COMPREHENSIVE INDEX TO ALL

SUPREME COURT 2001 DECISIONS

ACCIDENTS - Contributory negligence - Burden of proof - Lies on the defendant - And the contributory negligence - Must be the cause of the accident (H2) Ololo v. Nigerian Agip Oil (2001) 6 KLR (pt. 124) 2101; (2001) 13 NWLR (Pt. 729) 88

ACTIONS - Abuse of court process - Statement of claim that disclosed a reasonable cause of action - Is not an abuse of the process of the court (H5) Labode v. Otubu (2001) 3 KLR (pt. 117) 699; (2001) 7 NWLR (Pt. 712) 256

ACTIONS - Amendment - Effect - An order of amendment takes effect - Not from the date when the amendment is made or granted - But from the date of the commencement of the action (H4) Vulcan Gases Ltd. v. Gasellschaft Fur Industries (2001) 5 KLR (pt. 121) 1437; (2001) 9 NWLR (Pt. 719) 610

ACTIONS - Capacity of action - "Where an action is brought against the defendant personally and prosecuted to judgment" - Meaning of this phrase - Requirement in trials before native courts (H5) Okukuje v. Akwido (2001) 1 KLR (pt. 113) 1; (2001) 3 NWLR (Pt. 700) 261

ACTIONS - Capacity to sue - The plaintiff must show sufficient interest - Or threat of injury he would suffer - Which he had failed to do - In this case (H2) Yesufu v. Governor Edo State (2001) 6 KLR (pt. 124) 1997; (2001) 13 NWLR (Pt. 731) 517

ACTIONS - Cause of action - Claim - Once the claim discloses a cause of action - It is enough to grant jurisdiction - Despite appellants' contrary submission (H6) Seven UP Ltd. v. Abiola & Sons Ltd. (2001) 6 KLR (pt. 124) 2017; (2001) 13 NWLR (Pt. 730) 469

ACTIONS - Cause of action - Definition of the expression (H1) Ikine v. Edjerode (2001) 12 KLR (pt. 131) 3711; (2001) 18 NWLR (Pt. 745) 446

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

ACTIONS - Cause of action - Definition - How properly defined and explained (H3) P. N. Uddoh Trading Co. Ltd. v. Abere (2001) 5 KLR (pt. 122) 1713; (2001) 5 NWLR (Pt. 122) 1713

ACTIONS - Cause of action - Definition of - Reasonable cause of action - May be held by court to exist - Though the action is unlikely to succeed (H5) A-G Fed v. A-G Abia (2001) 7 KLR (pt. 127) 2599; (2001) 11 NWLR (Pt. 725) 689

ACTIONS - Cause of action - Detinue - Though not established in the statement of claim - Yet a reasonable cause of action was disclosed (H4) Labode v. Otubu (2001) 3 KLR (pt. 117) 699; (2001) 7 NWLR (Pt. 712) 256

ACTIONS - Cause of action - Existence of - To determine whether there is a cause of action or its nature - The court must restrict itself - To the statement of claim (H4) Seven UP Ltd. v. Abiola & Sons Ltd. (2001) 6 KLR (pt. 124) 2017; (2001) 13 NWLR (Pt. 730) 469

ACTIONS - Cause of action - In the present case - When it arose - With a view to determining the limitation period (H4) P. N. Uddoh Trading Co. Ltd. v. Abere (2001) 5 KLR (pt. 122) 1713; (2001) 5 NWLR (Pt. 122) 1713

ACTIONS - Cause of action - Traditional Rulers and Chiefs Edict of 1979 (Bendel State) - The cause of action - Did not accrue until appointments were made - In accordance with the Edict (H3) Ikine v. Edjerode (2001) 12 KLR (pt. 131) 3711; (2001) 18 NWLR (Pt. 745) 446

ACTIONS - Cause of Action - Date of arising - Relevant date when the cause of action accrued - Is misconceived by appellant (H1) Julius Berger Nig. Plc. v. Omogui (2001) 6 KLR (pt. 125) 2237; (2001) 15 NWLR (Pt. 736) 401

ACTIONS - Claims - Non existing legal right - Section 7(1) of Decree

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

No. 36 of 1996 - Where no property was vested in the plaintiff under the subsection - It has nothing to protect by way of injunction - Arising by operation of the subsection (H6) A-G Ondo State v. A-G Ekiti State (2001) 9/10 KLR (pt. 129) 3161; (2001) 17 NWLR (Pt. 743) 706

ACTIONS - Claims - Contract - The appellant's claim was hinged on contract arising out of a loan transaction - Since his main relief was a contractual relief (H7) Makwe v. Nwukor (2001) 7 KLR (pt. 126) 2573; (2001) 14 NWLR (Pt. 733) 356

ACTIONS - Claims - Departure from endorsed claim - Gives rise to new cause of action - For which the court's jurisdiction has not been invoked (H2) Adenuga v. Odumeru (2001) 1 KLR (pt. 114) 197; (2001) 2 NWLR (Pt. 696) 184

ACTIONS - Claims - Reliefs sought must be within the scope of the claim - As plaintiff is limited by his claim (H1) Adenuga v. Odumeru (2001) 1 KLR (pt. 114) 197; (2001) 2 NWLR (Pt. 696) 184

ACTIONS - Commencement - By an agent - Without the authority of the purported plaintiff - Such a plaintiff can ratify the act (H2) Vulcan Gases Ltd. v. Gasellschaft Fur Industries (2001) 5 KLR (pt. 121) 1437; (2001) 9 NWLR (Pt. 719) 610

ACTIONS - Customary court - Representative action - Meaning of a representative - It must be apparent on the record - That the suit is defended on behalf of one's family (H3) Okukuje v. Akwido (2001) 1 KLR (pt. 113) 1; (2001) 3 NWLR (Pt. 700) 261

ACTIONS - Determination - Claim - Court is not obliged to examine separately every averment - In the statement of claim - But can consider it as a whole - Or refer to relevant averments only (H5) Seven UP Ltd. v. Abiola & Sons Ltd. (2001) 6 KLR (pt. 124) 2017; (2001) 13 NWLR (Pt. 730) 469

ACTIONS - Dispute - Averments in pleading as to existence of a dis

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

pute - Are to be taken as true ex facie - Towards sustaining the action (H1) A-G Fed v. A-G Abia (2001) 7 KLR (pt. 127) 2599; (2001) 11 NWLR (Pt. 725) 689

ACTIONS - Fresh action - Declaration of title - Anchored on a previous judgment - Must be proved afresh - And the action will fail upon a successful defence of res judicata (H7) Ikeni v. Efamo (2001) 5 KLR (pt. 122) 1603; (2001) 10 NWLR (Pt. 720) 1

ACTIONS - Frivolity of - Issues raised by the statement of claim - Are not frivolous or vexatious - To warrant granting of the preliminary objections (H9) A-G Fed v. A-G Abia (2001) 7 KLR (pt. 127) 2599; (2001) 11 NWLR (Pt. 725) 689

ACTIONS - Fundamental Rights Procedure - Justiciability - Cannot be sustained - Where alleged breach of fundamental right is incidental to the main complaint (H3) Sea Trucks Ltd. v. Anigboro (2001) 1 KLR (pt. 114) 137; (2001) 2 NWLR (Pt. 696) 159

ACTIONS - Immunity from legal action - Conferred on Governors - By s. 308(1)(a) of the 1999 Constitution - Applies to discontinue pending suits against appellants (H2) Tinubu v. I.M.B. Securities Ltd. (2001) 9/10 KLR (pt. 129) 3087; (2001) 16 NWLR (Pt. 740) 670

ACTIONS - Issues - Principles applicable in a case - Are determined by the basic issues in the case (H2) Obasohan v. Omorodion (2001) 7 KLR (pt. 128) 3015; (2001) 13 NWLR (Pt. 729) 206

ACTIONS - Issues - Amounting to academic exercise - Will not be entertained by the court as in this case (H7) Global Trans. Oceanico S.A. v. Free Ent. Ltd. (2001) 2 KLR (pt. 115) 521; (2001) 5 NWLR (Pt. 706) 426

ACTIONS - Justiciability - Fundamental Rights Procedure Rules 1979 - Justiciability of a cause under the Rules - Is not exclusively the preserve of trial judge (H2) Sea Trucks Ltd. v. Anigboro (2001) 1 KLR (pt. 114) 137; (2001) 2 NWLR (Pt. 696) 159

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

ACTIONS - Legal practitioner - Authority of Counsel - At the trial of an action- Extends when it is not expressly limited - To the whole of the court action - But it does not fetter the discretion of the court (H9) Vulcan Gases Ltd. v. Gasellschaft Fur Industries (2001) 5 KLR (pt. 121) 1437; (2001) 9 NWLR (Pt. 719) 610

ACTIONS - Limitation of action - Statute bar - Where the action was filed - After the period limited by law had expired - The action is statute barred - As in the present case (H5) P. N. Uddoh Trading Co. Ltd. v. Abere (2001) 5 KLR (pt. 122) 1713; (2001) 5 NWLR (Pt. 122) 1713

ACTIONS - Locus - Bill of lading - Act of transfer of bill of lading to a clearing agent - Cannot divest the plaintiff of the right to sue - For loss of some of the goods (H4) Boothia Inc. v. Fareast Ltd. (2001) 4 KLR (pt. 119) 1107; (2001) 9 NWLR (Pt. 719) 527

ACTIONS - Locus standi - Respondent had a right to sue - For non delivery of the pallets of paper to it - As the pallets belonged to him at all material times (H9) Global Trans. Oceanico S.A. v. Free Ent. Ltd. (2001) 2 KLR (pt. 115) 521; (2001) 5 NWLR (Pt. 706) 426

ACTIONS - Locus standi - The plaintiff in this case - Has the standing to sue - As he has sufficient interest in the subject matter (H4) Ajayi v. Jolayemi (2001) 5 KLR (pt. 122) 1689; (2001) 10 NWLR (Pt. 722) 516

ACTIONS - Locus Standi - Federal government - Federation account - Existence of justiciable dispute with defendants - Grants it the locus to sue (H6) A-G Fed v. A-G Abia (2001) 7 KLR (pt. 127) 2599; (2001) 11 NWLR (Pt. 725) 689

ACTIONS - Negligence - An action in negligence - Can succeed only if actual damage is proved (H3) Makwe v. Nwukor (2001) 7 KLR (pt. 126) 2573; (2001) 14 NWLR (Pt. 733) 356

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

ACTIONS - Negligence - The appellant's action - Was not grounded in tort of negligence - With regard to his pleadings and evidence (H6) Makwe v. Nwukor (2001) 7 KLR (pt. 126) 2573; (2001) 14 NWLR (Pt. 733) 356

ACTIONS - Orders - Where an action is improperly constituted - The proper order to make is striking out - Not dismissal - And such order totally determines the case (H3) Gov. of Kogi State v. Yakubu (2001) 3 KLR (pt. 118) 903; (2001) 6 NWLR (Pt. 710) 521

ACTIONS - Parties - Business name - A person carrying on business in a name or style other than his own name - May be sued in such name or style - But cannot sue in his trade name (H3) Iyke Medical Merchandise v. Pfizer Inc. (2001) 5 KLR (pt. 121) 1377; (2001) 10 NWLR (Pt. 722) 540

ACTIONS - Parties - Master & Servant - Federal civil service commission - Not being a party in the present action - Cannot be forced to take responsibility of plaintiff as its employer - When it did not employ him (H5) Okomu Oil Ltd. v. Iserhienrhien (2001) 3 KLR (pt. 117) 797; (2001) 6 NWLR (Pt. 710) 660

ACTIONS - Parties - Partnership - A firm composed of two or more partners - May sue or be sued in the firm's name (H1) Iyke Medical Merchandise v. Pfizer Inc. (2001) 5 KLR (pt. 121) 1377; (2001) 10 NWLR (Pt. 722) 540

ACTIONS - Parties - Partnership - A plaintiff who sues such partners in their firm's name - Is taken to have sued than individually (H2) Iyke Medical Merchandise v. Pfizer Inc. (2001) 5 KLR (pt. 121) 1377; (2001) 10 NWLR (Pt. 722) 540

ACTIONS - Parties - Partnership and Business name - Ascertaining the name of the proprietor - For the purpose of suing them - Is not necessary (H4) Iyke Medical Merchandise v. Pfizer Inc. (2001) 5 KLR (pt. 121) 1377; (2001) 10 NWLR (Pt. 722) 540

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

ACTIONS - Parties - Persons who conceal their names - Can be sues in the name in which they carry on business (H6) Iyke Medical Merchandise v. Pfizer Inc. (2001) 5 KLR (pt. 121) 1377; (2001) 10 NWLR (Pt. 722) 540

ACTIONS - Parties - Unincorporated business enterprise - Can be sued eo nomine - And there is no need to first ascertain the nature of ownership of an unincorporated business enterprise - Before determining whether it can be sued eo nomine (H5) Iyke Medical Merchandise v. Pfizer Inc. (2001) 5 KLR (pt. 121) 1377; (2001) 10 NWLR (Pt. 722) 540

ACTIONS - Power of attorney - Commencement of action pursuant to such power - The donee must sue in the name of the donor (H3) Vulcan Gases Ltd. v. Gasellschaft Fur Industries (2001) 5 KLR (pt. 121) 1437; (2001) 9 NWLR (Pt. 719) 610

ACTIONS - Procedural irregularity - As to commencing action by originating summons - Being merely directive - Can be waived by the Supreme Court - In the interest of justice under O. 10 r. 1(1) (H8) A-G Fed v. A-G Abia (2001) 7 KLR (pt. 127) 2599; (2001) 11 NWLR (Pt. 725) 689

ACTIONS - Relief sought - Damages and injunction - The appellants failed to prove - Any act by the respondent - On which such reliefs can be based - Despite his being the owner of the property (H5) Onagoruwa v. Akinremi (2001) 6 KLR (pt. 124) 2055; (2001) 13 NWLR (Pt. 729) 38

ACTIONS - Representative action - Judgments therein - Are not personal to the individuals - But would survive their death (H7) Jack v. Whyte (2001) 3 KLR (pt. 118) 937; (2001) 6 NWLR (Pt. 709) 266

