ACCIDENTS - 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 - 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

 

ACTIONS - 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

 

ACTIONS - 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

 

ACTIONS - Appeals - 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

 

ACTIONS - Arbitration - 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

 

ACTIONS - 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

 

ACTIONS - 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 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

 

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

 

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 (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

 

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

 

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 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

 

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 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 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

 

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 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) 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

 

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

 

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

 

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

 

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

 

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) 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

 

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

 

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

 

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

 

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

 

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

 

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 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

 

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

 

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

 

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

 

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

 

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

 

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; (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

 

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 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 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

 

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

 

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

 

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 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

 

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

 

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) 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

 

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

 

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 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

 

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; (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

 

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 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 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 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

 

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. 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

 

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

 

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

 

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

 

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 - 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

 

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 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 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 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

 

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) 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 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

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. 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 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

 

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 (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

 

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 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 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 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 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

 

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 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. 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

 

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

 

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 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

 

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

 

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

 

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

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

 

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

 

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 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 - 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 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 (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 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 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 (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

 

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

 

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

 

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

 

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

 

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 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 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

 

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

 

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 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 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

 

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

 

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

 

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 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

 

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 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

 

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

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

 

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 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 (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 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 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 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

 

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

 

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

 

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

 

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 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

 

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 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 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

 

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

 

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 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 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

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

 

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

 

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 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. 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 - 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

 

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

 

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

 

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