proceedings - High Court Law of Lagos State s.60 - By that provision all civil and criminal causes and proceedings in the High Court - Shall so far as is practicable - Be heard and disposed of by a single judge. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

INTERPRETATION OF STATUTES - Chieftaincy Law of Ondo State - Section 10 and 25 thereof - The purposes and objects of both sections. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

INTERPRETATION OF STATUTES - Construction by implication - Resort to construction by implication is permissible - Only if the meaning of a statute is not clear. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

INTERPRETATION OF STATUTES - Detention order - State Security (Detention of Persons) Decree No. 11 of 1994 - From communal reading of the Decree with the various amendment Decrees - The true intent of the Decree is to empower the Inspector General of Police with the authority to issue a detention order. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INTERPRETATION OF STATUTES - Detention order - Subjective discretion - Section 1 (i) of Decree No. 11 of 1994 - From that provision there is no obligation on the authority issuing detention orders - To disclose reasons in the manner he exercises his subjective discretion. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INTERPRETATION OF STATUTES - Harmonious approach - In order to avert the absurdity that would follow a literal interpretation of a statute - The whole of the decree should be read together - If this will assist the court in deciphering the legislative intention. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

INTERPRETATION OF STATUTES - Principle of - Where a statute tends to encroach the freedom of an individual - That statute is generally construed very narrowly - Against anyone claiming benefit therefrom. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INTERPRETATION OF STATUTES - Retrospective statute - Vested rights - Act that might annul rights already acquired - There is always a presumption against such an intention. Adesanoye v. Adewole (2000) 5 KLR (pt 103) 1441; (2000) 9 NWLR (Pt. 671) 127

INTERPRETATION OF STATUTES - Retrospective statutes - Construction - The general principles in regard to retrospective operation of statutes. Adesanoye v. Adewole (2000) 5 KLR (pt 103) 1441; (2000) 9 NWLR (Pt. 671) 127

INTERPRETATION OF STATUTES - Retrospective Statutes - Interpretation giving a retrospective effect to a statute - Should not be readily accepted - Where it would affect vested rights - Or impose liability or disqualification for past events. Adesanoye v. Adewole (2000) 5 KLR (pt 103) 1441; (2000) 9 NWLR (Pt. 671) 127

INTERPRETATION OF STATUTES - Rule of construction - Judicial modification of - Where by a statute's grammatical construction some clear absurdity would result - The Court would modify the meaning of the words - To avoid the absurdity. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

ISLAMIC LAW - Claim for money - Proof - Oath - Where the plaintiff fails to prove his case in a claim for money or which can be estimated in money's worth - The defendant shall be called upon to take the oath rebutting the plaintiff's claim. Jiddun v. Abuna (2000) 10 KLR (pt 110) 2879; (2000) 14 NWLR (Pt. 686) 209

ISLAMIC LAW - Jurisdiction - Sharia Court of Appeal - Form CA 9 - The fact that the parties signed Form CA 9 - Would not confer jurisdiction on the Sharia Court of Appeal - Since the matter did not involve Islamic Personal law. Magaji v. Matari (2000) 5 KLR (pt 103) 1539; (2000) 8 NWLR (Pt. 670) 722

ISLAMIC LAW - Jurisdiction- Sharia Court of Appeal - S. 242 (2) of the 1979 Constitution - That provision confined Sharia Court of Appeal to Islamic Personal Law. Magaji v. Matari (2000) 5 KLR (pt 103) 1539; (2000) 8 NWLR (Pt. 670) 722

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

ISLAMIC LAW - Procedure - Action - Proper plaintiff - It is not always necessary that a litigant who complains first before the court - Shall always be the plaintiff - It is the judge based on the facts of the case that decides who is to be the plaintiff. Jiddun v. Abuna (2000) 10 KLR (pt 110) 2879; (2000) 14 NWLR (Pt. 686) 209

ISLAMIC LAW - Succession - Sharing of estate - Where a Muslim dies - His heirs are permitted to appoint a person learned in Islamic law to share his estate among them - And a court of law will enforce the sharing if it conforms with the law. Jiddun v. Abuna (2000) 10 KLR (pt 110) 2879; (2000) 14 NWLR (Pt. 686) 209

ISLAMIC LAW - Succession - Survivors - Evidence - Two spouses who died almost contemporaneously - How to establish who predeceased the other. Jiddun v. Abuna (2000) 10 KLR (pt 110) 2879; (2000) 14 NWLR (Pt. 686) 209

JUDGMENTS - Administration of Estate - Beneficiaries - Pronouncements by the Courts - On who is or is not entitled as beneficiary to the estate - Are of no consequence - Since they are outside the purview of the question before the courts. Dejonwo v. Dejonwo (2000) 3 KLR (pt 98) 611

JUDGMENTS - Administration of Estates - Administrators - Letters of Administration - Application for the grant of - Where the Plaintiffs sought an order to enable them obtain grant of letters of administration - The fact that the 1st and 2nd defendants have been added by the court - To join them in the administration of the estate - Would not prejudice the relief they sought. Dejonwo v. Dejonwo (2000) 3 KLR (pt 98) 611

JUDGMENTS - Appeal - Concurrent findings of fact - For such findings to be interfered with - Exceptional circumstances must be shown. Echi v. Nnamani (2000) 5 KLR (pt 104) 1685; (2000) 8 NWLR (Pt. 667) 1

JUDGMENTS - Appeal - Concurrent findings - Wrong conclusion - Where there is no support for the findings of the trial court - And the Court of Appeal reached a wrong conclusion in the matter - The findings would not rise to the effect of concurrent findings. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

JUDGMENTS - Appeal - Cross appeal - A party who has not cross appealed - Cannot question the judgment in the first action. Chikere v. Okegbe (2000) 7

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

JUDGMENTS - Appeal - Decision of a trial court - If it is not challenged in an appeal to the court of Appeal - Such a decision must not be disturbed. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

JUDGMENTS - Appeal - Discretion - Exercise of - Circumstances when an appellate court would question - The exercise of discretion of a trial judge. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

JUDGMENTS - Appeal - Discretion - Interference with - Where the trial judge acted judicially and judiciously - It will be improper to interfere with the exercise of his discretion. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

JUDGMENTS - Appeal - Evidence - Reevaluation of evidence - By an appellate Court - Does not mean copious reproduction of such evidence. Iordye v. Ihyambe (2000) 12 KLR (pt 111) 3069; (2000) 15 NWLR (Pt. 692) 675

JUDGMENTS - Appeal - Finding - Interference with - Where there is no evidence of exceptional circumstance - To justify an appellate court disturbing the finding - It will be affirmed. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

JUDGMENTS - Appeal - Finding - Which is supported by overwhelming evidence adduced at the trial - Would be affirmed. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

JUDGMENTS - Appeal - Findings that are perverse - The appellate court will interfere with such findings. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

JUDGMENTS - Appeal - Interlocutory order - From which there has been no appeal - This does not preclude the order being questioned in an appeal against the final judgment - By virtue of order 3 rule 22 of the Court of Appeal rules. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

JUDGMENTS - Appeal - Issue - Order of consolidation - Made by the trial judge suo motu - And without giving the parties an opportunity to address the court

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on it - The issue can be raised on appeal. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

JUDGMENTS - Appeal - Issue that was intrinsic - To determining whether the order being challenged was properly made - The issue was properly raised without the need for a ground of appeal on it. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

JUDGMENTS - Appeal - Issues - An intermediate court should endeavour to resolve all issues put before it. Ifeanyi Chukwu (Osondu) Co. Ltd v. Soleh Boneh Nig. Ltd (2000) 3 KLR (pt 98) 647; (2000) 5 NWLR (Pt. 656) 322

JUDGMENTS - Appeal - Issues - Failure to pronounce on all material issues - The Appellant must establish that the failure to give a decision on the issues - Led to a miscarriage of justice. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

JUDGMENTS - Appeal - Issues - Incompetence - Ruling that was not appealed against - Issues which seek to question that ruling - Are incompetent and ought to be struck out. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

JUDGMENTS - Appeal - Miscarriage of justice - Where the facts relied on by the appellant are not relevant - There is nothing that can suggest a miscarriage of justice. Akinmoju v. The State (2000) 4 KLR (pt 99) 809; (2000) 6 NWLR (Pt. 662) 608

JUDGMENTS - Appeal - Misdirection - Where the court did not rely on the misdirection - It did not occasion any miscarriage of justice. Franchal Nig. Ltd v. Nigeria Arab Bank Ltd (2000) 6 KLR (pt 105) 1849; (2000) 9 NWLR (Pt. 671) 1

JUDGMENTS - Appeal - Mistakes - Only mistakes that affected the decision appealed against - Will result in the appeal being allowed. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

JUDGMENTS - Appeal - Nullity - A court that is competent when it heard an appeal - Its decision could be wrong but certainly not a nullity. Jiddun v. Abuna (2000) 10 KLR (pt 110) 2879; (2000) 14 NWLR (Pt. 686) 209

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

JUDGMENTS - Appeal - Obiter dictum - Ground of appeal - A court's obiter can never constitute an appealable ground of appeal. University Press Ltd v. I. K. Martins Nig. Ltd (2000) 2 KLR (pt 97) 519; (2000) 4 NWLR (Pt. 654) 584

JUDGMENTS - Appeal - Retrial order - When a trial court fails in its appraisal of evidence - Circumstances when the appellate court will order a retrial. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

JUDGMENTS - Appeal - Retrial order - Where a trial court fails to treat all issues in controversy fully - And there is sufficient material before the appellate court for the resolution of the matter - An order of retrial will not be made The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

JUDGMENTS - Appeals - Court - Failure to State reasons for its conclusion - The judgment would not be set aside - Merely for failure of the trial court to state reasons. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

JUDGMENTS - Appeals - Finding of fact - Which is supported by evidence - Will be interfered with - When miscarriage of justice will be perpetrated. Igbi v. The State (2000) 2 KLR (pt 97) 485; (2000) 3 NWLR (Pt. 648) 169

JUDGMENTS - Appeals - Findings of fact - Of trial courts - Interference with - Where such findings are inferences from findings properly made - The Court of Appeal is in as good a position as the trial court to come to a decision. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

JUDGMENTS - Appeals - The law presumes regularity of judgment - Until the contrary is proved. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

JUDGMENTS - Appeals - Withdrawal - That is deemed dismissed - Is not a judgment on the merit. Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

JUDGMENTS - Appellants - Necessity of having void judgment set aside on appeal - Is mandatory - Seeing that a judgment remains valid - Until it is set aside on appeal. Babatunde v. Olatunji (2000) 2 KLR (pt 96) 361; (2000) 2 NWLR (Pt. 646) 557

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

JUDGMENTS - Auction sales - Legality of sale of immovable properties - Setting aside - For the sale to be set aside - It must be proved that there was material irregularity in the conduct of the sale - Which resulted in substantial injury. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

JUDGMENTS - Civil cases - Evidence - Preponderance of - In civil cases judgments are given on preponderance of evidence. Iordye v. Ihyambe (2000) 12 KLR (pt 111) 3069; (2000) 15 NWLR (Pt. 692) 675

JUDGMENTS - Claim - Evidence - Uncontroverted evidence - Where the plaintiff's claim by the pleadings and evidence remained uncontroverted - He is entitled to judgment Elema v. Akenzua (2000) 6 KLR (pt 107) 2345; (2000) 13 NWLR (Pt. 683) 92

JUDGMENTS - Conclusions - Reasons for the court's conclusions - A tribunal charged with the performance of judicial functions - Should normally state reasons for its conclusions. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

JUDGMENTS - Concurrent findings of fact - When the Supreme Court will not interfere with such findings. Emeagwara v. Star Printing (2000) 5 KLR (pt 104) 1711; (2000) 10 NWLR (Pt. 679) 489

JUDGMENTS - Consequential order - Definition of - A consequential order must be one giving effect to the judgment from which it flows. Awoniyi v. Rosicrucian Order (2000) 6 KLR (pt 105) 1879; (2000) 10 NWLR (Pt. 676) 522

JUDGMENTS - Consequential order - Jurisdiction of the Court to make - A consequential order could only be made directing a party - Who participated in the proceedings before the court - And was involved in the judgment to do certain things. A-G Federation v. A.I.C. Limited (2000) 6 KLR (pt 105) 1777; (2000) 10 NWLR (Pt. 675) 293

JUDGMENTS - Contract - Strangers to a contract - Right of - A contract affects the parties to it - And cannot be enforced by or against a person who is not a party. A-G Federation v. A.I.C. Limited (2000) 6 KLR (pt 105) 1777; (2000) 10 NWLR (Pt. 675) 293

JUDGMENTS - Court - Interlocutory matter - A court dealing with interlocutory

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

matter - Should not give a preemptive determination of the substantive suit. University Press Ltd v. I. K. Martins Nig. Ltd (2000) 2 KLR (pt 97) 519; (2000) 4 NWLR (Pt. 654) 584

JUDGMENTS - Courts - General jurisdiction - Power to order a non suit - Once the power is omitted in the rules of court - The High Court cannot exercise that power under its general jurisdiction. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

JUDGMENTS - Damages - Special damages - Unjustified award - Claim for 262 days for loss of use - Is most unreasonable - And the award of damages for that is unjustified. Obasuyi v. Business Ventures Limited (2000) 4 KLR (pt 101) 1173; (2000) 5 NWLR (Pt. 658) 668

JUDGMENTS - Decision - As envisaged under s. 277 (1) of the 1979 Constitution - Does not include an application taken administratively - From which an appeal will not arise under s. 220(1) of same Constitution. Dike v. Aduba (2000) 2 KLR (pt 95) 203; (2000) 3 NWLR (Pt. 647) 1