ACTIONS - Statute bar - Effect - A statute barred action - Cannot be maintained - Or properly instituted - And should be struck out from the trial court (H6) P. N. Uddoh Trading Co. Ltd. v. Abere (2001) 5 KLR (pt. 122) 1713; (2001) 5 NWLR (Pt. 122) 1713

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

ACTIONS - Statute bar - Plaintiff's action was filed within time - And is not statute barred (H2) Julius Berger Nig. Plc. v. Omogui (2001) 6 KLR (pt. 125) 2237; (2001) 15 NWLR (Pt. 736) 401

ACTIONS - Tort - Detinue - Meaning of - Detention of the Chattel is wrongful - If the defendant's possession is adverse to the plaintiff's right (H1) Labode v. Otubu (2001) 3 KLR (pt. 117) 699; (2001) 7 NWLR (Pt. 712) 256

ACTIONS - Torts - Alternative claim - In the tort of unlawful interference with business - Grounded wrongfully on breach of contract - The alternative claim must fail (H2) Sparklin Brew. Ltd. v. Union Bank (2001) 7 KLR (pt. 128) 2911; (2001) 15 NWLR (Pt. 737) 539

ACTIONS - Wrongful dismissal - Relief should be obtained by writ of summons in High Court - Not by application under Fundamental Rights (Enforcement Procedure) Rules (H5) Sea Trucks Ltd. v. Anigboro (2001) 1 KLR (pt. 114) 137; (2001) 2 NWLR (Pt. 696) 159

ADMINISTRATION OF ESTATE - Actions - Commencement - An action in an administration of estate - Must be commenced by writ (H5) Igunbor v. Afolabi (2001) 5 KLR (pt. 121) 152; (2001) 11 NWLR (Pt. 723) 148

ADMINISTRATION OF ESTATES - Coadministrator of an intestate - Application to be joined as a party in a suit - Can be brought by motion (H7) Igunbor v. Afolabi (2001) 5 KLR (pt. 121) 152; (2001) 11 NWLR (Pt. 723) 148

ADMINISTRATION OF ESTATES - Land Use Act - Succession - Right of Occupancy - Deemed holders - Where parties' fathers died before commencement of the Act - And the parties succeeded to the interest of their fathers - They become deemed holders of statutory right of occupancy (H6) Obasohan v. Omorodion (2001) 7 KLR (pt. 128) 3015; (2001) 13 NWLR (Pt. 729) 206

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

ADMINISTRATION OF ESTATES - Probate actions - And probate matters - Distinction between them (H6) Igunbor v. Afolabi (2001) 5 KLR (pt. 121) 152; (2001) 11 NWLR (Pt. 723) 148

ADMINISTRATION OF ESTATES - Probate - Interlocutory matter relating to probate - Is required to be initiated by way of motion (H8) Igunbor v. Afolabi (2001) 5 KLR (pt. 121) 152; (2001) 11 NWLR (Pt. 723) 148

ADMINISTRATION OF ESTATES - Proceedings - Governing law - Proceedings in respect of the administration of estates - Is governed by the High Court Law and Rules of procedure made thereunder (H4) Igunbor v. Afolabi (2001) 5 KLR (pt. 121) 152; (2001) 11 NWLR (Pt. 723) 148

ADMINISTRATIVE LAW - Abuse of office - Public Officers Protection Law s. 2(a) - Abuse of office and bad faith - Deprive a party the protection of that provision - And burden of proof is on plaintiff (H7) Offoboche v. Ogoja L.G. (2001) 7 KLR (pt. 128) 2843; (2001) 16 NWLR (Pt. 739) 458

ADMINISTRATIVE LAW - Abuse of office - What it means (H5) Offoboche v. Ogoja L.G. (2001) 7 KLR (pt. 128) 2843; (2001) 16 NWLR (Pt. 739) 458

ADMINISTRATIVE LAW - Company - Meetings of the company - Minutes thereof - Absence of minutes - Does not render the meeting void - It only attracts a penalty (H1) Nsirim v. Onuma Construction Co. Ltd. (2001) 3 KLR (pt. 118) 853; (2001) 7 NWLR (Pt. 713) 742

ADMINISTRATIVE LAW - Conduct of medical practitioner - Refusal of an adult patient to give informed consent - Leaves the practitioner helpless to impose medical treatment - Barring intervention from the courts - Options open to the practitioner in such cases (H13) Medical Tribunal v. Dr. Okonkwo (2001) 3 KLR (pt. 117) 739; (2001) 7 NWLR (Pt. 711) 206

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

ADMINISTRATIVE LAW - Disciplinary action - Commission of offence - Admission of guilt - Jurisdiction of the court - An administrative body which acts on the admission of guilt by the accused - Has not usurped the constitutional jurisdiction of the court (H 6) Dongtoe v. Civil Service Commission Plateau State (2001) 4 KLR (pt. 120) 1239; (2001) 9 NWLR (Pt. 717) 132

ADMINISTRATIVE LAW - Master & servant - Appointment - Power to appoint implies the power to remove - Evidence shows that plaintiff was appointed by the defendant - And not by Federal Civil Service Commission (H3) Okomu Oil Ltd. v. Iserhienrhien (2001) 3 KLR (pt. 117) 797; (2001) 6 NWLR (Pt. 710) 660

ADMINISTRATIVE LAW - Master & servant - Resignation of appointment - Need not be formally accepted by the employer - Before taking effect (H1) Yesufu v. Gov. Edo State (2001) 6 KLR (pt. 124) 1997; (2001) 13 NWLR (Pt. 731) 517

ADMINISTRATIVE LAW - Tribunal - Created under the Act - Procedure - For prosecution and trial of offences that fall within those triable in a tribunal - Must strictly be followed (H5) Miscellaneous Offences Tribunal v. Okoroafor (2001) 9/10 KLR (pt. 129) 3233; (2001) 18 NWLR (Pt. 745) 295

ADMINISTRATIVE LAW - Tribunals - A charge before a disciplinary committee - Should not be construed - To charge an offence not expressly mentioned (H4) Medical Tribunal v. Dr. Okonkwo (2001) 3 KLR (pt. 117) 739; (2001) 7 NWLR (Pt. 711) 206

AFFIDAVITS - Conflict resolution - Failure to file better affidavit to contradict defendant's counter affidavit - Means that defendant's story is unchallenged (H1) A-G Ondo State v. A-G Ekiti State (2001) 9/10 KLR (pt. 129) 3161; (2001) 17 NWLR (Pt. 743) 706

AFFIDAVITS - Conflicts in affidavit - The authority of Nwosu v. Imo State Environmental Sanitation Authority is not applicable - And is distinguished (H4) Chairman N.P.C. v. Chairman Ikere LG.A (2001)

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

7 KLR (pt. 128) 2805; (2001) 13 NWLR (Pt. 731) 540

AFFIDAVITS - Contradictions - In the circumstances of this case - The court below was wrong to choose one side of the story - Without giving opportunity to resolve the contradictions (H2) First Bank v. May Medical Clinics (2001) 4 KLR (pt. 119) 1023; (2001) 9 NWLR (Pt. 717) 28

AFFIDAVITS - Documents - Resolution of disputed facts by documents - The weight and value of the documents tendered by the appellant - Are dependent on oral evidence of witnesses - And it was wrong to elevate it to conclusive evidence of their contents (H3) Chairman N.P.C. v. Chairman Ikere LG.A (2001) 7 KLR (pt. 128) 2805; (2001) 13 NWLR (Pt. 731) 540

AFFIDAVITS - Extraneous paragraphs - In contravention of section 87 of the Evidence Act - Should be struck out (H3) Bamaiyi v. State (2001) 4 KLR (pt. 119) 1043; (2001) 8 NWLR (Pt. 715) 270

AFFIDAVITS - Opposing facts - Affidavit containing diametrically opposing material facts - Must be resolved by viva voce evidence - Not by picking and choosing which to believe (H1) First Bank v. May Medical Clinics (2001) 4 KLR (pt. 119) 1023; (2001) 9 NWLR (Pt. 717) 28

AFFIDAVITS - Resolving conflicts in affidavits - The principle laid down in Falobi v. Falobi - Applies to a variety proceedings - And is not restricted (H1) Chairman N.P.C. v. Chairman Ikere Local Govt. (2001) 7 KLR (pt. 128) 2805; (2001) 13 NWLR (Pt. 731) 540

AGENCY - Action - Commencement - By an agent - Without the authority of the purported plaintiff - Such a plaintiff can ratify the act (H2) Vulcan Gases Ltd. v. Gasellschaft Fur Industries (2001) 5 KLR (pt. 121) 1437; (2001) 9 NWLR (Pt. 719) 610

AGENCY - Action of agent without Authority - Will not bind the principal - Especially as the plaintiff was represented by a solicitor -

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

And knew of the limits of the agents authority (H7) Incar Nig. Plc v. Bolex Enterprises (2001) 5 KLR (pt. 123) 1823; (2001) 12 NWLR (Pt. 728) 646; (2001) 12 NWLR (Pt. 728) 646

AGENCY - Creation - How the relationship of principal and agent may arise (H1) Vulcan Gases Ltd. v. Gasellschaft Fur Industries (2001) 5 KLR (pt. 121) 1437; (2001) 9 NWLR (Pt. 719) 610

AGENCY - Documents - Interpretation - Of Exhibit A by the court - Gives no power to the firm - To sell the property to any party - Who furnished the purchase price (H5) Incar Nig. Plc v. Bolex Enterprises (2001) 5 KLR (pt. 123) 1823; (2001) 12 NWLR (Pt. 728) 646; (2001) 12 NWLR (Pt. 728) 646

AGENCY - Limit of Agency - Was clearly stipulated in Exhibit H - As only scouting for buyers - And communicating same to the company for its acceptance (H4) Incar Nig. Plc v. Bolex Enterprises (2001) 5 KLR (pt. 123) 1823; (2001) 12 NWLR (Pt. 728) 646; (2001) 12 NWLR (Pt. 728) 646

AGENCY - Power of attorney - Commencement of action pursuant to such power - The donee must sue in the name of the donor (H3) Vulcan Gases Ltd. v. Gasellschaft Fur Industries (2001) 5 KLR (pt. 121) 1437; (2001) 9 NWLR (Pt. 719) 610

AGENCY - Proof - Claim based on alleged agency relationship - Was not proved - Award of N12.1 million as special and general damages - Cannot stand (H3) Narindex Ltd. v. Inter-Continental Bank (2001) 4 KLR (pt. 120) 1321; (2001) 10 NWLR (Pt. 721) 321

AGENCY - Purpose of agency - Exhibit H constituted the firm an agent of the company - To look for buyers for its property - Not for the purpose of concluding a contract of sale - Of the property in dispute (H3) Incar Nig. Plc v. Bolex Enterprises (2001) 5 KLR (pt. 123) 1823; (2001) 12 NWLR (Pt. 728) 646; (2001) 12 NWLR (Pt. 728) 646

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

ALIBI - Consideration of - Any plausible defence raised by the defence - Or arising casually or by the tenor of evidence - Must be considered by the court (H4) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

ALIBI - Defence of - Failure to investigate or consider the defence - Will lead to quashing a conviction on appeal - If it has occasioned a miscarriage of justice (H5) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

ALIBI - Defence of - Was rightly rejected by court - Because of the credible witnesses that identified the appellants at the scene of crime - And the roles they played at the scene (H7) Awopejo v. State (2001) 12 KLR (pt. 131) 3579; (2001) 18 NWLR (Pt. 745) 430

ALIBI - Failure to investigate - Consequence - Where there is positive evidence which cancels the alibi - Failure to investigate the alibi - Would not be fatal to conviction (H1) Odu v. State (2001) 5 KLR (pt. 122) 1551; (2001) 10 NWLR (Pt. 722) 668

ALIBI - Onus - Of establishing the defence - Is on the accused - Even if the police has failed to investigate the observation (H2) Odu v. State (2001) 5 KLR (pt. 122) 1551; (2001) 10 NWLR (Pt. 722) 668

ALIBI - Proof - Alibi places an onus on prosecution - To prove beyond reasonable doubt - The presence of the accused at the scene of the offence (H4) Dogo v. State (2001) 1 KLR (pt. 114) 329; (2001) 3 NWLR (Pt. 699) 192

ALIBI - Vagueness of - Where the alibi consist of vague accounts - Devoid of material facts capable of investigation - It cannot avail an accused person (H8) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

APPEALS - Appellate court - Reevaluation of evidence - Was rightly declined - As they were not proved to be perverse (H3) Abidoye v. Alawode (2001) 3 KLR (pt. 118) 917; (2001) 6 NWLR (Pt. 709)

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

463

APPEALS - Briefs - Additional grounds of Appeal - Which are not incorporated in an Amended Notice of Appeal - Cannot be argued in the brief - Or the brief will become incompetent (H2) Korede v. Adedokun (2001) 7 KLR (pt. 128) 2829; (2001) 15 NWLR (Pt. 736) 483

APPEALS - Briefs - Argument in a brief - On issues not backed by the grounds of appeal - Will be discountenanced and struck out (H2) Adah v. Adah (2001) 2 KLR (pt. 115) 491; (2001) 5 NWLR (Pt. 705) 1

APPEALS - Briefs - Court of Appeal - Where the Rules do not provide for the filing of briefs in a matter - It is not enough to dismiss an appeal because a brief of argument was filed (H9) Miscellaneous Offences Tribunal v. Okoroafor (2001) 9/10 KLR (pt. 129) 3233; (2001) 18 NWLR (Pt. 745) 295

APPEALS - Competence - Leave to appeal - Grounds of appeal - Where some of the grounds are of pure law - The appeal is competent without leave of court (H2) P. N. Uddoh Trading Co. Ltd. v. Abere (2001) 5 KLR (pt. 122) 1713; (2001) 5 NWLR (Pt. 122) 1713

APPEALS - Competence - Supreme Court is only competent - To entertain appeals - From the Court of Appeal not from the trial court (H3) Olatunde v. Abidogun (2001) 12 KLR (pt. 131) 3653; (2001) 18 NWLR (Pt. 746) 712

APPEALS - Concurrent finding of facts - The court cannot interfere - Where the plaintiff has not adduced enough reasons (H1) Ibhafidon v. Igbinosun (2001) 4 KLR (pt. 120) 1167; (2001) 8 NWLR (Pt. 716) 653

APPEALS - Concurrent findings - Appellant who desires court to upset them - Must show that the findings violate some principles of law or procedure (H1) Olatunde v. Abidogun (2001) 12 KLR (pt. 131) 3653;

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(2001) 18 NWLR (Pt. 746) 712

APPEALS - Concurrent findings of fact - As they are supported by adequately evaluated evidence - They are not perverse - And will not be interfered with by the Supreme Court (H5) Aseimo v. Abraham (2001) 6 KLR (pt. 124) 2125; (2001) 16 NWLR (Pt. 738) 20

APPEALS - Concurrent findings of fact - Have not been faulted in any way - So the plaintiff's claim must fail (H4) Abimbola v. Abatan (2001) 4 KLR (pt. 120) 1149; (2001) 9 NWLR (Pt. 717) 66

APPEALS - Concurrent findings of fact - The court will not lightly interfere with such findings - Unless they are perverse and unreasonable (H6) Afegbai v. A-G Edo State (2001) 7 KLR (pt. 127) 2709; (2001) 14 NWLR (Pt. 733) 425

APPEALS - Concurrent findings of fact - The court will not disturb concurrent findings of facts of the lower courts - Except in exceptional circumstances (H6) Ojengbede v. Esan (2001) 12 KLR (pt. 131) 3531; (2001) 18 NWLR (Pt. 746) 771

APPEALS - Concurrent findings of fact - Was rightly affirmed - In absence of any special circumstances (H4) Abidoye v. Alawode (2001) 3 KLR (pt. 118) 917; (2001) 6 NWLR (Pt. 709) 463

APPEALS - Concurrent findings of fact - Will be disturbed - If perverse or leading to miscarriage of justice (H5) Dogo v. State (2001) 1 KLR (pt. 114) 329; (2001) 3 NWLR (Pt. 699) 192

APPEALS - Concurrent findings of fact - Will not be disturbed unless they are shown to be perverse or substantially wrong - And will occasion a miscarriage of justice (H8) Odonigi v. Oyeleke (2001) 2 KLR (pt. 116) 625; (2001) 6 NWLR (Pt. 708) 12

APPEALS - Concurrent findings of fact - Will not be interfered with by Supreme Court - In the absence of sufficient reasons (H4) Ojo v. Azama (2001) 1 KLR (pt. 113) 81; (2001) 4 NWLR (Pt. 702) 57

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

APPEALS - Concurrent findings of fact - Will not be interfered with by the court - Except they are shown to be perverse (H4) Aseimo v. Abraham (2001) 6 KLR (pt. 124) 2125; (2001) 16 NWLR (Pt. 738) 20

APPEALS - Concurrent findings of facts - Attitude of Supreme Court to such findings - Is not to interfere - Save where perverse (H9) Dongtoe v. Civil Service Commission Plateau State (2001) 4 KLR (pt. 120) 1239; (2001) 9 NWLR (Pt. 717) 132

APPEALS - Concurrent findings of facts - Circumstances when the Supreme Court will interfere with such findings (H2) Biariko v. Edeh-Ogwuile (2001) 4 KLR (pt. 120) 1213; (2001) 12 NWLR (Pt. 726) 235

APPEALS - Concurrent findings of facts - If supported by sufficient evidence - Should not be disturbed - By appellate court (H2) Adeye v. Adesanya (2001) 2 KLR (pt. 116) 595; (2001) 6 NWLR (Pt. 708) 1

APPEALS - Concurrent findings of lower courts - Are perverse and are set aside - And the order of specific performance set aside (H8) Incar Nig. Plc v. Bolex Enterprises (2001) 5 KLR (pt. 123) 1823; (2001) 12 NWLR (Pt. 728) 646; (2001) 12 NWLR (Pt. 728) 646

APPEALS - Concurrent findings - The appellant has not advanced cogent reasons - To overturn the findings of the court below (H2) Olatunde v. Abidogun (2001) 12 KLR (pt. 131) 3653; (2001) 18 NWLR (Pt. 746) 712

APPEALS - Concurrent findings - Title - The court below rightly granted the declaration of title - And the reasons for the findings are unassailable - And should not be disturbed (H10) Temile v. Awani (2001) 6 KLR (pt. 125) 2159; (2001) 12 NWLR (Pt. 728) 726

APPEALS - Concurrent findings - Will not be disturbed - Except the

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

adversary party - Shows that the circumstances of his case falls into the exceptions to the law (H11) Oduneye v. State (2001) 1 KLR (pt. 114) 355; (2001) 2 NWLR (Pt. 697) 311

APPEALS - Confessions - Failure of trial court - The Court of Appeal rightly relied on the confessions - Though the trial court did not do so - Due to a misapplication of the law (H8) Akpan v. State (2001) 7 KLR (pt. 127) 2767; (2001) 15 NWLR (Pt. 737) 745

APPEALS - Constitutional Law - Question referred - That amounted to putting the cart before the horse - The Court of Appeal is right - To refuse to answer the question (H5) Bamaiyi v. A-G Fed. (2001) 7 KLR (pt. 128) 2939; (2001) 12 NWLR (Pt. 727) 468

APPEALS - Contradictions in lower courts judgment - There was no contradiction as alleged - And so the defence of contributory negligence was validly made out (H4) Ololo v. Nig. Agip Oil (2001) 6 KLR (pt. 124) 2101; (2001) 13 NWLR (Pt. 729) 88

APPEALS - Conviction - Expunged evidence - As the conviction is supported by overwhelming evidence - Despite the expunged evidence - The conviction is confirmed (H16) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

APPEALS - Conviction - Propriety of - Conviction of appellant for a different offence - Was rightly confirmed by the court of Appeal - In the present case (H4) Oduneye v. State (2001) 1 KLR (pt. 114) 355; (2001) 2 NWLR (Pt. 697) 311

APPEALS - Criminal defences - Concurrent findings - That defence of accident failed - Will not be disturbed - As there was no miscarriage of justice (H2) Amayo v. State (2001) 12 KLR (pt. 130) 3551; (2001) 18 NWLR (Pt. 745) 251

APPEALS - Cross appeal - Where respondents have not filed a cross appeal against correspondents - They cannot support appellants' motion - As they lack standing in respect of reliefs sought (H6) Adenuga

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

v. Odumeru (2001) 1 KLR (pt. 114) 197; (2001) 2 NWLR (Pt. 696) 184

APPEALS - Damages - Appeal court may upset the award of damages - By trial court if a wrong principle of law was applied (H6) A.C.B. Ltd. v. Apugo (2001) 2 KLR (pt. 116) 653; (2001) 5 NWLR (Pt. 707) 483

APPEALS - Damages - General principle - Approach of the appellate court to award of damages by the trial court - When the appellate court should exercise the power of review (H13) Offoboche v. Ogoja L.G. (2001) 7 KLR (pt. 128) 2843; (2001) 16 NWLR (Pt. 739) 458

APPEALS - Damages - Special damages - Awarded by the trial judge - Was validly set aside - As it was not strictly proved by the plaintiff (H5) Ololo v. Nig. Agip Oil (2001) 6 KLR (pt. 124) 2101; (2001) 13 NWLR (Pt. 729) 88

APPEALS - Decisions - Duty of trial judge - Is to reach a decision - Only upon the basis of what is in issue - And what has been demonstrated by evidence supported by law - Failure in this duty - Will make the appellate court to intervene (H4) Adeleke v. Iyanda (2001) 6 KLR (pt. 124) 1973; (2001) 13 NWLR (Pt. 729) 1

APPEALS - Discretion - Leave to argue new points of law - Supreme Court will not interfere with the lower court's exercise of discretion - Except where it is not bona fide (H6) Eze v. Attorney-General Rivers State (2001) 12 KLR (pt. 131) 3611; (2001) 18 NWLR (Pt. 746) 524

APPEALS - Dismissal - Death of appellant - An appeal shall not be dismissed - For the mere reason that the appellant is dead (H3) Osagunna v. Gov. Ekiti State (2001) 4 KLR (pt. 119) 1081

APPEALS - Dismissal - Equity - As delay defeats equity - Court should have dismissed the appeal of the plaintiff (H3) Igbinokpogie v. Ogedegbe (2001) 12 KLR (pt. 131) 3595; (2001) 18 NWLR (Pt.

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

745) 412

APPEALS - Dismissal - Exercise of Discretion - The considerations on which the Court of Appeal exercised its discretion - Were not judicious or judicial or proper (H1) Ogundoyin v. Adeyemi (2001) 7 KLR (pt. 127) 2687; (2001) 13 NWLR (Pt. 730) 403

APPEALS - Dismissal of claim - Was rightly done - As plaintiff failed in his duty - To reconcile conflicting facts in his exhibits - Which went to the root of the matter (H2) Ibhafidon v. Igbinosun (2001) 4 KLR (pt. 120) 1167; (2001) 8 NWLR (Pt. 716) 653

APPEALS - Duty of appellate court - Is to take a dispassionate look - At the real issue - So as to arrive at the justice of the matter - As it rightly did in this case (H1) Obulor v. Oboro (2001) 4 KLR (pt. 119) 1071; (2001) 8 NWLR (Pt. 714) 25

APPEALS - Elections - Purported election appeal - Which in substance does not fall under s. 81 (3) of the Decree - Will not be deemed finalized - By the Court of Appeal (H4) Onuaguluchi v. Ndu (2001) 3 KLR (pt. 117) 831; (2001) 7 NWLR (Pt. 712) 309

APPEALS - Error - Court of Appeal was in error - As to have failed to consider and pronounce upon the issues formulated by the appellant (H4) Bamaiyi v. State (2001) 4 KLR (pt. 119) 1043; (2001) 8 NWLR (Pt. 715) 270

APPEALS - Error - Evaluation of evidence - The trial Judge corrected the error - In the first part of his judgment - By further evaluating all the evidence - Before dismissing the claim finally - And so occasioned no miscarriage of justice (H2) Jekpe v. Alokwe (2001) 4 KLR (pt. 119) 985; (2001) 8 NWLR (Pt. 715) 252

APPEALS - Error in judgment - Not every error in a judgment - Will result in the appeal being allowed (H10) Ojengbede v. Esan (2001) 12 KLR (pt. 131) 3531; (2001) 18 NWLR (Pt. 746) 771

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

APPEALS - Error of lower court - Dismissal of counterclaims - In the circumstances of the case - Based on the evidence and applicable law - The Court of Appeal was wrong in dismissing the appellants counterclaim (H13) Kyari v. Alkali (2001) 5 KLR (pt. 123) 1753; (2001) 11 NWLR (Pt. 724) 412

APPEALS - Error of lower court - The court of appeal was in error - In reversing the finding of the trial court - As to location of land (H16) Achiakpa v. Nduka (2001) 7 KLR (pt. 126) 2487; (2001) 14 NWLR (Pt. 734) 623

APPEALS - Error of lower court - The court of Appeal was in error - To refuse to grant the application - For stay of proceedings (H4) United Spinners Ltd. v. Chartered Bank Ltd. (2001) 7 KLR (pt. 127) 2745; (2001) 14 NWLR (Pt. 732) 195

APPEALS - Error of lower court - The lower court was in error - For holding that the case - Was fought in a personal capacity - Because the representation - Was not indicated in the counter claim - Despite the averments in the pleadings - And evidence led at the trial (H16) Kyari v. Alkali (2001) 5 KLR (pt. 123) 1753; (2001) 11 NWLR (Pt. 724) 412

APPEALS - Error of lower courts - Failure to appreciate the issue - Led to distortion of plaintiff's case - Even after he had made out a better case than the defendant (H3) Adeleke v. Iyanda (2001) 6 KLR (pt. 124) 1973; (2001) 13 NWLR (Pt. 729) 1

APPEALS - Error of trial court - The court misdirected itself - By putting into issue - A fact that was not contested by the parties - In their pleadings (H2) Adeleke v. Iyanda (2001) 6 KLR (pt. 124) 1973; (2001) 13 NWLR (Pt. 729) 1

APPEALS - Error of trial judge - Where the trial judge dismissed plaintiff's entire claim - Without evaluating evidence - He was in error - And retrial would have been ordered - If he had closed his judgment at that stage (H1) Jekpe v. Alokwe (2001) 4 KLR (pt. 119) 985;

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(2001) 8 NWLR (Pt. 715) 252

APPEALS - Error - Retrial - Procedure adopted by the trial court - Was merely a technical error - Which was not inconsistent with the rights of the parties - And does not warrant an order for retrial (H5) Jekpe v. Alokwe (2001) 4 KLR (pt. 120) 985; (2001) 8 NWLR (Pt. 715) 252; (2001) 8 NWLR (Pt. 715) 252

APPEALS - Evaluation of evidence - As the evidence was not properly evaluated by the courts below - They are perverse and will be set aside (H4) Union Bank Plc. v. Emole (2001) 12 KLR (pt. 131) 3559; (2001) 18 NWLR (Pt. 745) 501

APPEALS - Evaluation of evidence - Where not properly done before upholding trial courts finding - Supreme Court will set aside the judgment (H7) Basil v. Fajebe (2001) 4 KLR (pt. 120) 1273; (2001) 11 NWLR (Pt. 725) 592

APPEALS - Evaluation of evidence - Where the trial court had properly evaluated the evidence - The Court of Appeal cannot substitute its own views for that of the trial court (H4) Olatunde v. Abidogun (2001) 12 KLR (pt. 131) 3653; (2001) 18 NWLR (Pt. 746) 712

APPEALS - Evidence - Admissibility - Wrongful admission of evidence - The appellate court has the power to expunge it (H1) Ojengbede v. Esan (2001) 12 KLR (pt. 131) 3531; (2001) 18 NWLR (Pt. 746) 771

APPEALS - Evidence - Affidavits evidence - Contradictions - In the circumstances of this case - The court below was wrong to choose one side of the story - Without giving opportunity to resolve the contradictions (H2) First Bank v. May Medical Clinics (2001) 4 KLR (pt. 120) 1023; (2001) 9 NWLR (Pt. 717) 28; (2001) 9 NWLR (Pt. 717) 28