JUDGMENTS - Declaration - Discretionary remedy - Time to exercise a discretion whether to grant a declaration - Is upon a trial of the suit. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

JUDGMENTS - Declaratory judgments - Cause of action - Claim for a declaration is itself a cause of action - And what would entitle a plaintiff to a declaration is a claim which the court is prepared to recognize. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

JUDGMENTS - Defamation - Claim for libel - Proof - A claim for libel does not depend merely on oral evidence - But on inferences to be drawn from the established facts and the law. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

JUDGMENTS - Departure from - Oyeniran v. Egbetola - Decision in that case - Reasons why the decision in that case - Should be overruled and departed from Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JUDGMENTS - Discretion - Declaration of right - The grant of a declaration of right is at the discretion of the court - But it is a discretion that must be exercised judicially. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10

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NWLR (Pt. 675) 315

JUDGMENTS - Dismissal - Title to land - Claim for declaration of title - Exact extent of the land - Failure to prove the exact extent of the land - The action should be dismissed and not non-suited. Iordye v. Ihyambe (2000) 12 KLR (pt 111) 3069; (2000) 15 NWLR (Pt. 692) 675

JUDGMENT - Evidence - Circumstantial evidence - Inferences - To be drawn from such evidence - Are rebuttable - But where such evidence is not rebutted - Finding of the trial court should not be interfered with by an appellate court. Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

JUDGMENTS - Enforcement - Where the court did not make any order - In favour of any of the parties - There is no order to enforce. Awoniyi v. Rosicrucian Order (2000) 6 KLR (pt 105) 1879; (2000) 10 NWLR (Pt. 676) 522

JUDGMENTS - Estoppel per rem judicatam and issue estoppel - How to differentiate them. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

JUDGMENTS - Estoppel per rem judicatam - What the court is to consider - In determining whether the issues - The subject matter of the two actions - And the parties are the same Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

JUDGMENTS - Evidence - Consideration of - What amounts to adequate consideration of the evidence in a case - Should depend on the nature of the issues raised. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

JUDGMENTS - Evidence - Evaluation - Miscarriage of justice - Failure to adequately evaluate evidence - Where the failure complained of is with respect to matters not affecting the determination of the case - There is no miscarriage of justice. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

JUDGMENTS - Evidence - Evaluation of evidence - The phrase `'l believe" - When used by a trial judge is not final or conclusive - There must be a reason for believing one witness and disbelieving the other. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

JUDGMENTS - Evidence - Evaluation of - Misconception of case - Judgment that was fundamentally flawed - By the Court's misconception of the plaintiff's case - And failure to accept or reject the evidence of a witness - Cannot be allowed to stand Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JUDGMENTS - Evidence - Exhibits - Admissions and findings on them - That were supported by oral evidence - Will not vitiate the judgment - Even if such admissions were wrongful. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

JUDGMENTS - Evidence - Findings of fact - Which are supported by credible evidence - Such findings are not perverse. Fayehun v. Fadoju (2000) 4 KLR (pt 99) 789; (2000) 6 NWLR (Pt. 661) 390

JUDGMENTS - Evidence - Judgment must be based on evidence properly evaluated - For the trial judge to be seen to have discharged his judicial function properly. Sagay v. Sajere (2000) 4 KLR (pt 99) 733; (2000) 6 NWLR (Pt. 661) 360

JUDGMENTS - Evidence of evidence - Duty of a trial Court - Is to adequately evaluate the evidence adduced in the case - And make appropriate findings of facts. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

JUDGMENTS - Evidence - Pleadings - Where the plaintiff adduced no evidence - As to the root of title he pleaded - His case ought to have been dismissed. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

JUDGMENTS - Evidence - Previous judgment - Where it constitutes a fact in issue - It is a relevant fact which could be pleaded. Ito v. Ekpe (2000) 2 KLR (pt 95) 249; (2000) 3 NWLR (Pt. 650) 678

JUDGMENTS - Ex debito justitiae - A remedy ex debito justitiae - What it means. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

JUDGMENTS - Execution - Auction sales - Notice of sale - Where properties had been advertised for sale - Which was suspended until a motion for stay of execution was disposed of - There was no need to issue a fresh notice of sale. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

JUDGMENTS - Fair hearing - Denial - It does not constitute a denial of fair hearing - Merely because a judge did not consider a particular issue - Sufficiently cogent for consideration in the determination of a case. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

JUDGMENTS - Finding of fact - Unless perverse or based on inadmissible evidence - The appellate Court should not interfere. (Makinde v. Akinwale (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32251; (2000) 2 NWLR (Pt. 645) 435

JUDGMENTS - Findings - Unsupported by any legal evidence - Is perverse and erroneous - And cannot be allowed to stand. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

JUDGMENTS - Foreign judgment - Effect of - on a right acquired under a Nigeria judgment - Where the Nigerian judgment was not challenged - It remains valid. A-G Federation v. A.I.C. Limited (2000) 6 KLR (pt 105) 1777; (2000) 10 NWLR (Pt. 675) 293

JUDGMENTS - Inference from facts - Finding of fact - Which was made as a result of inference - How to impugn such finding. Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

JUDGMENTS - Inherent powers - Non suit - Order of - Section 6 (6) (a) of the Constitution - Although that subsection provides that the courts shall have inherent powers - But a court may not make an order of non suit - When the Rules of that court have dispensed with that power. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

JUDGMENTS - Injunction - Boundaries of land - An order of injunction cannot be made in respect of an area of land - Whose boundaries are not properly identified. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

JUDGMENTS - Issue estoppel - Appeal - Where the courts treated the judgment in a previous suit - As if it was on appeal before them - They are wrong in so doing - Their duty was to give effect to it. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

JUDGMENTS - Issue estoppel - Distinct findings in a previous suit - Which are binding on the parties and their privies - May not be relitigated any longer as between them. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

JUDGMENTS - Issue estoppel - Reliance on - Where issue was joined in a previous suit between the parties on the same question - And the trial judge in the previous suit decided the question - The reliance on issue estoppel in the present case ought to succeed. Ebba v. Ogodo (2000) 6 KLR (pt 106) 2025; (2000) 10 NWLR (Pt. 675) 387

JUDGMENTS - Judicial precedent - Appellate Courts - Bindingness of the ratio decidendi - It is the ratio contained in the leading judgment - That constitutes the authority for which the case stands. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

JUDGMENTS - Legal authority - Judgment that is not supported by any legal authority - Cannot be allowed to stand. Ibrahim v. Aliyu (2000) 7 KLR (pt 108) 2529; (2000) 13 NWLR (Pt. 683) 38

JUDGMENTS - Legal practitioners - Bill of charge - If not applied to be taxed - Judgment for full sum may be entered - If leave is obtained to sign for final judgment by plaintiff. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

JUDGMENTS - Locus standi - Constitution of 1979 - Provisions of section 6 (6) (b) - Interpretation of - In Adesanya case - That case did not decide that the subsection prescribes the locus standi of a litigant - But that it prescribes the extent of the judicial powers of the courts. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

JUDGMENTS - Miscarriage of justice - What it means. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

JUDGMENTS - Non suit - Locus standi - Order of non suit is not appropriate in a case - Where the plaintiffs have been found not to have a standing to bring the action Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

JUDGMENTS - Non suit order - Implies that although on that particular occasion

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

the plaintiff has failed to prove his case - He should in fairness not be denied the opportunity of relitigating the same case. Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

JUDGMENTS - Nullity - Setting aside - Preliminary objection - Where the trial is a nullity because the trial court lacked the jurisdiction - To adjudicate on the subject matter in dispute - The appellate court can entertain the question - Even though it was raised by way of preliminary objection. Galadima v. Tambai (2000) 6 KLR (pt 106) 2163; (2000) 11 NWLR (Pt. 677) 1

JUDGMENTS - Obiter dictum - What it means - And how treated in a case. University Press Ltd v. I. K. Martins Nig. Ltd (2000) 2 KLR (pt 97) 519; (2000) 4 NWLR (Pt. 654) 584

JUDGMENTS - Order - Consequential Order - Any such order which detracts from the judgment - Is not made within jurisdiction. Momah v. Vab Petroleum Inc. (2000) 2 KLR (pt 97) 543; (2000) 4 NWLR (Pt. 654) 534

JUDGMENTS - Order of retrial - Where an appeal is allowed because of failure of the trial court to make findings on material issues - And the determination of such material issues depends on the credibility of witnesses - The proper order to make is that of retrial. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

JUDGMENTS - Order - Striking out - Case heard to conclusion - It is unusual to strike out a civil case which has been heard to conclusion - Except where the court later found that it has no jurisdiction - Or where the plaintiff lacks locus standi. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

JUDGMENTS - Oyeniran v. Egbetola - The decision in that case - Was erroneous and made per incuriam. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JUDGMENTS - Perverse decision - When a decision is said to be perverse The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

JUDGMENTS - Ratio decidendi - Appellate Courts - It is the leading judgment that is regarded as the judgment of the court. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

JUDGMENTS - Regularity of - The law presumes regularity of judgment - Until the contrary is proved. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

JUDGMENTS - Relief not claimed - Or a grant in excess of what is claimed - Should not be awarded by the court. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

JUDGMENTS - Relief not claimed - Power of the court to grant such relief - A plaintiff cannot obtain a relief - Which he did not expressly claim in the statement of claim. A-G Federation v. A.I.C. Limited (2000) 6 KLR (pt 105) 1777; (2000) 10 NWLR (Pt. 675) 293

JUDGMENTS - Relief - Not claimed by a party - A Court has no jurisdiction to grant such a relief. Akinterinwa v. Oladunjoye (2000) 4 KLR (pt 99) 753; (2000) 6 NWLR (Pt. 659) 92

JUDGMENTS - Relief - Which was not claimed - A court has no jurisdiction to make an Order - Which was not pleaded or prayed for - Such order will be annulled on appeal. Ifabiyi v. Adeniyi (2000) 5 KLR (pt 103) 1505; (2000) 6 NWLR (Pt. 662) 532

JUDGMENTS - Reliefs - Reformulation of by the court - It is not competent for the judge suo motu to make a case for the parties - Other than that which was set up by them. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

JUDGMENTS - Retrial - Proper order - Claim that was not properly constituted - The action would not be struck out in the present case - Since the Plaintiff could easily apply to join the defendant's family at a retrial - Without much amendment. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JUDGMENTS - Right of occupancy - Declaration of title - In granting a declaration of title over some land - The trial judge must confine himself to ascertaining the area - In respect of which the plaintiff has discharged his onus of proving title. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

JUDGMENTS - Sentencing - Collective verdict - Procedural slip - May be amended at discretion of appeal court - If no accused was misled - And thus no

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

injustice meted out. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

JUDGMENTS - Setting aside - Inherent power - There is an inherent power to set aside a judgment - Given in the absence of jurisdiction - Or where the procedure adopted is such as to deprive the decision of the character of a legitimate adjudication. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

JUDGMENTS - Setting aside - Negligence of counsel - Complaint that counsel was unable to present case properly - Is not a sufficient ground to set aside decision. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

JUDGMENTS - Standard judgment of a court - What to watch out for therein. Okulate v. Awosanya (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32219; (2000) 2 NWLR (Pt. 646) 530

JUDGMENTS - Stare decisis - When the doctrine is not applicable - A previous decision is not to be departed from - Or even followed - Where the facts or the law applicable in the previous case - Are distinguishable from those in the later case. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JUDGMENTS - Substantive case - Yet to be agitated by the parties - Should not be delved into by the Court - When determining an interlocutory matter. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

JUDGMENTS - Summary judgments - Defence on the merit - Defendant's affidavit - Must as far as possible deal specifically with the plaintiff's claim - And should also clearly and concisely state what the defence is. Cotia Importacao S.A. v. Sanusi Brothers (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

JUDGMENTS - Summary judgments - Essence of - Is not to unwittingly shut out a defendant - Statement of defence filed irregularly - Should be considered by the court - To ascertain whether there is a good defence. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

JUDGMENTS - Summary judgments - Triable issue - Affidavit filed by the appellant - Raised a plausible defence. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

JUDGMENTS - Summary judgments - Triable issue - Strong and prima facie assertions and evidence - Produced by the appellant - Demands that the parties be accorded a hearing. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

JUDGMENTS - Suo motu formulation of a case by the court - It is wrong for the learned trial judge to hold - That the Respondent in the instant case is the District head - When that was not the issue before him. Ifabiyi v. Adeniyi (2000) 5 KLR (pt 103) 1505; (2000) 6 NWLR (Pt. 662) 532

JUDGMENTS - Suo motu issue - Raised by appeal Court - Is an unwarranted digression and a grave error leading to miscarriage of justice - And is a basis for setting aside the decision. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

JUDGMENTS - Supreme Court -Appeal - Power - In an appropriate occasion as in the present case - The combined provisions of order 8 rules 2 & 12 of the Supreme Court Rules - Will be invoked notwithstanding that there was no cross appeal - To ensure the determination on the merits of the real question in controversy between the parties. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

JUDGMENTS - Supreme Court - Functus Officio - Rules of the Supreme Court 1985 as amended - Order 8 r. 16 thereof - When the Supreme Court becomes functus officio under that rule. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

JUDGMENTS - Supreme Court - Judgment - Finality of - Judgment of the Supreme Court is final - And there is no right of appeal except as provided under

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

s. 235 of the Constitution 1999. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

JUDGMENTS - Supreme Court - Judgment - Review of - Principles under which the Supreme court can review its own judgment - As enshrined in the provisions of order 8 r. 16 of the Rules of the Supreme Court 1985 as amended. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