APPEALS - Evidence - Document - That was discountenanced by the trial judge - In respect of which there was no appeal - It cannot be

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

directly or surreptitiously looked at by the appellate court (H4) Bank of the North v. Yau (2001) 5 KLR (pt. 122) 1561; (2001) 10 NWLR (Pt. 721) 408

APPEALS - Evidence - Documents - Copy of a bank's statement of account - Appellant is estopped from contesting its admissibility - Having failed to object when it was admitted - Without fulfilling the conditions for its admissibility (H7) IBWA v. Imano Ltd. (2001) 3 KLR (pt. 118) 873

APPEALS - Evidence - In the circumstances of this case - There is sufficient unchallenged evidence at trial court - To support the judgment of the Court of Appeal (H10) IBWA v. Imano Ltd. (2001) 3 KLR (pt. 118) 873

APPEALS - Evidence - Revaluation - In the absence of a challenge by the adverse party - As to the credibility of the evidence - The court of Appeal and the supreme court cannot castigate its credibility (H2) Oduneye v. State (2001) 1 KLR (pt. 114) 355; (2001) 2 NWLR (Pt. 697) 311

APPEALS - Evidence - Wrongful admission or expulsion of evidence - Is not an interlocutory decision - And need not be brought under the provision of s. 25 (2)(a) Court of Appeal Act 1976 (H2) Oduneye v. State (2001) 1 KLR (pt. 114) 355; (2001) 2 NWLR (Pt. 697) 311

APPEALS - Exhibits - New issue - On correct interpretation of law to be placed on an exhibit - Ought to be looked into - As Court of Appeal is enjoined - To make a finding on an exhibit omitted by trial court (H3) Eze v. Attorney-General, Rivers State (2001) 12 KLR (pt. 131) 3611; (2001) 18 NWLR (Pt. 746) 524

APPEALS - Failure of lower court - As the lower court failed to correct error of trial judge - Supreme Court is bound to do so - And set aside the judgments (H9) Adeleke v. Iyanda (2001) 6 KLR (pt. 124) 1973; (2001) 13 NWLR (Pt. 729) 1

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

APPEALS - Fair hearing - Issues - Failure to consider all issues posed - Did not amount to denial of fair hearing - As the live issue was considered - And no miscarriage of justice was occasioned (H2) Seven UP Ltd. v. Abiola & Sons Ltd. (2001) 6 KLR (pt. 124) 2017; (2001) 13 NWLR (Pt. 730) 469

APPEALS - Fair hearing s. 33 of the Constitution - Bias alleged against trial judge - Appellate court will not go outside the printed records of court - To conclude that the trial is unfair (H4) Ojengbede v. Esan (2001) 12 KLR (pt. 131) 3531; (2001) 18 NWLR (Pt. 746) 771

APPEALS - Fair hearing - The appeal was rightly allowed - As the procedure for fair hearing - Was not strictly complied with (H1) Psychiatric Hospitals Board v. Edosa (2001) 2 KLR (pt. 116) 3531; (2001) 5 NWLR (Pt. 707) 612

APPEALS - Finality - Election petitions - Finality of Court of Appeal's decision - As provided in s. 81 (1) and (3) of Decree No.5 of 1999 - Makes the present appeal incompetent (H2) Onuaguluchi v. Ndu (2001) 3 KLR (pt. 117) 831; (2001) 7 NWLR (Pt. 712) 309

APPEALS - Finding not appealed against - The court of Appeal was in error - To reverse a finding not appealed against (H18) Achiakpa v. Nduka (2001) 7 KLR (pt. 126) 2487; (2001) 14 NWLR (Pt. 734) 623

APPEALS - Finding of fact - Was a proper exercise judicial discretion - By the trial court - Which used the right approach in making the findings (H5) Abidoye v. Alawode (2001) 3 KLR (pt. 118) 917; (2001) 6 NWLR (Pt. 709) 463

APPEALS - Findings of lower courts - Are amply supported - By abundant evidence on record - From all the witnesses (H4) Abimbola v. Abatan (2001) 4 KLR (pt. 120) 1149; (2001) 9 NWLR (Pt. 717) 66

APPEALS - Findings of trial court - Supreme Court will not interfere

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

with such findings - Except there is a miscarriage of justice - Or violation of law or procedure (H10) Achiakpa v. Nduka (2001) 7 KLR (pt. 126) 2487; (2001) 14 NWLR (Pt. 734) 623

APPEALS - Findings of trial judge - Were wrongly disturbed - By the court below - As they were supported by the evidence (H5) Nwadiogbu v. Nnadozie (2001) 6 KLR (pt. 124) 2081; (2001) 12 NWLR (Pt. 727) 315

APPEALS - Fresh point - Will not ordinarily be entertained - If lower court had not expressed its view - Or is better placed to deal with it (H3) Global Trans. Oceanico S.A. v. Free Ent. Ltd. (2001) 2 KLR (pt. 115) 521; (2001) 5 NWLR (Pt. 706) 426

APPEALS - Ground of appeal - Competence - Since the ground complained against is clear - It is therefore competent and should not have been struck out (H3) Hambe v. Hueze (2001) 2 KLR (pt. 115) 437; (2001) 4 NWLR (Pt. 703) 372

APPEALS - Ground of appeal - Form - Where no one is misled by the contents - Complaint about its form becomes a mere technicality - Which does not occasion a miscarriage of justice (H4) MILAD Benue State v. Ulegede (2001) 9/10 KLR (pt. 129) 3135; (2001) 17 NWLR (Pt. 741) 194

APPEALS - Ground of appeal - Ground of law - How to determine a ground of law (H1) Orakosim v. Menkiti (2001) 5 KLR (pt. 121) 1397; (2001) 9 NWLR (Pt. 719) 529

APPEALS - Ground of appeal - Issues - Where the complaint is not that the issues do not flow from the grounds of appeal - Any complaint about the grounds of appeal is inconsequential (H5) MILAD Benue State v. Ulegede (2001) 9/10 KLR (pt. 129) 3135; (2001) 17 NWLR (Pt. 741) 194

APPEALS - Ground of appeal - Nature of - In determining the nature of a ground of appeal - The ground and its particulars must be

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

read together (H2) Orakosim v. Menkiti (2001) 5 KLR (pt. 121) 1397; (2001) 9 NWLR (Pt. 719) 529

APPEALS - Ground of appeal - Nature of - How to determine whether a ground - Is one of law or of fact (H1) Medical Tribunal v. Dr. Okonkwo (2001) 3 KLR (pt. 117) 739; (2001) 7 NWLR (Pt. 711) 206

APPEALS - Ground of appeal - Omnibus ground - Where there was no evidence to support the trial court's finding of liability - The finding can be challenged on the omnibus ground - Though not very ideal (H3) Sparklin Brew. Ltd. v. Union Bank (2001) 7 KLR (pt. 128) 2911; (2001) 15 NWLR (Pt. 737) 539

APPEALS - Ground of appeal - Which has been struck out - Cannot be used as basis for a decision or judgment (H6) Global Trans. Oceanico S.A. v. Free Ent. Ltd. (2001) 2 KLR (pt. 115) 521; (2001) 5 NWLR (Pt. 706) 426

APPEALS - Grounds of appeal - Alleging error in law and misdirection in fact - Is not ipso facto incompetent - If it otherwise complies with the rules of court (H2) Hambe v. Hueze (2001) 2 KLR (pt. 115) 437; (2001) 4 NWLR (Pt. 703) 372

APPEALS - Grounds of appeal - Alleging error or misdirection - But fails to provide particulars of such error or misdirection - Is incompetent and liable to be struck out (H1) Global Trans. Oceanico S.A. v. Free Ent. Ltd. (2001) 2 KLR (pt. 115) 521; (2001) 5 NWLR (Pt. 706) 426

APPEALS - Grounds of appeal - Competence of - Where they are incompetent - Effect on the additional ground - The additional ground will have no appeal to be anchored on (H3) Orakosim v. Menkiti (2001) 5 KLR (pt. 121) 1397; (2001) 9 NWLR (Pt. 719) 529

APPEALS - Grounds of appeal - If framed to contain particulars of error or misdirection complained of - Without setting them out in different headings - Is competent and is rightly entertained (H5) Glo

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

bal Trans. Oceanico S.A. v. Free Ent. Ltd. (2001) 2 KLR (pt. 115) 521; (2001) 5 NWLR (Pt. 706) 426

APPEALS - Grounds of appeal - If supported by sufficient facts - Enough to eliminate ambiguity - Should not be struck out due to technicalities (H1) Odonigi v. Oyeleke (2001) 2 KLR (pt. 116) 625; (2001) 6 NWLR (Pt. 708) 12

APPEALS - Grounds of appeal - In determining whether it alleges an error of law or fact - It is always relevant and crucial - To construe the ground together with its particulars (H1) P. N. Uddoh Trading Co. Ltd. v. Abere (2001) 5 KLR (pt. 122) 1713; (2001) 5 NWLR (Pt. 122) 1713

APPEALS - Grounds of appeal - Mixed law and fact - As no leave of court was obtained to appeal - The ground is incompetent - And should be struck out (H2) Abidoye v. Alawode (2001) 3 KLR (pt. 118) 917; (2001) 6 NWLR (Pt. 709) 463

APPEALS - Grounds of appeal - Mixed law and fact - Test for its determination (H1) Abidoye v. Alawode (2001) 3 KLR (pt. 118) 917; (2001) 6 NWLR (Pt. 709) 463

APPEALS - Grounds of appeal - Reason not forming part of the decision in a judgment - Cannot be relied on to challenge its validity (H8) Dongtoe v. Civil Service Commission Plateau State (2001) 4 KLR (pt. 120) 1239; (2001) 9 NWLR (Pt. 717) 132

APPEALS - Grounds of appeal - Procedure to be followed - In resolving an objection - On the issue of raising a question of mixed law and fact - Without the requisite leave (H2) Medical Tribunal v. Dr. Okonkwo (2001) 3 KLR (pt. 117) 739; (2001) 7 NWLR (Pt. 711) 206

APPEALS - Inconsistent findings - The trial court cannot blow hot and cold - In finding one thing and holding another (H7) Kayode v. Odutola (2001) 5 KLR (pt. 123) 1861; (2001) 11 NWLR (Pt. 725)

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

659

APPEALS - Interference - Bail - It would have been wrong for the Court of Appeal to interfere with the discretion of the learned trial judge in refusing bail - To the appellant (H6) Bamaiyi v. State (2001) 4 KLR (pt. 119) 1043; (2001) 8 NWLR (Pt. 715) 270

APPEALS - Interference - Findings of trial court - Ought not to have been interfered with by the Court of Appeal - In the absence of cogent reasons (H7) Kyari v. Alkali (2001) 5 KLR (pt. 123) 1753; (2001) 11 NWLR (Pt. 724) 412

APPEALS - Interlocutory appeals - An appellate court - Should not express its entire mind - On the merits of a matter - In which it is not going to make a final decision (H3) Seven UP Ltd. v. Abiola & Sons Ltd. (2001) 6 KLR (pt. 124) 2017; (2001) 13 NWLR (Pt. 730) 469

APPEALS - Interlocutory applications - Extension of time to appeal and leave to appeal - Conditions precedent to granting the order - The applicant has given good and substantial reasons for the delay - Thus fulfilling one of the conditions (H2) CBN v. Ahmed (2001) 5 KLR (pt. 123) 1897; (2001) 11 NWLR (Pt. 724) 369

APPEALS - Interlocutory applications - Leave to appeal - The courts duty in considering the grounds of appeal - Proposed in support of the appeal - Is limited to whether the grounds are substantial and reveal arguable grounds - And not the merit of such grounds (H3) CBN v. Ahmed (2001) 5 KLR (pt. 123) 1897; (2001) 11 NWLR (Pt. 724) 369

APPEALS - Interlocutory applications - Stay of proceedings - Appellate courts should not deal with the merits of the substantive suit - In the interlocutory application (H3) United Spinners Ltd. v. Chartered Bank Ltd. (2001) 7 KLR (pt. 127) 2745; (2001) 14 NWLR (Pt. 732) 195

APPEALS - Interlocutory injunction - Balance of convenience in the

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

present case - Lies with the applicant - And it is therefore entitled to the order of injunction sought (H4) CBN v. Ahmed (2001) 5 KLR (pt. 123) 1897; (2001) 11 NWLR (Pt. 724) 369

APPEALS - Irregular procedure - If consented to by the defendant at trial - Cannot be complained against on appeal - By the said defendant (H4) IBWA v. Imano Ltd. (2001) 3 KLR (pt. 118) 873

APPEALS - Issue for determination - An issue that was not raised in the grounds of appeal - Is incompetent (H13) Achiakpa v. Nduka (2001) 7 KLR (pt. 126) 2487; (2001) 14 NWLR (Pt. 734) 623

APPEALS - Issue - Not raised in a matter - Governor's right to sue for private wrong - Not arising for decision in this case - Will not be pronounced upon (H3) Tinubu v. I.M.B. Securities Ltd. (2001) 9/10 KLR (pt. 129) 3087; (2001) 16 NWLR (Pt. 740) 670

APPEALS - Issue that is crucial - Identity of land - Once the crucial issue of identity has failed - Plaintiff cannot succeed in his case - Even if other issues are decided in his favour (H3) Ibhafidon v. Igbinosun (2001) 4 KLR (pt. 120) 1167; (2001) 8 NWLR (Pt. 716) 653

APPEALS - Issue - Where already discussed - The court will not consider it separately again (H8) Ogunsina v. Matanmi (2001) 4 KLR (pt. 119) 1007; (2001) 9 NWLR (Pt. 718) 286

APPEALS - Issue - Which does not relate to any of the grounds of appeal - Such issue is cannot be argued and is incompetent (H5) Odu v. State (2001) 5 KLR (pt. 122) 1551; (2001) 10 NWLR (Pt. 722) 668

APPEALS - Issue - Which was not raised at lower court - And for which no leave was sought - Before it was formulated - Is incompetent and is struck out (H7) Babatola v. Aladejana (2001) 6 KLR (pt. 124) 2141; (2001) 12 NWLR (Pt. 728) 597

APPEALS - Issues - Amounting to academic exercise - Will not be

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

entertained by the court as in this case (H7) Global Trans. Oceanico S.A. v. Free Ent. Ltd. (2001) 2 KLR (pt. 115) 521; (2001) 5 NWLR (Pt. 706) 426

APPEALS - Issues - Any issue not covered by the grounds of appeal - Is incompetent and will be struck out (H17) Achiakpa v. Nduka (2001) 7 KLR (pt. 126) 2487; (2001) 14 NWLR (Pt. 734) 623

APPEALS - Issues - Consideration of - Failure to consider vital issues set out for determination - Amounts to breach of right to fair hearing (H3) Oke v. Nwaogbuinya (2001) 1 KLR (pt. 114) 169

APPEALS - Issues - Court should pronounce on all material issues raised - The Court of Appeal defaulting on that would depend on the facts and circumstances of each case (H1) Bamaiyi v. State (2001) 4 KLR (pt. 119) 1043; (2001) 8 NWLR (Pt. 715) 270

APPEALS - Issues - Defences raised - Which are not contained in the issues for determination - Will not be considered (H3) Akpan v. State (2001) 7 KLR (pt. 127) 2767; (2001) 15 NWLR (Pt. 737) 745

APPEALS - Issues - Duty to consider - Appellate court need not consider all the issues posed - If consideration of one can dispose of the appeal (H1) Seven UP Ltd. v. Abiola & Sons Ltd. (2001) 6 KLR (pt. 124) 2017; (2001) 13 NWLR (Pt. 730) 469

APPEALS - Issues - Error of court - Issues not arising - The courts below fell into error - To have insisted on the proof of an issue - Which did not arise before the court (H2) Adeniran v. Alao (2001) 12 KLR (pt. 131) 3669; (2001) 18 NWLR (Pt. 745) 361

APPEALS - Issues - Error - Though the lower court misunderstood the issues - As tried by the tribunal - No miscarriage of justice was occasioned (H8) Medical Tribunal v. Dr. Okonkwo (2001) 3 KLR (pt. 117) 739; (2001) 7 NWLR (Pt. 711) 206

APPEALS - Issues - Essence of the formulation of issues - Is to distil

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

the points of law or fact in the grounds of appeal filed (H1) Igunbor v. Afolabi (2001) 5 KLR (pt. 121) 152; (2001) 11 NWLR (Pt. 723) 148

APPEALS - Issues - Failure to consider all material issues - May not occasion a miscarriage of justice (H2) Bamaiyi v. State (2001) 4 KLR (pt. 119) 1043; (2001) 8 NWLR (Pt. 715) 270

APPEALS - Issues for determination - Failure to consider an issue - Did not occasion a miscarriage of justice (H2) Bamaiyi v. State (2001) 4 KLR (pt. 119) 1043; (2001) 8 NWLR (Pt. 715) 270

APPEALS - Issues - Must be based on the grounds of appeal - Filed by the parties (H1) Adah v. Adah (2001) 2 KLR (pt. 115) 491; (2001) 5 NWLR (Pt. 705) 1

APPEALS - Issues - Must be based on the grounds of appeal filed - And in the absence of such grounds - The issues cannot be considered - By the court (H2) Akpan v. State (2001) 7 KLR (pt. 127) 2767; (2001) 15 NWLR (Pt. 737) 745

APPEALS - Issues - Resolution of - Failure of Court of Appeal to resolve relevant issues - Supreme Court will not deliberate upon them - But remit the appeal back to that Court (H4) Oke v. Nwaogbuinya (2001) 1 KLR (pt. 114) 169

APPEALS - Issues - Should be hinged on the grounds of appeal - Or they are incompetent and will be struck out (H7) Chime v. Chime (2001) 1 KLR (pt. 114) 269; (2001) 3 NWLR (Pt. 701) 527

APPEALS - Issues - Suo motu raising of issues - Did not arise in this case - Court of Appeal merely pronounced its own view - On the issue fully argued by the parties (H1) Tinubu v. I.M.B. Securities Ltd. (2001) 9/10 KLR (pt. 129) 3087; (2001) 16 NWLR (Pt. 740) 670

APPEALS - Issues - Terseness leading to obscurity of the issues for determination - Will not be encouraged (H3) Igunbor v. Afolabi (2001)

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

5 KLR (pt. 121) 152; (2001) 11 NWLR (Pt. 723) 148

APPEALS - Issues - The issue complained of - Was properly considered - And pronounced on - By the lower court (H1) Adeleke v. Iyanda (2001) 6 KLR (pt. 124) 1973; (2001) 13 NWLR (Pt. 729) 1

APPEALS - Issues - Unrelated to the ground of appeal filed - Are irrelevant (H2) Igunbor v. Afolabi (2001) 5 KLR (pt. 121) 152; (2001) 11 NWLR (Pt. 723) 148

APPEALS - Judgment - As the judgment is lost - Due to fault of a trial court - The court of appeal was wrong - In making it impossible for the appeal to be heard - And must hear the appeal on all lawful grounds of appeal (H3) First Bank v. May Medical Clinics (2001) 4 KLR (pt. 120) 1023; (2001) 9 NWLR (Pt. 717) 28

APPEALS - Judgment - Conclusion of a trial court - Which was not appealed against in the Court of Appeal - The Supreme Court cannot pronounce on it (H6) Biariko v. Edeh-Ogwuile (2001) 4 KLR (pt. 120) 1213; (2001) 12 NWLR (Pt. 726) 235

APPEALS - Judgment - Decision - Based on an erroneous premises - On a matter that goes to the root of the controversy - Cannot be allowed to stand (H2) Bank of the North v. Yau (2001) 5 KLR (pt. 122) 1561; (2001) 10 NWLR (Pt. 721) 408

APPEALS - Judgment - Errors - Only substantial errors - That occasion miscarriage of justice - Will warrant interference by appellate court (H6) Abimbola v. Abatan (2001) 4 KLR (pt. 120) 1149; (2001) 9 NWLR (Pt. 717) 66

APPEALS - Judgment - Finding not appealed against - Is deemed correct until the contrary is shown (H7) Biariko v. Edeh-Ogwuile (2001) 4 KLR (pt. 120) 1213; (2001) 12 NWLR (Pt. 726) 235

APPEALS - Judgment - Findings - Supported by evidence - The court of Appeal was right to have affirmed the findings (H5) Ekpe v. Oke

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(2001) 5 KLR (pt. 121) 1505; (2001) 10 NWLR (Pt. 721) 341

APPEALS - Judgment - Hearsay evidence - Conviction based on hearsay evidence - Appellate court may quash such conviction - In the absence of other evidence (H4) Ijioffor v. State (2001) 4 KLR (pt. 120) 1345; (2001) 9 NWLR (Pt. 718) 371

APPEALS - Judgment - Issue - Conclusive determination of - A decision is conclusive as to what it determines - When it can only be set aside on an appeal being brought for that purpose (H1) MILAD Benue State v. Ulegede (2001) 9/10 KLR (pt. 129) 3135; (2001) 17 NWLR (Pt. 741) 194

APPEALS - Judgment - Issue - Reopening - Issue that has been conclusively settled by a judgment - Cannot be reopened (H3) MILAD Benue State v. Ulegede (2001) 9/10 KLR (pt. 129) 3135; (2001) 17 NWLR (Pt. 741) 194

APPEALS - Judgment - Slip - Which has not occasioned a miscarriage of justice - Cannot result in the appeal being allowed (H1) Ekpe v. Oke (2001) 5 KLR (pt. 121) 1505; (2001) 10 NWLR (Pt. 721) 341

APPEALS - Judgments - Error - Appellate court - inherent power - To correct judgment - There is such power in the Supreme Court to correct its judgment or that of the lower court - In order to avert mischief (H1) Bank of the North v. Yau (2001) 5 KLR (pt. 122) 1561; (2001) 10 NWLR (Pt. 721) 408

APPEALS - Judgments - Review of Court's judgment - Cannot be done by that court - Towards varying the judgment - Only clerical mistake or accidental slip can be corrected - Order 5 r. 3 Court of Appeal Rules (H5) Onuaguluchi v. Ndu (2001) 3 KLR (pt. 117) 831; (2001) 7 NWLR (Pt. 712) 309

APPEALS - Jurisdiction - Issue of jurisdiction - When it can be raised - The issue of jurisdiction can be raised at any stage of any proceed

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

ings - Even in an appeal before the Supreme Court (H1) Isaiah v. Shell Petroleum Ltd. (2001) 5 KLR (pt. 122) 1631; (2001) 11 NWLR (Pt. 723) 168

APPEALS - Jurisdiction - Non compliance with order of Court - As regards payment of judgment debt - Does not divest court of jurisdiction to determine appeal (H1) Sea Trucks Ltd. v. Anigboro (2001) 1 KLR (pt. 114) 137; (2001) 2 NWLR (Pt. 696) 159

APPEALS - Jurisdiction - Once the appeal is determined - Based on a preliminary issue formulated by the court or the parties - Any other discourse on other issues or on merits of the appeal - Is without jurisdiction and incompetent (H1) Gov. of Kogi State v. Yakubu (2001) 3 KLR (pt. 118) 903; (2001) 6 NWLR (Pt. 710) 521

APPEALS - Jurisdiction - Tribunals - Medical Practitioners Disciplinary Tribunal - As the count complained of did not imply any criminal offence - The court below rightly denied jurisdiction (H5) Medical Tribunal v. Dr. Okonkwo (2001) 3 KLR (pt. 117) 739; (2001) 7 NWLR (Pt. 711) 206

APPEALS - Leave - Interlocutory order or ruling - Appeal thereon - Must be brought within time stipulated by s. 25 (2)(a) Court of Appeal Act - Or else leave of court should be obtained (H1) Oke v. Nwaogbuinya (2001) 1 KLR (pt. 114) 169

APPEALS - Leave - Issue - Fresh issue - When an issue not raised in the Court below - Is sought to be raised as a fresh point in the Supreme Court - Leave to do so must be sought and obtained (H3) Rockonoh Property Ltd. v. NITEL Plc. (2001) 7 KLR (pt. 128) 2871; (2001) 14 NWLR (Pt. 733) 468

APPEALS - Leave - Supreme Court - Fresh issues - If raised without the leave of the court - Will not be considered (H2) Global Trans. Oceanico S.A. v. Free Ent. Ltd. (2001) 2 KLR (pt. 115) 521; (2001) 5 NWLR (Pt. 706) 426

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

APPEALS - Leave - To raise a new issue - Where fresh evidence will be required - Leave will not be granted (H3) Ejuetami v. Olaiya (2001) 12 KLR (pt. 130) 3483; (2001) 18 NWLR (Pt. 746) 572

APPEALS - Notice - Defective notice of appeal - Without any competent or valid ground of appeal - Cannot be cured by filing amended grounds out of time - And the appeal should be struck out (H4) Global Trans. Oceanico S.A. v. Free Ent. Ltd. (2001) 2 KLR (pt. 115) 521; (2001) 5 NWLR (Pt. 706) 426

APPEALS - Notice of appeal - Incorporating grounds of appeal - Must have been filed at the High Court - In conformity with the Rules of Court - For an appellant to be heard (H1) Korede v. Adedokun (2001) 7 KLR (pt. 128) 2829; (2001) 15 NWLR (Pt. 736) 483

APPEALS - Obiter dictum - The issue decided on - By the lower court - Was obiter - As it was not raised by the parties - And does not affect the final decision of the court (H1) Jack v.

APPEALS - Order - Immunity - Governors' Immunity s. 308(1)(a) 1999 Constitution - Where court of Appeal rightly disallowed this appeal - Proper order is to strike it out - And not sine die adjournment (H5) Tinubu v. I.M.B. Securities Ltd. (2001) 9/10 KLR (pt. 129) 3087; (2001) 16 NWLR (Pt. 740) 670

APPEALS - Order - Whether interlocutory or final - How to determine its nature (H9) Igunbor v. Afolabi (2001) 5 KLR (pt. 121) 152; (2001) 11 NWLR (Pt. 723) 148

APPEALS - Pleadings - Amendment - Appellate court should not use its discretion - To give approval for an amendment - Prompted by the findings of trial court - In favour of one party (H5) Kode v. Yussuf (2001) 2 KLR (pt. 115) 457; (2001) 4 NWLR (Pt. 703) 392

APPEALS - Pleadings - Amendment - Which is designed to overreach - By making a ground of appeal useless - Constitutes an abuse of process of court - And ought to be dismissed (H4) Kode v. Yussuf

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(2001) 2 KLR (pt. 115) 457; (2001) 4 NWLR (Pt. 703) 392

APPEALS - Pleadings - Amendment sought on appeal - Is incompetent - As it will require defendant - To amend his statement of defence - And lead new evidence thereon - Giving the case a completely different complexion (H7) Kode v. Yussuf (2001) 2 KLR (pt. 115) 457; (2001) 4 NWLR (Pt. 703) 392

APPEALS - Pleadings - Joinder of issues - The lower courts - Were in error - To have held that issue of title - Did not arise for determination - When issues had been joined in the pleadings - On that point (H3) Nwadiogbu v. Nnadozie (2001) 6 KLR (pt. 124) 2081; (2001) 12 NWLR (Pt. 727) 315

APPEALS - Pleadings - Reliefs sought - Where they are claimed per writ of summons - And defendant fails to object to the irregularity before pleading to it - And there is no miscarriage of justice - The issue cannot be raised on appeal (H5) Ajayi v. Jolayemi (2001) 5 KLR (pt. 122) 1689; (2001) 10 NWLR (Pt. 722) 516

APPEALS - Preliminary objection - Abuse of court processes - Where a party exercises his constitutional right to appeal - Even if he had applied for extension of time - To comply with the same court order - His conduct does not amount to abuse of court process (H1) CBN v. Ahmed (2001) 5 KLR (pt. 123) 1897; (2001) 11 NWLR (Pt. 724) 369

APPEALS - Preliminary objection - Against grounds of appeal - Are misconceived - And cannot nullify the grounds - Complained of (H2) Incar Nig. Plc v. Bolex Enterprises (2001) 5 KLR (pt. 123) 1823; (2001) 12 NWLR (Pt. 728) 646; (2001) 12 NWLR (Pt. 728) 646