JUDGMENTS - Supreme Court - Judgment - Setting aside - When the Supreme court can set aside its decision. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

JUDGMENTS - Supreme Court - Jurisdiction - Judgment - Review of - When the Supreme Court has no power to review its judgment. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

JUDGMENTS - Supreme Court - Previous decisions - Departure from - Principle guiding - The Supreme Court will depart from its previous decisions - Which are shown to be vehicles of injustice - Or given per incuriam - Or clearly erroneous in law. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JUDGMENTS - Supreme Court - Previous - Departure from - Attitude of the Supreme Court - The court has not laid down a hard and fast rule - Exhausting the area within which to warrant a departure from a previous decision - Each case must be decided on its special facts and circumstances. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JUDGMENTS - Validity - Judgment of a Court of competent jurisdiction remains valid - Until it is set aside by a competent court. Babatunde v. Olatunji (2000) 2 KLR (pt 96) 361; (2000) 2 NWLR (Pt. 646) 557

JUDGMENTS - Void or irregular judgment - As may be believed by the affected party - Cannot be disobeyed by that party - Unless the judgment has been set aside. Babatunde v. Olatunji (2000) 2 KLR (pt 96) 361; (2000) 2 NWLR (Pt. 646) 557

JUDGMENTS - Witnesses - Credibility of - The trial judge who saw, observed and heard the witnesses - Is the best judge of their credibility. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

JUDICIAL PRECEDENTS - Appellate Courts - Bindingness of the ratio decidendi - It is the ratio contained in the leading judgment - That constitutes the authority for which the case stands. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

JUDICIAL PRECEDENTS - Family status and membership - Supreme Court decision in Adeyemi v. Opeyori - Was rightly followed by the trial court - As it remains the law. Okulate v. Awosanya (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32219; (2000) 2 NWLR (Pt. 646) 530

JUDICIAL PRECEDENTS - Judgments - Ratio decidendi - Appellate Courts - It is the leading judgment that is regarded as the judgment of the court. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

JUDICIAL PRECEDENTS - Jurisdiction - High Court - Stare decisis - The decision in Sadikwu v. Dalori - There is nothing decided in that case - That is authority on which to rely - To determine the question which has arisen in the present case. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JUDICIAL PRECEDENTS - Locus standi - Constitution of 1979 - Provisions of section 6 (6) (b) - Interpretation of - In Adesanya case - That case did not decide that the subsection prescribes the locus standi of a litigant - But that it prescribes the extent of the judicial powers of the courts. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

JUDICIAL PRECEDENTS - Previous decisions - Departure from - Principle guiding - The Supreme Court will depart from its previous decisions - Which are shown to be vehicles of injustice - Or given per incuriam - Or clearly erroneous in law. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JUDICIAL PRECEDENTS - Stare decisis - Doctrine of precedent - The decision on a given issue of law handed down by the Supreme Court - Is not only superior but binds all subordinate courts. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

JUDICIAL PRECEDENTS - Stare decisis - When the doctrine is not applicable - A previous decision is not to be departed from - Or even followed - Where the

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

facts or the law applicable in the previous case - Are distinguishable from those in the later case Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JUDICIAL PRECEDENTS - Supreme Court - Previous decision - Superior argument - The Court will not depart from its Previous decision merely because of Superior argument. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JUDICIAL PRECEDENTS - Supreme Court - Previous - Departure from - Attitude of the Supreme Court - The court has not laid down a hard and fast rule - Exhausting the area within which to warrant a departure from a previous decision - Each case must be decided on its special facts and circumstances. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JUDICIAL REVIEW - Detention order - Subjective discretion - Section 1 (i) of Decree No. 11 of 1994 - From that provision there is no obligation on the authority issuing detention orders - To disclose reasons in the manner he exercises his subjective discretion. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

JURISDICTION - Action - Relief - Jurisdiction - Where an action is brought solely to obtain relief - Which the court has no power to grant - The Statement of claim will be struck out and the action dismissed. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

JURISDICTION - Actions - Law applicable to an action - Is the law existing at the time the cause of action arose. Oduntan v. Akibu (2000) 7 KLR (pt 108) 2553; (2000) 13 NWLR (Pt. 685) 446

JURISDICTION - Admiralty - Jurisdiction of High Court - Cannot be invoked for sole purpose of obtaining security for subsequent award in foreign jurisdiction - But for enforcement of claim arising out of an arbitral award. Messrs. Nv Scheep v. The Mv "S.Araz" (2000) 12 KLR (pt 110) 2979; (2000) 15 NWLR (Pt. 691) 622

JURISDICTION - Appeal - Nullity - Setting aside - Preliminary objection - Where the trial is a nullity because the trial court lacked the jurisdiction - To adjudicate on the subject matter in dispute - The appellate court can entertain the question - Even though it was raised by way of preliminary objection. Galadima v. Tambai

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

(2000) 6 KLR (pt 106) 2163; (2000) 11 NWLR (Pt. 677) 1

JURISDICTION - Appeals - Where - Where a trial court has been declared as lacking jurisdiction by the Court of Appeal - Then whatever orders made by the trial court - Cannot be varied or further orders made thereon by the Court of Appeal. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

JURISDICTION - Armed Robbery - Decree No. 5 of 1984 grants jurisdiction to tribunals - And to High Court only for cases already commenced before its promulgation. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

JURISDICTION - Competence of action - Statute bar - Makes an action incompetent and divests Court of jurisdiction. Araka v. Ejeagwu (2000) 12 KLR (pt 111) 3161; (2000) 15 NWLR (Pt. 692) 684

JURISDICTION - Conflict between state law and the Constitution - Concerning the jurisdiction of Ogun State high court - The State law is void - To the extent of its inconsistency with the Constitution. Okulate v. Awosanya (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32219; (2000) 2 NWLR (Pt. 646) 530

JURISDICTION - Constitutional law - High Court - Jurisdiction - Construction by implication - To construe by implication one section of the constitution - As restricting the plenitude of jurisdiction granted to the High Court in another section - The implication must not only be explicit - But also necessary. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JURISDICTION - Courts - Ouster of jurisdiction - For the court's jurisdiction to be ousted - It must be clearly shown that a particular action falls within the ouster clause - That is not so in the present case. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

JURISDICTION - Customary law - Right of appeal - To the Court of Appeal - From the judgment of the customary Court of Appeal of a State - Under section 224(1) of the 1979 Constitution - The right pertains to a question of customary law alone. Pam v. Gwom (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 322

JURISDICTION - High Court - Jurisdiction - Unlimited jurisdiction - The provisions of s. 236 (1) of the 1979 Constitution - Did not permit the unlimited

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

jurisdiction vested in the High Court of a State to be limited - Other than as the Constitution itself may have provided. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JURISDICTION - High Court - Land Use Act s. 39 - Expressly excluded courts other than the High Court from exercising jurisdiction in matters specified therein - No such exclusion was expressed in section 41 of the Act. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JURISDICTION - High Court - Land Use Act - Sections 39 and 41 of the Act - Purpose of - The purpose which the sections are designed to serve is clear - They do not limit the jurisdiction of the High Court. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JURISDICTION - High Court - Laws defining jurisdiction - Where question arises as to the jurisdiction of the High Court - It is essential to examine the laws defining the jurisdiction of the Court - Both at the time the action was instituted and up to the time judgment was given Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JURISDICTION - High Court - Stare decisis - The decision in Sadikwu v. Dalori - There is nothing decided in that case - That is authority on which to rely - To determine the question which has arisen in the present case. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JURISDICTION - High Court - Unlimited jurisdiction - The jurisdiction is described as unlimited only because it is presumed to exist - Unless it is expressly curtailed by statute Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JURISDICTION - Issue of - How to raise - Where the matter of jurisdiction is novel - The leave of court must be sought - Before it could be argued Galadima v. Tambai (2000) 6 KLR (pt 106) 2163; (2000) 11 NWLR (Pt. 677) 1

JURISDICTION - Issue of - Not raised before the lower Court - It should have no business with it - As Court is to confine itself to issues raised by the parties. Oshatoba v. Olujitan (2000) 2 KLR (pt 96) 379; (2000) 5 NWLR (Pt. 655) 159

JURISDICTION - Judgments - Relief - Not claimed by a party - A Court has no jurisdiction to grant such a relief. Akinterinwa v. Oladunjoye (2000) 4 KLR (pt

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

99) 753; (2000) 6 NWLR (Pt. 659) 92

JURISDICTION - Judgments - Setting aside - Inherent power - There is an inherent power to set aside a judgment - Given in the absence of jurisdiction - Or where the procedure adopted is such as to deprive the decision of the character of a legitimate adjudication. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

JURISDICTION - Lack of - How it may arise. Momah v. Vab Petroleum Inc. (2000) 2 KLR (pt 97) 543; (2000) 4 NWLR (Pt. 654) 534

JURISDICTION - Lack of - Renders the proceedings a nullity - Issue of jurisdiction - May be raised at any stage - And may be raised by the court suo motu. Oshatoba v. Olujitan (2000) 2 KLR (pt 96) 379; (2000) 5 NWLR (Pt. 655) 159

JURISDICTION - Land Use Act - Non urban land - Concurrent jurisdiction - Of the Customary Court and the High Court - It is sensible to preserve the choice of forum - Which a litigant had always enjoyed in respect of non urban land - Before the introduction of the Act. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JURISDICTION - Legal practitioners - Bill of charge - Not objected to - Is subject to litigation as to quantum - It is a matter within the general jurisdiction of the court to resolve. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

JURISDICTION - Ouster of jurisdiction - African charter - Was never suspended or repealed - By any of the Constitution (suspension and Modification) Decrees enacted between 1983 and 1999 - The courts jurisdiction to give full recognition and effect - To the African charter remained unimpaired. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

JURISDICTION - Ouster of jurisdiction - Federal Military Government (Supremacy and Enforcement of Powers) Decree No 12 of 1994 - Human rights - Claims - Where there is nothing in the claims that calls in question the validity of any decree - Decree No 12 of 1994 would not apply. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

JURISDICTION - Relief - Which was not claimed - A court has no jurisdiction

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

to make an Order - Which was not pleaded or prayed for - Such order will be annulled on appeal. Ifabiyi v. Adeniyi (2000) 5 KLR (pt 103) 1505; (2000) 6 NWLR (Pt. 662) 532

JURISDICTION - Sharia Court of Appeal - Form CA 9 - The fact that the parties signed Form CA 9 - Would not confer jurisdiction on the Sharia Court of Appeal - Since the matter did not involve Islamic Personal law. Magaji v. Matari (2000) 5 KLR (pt 103) 1539; (2000) 8 NWLR (Pt. 670) 722

JURISDICTION - Sharia Court of Appeal - S. 242 (2) of the 1979 Constitution - That provision confined Sharia Court of Appeal to Islamic Personal Law. Magaji v. Matari (2000) 5 KLR (pt 103) 1539; (2000) 8 NWLR (Pt. 670) 722

JURISDICTION - State high Courts - Unlimited jurisdiction they have under the Constitution - Can only be limited by a potent decree - But not by a decree that has become a Federal Act - Or by a State Law. Okulate v. Awosanya (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32219; (2000) 2 NWLR (Pt. 646) 530

JURISDICTION - Statutes - Interpretation - Presumption of law presumes against construing statutes so as to oust the jurisdiction of a superior court of record - Unless there is explicit expression to that effect in the legislation. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

JURISDICTION - Supreme Court - Fresh issue of jurisdiction - Must be raised properly - Before the Court may rightly entertain the point. Oshatoba v. Olujitan (2000) 2 KLR (pt 96) 379; (2000) 5 NWLR (Pt. 655) 159

JURISDICTION - Supreme Court - Judgment - Review of - When the Supreme Court has no power to review its judgment. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

JURISPRUDENCE - Right - Vested right - An accrued right is vested - When it is completely settled in the beneficiary - Such rights cannot be deprived arbitrarily without injustice. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

JURISPRUDENCE - Rights - Vested and contingent rights - A right is vested when all the investitive facts have occurred - And contingent when only part of the investitive facts have occurred. Wilson v. Oshin (2000) 6 KLR (pt 106) 2129; (2000) 9 NWLR (Pt. 673) 442

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

JUSTICE - Appeals - Technical fault - Must not be allowed to defeat substantial

justice. Eyisi v. State (2000) 12 KLR (pt 111) 3107; (2000) 15 NWLR (Pt. 691) 555

JUSTICE - Miscarriage of - Appeals - Irregularity - Such as misstating of the actual year of Judgment - Will not vitiate the appeal - As no miscarriage of justice was occasioned. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

JUSTICE - Miscarriage of justice - Where the facts relied on by the appellant are not relevant - There is nothing that can suggest a miscarriage of justice. Akinmoju v. The State (2000) 4 KLR (pt 99) 809; (2000) 6 NWLR (Pt. 662) 608

JUSTICE - Words & phrases - Miscarriage of justice - What it means The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

LAND LAW - Appeals - Grounds of appeal - Issue not covered by any ground - And for which no leave was obtained - Will be struck out. Oshatoba v. Olujitan (2000) 2 KLR (pt 96) 379; (2000) 5 NWLR (Pt. 655) 159

LAND LAW - Boundaries - Determination of boundaries - It is for the plaintiff to identify and prove the existing boundaries - And where none is identified and proved - The Court has no power to demarcate one. Iordye v. Ihyambe (2000) 12 KLR (pt 111) 3069; (2000) 15 NWLR (Pt. 692) 675