APPEALS - Preliminary objection - New issues - If raised without leave of the court - Is incompetent and will be struck out (H1) Incar Nig. Plc v. Bolex Enterprises (2001) 5 KLR (pt. 123) 1823; (2001) 12 NWLR (Pt. 728) 646; (2001) 12 NWLR (Pt. 728) 646

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

APPEALS - Preliminary objection - Raised against the grounds of appeal - Are untenable - As they do not offend the Rules of the Court (H3) Ajayi v. Jolayemi (2001) 5 KLR (pt. 122) 1689; (2001) 10 NWLR (Pt. 722) 516

APPEALS - Practice & procedure - Error - Evaluation of evidence - The trial judge corrected the error - In the first part of his judgment - By further evaluating all the evidence - Before dismissing the claim finally - And so occasioned no miscarriage of justice (H2) Jekpe v. Alokwe (2001) 4 KLR (pt. 120) 985; (2001) 8 NWLR (Pt. 715) 252

APPEALS - Practice & procedure - Error of trial - Where the trial judge dismissed plaintiff's entire claim - Without evaluating evidence - He was in error - And retrial would have been ordered - If he had closed his judgment at that stage (H1) Jekpe v. Alokwe (2001) 4 KLR (pt. 120) 985; (2001) 8 NWLR (Pt. 715) 252

APPEALS - Rape - Acquittal - The contradictions in this case - Are not sufficient by themselves - To entitle the appellant to an acquittal - As they are not material (H4) Iko v. State (2001) 7 KLR (pt. 126) 2419; (2001) 14 NWLR (Pt. 732) 221

APPEALS - Reevaluation of evidence and findings - Was validly done by the Court of Appeal - In exercise of its powers - Having observed the relevant criteria (H6) Nteogwuile v. Otuo (2001) 6 KLR (pt. 125) 2205; (2001) 16 NWLR (Pt. 738) 58

APPEALS - Reliefs sought before court of Appeal - Must not be granted - The court is free to grant any other appropriate reliefs (H1) Onuaguluchi v. Ndu (2001) 3 KLR (pt. 117) 831; (2001) 7 NWLR (Pt. 712) 309

APPEALS - Remark by court - A mere passing remark - Should not be appealable - But should be ignored (H1) Boothia Inc. v. Fareast Ltd. (2001) 4 KLR (pt. 119) 1107; (2001) 9 NWLR (Pt. 719) 572

APPEALS - Retrial - Civil case - Conditions under which an appellate

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

court may order a retrial in a civil case (H6) Eke v. Okwaranyia (2001) 4 KLR (pt. 120) 1181; (2001) 12 NWLR (Pt. 726) 181

APPEALS - Retrial - Error of trial court - Occasioned a miscarriage of justice - And the judgment was properly set aside - And retrial ordered (H2) Oyefolu v. Durosinmi (2001) 7 KLR (pt. 128) 2997; (2001) 16 NWLR (Pt. 738) 1

APPEALS - Retrial - Failure of case - When a plaintiff's case has failed - A retrial order is inappropriate (H7) Eke v. Okwaranyia (2001) 4 KLR (pt. 120) 1181; (2001) 12 NWLR (Pt. 726) 181

APPEALS - Retrial - Failure of plaintiff's claim - Retrial is erroneous - As paramount consideration is to see justice done (H8) Duru v. Onwumelu (2001) 12 KLR (pt. 130) 3287; (2001) 18 NWLR (Pt. 746) 672

APPEALS - Retrial - Was properly ordered by Appeal court - As trial court did not advert itself to all issues by it (H1) Nnorodim v. Ezeani (2001) 2 KLR (pt. 116) 583; (2001) 5 NWLR (Pt. 706) 203

APPEALS - Retrial - Will be ordered - When there has been an error in law - Or a vital irregularity in procedure - But not in this case (H15) Achiakpa v. Nduka (2001) 7 KLR (pt. 126) 2487; (2001) 14 NWLR (Pt. 734) 623

APPEALS - Retrial - Will not be ordered - Despite judge's unwarranted remark - As it did not affect his proper handling of the case (H7) Odonigi v. Oyeleke (2001) 2 KLR (pt. 116) 625; (2001) 6 NWLR (Pt. 708) 12

APPEALS - Reversal - Fair hearing - Any judgment or ruling - Based on breach of constitutional provision of fair hearing - Will not be allowed to stand on appeal (H3) Ogundoyin v. Adeyemi (2001) 7 KLR (pt. 127) 2687; (2001) 13 NWLR (Pt. 730) 403

APPEALS - Reversal - Murder - Identification Evidence - Despite the

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

discountenanced evidence - Other evidence exist to identify the appellant - As participating in the murder - Therefore the error of the lower court - Cannot lead to reversal of the conviction (H2) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

APPEALS - Reversal - Where the decision of the lower court - Is not based on the credibility of witnesses - Appeal court has a duty to reverse it - If it is satisfied that the decision was wrong (H3) Nteogwuile v. Otuo (2001) 6 KLR (pt. 125) 2205; (2001) 16 NWLR (Pt. 738) 58

APPEALS - Reversal - Wrongful admission s. 227(1) EA - Murder - Expunging Exhibit A that was wrongfully admitted - Will not ground a reversal - As miscarriage of justice was not occasioned (H4) Olalekan v. State (2001) 12 KLR (pt. 130) 3401; (2001) 18 NWLR (Pt. 746) 793

APPEALS - Review and evaluation of evidence - Distinction between the two - The duty was properly discharged by trial court (H6) Abidoye v. Alawode (2001) 3 KLR (pt. 118) 917; (2001) 6 NWLR (Pt. 709) 463

APPEALS - Right of appeal - As the consent judgment of the trial court - Did not bind the appellants - And they were not parties thereto - Their appeal was incompetent and should be struck out (H3) Ogunkunle v. Cherubim & Seraphim (2001) 6 KLR (pt. 124) 2115; (2001) 12 NWLR (Pt. 727) 359

APPEALS - Right of appeal - Under s.222 (a) 1979 Constitution - Condition precedent - Person claiming such a right - Must show that the court's decision is against him or his interest (H1) Ogunkunle v. Cherubim & Seraphim (2001) 6 KLR (pt. 124) 2115; (2001) 12 NWLR (Pt. 727) 359

APPEALS - Specific findings - That was not challenged - Cannot be appealed against (H6) Ojo v. Azama (2001) 1 KLR (pt. 113) 81;

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(2001) 4 NWLR (Pt. 702) 57

APPEALS - Submissions - Every complaint or submission of appellants - Should be backed up by specific facts - To enable the court fairly decide on them (H15) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

APPEALS - Substitution - The applicants will fail - If they have not shown that they are the persons entitled to be substituted (H2) Osagunna v. Gov. Ekiti State (2001) 4 KLR (pt. 119) 1081

APPEALS - Suo motu issue - Fair hearing - Failure to hear the defendants on the suo motu issue - Amounted to a denial of fair hearing (H20) Achiakpa v. Nduka (2001) 7 KLR (pt. 126) 2487; (2001) 14 NWLR (Pt. 734) 623

APPEALS - Suo motu issue - If raised by the court - The parties must be given an opportunity to be heard (H19) Achiakpa v. Nduka (2001) 7 KLR (pt. 126) 2487; (2001) 14 NWLR (Pt. 734) 623

APPEALS - Suo motu issues - May be raised by the court - But court must not base its decision thereon - Without inviting the parties to address it on such issues (H1) Hambe v. Hueze (2001) 2 KLR (pt. 115) 437; (2001) 4 NWLR (Pt. 703) 372

APPEALS - Suo motu issues - Must not be raised by the court - And resolved without hearing the parties (H5) Abimbola v. Abatan (2001) 4 KLR (pt. 120) 1149; (2001) 9 NWLR (Pt. 717) 66

APPEALS - Suo motu issues - Where court takes up points suo motu - Parties must be given opportunity to address the court - Before decision is made on the points (H3) Korede v. Adedokun (2001) 7 KLR (pt. 128) 2829; (2001) 15 NWLR (Pt. 736) 483

APPEALS - Technicalities - Court has shifted - From undue reliance on technicalities - To doing substantial justice - Between the parties before it (H2) Odonigi v. Oyeleke (2001) 2 KLR (pt. 116) 625; (2001)

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

6 NWLR (Pt. 708) 12

APPEALS - Tribunal - Its decision was not a nullity - As held by lower court - Because the defect in the charge was a mere irregularity - That did not occasion miscarriage of justice (H7) Medical Tribunal v. Dr. Okonkwo (2001) 3 KLR (pt. 117) 739; (2001) 7 NWLR (Pt. 711) 206

ARBITRATION - Arbitrators award - Interest awarded by trial court - On the award - Was without jurisdiction (H5) Ras Pal Gazi Constr. Co. Ltd. v. F.C.D.A. (2001) 5 KLR (pt. 122) 1651; (2001) 10 NWLR (Pt. 722) 559

ARBITRATION - Conversion to courts judgment - The court has no jurisdiction - To convert the award into its judgment - Rather it will enter it as a judgment - And give effect to it - In the absence of a challenge (H3) Ras Pal Gazi Constr. Co. Ltd. v. F.C.D.A. (2001) 5 KLR (pt. 122) 1651; (2001) 10 NWLR (Pt. 722) 559

ARBITRATION - Customary arbitration - Conditions for a valid customary arbitration - Were not fulfilled in this case (H4) Odonigi v. Oyeleke (2001) 2 KLR (pt. 116) 625; (2001) 6 NWLR (Pt. 708) 12

ARBITRATION - Customary arbitration - Submission to arbitration - Where a party submitted to arbitration - He is bound of the result of he arbitration (H2) Ekpe v. Oke (2001) 5 KLR (pt. 121) 1505; (2001) 10 NWLR (Pt. 721) 341

ARBITRATION - Customary arbitration - Validity of - Ingredients that must be pleaded and proved (H5) Eke v. Okwaranyia (2001) 4 KLR (pt. 120) 1181; (2001) 12 NWLR (Pt. 726) 181

ARBITRATION - Estoppel - Customary arbitration are recognized as judicial proceedings - Capable of creating estoppel per rem judicatam - If some conditions are satisfied (H3) Odonigi v. Oyeleke (2001) 2 KLR (pt. 116) 625; (2001) 6 NWLR (Pt. 708) 12

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

ARBITRATION - Judgment - Arbitrators award - Once filed in court - Has the force and effect of a judgment (H1) Ras Pal Gazi Constr. Co. Ltd. v. F.C.D.A. (2001) 5 KLR (pt. 122) 1651; (2001) 10 NWLR (Pt. 722) 559

ARBITRATION - Jurisdiction of court - Is to give leave to enforce the award as a judgment - And not to tamper with it in any other way (H4) Ras Pal Gazi Constr. Co. Ltd. v. F.C.D.A. (2001) 5 KLR (pt. 122) 1651; (2001) 10 NWLR (Pt. 722) 559

ARBITRATION - Settlement out of court - Differs from an arbitrators award - Because the award immediately becomes binding on the parties - And can be enforced by the court on application (H2) Ras Pal Gazi Constr. Co. Ltd. v. F.C.D.A. (2001) 5 KLR (pt. 122) 1651; (2001) 10 NWLR (Pt. 722) 559

BAIL - Discretion - It would have been wrong for the Court of Appeal to interfere with the discretion of the learned trial judge in refusing bail - To the appellant (H6) Bamaiyi v. State (2001) 4 KLR (pt.119) 1043; (2001) 8 NWLR (Pt. 715) 270

BAILMENT - Pawn or pledge - Validity - It is void if the pawnor has no authority from the owner - And therefore cannot hold it against the owner (H2) Labode v. Otubu (2001) 3 KLR (pt. 117) 699; (2001) 7 NWLR (Pt. 712) 256

BANKING - Bank ledger - Admissibility - Secondary evidence - Of entries in bank ledger - Will be admitted upon substantial compliance with S.972(e) Evidence Act (H4) Narindex Ltd. v. Inter-Continental Bank (2001) 4 KLR (pt. 120) 1321; (2001) 10 NWLR (Pt. 721) 321

BANKING - Bill - Notice of dishonour - Reasonable time - A delay in giving notice extending for a period of nearly one year - Without any satisfactory explanation - Is unreasonable (H3) Bank of the North v. Yau (2001) 5 KLR (pt. 122) 1561; (2001) 10 NWLR (Pt. 721) 408

BANKING - Credit facilities - Interest rate - Changes from time to

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

time - So that upward review of prime lending rate in this case is proper (H5) Narindex Ltd. v. Inter-Continental Bank (2001) 4 KLR (pt. 120) 1321; (2001) 10 NWLR (Pt. 721) 321

BANKING - Devaluation - Effect of devaluation of foreign currency on transaction - Onus of proof - Is on the bank to show the effect of such devaluation - And that the bank is entitled to charge the customer with the devaluation (H2) Union Bank Plc. v. Emole (2001) 12 KLR (pt. 131) 3559; (2001) 18 NWLR (Pt. 745) 501

BANKING - Master & servant - Criminal law - Banking malpractices irregularities and dishonest practices - Of which appellant was guilty - Does not constitute any offence known to our criminal law (H3) Olarewaju v. Afribank Nig. Plc. (2001) 7 KLR (pt. 126) 2395; (2001) 13 NWLR (Pt. 731) 691

BILL OF LADING - Passing of property in the goods - Cannot be presumed by the agent - Cannot divest the plaintiff of the right to sue - For loss of some of the goods (H4) Boothia Inc. v. Farest Ltd. (2001) 4 KLR (pt. 119) 1107; (2001) 9 NWLR (Pt. 719) 572

BUSINESS NAMES - Action - A person carrying on business in a name or style other than his own name - May be sued in such name or style - But cannot sue in his trade name (H3) Iyke Medical Merchandise v. Pfizer Inc. (2001) 5 KLR (pt. 121) 1377; (2001) 10 NWLR (Pt. 722) 540