LAND LAW - Boundaries of land - Common boundary - Where the parties own land along a common boundary - It is necessary to show and prove the precise boundary features along the common boundary. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Boundaries of land - How proved - The precise identity and extent of the land claimed may be established - By oral description of the land in dispute - Or by filing and tendering an accurate survey plan of the land Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Boundaries of land - Onus of proof -The onus is on the plaintiff who seeks a declaration of title and or injunction - To show clearly the area of land to which his claims relate Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

LAND LAW - Boundaries of the land - Before a declaration of title to land is given - The first duty of the claimant is to establish - The area of land to which his claim relates Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Customary law - Sale of land - Requirements for a valid sale of land under customary law. Akinterinwa v. Oladunjoye (2000) 4 KLR (pt 99) 753; (2000) 6 NWLR (Pt. 659) 92

LAND LAW - Customary tenancy - Lack of certainty of exact Customary dues being paid is irrelevant - Once the homage in times past has been proved. Makinde v. Akinwale (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32251; (2000) 2 NWLR (Pt. 645) 435

LAND LAW - Customary tenancy - Possession - A customary tenant has a right of possession - Unless he commits acts of misconduct. Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

LAND LAW - Damages and perpetual injunction - Awarded by the trial court - Was proper - And the Court of Appeal was wrong in interfering therewith. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

LAND LAW - Document - Due execution - Illiterate jurat - Document executed by an illiterate - Strict compliance with the law is mandatory. Itauma v. Akpe-Ime (2000) 7 KLR (pt 109) 2797; (2000) 12 NWLR (Pt. 680) 156

LAND LAW - Equitable interest - Sale of land - Contract of - Where a person entered into a property under a contract of sale - He has acquired an equitable interest in the land - Which may be converted into a legal estate by specific performance Elema v. Akenzua (2000) 6 KLR (pt 107) 2345; (2000) 13 NWLR (Pt. 683) 92

LAND LAW - Estoppel - Subject matter - Land dispute - The disputed land is the same - As in the previous and present suits. Ito v. Ekpe (2000) 2 KLR (pt 95) 249; (2000) 3 NWLR (Pt. 650) 678

LAND LAW - Evidence - Declaration of title to land - Claim for - A plaintiff must succeed on the strength of his own case - And not on the weakness of the defendant's case - Unless the defendant's case support that of the Plaintiff Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

LAND LAW - Evidence - Survey plan - Where a land in dispute is known to both parties - The non production in evidence of the survey plan of such land - Does not disentitle the plaintiff from successfully maintaining an action over such land Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

LAND LAW - Family land - Partition - Used in respect of family land - May connote allotment as in the present case - And not that the land has ceased to be family property. Olorunfemi v. Asho (2000) 1 KLR (pt 94) 45; (2000) 2 NWLR (Pt. 643) 143

LAND LAW - Family land - Sale by authorized representatives of the family - Is valid. Fayehun v. Fadoju (2000) 4 KLR (pt 99) 789; (2000) 6 NWLR (Pt. 661) 390

LAND LAW - Family land - Sale of a family land - By the head of the family - Without the concurrence of principal members of the family - Is not void but merely voidable. Fayehun v. Fadoju (2000) 4 KLR (pt 99) 789; (2000) 6 NWLR (Pt. 661) 390

LAND LAW - Family property - Sale by members of the family - Without the concurrence of the head of the family - Is void. Fayehun v. Fadoju (2000) 4 KLR (pt 99) 789; (2000) 6 NWLR (Pt. 661) 390

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

LAND LAW - Forfeiture - Claim of title by tenants which they fail to prove - Grounds forfeiture of their rights as tenants. Makinde v. Akinwale (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32251; (2000) 2 NWLR (Pt. 645) 435

LAND LAW - Identity of land - And accuracy of the survey plan - Where these are not in dispute - The plaintiff will not need to prove the boundaries of the land Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Injunction - Boundaries of land - An order of injunction cannot be made in respect of an area of land - Whose boundaries are not properly identified Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Jurisdiction - High Court - Land Use Act s. 39 - Expressly excluded courts other than the High Court from exercising jurisdiction in matters specified therein - No such exclusion was expressed in section 41 of the Act. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND LAW - Land Use Act - Certificate of occupancy - Deemed to be defective - Where a certificate of occupancy has been granted to one of two claimants - Who has not proved a better title - It must be deemed to be defective - And against the spirit of the Act. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND LAW - Land Use Act - Certificate of occupancy - Effect of - It is not a conclusive evidence of any right, interest or valid title to land - In favour of the grantee. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND LAW - Land Use Act - Certificate of occupancy - Onus of proof - The onus is on the grantee of such certificate - To establish that the land was vested in him - Before the commencement of the Act Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND LAW - Land Use Act - Certificate of occupancy - Validity - Condition for the validity of a certificate of occupancy issued under the Act Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND LAW - Land Use Act - Customary Court - The jurisdiction of a Customary

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

Court under section 41 - Is not limited to proceedings in respect of `'granted" customary rights of occupancy only. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND LAW - Land Use Act - Jurisdiction of the High Court - Sections 39 and 41 of the Act - Purpose of - The purpose which the sections are designed to serve is clear - They do not limit the jurisdiction of the High Court Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND LAW - Land Use Act - Non urban land - Concurrent jurisdiction - Of the Customary Court and the High Court - It is sensible to preserve the choice of forum - Which a litigant had always enjoyed in respect of non urban land - Before the introduction of the Act Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND LAW - Land Use Act - Rights of occupancy - Although the Act created rights of occupancy that may be regarded as new tenures in land - It did not introduce a completely novel concept of rights and interest in and over land. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND LAW - Land Use Act - Rights of occupancy - Power to grant - The Power to grant Statutory right of occupancy is vested in the Governor - While the Local Government is given power to grant customary right of occupancy Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND LAW - Land Use Act - Statutory right of occupancy - Deemed holder - A plaintiff who failed to establish that he had any right to a land in dispute - Cannot be deemed a holder of a statutory right of occupancy - Under section 34 of the Act. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND LAW - Land Use Act - Statutory right of Occupancy - And Customary right of occupancy - Their proper definitions. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND LAW - Native law and custom - Sale of land - Requirements of a valid sale of land - Under native law and custom Elema v. Akenzua (2000) 6 KLR (pt 107) 2345; (2000) 13 NWLR (Pt. 683) 92

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

LAND LAW - Ownership of land - Unincorporated association - Trustees - Gift of land to the Trustees of an Unincorporated association - Is a valid gift. Anyaegbunam v. Osaka (2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

LAND LAW - Partition - Used in respect of family land - May connote allotment as in the present case - And not that the land has ceased to be family property. Olorunfemi v. Asho (2000) 1 KLR (pt 94) 45; (2000) 2 NWLR (Pt. 643) 143

LAND LAW - Possession - Trespass to land - Is actionable at the suit of the person in possession of the land - But once a defendant claims to be the owner of the land in dispute - Title is put in issue. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

LAND LAW - Previous proceeding - That is not between same parties - Is usually inadmissible - But such non inter partes previous judgment - Is admissible in proof of acts of possession - And can operate as estoppel by conduct or standing by. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

LAND LAW - Purchase receipt - Admissibility - Purchase receipt is admissible in evidence as a mere receipt - And not in proof of title to land Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Right of occupancy - Declaration of title - In granting a declaration of title over some land - The trial judge must confine himself to ascertaining the area - In respect of which the plaintiff has discharged his onus of proving title. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Sale - Contract of - Purchase receipt - Effect of - Purchase receipt is an acknowledgment of the payment of money - And coupled with the plaintiff being in possession - Raised a presumption that he entered into possession - Under a contract of sale. Elema v. Akenzua (2000) 6 KLR (pt 107) 2345; (2000) 13 NWLR (Pt. 683) 92

LAND LAW - Sale - Customary law - A written contract is not necessary to effect a valid sale - Payment of the purchase price coupled with delivery of possession of the land - Creates a valid sale Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Sale of a family land - By the head of the family - Without the

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

concurrence of principal members of the family - Is not void but merely voidable. Fayehun v. Fadoju (2000) 4 KLR (pt 99) 789; (2000) 6 NWLR (Pt. 661) 390

LAND LAW - Sale of land - Purchase receipt and survey plan - Comparison of purchase receipt and Survey plan to ascertain the boundaries of the land sold - Is wrong. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Survey plan - Joining of issues - Where a defendant is desirous of joining issue with any aspect of a plaintiff's survey plan in respect of a land in dispute - What such a defendant must do. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Title - Appeal - Grantor's title - Appellants pleaded and proved their grantor's title - Court of Appeal erred in finding against them on this ground. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

LAND LAW - Title - Claim for declaration of title - A plaintiff in such a claim must succeed on the strength of his case. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

LAND LAW - Title - Evidence of traditional historical fact - Must not only be given by members of the immediate family of the land owners - In order to be admissible. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

LAND LAW - Title - Grantor's title - Evidence towards establishing it - Must not come from the grantor's family - As a party is only bound to call relevant evidence - But not bound to call a particular witness. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

LAND LAW - Title - Grantor's title - Where acquired by settlement - Plaintiff need not establish any acquisition by their predecessor's grantor. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

LAND LAW -Title - Proof - What plaintiff must prove in the present case - For his claim in title to succeed. Ngene v. Igbo (2000) 2 KLR (pt 96) 409; (2000) 4 NWLR (Pt. 651) 131

LAND LAW - Title to land - Acquisition by grant - Reliance on - Where a plaintiff

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

relies on acquisition of title by grant - And fails to prove it - The Court cannot make a case for him on a different form of acquisition Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND LAW - Title to land - Acquisition of - Idudun v. Okumagba - That case deals with five ways in which ownership of land may be proved - And not the ways of acquiring title to land Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND LAW - Title to land - Claim for declaration of title - Exact extent of the land - Failure to prove the exact extent of the land - The action should be dismissed and not non-suited. Iordye v. Ihyambe (2000) 12 KLR (pt 111) 3069; (2000) 15 NWLR (Pt. 692) 675

LAND LAW - Title to land - Claim for - Declaration of title - What the plaintiff must establish - In order to succeed in such a claim. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Title to land - Declaration of - Boundary of land - The court should not grant a declaration of title to a piece of land - The boundaries of which are obscured. Iordye v. Ihyambe (2000) 12 KLR (pt 111) 3069; (2000) 15 NWLR (Pt. 692) 675

LAND LAW - Title to land - Declaration of - Burden of proof - The burden lies on the plaintiff who is seeking for declaration of title to land - To prove his case on his evidence - And will fail if he fails to discharge that burden. Echi v. Nnamani (2000) 5 KLR (pt 104) 1685; (2000) 8 NWLR (Pt. 667) 1

LAND LAW - Title to land - Declaration of - Onus of proof - The onus is on the plaintiff to satisfy the court that he is entitled to the declaration he seeks - And he must rely on the strength of his own case. Itauma v. Akpe-Ime (2000) 7 KLR (pt 109) 2797; (2000) 12 NWLR (Pt. 680) 156

LAND LAW - Title to land - Evidence of possession - Where a plaintiff has failed to prove title - It may be necessary to consider the evidence of possession - In order to ascertain whether he is entitled to damages and injunction - Claimed for in the alleged trespass. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

LAND LAW - Title to land - Grant - Proof of - Traditional history - Where the plaintiffs rely on acquisition of title by grant - Proof of such grant by traditional history arises only where the facts of such grant was so ancient - As to be beyond the memory of living witnesses Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND LAW - Title to land - Occupation and possession of land - Better title - The law will ascribe possession or occupation - To the person who proves a better title. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND LAW - Title to land - Onus of proof - The onus lies on the plaintiff to satisfy the court - That he is entitled on the evidence brought `by him to the declaration of title he claimed Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND LAW - Title to land - Root of title - Once a party traces his root of title to a particular source - To succeed he must also establish the title of that person or source - From whom he claims to have derived title. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND LAW - Title to land - Root of title - Once a party pleads and traces his root of title to a particular source - And the averment is challenged - What that party must establish in order to succeed Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Title to land - Traditional history - Consequence of reliance on - Where a plaintiff by his pleading and evidence relies on traditional history - For his root of title to land - He fails or succeeds on that history. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

LAND LAW -Title to land - Traditional history - Proof - The pleading of the devolution and the evidence in support - Must be reliable and credible. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

LAND LAW - Title to land - Traditional history - The rule in Kojo II v. Bonsie - Where there is a failure to present a reliable account - Of the founding and devolution of the land in dispute - The rule will not apply. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

LAND LAW - Title to land - Traditional history - Where evidence of traditional history is found and accepted by the Court to be cogent - It is sufficient to support a claim for declaration of title to land Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

LAND LAW - Title - Traditional evidence - Party relying on it - Is bound to plead and prove the grantor's title. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

LAND LAW - Title - Where plaintiff traced his title to an original owner - Without pleading the root of title of that owner - Onus of prove is not discharged. Ngene v. Igbo (2000) 2 KLR (pt 96) 409; (2000) 4 NWLR (Pt. 651) 131

LAND LAW - Traditional evidence and acts of possession - Not seriously challenged under cross examination - Was rightly accepted - And there are recent facts of acts of possession - Which support the traditional evidence. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

LAND LAW - Traditional histories - Conflict - Kojo II v. Bonsie - The principle in that case - Is one of drawing inference from proved facts of the probability of truth - Of one of two or several competing histories Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

LAND LAW - Traditional history - Conflict therein - Leads to testing the history by recent facts. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

LAND LAW - Traditional history evidence - Usual lapse therein - Would not justify disturbance of trial court's clear finding of fact. Makinde v. Akinwale (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32251; (2000) 2 NWLR (Pt. 645) 435

LAND LAW - Trespass - Action for trespass - Possession - Acts of - A plaintiff who fails to prove title - Will not necessarily fail in his action for trespass - If he established acts of possession. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

LAND LAW - Trespass - Action for - Where from the statement of claim - The plaintiffs have prima facie shown that they are in exclusive possession - They have legal capacity to invoke the jurisdiction of court under section 6 (6) (b) of

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

the 1999 Constitution. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

LAND LAW - Trespass and injunction - Title to land - Whenever a claim for trespass is coupled with a claim for an injunction - The title of the parties to the land in dispute is automatically put in issue. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND LAW - Trespass and injunction - Where plaintiff's prior possession is established - He is entitled to succeed in trespass and injunction - Though his claim to title fails. Ngene v. Igbo (2000) 2 KLR (pt 96) 409; (2000) 4 NWLR (Pt. 651) 131

LAND LAW - Trespass - And Injunction - Claim for - Such claims put the claimant's title in issue. Akinterinwa v. Oladunjoye (2000) 4 KLR (pt 99) 753; (2000) 6 NWLR (Pt. 659) 92

LAND LAW - Trespass - Damages - Only a person is possession of land in dispute at the material time - Can maintain an action for damages for trespass. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND LAW - Trespass - Possession - Resides in the claimant that establishes a better title. Akinterinwa v. Oladunjoye (2000) 4 KLR (pt 99) 753; (2000) 6 NWLR (Pt. 659) 92

LAND LAW - Trespass - Possession - Title to land - Where two parties are on land claiming possession - Trespass can only be at the suit of that party - Who can show that title of the land is in him. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND LAW - Trespass - Title - Where found to belong to plaintiffs - Grants to various persons by defendants - Are clear indications of areas trespassed upon. Makinde v. Akinwale (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32251; (2000) 2 NWLR (Pt. 645) 435

LAND LAW - Trespass - Upon the finding that defendants were owners in possession - Plaintiffs are liable in damages for trespass - And an order of injunction. Olorunfemi v. Asho (2000) 1 KLR (pt 94) 45; (2000) 2 NWLR (Pt. 643) 143

LAND LAW - Trustees - Unincorporated association - While the association

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

is not registered in law - Certain persons may be appointed trustees who must act in that capacity. Anyaegbunam v. Osaka (2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

LAND LAW - Unincorporated association - Capacity to own Property - Condition Precedent for such property to vest. Anyaegbunam v. Osaka (2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

LAND LAW - `'Urban area" - Under the Land Use Act - What it means. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND USE ACT - Certificate of occupancy - Effect of - It is not a conclusive evidence of any right, interest or valid title to land - In favour of the grantee. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND USE ACT - Certificate of occupancy - Onus of proof - The onus is on the grantee of such certificate - To establish that the land was vested in him - Before the commencement of the Act. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND USE ACT - Jurisdiction - High Court - Land Use Act s. 39 - Expressly excluded courts other than the High Court from exercising jurisdiction in matters specified therein - No such exclusion was expressed in section 41 of the Act. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND USE ACT - Jurisdiction - Non urban land - Concurrent jurisdiction - Of the Customary Court and the High Court - It is sensible to preserve the choice of forum - Which a litigant had always enjoyed in respect of non urban land - Before the introduction of the Act. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

LAND USE ACT - Jurisdiction - Sections 39 and 41 of the Act - Purpose of - The purpose which the sections are designed to serve is clear - They do not limit the jurisdiction of the High Court. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND USE ACT - Rights of occupancy - Although the Act created rights of occupancy that may be regarded as new tenures in land - It did not introduce a completely novel concept of rights and interest in and over land. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND USE ACT - Rights of occupancy - Power to grant - The Power to grant Statutory right of occupancy is vested in the Governor - While the Local Government is given power to grant customary right of occupancy. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND USE ACT - Statutory right of occupancy - Deemed holder - A plaintiff who failed to establish that he had any right to a land in dispute - Cannot be deemed a holder of a statutory right of occupancy - Under section 34 of the Act. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

LAND USE ACT - Statutory right of Occupancy - And Customary right of occupancy - Their proper definitions. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LAND USE ACT - `'Urban area" - Under the Land Use Act - What it means. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

LANDLORD & TENANT - Customary tenancy - Possession - A customary tenant has a right of possession - Unless he commits acts of misconduct. Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

LANDLORD & TENANT - Forfeiture - Claim of title by tenants which they fail to prove - Grounds forfeiture of their rights as tenants. Makinde v. Akinwale (2000) 1 KLR (pt 94) 1; (2000) 2 NWLR (Pt. 644) 32251; (2000) 2 NWLR (Pt. 645) 435

LANDLORD & TENANT - Lease - Validity - Requirements of a valid lease. Okechukwu v. Onuorah (2000) 12 KLR (pt 110) 2939; (2000) 15 NWLR (Pt. 691) 597

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

LEASES - Commencement - Contingency - Uncertainty as to the precise time of occurrence - How to resolve. Okechukwu v. Onuorah (2000) 12 KLR (pt 110) 2939; (2000) 15 NWLR (Pt. 691) 597

LEASES - Commencement - Upon the occurrence of an uncertain event - Where the commencement date can easily be inferred - The lease is valid. Okechukwu v. Onuorah (2000) 12 KLR (pt 110) 2939; (2000) 15 NWLR (Pt. 691) 597

LEASES - Validity - Requirements of a valid lease. Okechukwu v. Onuorah (2000) 12 KLR (pt 110) 2939; (2000) 15 NWLR (Pt. 691) 597

LEGAL PERSONALITY - Incorporated company - Is not one and the same with a division of another incorporated company. Ehidimhen v. Musa (2000) 4 KLR (pt 102) 1323; (2000) 8 NWLR (Pt. 669) 540

LEGAL PERSONALITY - Juristic person - Representative action - It is enough if the group or class of persons sought to be represented - Are easily identifiable and have a common purpose. Akindipe v. C.O.P (2000) 5 KLR (pt 103) 1523

LEGAL PERSONALITY - Trustees - Unincorporated association - While the association is not registered in law - Certain persons may be appointed trustees who must act in that capacity. Anyaegbunam v. Osaka (2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

LEGAL PERSONALITY - Unincorporated association - And incorporated association - What distinguishes them. Anyaegbunam v. Osaka (2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

LEGAL PRACTITIONERS - Bill of charge - Action to recover - Certain conditions must be observed. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

LEGAL PRACTITIONERS - Bill of charge - If not applied to be taxed - Judgment for full sum may be entered - If leave is obtained to sign for final judgment by plaintiff. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

LEGAL PRACTITIONERS - Bill of charge - If not sufficiently itemized or particularized - Must be objected to formally. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

LEGAL PRACTITIONERS - Bill of charge - Not objected to - Is subject to litigation as to quantum - It is a matter within the general jurisdiction of the court to resolve. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

LEGAL PRACTITIONERS - Duty - Authorities - Citing of - Counsel in a case has a duty not only to bring to the attention of the court authorities that support his case - But also those that decide otherwise. Adio v. Att-Gen. Oyo State (2000) 5 KLR (pt 104) 1635

LEGAL PRACTITIONERS - Duty in appeals - Impeachment of grounds of facts or mixed law and facts - Must be specifically pointed out by counsel - The court has no duty to pick and choose which grounds to impeach. Akuneziri v. Okenwa (2000) 12 KLR (pt 112) 3331; (2000) 15 NWLR (Pt. 691) 526

LEGAL PRACTITIONERS - Fair hearing - Denial of - Where counsel had an opportunity to be heard - But chose to be silent - He cannot complain that he was not given a fair hearing. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

LEGAL PRACTITIONERS - Negligence - Judgment - Setting aside - Complaint that counsel was unable to present case properly - Is not a sufficient ground to set aside decision. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

LEGISLATION - African Charter - And the Constitution - Classification - African Charter is inferior to the Constitution and the Decrees. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

LEGISLATION - Subsidiary legislation - What it connotes - And when detention order can be subsumed as a subsidiary legislation. Abacha v. Fawehinmi (2000) 4 KLR (pt 100) 857; (2000) 6 NWLR (Pt. 660) 228

LIBEL - Claim for - Proof - A claim for libel does not depend merely on oral evidence - But on inferences to be drawn from the established facts and the law. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

LIMITATION OF ACTIONS - Appeals - Limitation of time - Interlocutory appeal in civil causes - Must be made within 14 days - Where time has elapsed - Remedial

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

steps that may be taken. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

LIMITATION OF ACTIONS - Competence of action - Statute bar - Makes an action incompetent and divests Court of jurisdiction. Araka v. Ejeagwu (2000) 12 KLR (pt 111) 3161; (2000) 15 NWLR (Pt. 692) 684

LOCUS STANDI - Constitution of 1979 - Provisions of section 6 (6) (b) - Interpretation of - In Adesanya case - That case did not decide that the subsection prescribes the locus standi of a litigant - But that it prescribes the extent of the judicial powers of the courts. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

LOCUS STANDI - Declaratory reliefs - Sufficient interest - A plaintiff who only claims declaratory reliefs - If he shows sufficient interest in the subject matter of the dispute - Has the necessary locus standi to prosecute the claim. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

LOCUS STANDI - Demurrer application - Carriage by sea - Bill of lading - Where the averment in the statement of claim shows that the plaintiff has a right to sue on the bill of lading - And that the defendants failed to meet the claims of the plaintiff - The plaintiff has locus standi to sue - And the demurrer proceeding ought to fail Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

LOCUS STANDI - Demurrer - Bill of lading - Property in the goods - Where the property in the goods has not passed to a third party - The plaintiff has locus standi Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

LOCUS STANDI - Demurrer - Carriage of goods - Bill of lading - When it would be appropriate for a defendant to demur on the locus standi of the plaintiff. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

LOCUS STANDI - Lack of - Consequence - Where a Plaintiff has no Locus standi - It is not necessary to consider whether there is a genuine case on the merits Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt.

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

675) 315

LOCUS STANDI - Non suit - Order of non suit is not appropriate in a case - Where the plaintiffs have been found not to have a standing to bring the action. Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

LOCUS STANDI - Private law - Cause of action - In Private law the question of locus standi - Is merged in the issue of cause of action. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

LOCUS STANDI - Public right - Justiciable interest - For a person to invoke judicial power to determine the constitutionality of legislative or executive action - He must show that he has justiciable interest - Which may be affected by the action Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

LOCUS STANDI - Question of - Yard stick in determining - The interest or injury test should remain the yardstick in determining the question of the locus standi of a complainant - And the test is not affected by section 6(6)(b) of the Constitution. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

LOCUS STANDI - Trespass - Action for - Where from the statement of claim - The plaintiffs have prima facie shown that they are in exclusive possession - They have legal capacity to invoke the jurisdiction of court under section 6 (6) (b) of the 1999 Constitution. Akindipe v. C.O.P (2000) 5 KLR (pt 103) 1523

MANSLAUGHTER - Cause of death - Medical evidence - Contradiction - Where the court relies on medical evidence to prove cause of death - Such medical evidence must show clearly - That the injury inflicted on the deceased - Caused his death without any intervening factor. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

MANSLAUGHTER - Unlawful carnal knowledge - Death as a result of such act - Where there was no evidence that the act was of such a nature as to be likely to endanger human life - The conviction of the appellant for murder was wrong - But he is guilty of manslaughter. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

MASTER & SERVANT - Compulsory retirement - Decree No. 17 of 1984 -

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

Removal by the appropriate authority - The evidence point irresistibly to the fact that it was the military Governor - That removed the plaintiff from office. Omo v. Judicial Service Committee of Delta State (2000) 7 KLR (pt 108) 2623; (2000) 12 NWLR (Pt. 682) 444

MASTER & SERVANT - Public servant - Pensions Act, 1979 - A person employed in the Psychiatric Hospital - Is a public servant subject to the Act. Psychiatric Hospital v. Ejitagha (2000) 6 KLR (pt 107) 2323; (2000) 11 NWLR (Pt. 677) 154

MASTER & SERVANT - Retirement - Burden of proof - Pensions Act, 1979 - Provisions of section 4 - The burden is on the employer to show that the provisions were complied with. Psychiatric Hospital v. Ejitagha (2000) 6 KLR (pt 107) 2323; (2000) 11 NWLR (Pt. 677) 154

MASTER & SERVANT - Retirement - Pensions Act, 1979 - Section 4 thereof - Three conditions that must be satisfied - Before an officer can be retired under subsection (2) Psychiatric Hospital v. Ejitagha (2000) 6 KLR (pt 107) 2323; (2000) 11 NWLR (Pt. 677) 154

MASTER & SERVANT - Retirement - Statutory Powers - Under section 4 (2) of the Pensions Act - A public Body invested with statutory Powers - Must act within the law. Psychiatric Hospital v. Ejitagha (2000) 6 KLR (pt 107) 2323; (2000) 11 NWLR (Pt. 677) 154

MAXIMS - In pari delicto potior est conditio defendentis - Illegal contract - Where the parties are both at fault - The condition of the defendant is better. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

MOTIONS - Appeals - Matters relating to appeal - Motions - Once an appeal has been brought to the Court of Appeal - All matters relating to the appeal must be agitated at that court and not the high court. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

MOTIONS - Appeals - Notice of Hearing - Hearing of an appeal on a date fixed for interlocutory motion - When the parties had not been notified of the hearing - Is erroneous. Wema Bank Nig. v. Odulaja (2000) 3 KLR (pt 98) 697; (2000) 7 NWLR (Pt. 663) 1