BUSINESS NAMES - Action - Parties - Persons who conceal their names - Can be sued in the name in which they carry on business (H6) Iyke Medical Merchandise v. Pfizer Inc. (2001) 5 KLR (pt. 121) 1377; (2001) 10 NWLR (Pt. 722) 540

CHIEFTAINCY MATTERS - Cause of action - Traditional Rulers and Chiefs Edict of 1979 (Bendel State) - The cause of action - Did not accrue until appointments were made - In accordance with the Edict (H3) Ikine v. Edjerode (2001) 12 KLR (pt. 131) 3711; (2001) 18 NWLR (Pt. 745) 446

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

CHIEFTAINCY MATTERS - Chieftaincy declaration - Error of trial court - The trial court was in error - To go outside the declaration - And invoke a principle not provided therein (H5) Oyefolu v. Durosinmi (2001) 7 KLR (pt. 128) 2997; (2001) 16 NWLR (Pt. 738) 1

CHIEFTAINCY MATTERS - Chieftaincy declaration - Error of trial court - The finding of the trial court - As to membership of Iga Osolu ruling House - Is contrary to the Chieftaincy declaration - And is a fundamental error (H6) Oyefolu v. Durosinmi (2001) 7 KLR (pt. 128) 2997; (2001) 16 NWLR (Pt. 738) 1

CHIEFTAINCY MATTERS - Commencement of action - Plaintiffs could not have commenced action when the Edict was promulgated in 1979 - But when the appointment of 1st appellant was made in 1985 (H4) Ikine v. Edjerode (2001) 12 KLR (pt. 131) 3711; (2001) 18 NWLR (Pt. 745) 446

CHIEFTAINCY MATTERS - Conflicting traditional evidence - Kojo II v. Bonsie principle - Is not limited to ownership of land - But applies to other claims like chieftaincy dispute (H6) Olatunde v. Abidogun (2001) 12 KLR (pt. 131) 3653; (2001) 18 NWLR (Pt. 746) 712

CHIEFTAINCY MATTERS - Courts - Justiciability - Traditional Rulers and Chiefs Edict - Present action is justiciable as the jurisdiction of the court - Has not been ousted by the Edict (H6) Ikine v. Edjerode (2001) 12 KLR (pt. 131) 3711; (2001) 18 NWLR (Pt. 745) 446

CHIEFTAINCY MATTERS - Right to sue - Judicial precedent - Uwegba's case - Decided that Governor is to set up an inquiry - Before coming to a decision under s.22(6) (b) of Bendel State Chieftaincy Law (H2) Abu v. Odugbo (2001) 7 KLR (pt. 126) 2299; (2001) 14 NWLR (Pt. 732) 45

CHIEFTAINCY MATTERS - Statutes - S. 15 Kwara State Chiefs Edict No. 3 of 1998 - Does not apply - Where the issue is the appointment of a member of a Traditional Council - As in this case (H1) Ajayi v.

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

Jolayemi (2001) 5 KLR (pt. 122) 1689; (2001) 10 NWLR (Pt. 722) 516

CLAIMS - Appeals - Reliefs sought before Court of Appeal - Must not be granted - The court is free to grant any other appropriate relief (H1) Onuaguluchi v. Ndu (2001) 3 KLR (pt. 117) 831; (2001) 7 NWLR (Pt. 712) 309

CLAIMS - Counter claim - Dismissal of - In the circumstances of the case - Based on the evidence and applicable law - The Court of Appeal was wrong in dismissing the appellant's counter claim (H13) Kyari v. Alkali (2001) 5 KLR (pt. 123) 1753; (2001) 11 NWLR (Pt. 724) 412

CLAIMS - Death of a plaintiff - Application for substitution of such plaintiff - Depends on whether the claim survives the plaintiff (H1) Osagunna v. Gov. Ekiti State (2001) 4 KLR (pt. 119) 1081

CLAIMS - Departure from endorsed claim - Gives rise to new cause of action - For which the court's jurisdiction has not been invoked (H2) Adenuga v. Odumeru (2001) 1 KLR (pt. 114) 197; (2001) 2 NWLR (Pt. 696) 184

CLAIMS - Reliefs not claimed - Where gratuitously made are incompetent and will be set aside - But will not affect courts judgment - As it is consequential to the judgment (H3) Adeye v. Adesanya (2001) 2 KLR (pt. 116) 595; (2001) 6 NWLR (Pt. 708) 1

CLAIMS - Reliefs - Since they are not related to a claim before the court - Court is incompetent and has no jurisdiction to hear it (H5) Adenuga v. Odumeru (2001) 1 KLR (pt. 114) 197; (2001) 2 NWLR (Pt. 696) 184

CLAIMS - Reliefs sought must be within the scope of the claim - As plaintiff is limited by his claim (H1) Adenuga v. Odumeru (2001) 1 KLR (pt. 114) 197; (2001) 2 NWLR (Pt. 696) 184

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

CLAIMS - Statement of claim - Defect - Where a party claims as per writ of summons - The statement of claim is not defective thereby (H7) Okomu Oil Ltd. v. Iserhienrhien (2001) 3 KLR (pt. 117) 797; (2001) 6 NWLR (Pt. 710) 660

COMPANY LAW - Accounts - Ownership of business - Where clear evidence abound - Ownership of the block making business belongs to the respondent - And appellant must render account of the business (H5) Nsirim v. Onuma Construction Co. Ltd. (2001) 3 KLR (pt. 118) 853; (2001) 7 NWLR (Pt. 713) 742

COMPANY LAW - Meetings of the company - Minutes thereof - Absence of minutes - Does not render the meeting void - It only attracts a penalty (H1) Nsirim v. Onuma Construction Co. Ltd. (2001) 3 KLR (pt. 118) 853; (2001) 7 NWLR (Pt. 713) 742

COMPANY LAW - Pleadings - Company meeting minutes - As the issue was not pleaded - But merely arose in cross examination - It goes to no issue (H3) Nsirim v. Onuma Construction Co. Ltd. (2001) 3 KLR (pt. 118) 853; (2001) 7 NWLR (Pt. 713) 742

CONFLICT OF LAWS - Right to sue - Conflict between a state law and s. 236(1) of the 1979 Constitution - Will render the state law void for inconsistency (H1) Abu v. Odugbo (2001) 7 KLR (pt. 126) 2299; (2001) 14 NWLR (Pt. 732) 45

CONSTITUTIONAL LAW - Administrative body - Disciplinary action - Commission of offence - Admission of guilt - Jurisdiction of the court - An administrative body which acts on the admission of guilt by the accused - Has not usurped the constitutional jurisdiction of the court (H 6) Dongtoe v. Civil Service Commission Plateau State (2001) 4 KLR (pt. 120) 1239; (2001) 9 NWLR (Pt. 717) 132

CONSTITUTION LAW - Applicable constitution - It is the 1979 Constitution not the 1963 Constitution - That applies to a cause of action accruing in 1985 (H5) Ikine v. Edjerode (2001) 12 KLR (pt. 131) 3711; (2001) 18 NWLR (Pt. 745) 446

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

CONSTITUTIONAL LAW - Case stated - Questions referred to the Court of Appeal - S. 295(2)1999 Constitution - It is not mandatory for the court of Appeal to answer every such question (H1) Bamaiyi v. A-G Fed. (2001) 7 KLR (pt. 128) 2939; (2001) 12 NWLR (Pt. 727) 468

CONSTITUTIONAL LAW - Case stated - Questions referred to the Court of Appeal - If they do not arise from proceedings before the trial court - Will not be entertained as a mere academic exercise (H3) Bamaiyi v. A-G Fed. (2001) 7 KLR (pt. 128) 2939; (2001) 12 NWLR (Pt. 727) 468

CONSTITUTION LAW - Election petitions - Wrong decision - Cannot be altered by the Supreme Court under any guise - Where the Constitution has made the Court of Appeal the final court (H3) Onuaguluchi v. Ndu (2001) 3 KLR (pt. 117) 831; (2001) 7 NWLR (Pt. 712) 309

CONSTITUTIONAL LAW - Fair hearing - Meaning - S.33 (1) 1979 Constitution - Meaning of fair hearing (H1) Kenon v. Tekam (2001) 7 KLR (pt. 126) 2461; (2001) 14 NWLR (Pt. 732) 12

CONSTITUTIONAL LAW - Fair hearing s. 33 - Bias alleged against trial judge - Appellate court will not go outside the printed records of court - To conclude that the trial is unfair (H4) Ojengbede v. Esan (2001) 12 KLR (pt. 131) 3531; (2001) 18 NWLR (Pt. 746) 771

CONSTITUTIONAL LAW - Fair hearing - S.33 (1) 1979 Constitution - There was no breach of the right to fair hearing - In the circumstances of this case (H5) Kenon v. Tekam (2001) 7 KLR (pt. 126) 2461; (2001) 14 NWLR (Pt. 732) 12

CONSTITUTIONAL LAW - Fundamental Rights - Enforcement of under 1979 Rules - Chieftaincy disputes cannot be enforced under this Rule - As properly held by the lower courts (H2) Gov. of Kogi State v. Yakubu (2001) 3 KLR (pt. 118) 903; (2001) 6 NWLR (Pt.

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

710) 521

CONSTITUTIONAL LAW - Fundamental rights - Enforcement procedure - The relief which may be claimed by means of the procedure - Is limited to any of the provisions of Chapter IV of the Constitution (H2) Dongtoe v. Civil Service Commission Plateau State (2001) 4 KLR (pt. 120) 1239; (2001) 9 NWLR (Pt. 717) 132

CONSTITUTIONAL LAW - Fundamental rights - Enforcement procedure - Principal claim - Where a each of the provisions of chapter IV is the principal claim - The procedure can be invoked even though other claims are made (H4) Dongtoe v. Civil Service Commission Plateau State (2001) 4 KLR (pt. 120) 1239; (2001) 9 NWLR (Pt. 717) 132

CONSTITUTIONAL LAW - Fundamental Rights procedure - Jurisdiction - Competence of a court to exercise jurisdiction - Avails only when the main application is for enforcement of a fundamental right (H4) Sea Trucks Ltd. v. Anigboro (2001) 1 KLR (pt. 114) 137; (2001) 2 NWLR (Pt. 696) 159

CONSTITUTIONAL LAW - Fundamental Rights procedure - Justiciability - Cannot be sustained - Where alleged breach of fundamental right is incidental to the main complaint (H3) Sea Trucks Ltd. v. Anigboro (2001) 1 KLR (pt. 114) 137; (2001) 2 NWLR (Pt. 696) 159

CONSTITUTIONAL LAW - Immunity - Governors' Immunity s. 308(1)(a) 1999 Constitution - Where court of Appeal rightly disallowed this appeal - Proper order is to strike it out - And not sine die adjournment (H5) Tinubu v. I.M.B. Securities Ltd. (2001) 9/10 KLR (pt. 129) 3087; (2001) 16 NWLR (Pt. 740) 670

CONSTITUTIONAL LAW - Immunity from legal action - Conferred on Governors - By s. 308(1)(a) of the 1999 Constitution - Applies to discontinue pending suits against appellants (H2) Tinubu v. I.M.B. Securities Ltd. (2001) 9/10 KLR (pt. 129) 3087; (2001) 16 NWLR

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(Pt. 740) 670

CONSTITUTIONAL LAW - Immunity from legal action - Waiver - S. 308(1)(a) 1999 Constitution - Neither the incumbent officers nor courts can waive it (H4) Tinubu v. I.M.B. Securities Ltd. (2001) 9/10 KLR (pt. 129) 3087; (2001) 16 NWLR (Pt. 740) 670

CONSTITUTIONAL LAW - Interpretation - S. 295(2) 1999 Constitution - Meaning of `decision' as used in the section (H2) Bamaiyi v. A-G Fed. (2001) 7 KLR (pt. 128) 2939; (2001) 12 NWLR (Pt. 727) 468

CONSTITUTIONAL LAW - Interpretation of a section - Raising any question of law or fact - Creates a dispute - That requires judicial determination (H7) A-G Fed v. A-G Abia (2001) 7 KLR (pt. 127) 2599; (2001) 11 NWLR (Pt. 725) 689

CONSTITUTIONAL LAW - Justiciability - Fundamental Rights Procedure Rules 1979 - Justiciability of a cause under the Rules - Is not exclusively the preserve of trial judge (H2) Sea Trucks Ltd. v. Anigboro (2001) 1 KLR (pt. 114) 137; (2001) 2 NWLR (Pt. 696) 159

CONSTITUTIONAL LAW - Public service of the Federation - As widely defined in s. 227(1) 1979 Constitution - Is for purpose of code of conduct of public servants - It is not a ground for a worker being under authority - Of the Federal Civil Service Commission (H4) Okomu Oil Ltd. v. Iserhienrhien (2001) 3 KLR (pt. 117) 797; (2001) 6 NWLR (Pt. 710) 660

CONSTITUTIONAL LAW - Question referred - That amounted to putting the cart before the horse - The Court of Appeal is right - To refuse to answer the question (H5) Bamaiyi v. A-G Fed. (2001) 7 KLR (pt. 128) 2939; (2001) 12 NWLR (Pt. 727) 468

CONSTITUTIONAL LAW - Reference of questions to appeal court - The right to refer - Arises only if there is a substantial question of law - Before the High Court (H4) Bamaiyi v. A-G Fed. (2001) 7 KLR (pt.