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

MOTIONS - Courts - High Court Law of Lagos State - Proviso of s. 60 - To excuse the judge from being assigned to hear the motions in the instant case - It must be shown that it was not convenient and practicable - For the judge to hear the motions. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

MURDER - Conviction - Sustained by overwhelming circumstantial evidence - Is consistent with appellant's guilt. Durwode v. State (2000) 12 KLR (pt 111) 3079; (2000) 15 NWLR (Pt. 691) 467

MURDER - Culpable homicide punishable with death - Murder weapon - Failure to produce the murder weapon during the trial - Is inconsequential in the circumstances of the present case. Garba v. The State (2000) 4 KLR (pt 100) 1035; (2000) 6 NWLR (Pt. 661) 378

MURDER - Culpable homicide punishable with death - Under s. 221 of the Penal Code - When a person is guilty of an offence under the section. Garba v. The State (2000) 4 KLR (pt 100) 1035; (2000) 6 NWLR (Pt. 661) 378

MURDER - Defence - Allegation that it was somebody else who killed the deceased - It is incumbent on the prosecution to rebut the allegation by evidence The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

MURDER - Evidence - Cause of death - Medical report - A court can in the absence of a medical report - Properly infer the cause of death from the evidence. Oforlete v. State (2000) 7 KLR (pt 109) 2845; (2000) 12 NWLR (Pt. 681) 415

MURDER - Evidence - Confessional Statement - Where the Victim died as a result of the voluntary act of the accused - It is material whether the accused's extra judicial statement - Is a confessional statement or not. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

MURDER - Evidence - Contradiction in the evidence of the prosecution witness - It is the duty of the prosecution to explain the contradiction. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

MURDER - Evidence - Medical evidence - Cause of death - Where the cause of death is obvious - Medical evidence ceases to be of practical legal necessity. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

MURDER - Evidence - Proof - Standard of proof - Where the prosecution had not established its case - Beyond any reasonable doubt - The doubt must be resolved in favour of the appellant. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

MURDER - Medical report - When tendered and admitted in evidence - Is regarded as sufficient evidence of the facts stated therein. The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

MURDER - Offence of - Proof - What the prosecution must prove. Aigbadion v. The State (2000) 4 KLR (pt 102) 1299; (2000) 7 NWLR (Pt. 666) 686

MURDER - Proof - Murder - Under section 316 (3) of the Criminal Code - What the prosecution must prove. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

MURDER - Proof - What must be established - In order to establish a charge of murder. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

MURDER - Provocation - Defence of - No amount of provocation can excuse homicide - Or render it excusable - Except by virtue of s. 318 of the Criminal Code. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

MURDER - Provocation - Defence of provocation - Loss of self control - Where the circumstances are not such as to make the accused lose his self control - The defence is not available. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

MURDER - Provocation - Defence of provocation - Words - Circumstances when words alone can constitute provocation - As to reduce the offence of murder to manslaughter. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

MURDER - Unlawful carnal knowledge - Death as a result of such act - Where there was no evidence that the act was of such a nature as to be likely to endanger human life - The conviction of the appellant for murder was wrong - But he is guilty of manslaughter. Idowu v. The State (2000) 7 KLR (pt 108) 2449; (2000) 12 NWLR (Pt. 680) 48

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

NATURAL JUSTICE - Bias - Real likelihood of bias - Inference from circumstances - From the circumstances of the present case - A reasonable man cannot draw the inference that there was a real likelihood of bias on the part of the trial judge. Adio v. Att-Gen. Oyo State (2000) 5 KLR (pt 104) 1635

NATURAL JUSTICE - Bias - Real likelihood of bias - Principles that guide the courts - In considering whether there was real likelihood of bias. Adio v. Att-Gen. Oyo State (2000) 5 KLR (pt 104) 1635

NATURAL JUSTICE - Bias - Real likelihood of bias - Right to object - Waiver - The right to impugn proceedings of any court which was tainted by the adjudicator being disqualified by likelihood of bias - May be lost by waiver of the right. Adio v. Att-Gen. Oyo State (2000) 5 KLR (pt 104) 1635

NATURAL JUSTICE - Bias - Real likelihood of bias - Test to be applied - A mere whimsical suspicion will not suffice - There must be a real likelihood of bias. Adio v. Att-Gen. Oyo State (2000) 5 KLR (pt 104) 1635

NATURAL JUSTICE - Fair hearing - Bias - Likelihood of - Where the judge had no jurisdiction in the matter - The question whether there was likelihood of bias - Is superfluous. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

NATURAL JUSTICE - Fair trial- Bias - Where the appellant's counsel was granted every opportunity - Of presenting the appellant's defence - None of the provisions of s. 33 of the 1979 Constitution were breached. Ihuebeka v. The State (2000) 4 KLR (pt 102) 1357; (2000) 7 NWLR (Pt. 665) 404

NATURAL JUSTICE - Real likelihood of bias - Disqualification - to disqualify a person from acting in a judicial or quasi - judicial capacity upon the ground of interest - A real likelihood of bias must be shown. Adio v. Att-Gen. Oyo State (2000) 5 KLR (pt 104) 1635

NATURAL JUSTICE - "Real likelihood of bias" - What it means and the test to be applied. Adio v. Attorney-General of Oyo State (2000) 5 KLR (pt 104) 1635

NEGLIGENCE - Banking and customer relationship - Duty to exercise reasonable care and skill - A bank has a duty under its contract with its customer - To exercise reasonable care and skill. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261;

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

(2000) 7 NWLR (Pt. 666) 534

NEGLIGENCE - Banking - Dishonoured draft - Where a bank dishonoured a banker's draft issued by it - An act of negligence has been committed. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

NEGLIGENCE - Corporate body - Liability - Where an allegation of negligent act is made - Against a corporate body doing business through several branches - What is material is whether the negligent act alleged has been proved - And not whether the acts were done through one of the branches or another. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

NEGLIGENCE - Damages - Special damages - Mitigation of loss - Suffered due to the negligence of the defendant - It is always expected of the plaintiff to mitigate the loss. Obasuyi v. Business Ventures Limited (2000) 4 KLR (pt 101) 1173; (2000) 5 NWLR (Pt. 658) 668

NO CASE SUBMISSION - Criminal procedure - Threat to kill - Failure of the prosecution to make out a prima facie case - The lower courts were in error - To have overruled the no case submission. Ubanatu v. Commissioner of Police (2000) 1 KLR (pt 94) 87; (2000) 2 NWLR (Pt. 643) 115

NO CASE SUBMISSION - Upholding of - Where prosecution fails to prove an essential element in the charge - Trial court ought to uphold the submission. Ubanatu v. Commissioner of Police (2000) 1 KLR (pt 94) 87; (2000) 2 NWLR (Pt. 643) 115

ORDERS - Consequential order - Definition of - A consequential order must be one giving effect to the judgment from which it flows. Awoniyi v. Rosicrucian Order (2000) 6 KLR (pt 105) 1879; (2000) 10 NWLR (Pt. 676) 522

ORDERS - Consequential order - Jurisdiction of the Court to make - A consequential order could only be made directing a party - Who participated in the proceedings before the court - And was involved in the judgment to do certain things. A-G Federation v. A.I.C. Limited (2000) 6 KLR (pt 105) 1777; (2000) 10 NWLR (Pt. 675) 293

ORDERS - Consequential order - Jurisdiction of the Court to make - A consequential order could only be made directing a party - Who participated

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

in the proceedings before the court - And was involved in the judgment to do certain things. A-G Federation v. A.I.C. Limited (2000) 6 KLR (pt 105) 1777; (2000) 10 NWLR (Pt. 675) 293

ORDERS - Consequential Order - Any such order which detracts from the judgment - Is not made within jurisdiction. Momah v. Vab Petroleum Inc. (2000) 2 KLR (pt 97) 543; (2000) 4 NWLR (Pt. 654) 534

ORDERS - Interlocutory order - From which there has been no appeal - This does not preclude the order being questioned in an appeal against the final judgment - By virtue of order 3 rule 22 of the Court of Appeal rules. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

ORDERS - Issue - Order of consolidation - Made by the trial judge suo motu - And without giving the parties an opportunity to address the court on it - The issue can be raised on appeal. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

ORDERS - Non suit - Locus standi - Order of non suit is not appropriate in a case - Where the plaintiffs have been found not to have a standing to bring the action. Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

ORDERS - Non suit order - Implies that although on that particular occasion the plaintiff has failed to prove his case - He should in fairness not be denied the opportunity of relitigating the same case. Chikere v. Okegbe (2000) 7 KLR (pt 108) 2597; (2000) 12 NWLR (Pt. 681) 274

ORDERS - Non suit - Order of - Section 6 (6) (a) of the Constitution - Although that subsection provides that the courts shall have inherent powers - But a court may not make an order of non suit - When the Rules of that court have dispensed with that power. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

ORDERS - Retrial order - When a trial court fails in its appraisal of evidence - Circumstances when the appellate court will order a retrial. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

ORDERS - Striking out - Case heard to conclusion - It is unusual to strike out a civil case which has been heard to conclusion - Except where the court later found that it has no jurisdiction - Or where the plaintiff lacks locus standi. Khalil

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

& Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

PARTIES - Actions - Necessary Party - Duty of a Plaintiff - Is to bring to court a party whose presence is crucial to the resolution of the case. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

PARTIES - Appeals - Right to appeal - As guaranteed under s. 233 of the 1979 Constitution - Is open to a part to the proceedings. Alsthom S. A. v. Saraki (2000) 4 KLR (pt 102) 1395; (2000) 14 NWLR (Pt. 687) 415

PARTIES - Contract - Breach - Failure of consideration - Restitution - Where there is a claim for total failure of consideration - The innocent party is entitled to restitution. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

PARTIES - Contract Rescission - Right to - Where one party has committed a serious breach of contract - The innocent party has a right to rescind the contract. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

PARTIES - Contract - Strangers to a contract - Right of - A contract affects the parties to it - And cannot be enforced by or against a person who is not a party. A-G Federation v. A.I.C. Limited (2000) 6 KLR (pt 105) 1777; (2000) 10 NWLR (Pt. 675) 293

PARTIES - Contracts - illegal contract - Innocent party - Is not bound by an act of illegality that he is not aware of. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

PARTIES - Contracts - Termination - Wrongful termination by one party - What the other party may do in the circumstance. A. Savoia Ltd v. Sonubi (2000) 7 KLR (pt 109) 2827; (2000) 12 NWLR (Pt. 682) 539

PARTIES - Contracts - Undue influence - A party acting under undue influence may recover on an illegal contract - But the undue influence must be established. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

PARTIES - Documents - Written agreement - Parties are bound by the contents - Of any written agreement duly executed by them. Anyaegbunam v. Osaka

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

(2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

PARTIES - Islamic law - Procedure - Action - Proper plaintiff - It is not always necessary that a litigant who complains first before the court - Shall always be the plaintiff - It is the judge based on the facts of the case that decides who is to be the plaintiff. Jiddun v. Abuna (2000) 10 KLR (pt 110) 2879; (2000) 14 NWLR (Pt. 686) 209

PARTIES - Issue estoppel - Distinct findings in a previous suit - Which are binding on the parties and their privies - May not be relitigated any longer as between them. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

PARTIES - Joinder of - No cause or matter shall be defeated by reason of the non-joinder of parties - It is only where a person is a necessary Party that his joinder becomes essential. Ifeanyi Chukwu (Osondu) Co. Ltd v. Soleh Boneh Nig. Ltd (2000) 3 KLR (pt 98) 647; (2000) 5 NWLR (Pt. 656) 322

PARTIES - Judgment - Void or irregular judgment - As may be believed by the affected party - Cannot be disobeyed by that party - Unless the judgment has been set aside. Babatunde v. Olatunji (2000) 2 KLR (pt 96) 361; (2000) 2 NWLR (Pt. 646) 557

PARTIES - Necessary parties - All parties necessary for the invocation of the judicial powers of the court - Must be made parties to the action - So as to give the court jurisdiction to grant the reliefs sought. Awoniyi v. Rosicrucian Order (2000) 6 KLR (pt 105) 1879; (2000) 10 NWLR (Pt. 676) 522

PARTIES - Pleadings - Issues - Were properly joined by the pleadings - Parties are bound by their pleadings - Evidence not supported by the pleadings - Goes to no issue. Ito v. Ekpe (2000) 2 KLR (pt 95) 249; (2000) 3 NWLR (Pt. 650) 678

PARTIES - Proper party - Where there is no evidence to connect a party with the cause of action - That party is not a proper party to the action. Ehidimhen v. Musa (2000) 4 KLR (pt 102) 1323; (2000) 8 NWLR (Pt. 669) 540

PARTIES - Stay of Execution - Victorious party - Must not lightly be deprived of the fruit of his victory - Unless a special circumstance to justify a stay is advanced. Odedeyi v. Odedeyi (2000) 2 KLR (pt 96) 401; (2000) 3 NWLR (Pt. 650) 655

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

PARTIES - Trespass - Possession - Title to land - Where two parties are on land claiming possession - Trespass can only be at the suit of that party - Who can show that title of the land is in him. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

PLEADINGS - Admission - Bindingness of pleadings - What is admitted need not be proved - And parties are bound by their pleadings. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

PLEADINGS - Allegation of fact - Denial of - Every allegation of fact if not denied specifically or by necessary implication - Shall be taken as established at the hearing. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

PLEADINGS - Claim - Evidence - Uncontroverted evidence - Where the plaintiff's claim by the pleadings and evidence remained uncontroverted - He is entitled to judgment. Elema v. Akenzua (2000) 6 KLR (pt 107) 2345; (2000) 13 NWLR (Pt. 683) 92

PLEADINGS - Contract - Breach - Reasonable cause of action - A pleading which contains averments that there has been a breach of contract - Sufficiently serious to justify a claim that the plaintiff is no more bound by the contract - Cannot be said not to disclose a reasonable cause of action. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

PLEADINGS - Courts - Issue not placed before the court - That court has no business to deal with such an issue. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

PLEADINGS - Crime alleged in a civil case - A party who intends to prove charges of fraud - Must do so beyond reasonable doubt - And must have set them down specifically in his pleading. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

PLEADINGS - Demurrer - Amended pleading - Where the time limited for delivering an amended statement of defence has not elapsed - It is competent for the defendant to raise a demurrer. Mobil Oil (Nigeria) PLC v. IAL 36 INC. (2000) 4 KLR (pt 100) 999; (2000) 6 NWLR (Pt. 659) 146

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

PLEADINGS - Document - Evidence - When a document is Pleaded it forms part of the pleading - And the document will be tendered as the evidence in proof of those facts. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

PLEADINGS - Essence of pleadings - Is to define accurately the issues between the parties - And to guide the parties not to give evidence outside the facts pleaded. Akinterinwa v. Oladunjoye (2000) 4 KLR (pt 99) 753; (2000) 6 NWLR (Pt. 659) 92

PLEADINGS - Estoppel - Materials for resting on issue estoppel were pleaded - Court of Appeal was right to determine the case - On the basis of issue estoppel. Ito v. Ekpe (2000) 2 KLR (pt 95) 249; (2000) 3 NWLR (Pt. 650) 678

PLEADINGS - Evidence - Issues - Parties are bound by their pleadings - Which shall for all purposes dictate issues admitted - And issues disputed. Anyaegbunam v. Osaka (2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

PLEADINGS - Evidence - Led not in conformity with the pleadings - Goes to no issue. Anyanwu v. Iwuchukwu (2000) 12 KLR (pt 110) 2967; (2000) 15 NWLR (Pt. 692) 721

PLEADINGS - Evidence - Title to land - Root of title - Once a party pleads and traces his root of title to a particular source - And the averment is challenged - What that party must establish in order to succeed. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

PLEADINGS - Evidence - Where the plaintiff adduced no evidence - As to the root of title he pleaded - His case ought to have been dismissed. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

PLEADINGS - Evidence - Which is at variance with the pleading - Goes to no issue. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

PLEADINGS - Evidence - Which is at variance with the pleadings - Goes to no issue. Olohunde v. Adeyoju (2000) 6 KLR (pt 107) 2255; (2000) 10 NWLR (Pt. 676) 562

PLEADINGS - Evidence - Which is contrary to the pleadings - Goes to no issues. Itauma v. Akpe-Ime (2000) 7 KLR (pt 109) 2797; (2000) 12 NWLR (Pt. 680) 156

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

PLEADINGS - Function of pleadings - Is to avoid any surprise at the hearing. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

PLEADINGS - Function - Parties and the courts are bound by the pleadings. Anyanwu v. Iwuchukwu (2000) 12 KLR (pt 110) 2967; (2000) 15 NWLR (Pt. 692) 721

PLEADINGS - Issues - Proof - Evidence must be directed and confined to the proof or disproof - Of the issues as settled by the pleadings. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

PLEADINGS - Issues - Were properly joined by the pleadings - Parties are bound by their pleadings - Evidence not supported by the pleadings - Goes to no issue. Ito v. Ekpe (2000) 2 KLR (pt 95) 249; (2000) 3 NWLR (Pt. 650) 678

PLEADINGS - Proof - Burden - The burden of proof rests on the party who alleges. Echi v. Nnamani (2000) 5 KLR (pt 104) 1685; (2000) 8 NWLR (Pt. 667) 1

PLEADINGS - Reasonable cause of action - Since evidence has been adduced - The important question is whether the pleadings justify a verdict for the party - And not whether it disclosed a reasonable cause of action. Olorunfemi v. Asho (2000) 1 KLR (pt 94) 45; (2000) 2 NWLR (Pt. 643) 143

PLEADINGS - Relief - Which was not claimed - A court has no jurisdiction to make an Order - Which was not pleaded or prayed for - Such order will be annulled on appeal. Ifabiyi v. Adeniyi (2000) 5 KLR (pt 103) 1505; (2000) 6 NWLR (Pt. 662) 532

PLEADINGS - Reply - Further pleadings - When it is necessary to file a reply to the statement of defence Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

PLEADINGS - Reply - What it means Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

PLEADINGS - Statement of claim - Reasonable cause of action - In considering whether a pleading discloses a reasonable cause of action - Only the allegations in the Writ of Summons and the statement of claim are examined. Akindipe v.

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

C.O.P (2000) 5 KLR (pt 103) 1523

PLEADINGS - Statement of claim - Reasonable cause of action - What the Court should consider in order to determine - Whether the statement of claim has disclosed a reasonable cause of action. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

PLEADINGS - Striking out - Application for pleading to be struck out - Under Order 22 Rule 4 of the High Court of Lagos Civil Procedure Rules 1972 - The rule will not apply where one has to go to extrinsic evidence to show that the pleading is bad. Akindipe v. C.O.P (2000) 5 KLR (pt 103) 1523

PLEADINGS - Survey plan - Joining of issues - Where a defendant is desirous of joining issue with any aspect of a plaintiff's survey plan in respect of a land in dispute - What such a defendant must do. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

PLEADINGS - Title to land - Traditional history - Proof - The pleading of the devolution and the evidence in support - Must be reliable and credible. Eze v. Atasie (2000) 6 KLR (pt 107) 2301; (2000) 10 NWLR (Pt. 676) 450

PLEADINGS - Title - Traditional evidence - Party relying on it - Is bound to plead and prove the grantor's title. Alli v. Alesinloye (2000) 4 KLR (pt 101) 1111; (2000) 6 NWLR (Pt. 660) 177

PLEADINGS - Title - Where plaintiff traced his title to an original owner - Without pleading the root of title of that owner - Onus of prove is not discharged. Ngene v. Igbo (2000) 2 KLR (pt 96) 409; (2000) 4 NWLR (Pt. 651) 131

PLEADINGS - Unpleaded facts - Undue influence - Question of - Which was never pleaded - Goes to no issue. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

POWER OF ATTORNEY - Evidence - Execution - Issue of execution thereof by a Witness - Clear and unequivocal evidence by that witness - Is what would have been of benefit to the appellants. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

PRACTICE & PROCEDURE - Action - Contract - Breach of Contract - Venue for trial - Onus to establish - Is on the person who asserts. University Press Ltd v.

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

I. K. Martins Nig. Ltd (2000) 2 KLR (pt 97) 519; (2000) 4 NWLR (Pt. 654) 584

PRACTICE & PROCEDURE - Action - Notice - Preaction notice - Form of the notice - Place of abode of the plaintiff - Is not material to the notice. Amadi v. NNPC (2000) 6 KLR (pt 106) 2085; (2000) 10 NWLR (Pt. 674) 76

PRACTICE & PROCEDURE - Action - Notice - Preaction notice - Purpose of the notice - Is not to put hazards in the way of bringing litigation. Amadi v. NNPC (2000) 6 KLR (pt 106) 2085; (2000) 10 NWLR (Pt. 674) 76

PRACTICE & PROCEDURE - Action - Notice - Preaction notice - While the issuance of notice by a prospective plaintiff is mandatory - The particulars to be included in the notice are directory. Amadi v. NNPC (2000) 6 KLR (pt 106) 2085; (2000) 10 NWLR (Pt. 674) 76

PRACTICE & PROCEDURE - Action - Parties - Joinder of - No cause or matter shall be defeated by reason of the non-joinder of parties - It is only where a person is a necessary Party that his joinder becomes essential. Ifeanyi Chukwu (Osondu) Co. Ltd v. Soleh Boneh Nig. Ltd (2000) 3 KLR (pt 98) 647; (2000) 5 NWLR (Pt. 656) 322

PRACTICE & PROCEDURE - Action - Venue - For trial - How to determine question of venue. University Press Ltd v. I. K. Martins Nig. Ltd (2000) 2 KLR (pt 97) 519; (2000) 4 NWLR (Pt. 654) 584

PRACTICE & PROCEDURE - Actions - Tort - Joint tortfeasors - The person injured may sue any or both of the tortfeasors. Ifeanyi Chukwu (Osondu) Co. Ltd v. Soleh Boneh Nig. Ltd (2000) 3 KLR (pt 98) 647; (2000) 5 NWLR (Pt. 656) 322

PRACTICE & PROCEDURE - Adjudication - What determines matters which are appropriate for adjudication - The enquiry the Court should embark upon. Alsthom S. A. v. Saraki (2000) 4 KLR (pt 102) 1395; (2000) 14 NWLR (Pt. 687) 415

PRACTICE & PROCEDURE - Amendment of legal process - Purpose and method of - Amendment will be granted - To bring out the real matter in controversy. Alsthom S.A. v. Saraki (2000) 11 KLR (pt 110) 2919; (2000) 14 NWLR (Pt. 687) 415

PRACTICE & PROCEDURE - Amendment of process - Can be granted by the

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

court - At any stage of the proceedings. Alsthom S.A. v. Saraki (2000) 11 KLR (pt 110) 2919; (2000) 14 NWLR (Pt. 687) 415

PRACTICE & PROCEDURE - Amendment - To bring the pleadings in line with the evidence already led - Will be granted by the supreme court - Where justice so demands. Alsthom S.A. v. Saraki (2000) 11 KLR (pt 110) 2919; (2000) 14 NWLR (Pt. 687) 415

PRACTICE & PROCEDURE - Appeal - Amendment - Power as to - The Court of Appeal can order an amendment of a Writ or Pleadings as the High Court could have done - However the Court would only grant such an amendment - So as to bring the pleadings in line with evidence already led. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

PRACTICE & PROCEDURE - Appeal - Ground of appeal not supported by any issue is incompetent - And argument based on it goes to no issue. Amadi v. NNPC (2000) 6 KLR (pt 106) 2085; (2000) 10 NWLR (Pt. 674) 76

PRACTICE & PROCEDURE - Appeal - Issue argued without a supporting ground of appeal - The consequence is that both the issue and the argument founded on it - Ought to be discountenanced by the court. Adesanoye v. Adewole (2000) 5 KLR (pt 103) 1441; (2000) 9 NWLR (Pt. 671) 127

PRACTICE & PROCEDURE - Appeal - Issues - Framing of - Issues for determination may be framed by the parties or by the court - But the issues must at all times be related to the grounds of appeal filed. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

PRACTICE & PROCEDURE - Appeal - Issues - Incompetence - An appellate Court can only hear and decide on issues raised on the grounds of appeal filed before it - And an issue not covered by the ground of appeal is incompetent. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

PRACTICE & PROCEDURE - Appeal - Issues - Incompetence - Ruling that was not appealed against - Issues which seek to question that ruling - Are incompetent and ought to be struck out. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

PRACTICE & PROCEDURE - Appeal - Notice of proceedings - Failure to give notice of proceedings to an opposing party - In a case where service of process

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

is required - Is a fundamental omission which renders such proceedings void. Wema Bank Nig. v. Odulaja (2000) 3 KLR (pt 98) 697; (2000) 7 NWLR (Pt. 663) 1

PRACTICE & PROCEDURE - Appeals - Amendments - Fresh issue - Motion for amendments in this matter - Did not raise any fresh issue. Alsthom S.A. v. Saraki (2000) 11 KLR (pt 110) 2919; (2000) 14 NWLR (Pt. 687) 415

PRACTICE & PROCEDURE - Appeals - Hearing - Notice of Hearing - Hearing of an appeal on a date fixed for interlocutory motion - When the parties had not been notified of the hearing - Is erroneous. Wema Bank Nig. v. Odulaja (2000) 3 KLR (pt 98) 697; (2000) 7 NWLR (Pt. 663) 1

PRACTICE & PROCEDURE - Appeals - Issue - Incompetent issue - An issue for the determination of appeal - Must relate to and be distilled from any of the grounds of appeal - If it does not it is incompetent and must be struck out. Garba v. The State (2000) 4 KLR (pt 100) 1035; (2000) 6 NWLR (Pt. 661) 378

PRACTICE & PROCEDURE - Appeals - Leave to appeal - Where an application has been refused by the High Court - An application for a similar purpose may be made to the Court of Appeal. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

PRACTICE & PROCEDURE - Appeals - Limitation of time - Interlocutory appeal in civil causes - Must be made within 14 days - Where time has elapsed - Remedial steps that may be taken. Iweka v. S.C.O.A. Nig. Ltd (2000) 3 KLR (pt 98) 619; (2000) 7 NWLR (Pt. 664) 325

PRACTICE & PROCEDURE - Burden of proof - In applying the principle that he who alleges must prove - There is no distinction between a plaintiff and a defendant. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

PRACTICE & PROCEDURE - Claim - Order 10 Proceedings - The essence of proceedings under Order 10 - Is to give judgment for admitted claim. Cotia Importacao S.A. v. Sanusi Bros. (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

PRACTICE & PROCEDURE - Consolidation - Order of - Circumstances under which consolidation may be ordered. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101)

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

1205; (2000) 8 NWLR (Pt. 668) 197

PRACTICE & PROCEDURE - Crime alleged in a civil case - A party who intends to prove charges of fraud - Must do so beyond reasonable doubt - And must have set them down specifically in his pleading. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

PRACTICE & PROCEDURE - Declaratory judgments - Cause of action - Claim for a declaration is itself a cause of action - And what would entitle a plaintiff to a declaration is a claim which the court is prepared to recognize. Dantata v. Mohammed (2000) 5 KLR (pt 103) 1559; (2000) 7 NWLR (Pt. 664) 176

PRACTICE & PROCEDURE - Demurrer - Amended pleading - Where the time limited for delivering an amended statement of defence has not elapsed - It is competent for the defendant to raise a demurrer. Mobil Oil (Nigeria) PLC v. IAL 36 INC. (2000) 4 KLR (pt 100) 999; (2000) 6 NWLR (Pt. 659) 146

PRACTICE & PROCEDURE - Demurrer - Application procedure - A party who chooses to proceed by way of demurrer - Cannot superimpose on it a procedure of his own making. Mobil Oil (Nigeria) PLC v. IAL 36 INC. (2000) 4 KLR (pt 100) 999; (2000) 6 NWLR (Pt. 659) 146

PRACTICE & PROCEDURE - Demurrer - Irregular procedure - Taking of evidence - Any procedure adopted which involved the taking or assessing of evidence - Would be irregular. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

PRACTICE & PROCEDURE - Demurrer - Plea of - A defendant has an option to make a demurrer in appropriate cases - But he does not have the option to do so - After issues have been joined by delivery of defence. Mobil Oil (Nigeria) PLC v. IAL 36 INC. (2000) 4 KLR (pt 100) 999; (2000) 6 NWLR (Pt. 659) 146

PRACTICE & PROCEDURE - Demurrer - Pleading - Documents that are pleaded - If exhibited to make them part of the pleading for the purpose of demurrer proceeding - That approach would radically change the demurrer principle - Of relying on the statement of claim alone. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

PRACTICE & PROCEDURE - Demurrer - Principle of - A defendant is neither permitted to file a Statement of defence nor to tender evidence - He is taken to have accepted all the facts pleaded by the plaintiff - But rely on some point of law. Brawal Ltd v. F.I. Onwadike Co. Ltd (2000) 6 KLR (pt 107) 2417; (2000) 11 NWLR (Pt. 678) 387

PRACTICE & PROCEDURE - Demurrer - Under Order 27 of the Federal High Court (Civil Procedure) Rules 1976 - Nature and extent of the plea. Mobil Oil (Nigeria) PLC v. IAL 36 INC. (2000) 4 KLR (pt 100) 999; (2000) 6 NWLR (Pt. 659) 146

PRACTICE & PROCEDURE - Evidence - Pleadings - Survey plan - Joining of issues - Where a defendant is desirous of joining issue with any aspect of a plaintiff's survey plan in respect of a land in dispute - What such a defendant must do. Adesanya v. Aderonmu (2000) 6 KLR (pt 107) 2367; (2000) 9 NWLR (Pt. 672) 370

PRACTICE & PROCEDURE - Evidence - Proof - Burden of proof - While the burden of proof initially lies on the plaintiff - The proof or rebuttal of issues may shift as the case progresses. Elema v. Akenzua (2000) 6 KLR (pt 107) 2345; (2000) 13 NWLR (Pt. 683) 92

PRACTICE & PROCEDURE - Execution - Legality of sale of immovable properties - Setting aside - For the sale to be set aside - It must be proved that there was material irregularity in the conduct of the sale - Which resulted in substantial injury. Akpunonu v. Beakart Overseas (2000) 7 KLR (pt 109) 2717; (2000) 12 NWLR (Pt. 682) 553

PRACTICE & PROCEDURE - Extension of time - To file statement of defence - Purpose of rules of court - Is not to impede the promotion of justice. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

PRACTICE & PROCEDURE - Forgery allegation in civil proceedings - Ambiguous evidence - Cannot discharge the required burden of proof. Aderounmu v. Olowu (2000) 2 KLR (pt 96) 337; (2000) 4 NWLR (Pt. 652) 253

PRACTICE & PROCEDURE - Interlocutory applications - Substantive issue - Will not be pronounced upon - So as not to prejudice the trial. Biocon Ltd v. Kudu Holding Ltd (2000) 12 KLR (pt 112) 3231; (2000) 15 NWLR (Pt. 691) 493

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

PRACTICE & PROCEDURE - Interlocutory order - From which there has been no appeal - This does not preclude the order being questioned in an appeal against the final judgment - By virtue of order 3 rule 22 of the Court of Appeal rules. Iloabuchi v. Ebigbo (2000) 4 KLR (pt 101) 1205; (2000) 8 NWLR (Pt. 668) 197

PRACTICE & PROCEDURE - Jurisdiction - High Court - Laws defining jurisdiction - Where question arises as to the jurisdiction of the High Court - It is essential to examine the laws defining the jurisdiction of the Court - Both at the time the action was instituted and up to the time judgment was given. Adisa v. Oyinwola (2000) 6 KLR (pt 106) 1915; (2000) 10 NWLR (Pt. 674) 116

PRACTICE & PROCEDURE - Jurisdiction - Lack of - Renders the proceedings a nullity - Issue of jurisdiction - May be raised at any stage - And may be raised by the court suo motu. Oshatoba v. Olujitan (2000) 2 KLR (pt 96) 379; (2000) 5 NWLR (Pt. 655) 159

PRACTICE & PROCEDURE - Legal practitioners - Duty - Authorities - Citing of - Counsel in a case has a duty not only to bring to the attention of the court authorities that support his case - But also those that decide otherwise. Adio v. Attorney-General of Oyo State (2000) 5 KLR (pt 104) 1635

PRACTICE & PROCEDURE - Legal practitioner's bill of charge - If not sufficiently itemized or particularized - Must be objected to formally. Oyekanmi v. NEPA (2000) 12 KLR (pt 111) 3037; (2000) 15 NWLR (Pt. 690) 414

PRACTICE & PROCEDURE - Locus standi - Lack of - Consequence - Where a Plaintiff has no Locus standi - It is not necessary to consider whether there is a genuine case on the merits. Owodunni v. Celestial Church (2000) 6 KLR (pt 107) 2187; (2000) 10 NWLR (Pt. 675) 315

PRACTICE & PROCEDURE - Nonsuit - Title to land - Claim for declaration of title - Exact extent of the land - Failure to prove the exact extent of the land - The action should be dismissed and not non-suited. Iordye v. Ihyambe (2000) 12 KLR (pt 111) 3069; (2000) 15 NWLR (Pt. 692) 675

PRACTICE & PROCEDURE - Non suit - General jurisdiction - Power to order a non suit - Once the power is omitted in the rules of court - The High Court cannot exercise that power under its general jurisdiction. Khalil & Dibbo Transport Ltd v. Odumade (2000) 7 KLR (pt 109) 2729

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

PRACTICE & PROCEDURE - Parties - Necessary parties - All parties necessary for the invocation of the judicial powers of the court - Must be made parties to the action - So as to give the court jurisdiction to grant the reliefs sought. Awoniyi v. Rosicrucian Order (2000) 6 KLR (pt 105) 1879; (2000) 10 NWLR (Pt. 676) 522

PRACTICE & PROCEDURE - Pleading - Function of - Is to avoid any surprise at the hearing. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

PRACTICE & PROCEDURE - Pleading - Reply - Further pleadings - When it is necessary to file a reply to the statement of defence. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

PRACTICE & PROCEDURE - Pleading - Reply - What it means. Oshodi v. Eyifunmi (2000) 7 KLR (pt 109) 2651; (2000) 13 NWLR (Pt. 684) 298

PRACTICE & PROCEDURE - Pleading - Striking out - Application for pleading to be struck out - Under Order 22 Rule 4 of the High Court of Lagos Civil Procedure Rules 1972 - The rule will not apply where one has to go to extrinsic evidence to show that the pleading is bad. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

PRACTICE & PROCEDURE - Pleadings - Admission - Bindingness of pleadings - What is admitted need not be proved - And parties are bound by their pleadings. Agbanelo v. Union Bank (2000) 4 KLR (pt 102) 1261; (2000) 7 NWLR (Pt. 666) 534

PRACTICE & PROCEDURE - Pleadings - Essence of pleadings - Is to define accurately the issues between the parties - And to guide the parties not to give evidence outside the facts pleaded. Akinterinwa v. Oladunjoye (2000) 4 KLR (pt 99) 753; (2000) 6 NWLR (Pt. 659) 92

PRACTICE & PROCEDURE - Pleadings - Evidence led not in conformity with the pleadings - Goes to no issue. Anyanwu v. Iwuchukwu (2000) 12 KLR (pt 110) 2967; (2000) 15 NWLR (Pt. 692) 721

PRACTICE & PROCEDURE - Pleadings - Issues - Parties are bound by their pleadings - Which shall for all purposes dictate issues admitted - And issues

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

disputed. Anyaegbunam v. Osaka (2000) 3 KLR (pt 98) 591; (2000) 5 NWLR (Pt. 657) 386

PRACTICE & PROCEDURE - Pleadings - Statement of claim - Reasonable cause of action - In considering whether a pleading discloses a reasonable cause of action - Only the allegations in the Writ of Summons and the statement of claim are examined. Akindipe v. C. O. P (2000) 5 KLR (pt 103) 1523

PRACTICE & PROCEDURE - Pleadings - Unpleaded facts - Undue influence - Question of - Which was never pleaded - Goes to no issue. Pan Bisbilder (Nig.) Ltd v. First Bank of (Nig) Ltd (2000) 1 KLR (pt 94) 21; (2000) NWLR (Pt. 642) 684

PRACTICE & PROCEDURE - Rules of Court - O 19 r. 5 Anambra State High Court Rules 1988 - Transfer of a case from one court to another thereunder - Is merely administrative - And does not require court proceedings. Dike v. Aduba (2000) 2 KLR (pt 95) 203; (2000) 3 NWLR (Pt. 647) 1

PRACTICE & PROCEDURE - Service of process - Deputy Sheriff - Is the statutory agent for the services of all court processes. Pavex Int. Co. Ltd. v. IBWA (2000) 4 KLR (pt 101) 1049; (2000) 7 NWLR (Pt. 663) 105

PRACTICE & PROCEDURE - Summary judgments - Defence on the merit - Defendant's affidavit - Must as far as possible deal specifically with the plaintiff's claim - And should also clearly and concisely state what the defence is. Cotia Importacao S.A. v. Sanusi Brothers (2000) 6 KLR (pt 107) 2395; (2000) 11 NWLR (Pt. 679) 566

PRACTICE & PROCEDURE - Summary judgments - Triable issue - Strong and prima facie assertions and evidence - Produced by the appellant - Demands that the parties be accorded a hearing. FSB Int. Bank Ltd v. Imano Ltd (2000) 7 KLR (pt 109) 2767; (2000) 11 NWLR (Pt. 679) 620

PRACTICE & PROCEDURE - Supreme Court - Judgment - Review of - Principles under which the Supreme court can review its own judgment - As enshrined in the provisions of order 8 r. 16 of the Rules of the Supreme Court 1985 as amended. Alao v. ACB Ltd (2000) 6 KLR (pt 105) 1803; (2000) 9 NWLR (Pt. 672) 264

PRACTICE & PROCEDURE - Transfer of cases to courts - Mere fact that relief for such transfer was sought in the claim - Would not stop the administrative judge from effecting the transfer - And the result of such transfer is not

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS

appealable to the Court of Appeal. Dike v. Aduba (2000) 2 KLR (pt 95) 203; (2000) 3 NWLR (Pt. 647) 1

PRACTICES & PROCEDURE - Appeal - Issues - Court of Appeal - Power to formulate issues - The Court of Appeal has the power to formulate an issue for determination suo motu - So long as it is satisfied that the issues - As framed by the parties would not lead to a proper determination of the appeal - And the issue thus raised is covered by the grounds of appeal filed. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

PROPERTY LAW - Lien - Banking - Letters of credit - By the terms stated in the parties' contract - Respondent has a right of lien over all the goods - Imported under the LC it opened for the appellant. Jeric Ltd v. Union Bank (2000) 12 KLR (pt 112) 3205; (2000) 15 NWLR (Pt. 691) 447

PROPERTY LAW - Sale of goods - Conditional sale - Property in the goods did not pass to the buyer - Who failed to pay the outstanding balance - As provided in the parties' agreement Exhibit 1. Afrotec Ltd v. Mia & Sons Ltd (2000) 12 KLR (pt 112) 3259; (2000) 15 NWLR (Pt. 692) 730

RETRIAL - Appeals - Duty of trial court to make findings of fact - Based on the pleadings and evidence - Where not discharged - Retrial will be ordered. Sagay v. Sajere (2000) 4 KLR (pt 99) 733; (2000) 6 NWLR (Pt. 661) 360

RETRIAL - Appeals - Failure of trial court to make proper use of the opportunity of seeing the witnesses - Appellate Court will not ascribe credibility to the witnesses - But would order a retrial. Sagay v. Sajere (2000) 4 KLR (pt 99) 733; (2000) 6 NWLR (Pt. 661) 360

RETRIAL - Appeals - Order - Where an appeal is allowed because of failure of the trial court to make findings on material issues - And the determination of such material issues depends on the credibility of witnesses - The proper order to make is that of retrial. Sha v. Kwan (2000) 5 KLR (pt 104) 1601; (2000) 8 NWLR (Pt. 670) 685

RETRIAL - Appeal - Retrial order - Where a trial court fails to treat all issues in controversy fully - And there is sufficient material before the appellate court for the resolution of the matter - An order of retrial will not be made The State v. Ajie (2000) 7 KLR (pt 109) 2747; (2000) 11 NWLR (Pt. 678) 434

INDEX OF SUBJECT MATTER ALL SC 2000 DECISIONS