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

128) 2939; (2001) 12 NWLR (Pt. 727) 468

CONSTITUTIONAL LAW - Right to sue - Conflict between a state law and s. 236(1) of the 1979 Constitution - Will render the state law void for inconsistency (H1) Abu v. Odugbo (2001) 7 KLR (pt. 126) 2299; (2001) 14 NWLR (Pt. 732) 45

CONSTITUTIONAL LAW - Separation of powers - Interpretation of s. 3(1) of the Constitution - Is a judicial function and not a legislative function - National Boundary Commission may have concurrent powers - In respect of the said section (H4) A-G Fed v. A-G Abia (2001) 7 KLR (pt. 127) 2599; (2001) 11 NWLR (Pt. 725) 689

CONSTITUTIONAL LAW - State creation Provision vesting property - On new States - Contracting out of it - Parties cannot contract out of the provision - And cannot contract into it (H8) A-G Ondo State v. A-G Ekiti State (2001) 9/10 KLR (pt. 129) 3161; (2001) 17 NWLR (Pt. 743) 706

CONSTITUTIONAL LAW - State creation - Sharing of assets - Constitutionality of - Plaintiff who is not vested with any property under s. 7(1) of Decree No. 36 - Cannot question constitutionality of steps related thereto (H5) A-G Ondo State v. A-G Ekiti State (2001) 9/10 KLR (pt. 129) 3161; (2001) 17 NWLR (Pt. 743) 706

CONTEMPT OF COURT - Civil contempt - Application for committal - Procedure - Such an application must strictly comply with the provisions set out in the Judgments (Enforcement) Rules (H5) Abbas v. Solomon (2001) 7 KLR (pt. 126) 2549; (2001) 15 NWLR (Pt. 735) 144

CONTEMPT OF COURT - Civil contempt - Committal - Power to order committal for civil contempt - Conditions for the exercise of the power (H4) Abbas v. Solomon (2001) 7 KLR (pt. 126) 2549; (2001) 15 NWLR (Pt. 735) 144

CONTEMPT OF COURT - Civil contempt of court - What it means

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(H1) Abbas v. Solomon (2001) 7 KLR (pt. 126) 2549; (2001) 15 NWLR (Pt. 735) 144

CONTEMPT OF COURT - Committal - Where any person refuses or neglects to comply with an order made against him - Other than for payment of money - The Court has ample jurisdiction to order that he be committed to prison (H3) Abbas v. Solomon (2001) 7 KLR (pt. 126) 2549; (2001) 15 NWLR (Pt. 735) 144

CONTEMPT OF COURT - Committal proceedings - Fair hearing - Where the judgment debtors were not heard - The whole proceedings fell short of the standard of fair hearing (H8) Abbas v. Solomon (2001) 7 KLR (pt. 126) 2549; (2001) 15 NWLR (Pt. 735) 144

CONTEMPT OF COURT - Committal proceedings - Procedure to be followed - Before an order to commit a judgment debtor to prison may be made (H7) Abbas v. Solomon (2001) 7 KLR (pt. 126) 2549; (2001) 15 NWLR (Pt. 735) 144

CONTEMPT OF COURT - Committal proceedings - Requirement - Before committal proceedings are instituted - What the judgment creditor must do (H6) Abbas v. Solomon (2001) 7 KLR (pt. 126) 2549; (2001) 15 NWLR (Pt. 735) 144

CONTRACTS - Binding nature of - The deposit of the contractual document - With the respondents bank cannot make the respondent - Bound by its terms (H9) Makwe v. Nwukor (2001) 7 KLR (pt. 126) 2573; (2001) 14 NWLR (Pt. 733) 356

CONTRACTS - Breach of contract - Where the facts constituting the breach - Amounts to a tort - A stranger to the contract may sue for breach of duty of care owed to him (H2) Makwe v. Nwukor (2001) 7 KLR (pt. 126) 2573; (2001) 14 NWLR (Pt. 733) 356

CONTRACTS - Fraudulent misrepresentation - Where a statement is true - In the sense in which it was meant - And it is understood in another sense which is untrue - The representor is not guilty of fraud

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(H4) Afegbai v. A-G Edo State (2001) 7 KLR (pt. 127) 2709; (2001) 14 NWLR (Pt. 733) 425

CONTRACTS - Parties - As the respondent was not a party to the contract - It could not be bound by it - As the Court of Appeal rightly held (H8) Makwe v. Nwukor (2001) 7 KLR (pt. 126) 2573; (2001) 14 NWLR (Pt. 733) 356

CONTRACTS - Parties - Only parties to a contract can sue or be sued on the contract (H1) Makwe v. Nwukor (2001) 7 KLR (pt. 126) 2573; (2001) 14 NWLR (Pt. 733) 356

CONTRACTS - Pawn or pledge - Validity - It is void if the pawnor has no authority from the owner - And therefore cannot hold it against the owner (H2) Labode v. Otubu (2001) 3 KLR (pt. 117) 699; (2001) 7 NWLR (Pt. 712) 256

CONTRACTS - Rescission - Cannot be based - On a misinterpretation of the representor's statement - Which is not false (H5) Afegbai v. A-G Edo State (2001) 7 KLR (pt. 127) 2709; (2001) 14 NWLR (Pt. 733) 425

CONTRACTS - Specific performance - Appeals - Concurrent findings of lower courts - Are perverse and are set aside - And the order of specific performance set aside (H8) Incar Nig. Plc. v. Bolex Enterprises (2001) 5 KLR (pt. 123) 1823; (2001) 12 NWLR (Pt. 728) 646

CONTRACTS - Wrongful termination - Breach of terms of the contract of employment - Onus of proof in on the employee who filed the action (H1) Okomu Oil Ltd. v. Iserhienrhien (2001) 3 KLR (pt. 117) 797; (2001) 6 NWLR (Pt. 710) 660

CONVEYANCING - Exhibit - From the evidence in this case - The land in dispute was not within the land conveyed (H1) Basil v. Fajebe (2001) 4 KLR (pt. 120) 1273; (2001) 11 NWLR (Pt. 725) 592

CONVICTIONS - Circumstantial evidence - Can ground a conviction

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

- Only if there are no coexisting circumstances - Which can weaken its cogency (H4) State v. Ogbubunjo (2001) 1 KLR (pt. 114) 221; (2001) 2 NWLR (Pt. 698) 576

CONVICTIONS - Confessional statements - Conviction - An accused can be convicted - On his confessions alone - When certain conditions are met - Even if the confession is retracted (H1) Hassan v. State (2001) 7 KLR (pt. 127) 2789; (2001) 15 NWLR (Pt. 735) 184

CONVICTIONS - Conviction for lesser offence - Homicide - Though not established - Appellant is guilty of causing hurt by dangerous means s. 248 () (H6) Ahmed v. State (2001) 12 KLR (pt. 130) 33; (2001) 18 NWLR (Pt. 746) 622

CONVICTIONS - Evidence - Circumstantial evidence - Conviction - Based on circumstantial evidence - Is permitted - But the evidence relied on must be narrowly considered (H5) Ijioffor v. State (2001) 4 KLR (pt. 120) 1345; (2001) 9 NWLR (Pt. 718) 371

CONVICTIONS - Evidence - Circumstantial evidence - Conviction - What must be established - Before circumstantial evidence can sustain the conviction of an accused (H6) Ijioffor v. State (2001) 4 KLR (pt. 120) 1345; (2001) 9 NWLR (Pt. 718) 371

CONVICTIONS - Expunged evidence - As the conviction is supported by overwhelming evidence - Despite the expunged evidence - The conviction is confirmed (H16) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

CONVICTIONS - Hearsay evidence - Conviction based on hearsay evidence - Appellate court may quash such conviction - In the absence of other evidence (H4) Ijioffor v. State (2001) 4 KLR (pt. 120) 1345; (2001) 9 NWLR (Pt. 718) 371

CONVICTIONS - Homicide - Proof beyond reasonable doubt - Where not establish - Mere speculation or suspicion - Cannot ground conviction (H5) Ahmed v. State (2001) 12 KLR (pt. 130) 33; (2001) 18 NWLR (Pt. 746) 622

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

CONVICTIONS - Murder - Burden of proof - There must be proof beyond reasonable doubt - For conviction to stand (H10) State v. Ogbubunjo (2001) 1 KLR (pt. 114) 221; (2001) 2 NWLR (Pt. 698) 576

CONVICTION - Propriety of - Conviction of appellant for a different offence - Was rightly confirmed by the court of Appeal - In the present case (H4) Oduneye v. State (2001) 1 KLR (pt. 114) 355; (2001) 2 NWLR (Pt. 697) 311

CONVICTIONS - Suspicion - Can never amount to proof - Court must not convict on mere evidence of suspicion (H5) State v. Ogbubunjo (2001) 1 KLR (pt. 114) 221; (2001) 2 NWLR (Pt. 698) 576

CORROBORATION - Confessional statement - Is sufficient to ground and support conviction - Without corroboration - If court is satisfied of its truth (H2) Alarape v. State (2001) 2 KLR (pt. 116) 543; (2001) 5 NWLR (Pt. 705) 79

CORROBORATION - Interested persons - Relationship by blood per se - Is not sufficient to disqualify the evidence of a witness (H1) Akpan v. State (2001) 7 KLR (pt. 127) 2767; (2001) 15 NWLR (Pt. 737) 745

CORROBORATION - Rape - The circumstance of this case - Warranted corroboration of prosecutrix evidence - Which burden was not discharged (H13) Iko v. State (2001) 7 KLR (pt. 126) 2419; (2001) 14 NWLR (Pt. 732) 221

CORROBORATION - Rape - The evidence of PW3 - Based on hearsay cannot be corroboration of evidence of the prosecutrix (H6) Jegede v. State (2001) 7 KLR (pt. 126) 2527; (2001) 14 NWLR (Pt. 733) 264

COURT PROCESSES - Abuse of court processes - For an action to

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

be declared an abuse of court processes - There must be two or more actions between the same parties - In respect of the same subject matter- In one or more courts - At the same time (H7) Ikine v. Edjerode (2001) 12 KLR (pt. 131) 3711; (2001) 18 NWLR (Pt. 745) 446

COURT PROCESSES - Abuse of - Where a party exercises his constitutional right to appeal - Even if he had applied for extension of time - To comply with the same court order - His conduct does not amount to abuse of court process (H1) CBN v. Ahmed (2001) 5 KLR (pt. 123) 1897; (2001) 11 NWLR (Pt. 724) 369

COURT PROCESSES - Hearing notice - Non appearance of party - The dismissal of the appellants' case - Was a breach of his right to fair hearing - As there was no proof of service of hearing notice on him (H4) Ogundoyin v. Adeyemi (2001) 7 KLR (pt. 127) 2687; (2001) 13 NWLR (Pt. 730) 403

COURT PROCESSES - Judgment - Enforcement of - Unless otherwise stipulated by statute Judgment may be enforced by a writ of attachment or by committal (H2) Abbas v. Solomon (2001) 7 KLR (pt. 126) 2549; (2001) 15 NWLR (Pt. 735) 144

COURT PROCESSES - Non service of - Only the affected party can complain - About such a failure (H1) Chime v. Chime (2001) 1 KLR (pt. 114) 269; (2001) 3 NWLR (Pt. 701) 527

COURT PROCESSES - Service of process - Business name - It is enough to effect service - On a partner - Or on a person having defacto control or management of a business using a business name - And at the principal place of business (H7) Iyke Medical Merchandise v. Pfizer Inc. (2001) 5 KLR (pt. 121) 1377; (2001) 10 NWLR (Pt. 722) 540

COURTS - Abuse of court process - Statement of claim that disclosed a reasonable cause of action - Is an abuse of the process of the court (H5) Labode v. Otubu (2001) 3 KLR (pt. 117) 699; (2001) 7 NWLR

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(Pt. 712) 256

COURTS - Abuse of court processes - For an action to be declared an abuse of court processes - There must be two or more actions between the same parties - In respect of the same subject matter - In one or more courts - At the same time (H7) Ikine v. Edjorode (2001) 12 KLR (pt. 131) 3711; (2001) 18 NWLR (Pt. 745) 446

COURTS - Abuse of process - Pleadings - Amendment - Which is designed to overreach - By making a ground of appeal useless - Constitutes an abuse of process of court - And ought to be dismissed (H4) Kode v. Yussuf (2001) 2 KLR (pt. 115) 457; (2001) 4 NWLR (Pt. 703) 392

COURTS - Appeals - Technicalities - Court has shifted - From undue reliance on technicalities - To doing substantial justice - Between the parties before it (H2) Odonigi v. Oyeleke (2001) 2 KLR (pt. 116) 625; (2001) 6 NWLR (Pt. 708) 12

COURTS - Arraignment - Validity - The omission of the trial judge - To state that he was satisfied that the appellant understood the charge - Would not constitute non compliance - With the constitutional and procedural requirement (H5) Adeniji v. State (2001) 5 KLR (pt. 123) 1799; (2001) 13 NWLR (Pt. 730) 375

COURTS - Customary Court's decisions - Interpretation of - Where respectively interpreted - In breach of guidelines - Judgment should be reversed (H8) Odofin v. Oni (2001) 1 KLR (pt. 114) 303; (2001) 3 NWLR (Pt. 701) 488

COURTS - Decisions - Duty of trial judge - Is to reach a decision - Only upon the basis of what is in issue - And what has been demonstrated by evidence supported by law - Failure in this duty - Will make the appellate court to intervene (H4) Adeleke v. Iyanda (2001) 6 KLR (pt. 124) 1973; (2001) 13 NWLR (Pt. 729) 1

COURTS - Discretion - Evidence - An exercise of discretion by a

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

court - Must be guided by evidence (H8) Menakaya v. Menakaya (2001) 9/10 KLR (pt. 129) 3037; (2001) 16 NWLR (Pt. 738) 203

COURTS - Discretion - Leave to argue new points of law - Supreme Court will not interfere with the lower courts exercise of discretion - Except where it is not bona fide (H6) Eze v. A-G Rivers State (2001) 12 KLR (pt. 131) 3611; (2001) 18 NWLR (Pt. 746) 524

COURTS - Discretion - The trial judge did not properly exercise his judicial discretion - As he made his order in the absence of any evidence - To support his order (H5) Union Bank Plc. v. Emole (2001) 12 KLR (pt. 131) 3559; (2001) 18 NWLR (Pt. 745) 501

COURTS - Duty - Appeals - Leave to appeal - The court's duty in considering the grounds of appeal - Proposed in support of the appeal - Is limited to whether the grounds are substantial and reveal arguable grounds - And not the merit of such grounds (H3) CBN v. Ahmed (2001) 5 KLR (pt. 123) 1897; (2001) 11 NWLR (Pt. 724) 369

COURTS - Duty - Speculation - The duty of the court is not to embark on speculation - But to act upon facts tested before it - According to the rules and law (H8) Kode v. Yussuf (2001) 2 KLR (pt. 115) 457; (2001) 4 NWLR (Pt. 703) 392

COURTS - Error - Admissibility - Document - That is not tendered by any of the parties - But is a sketch made by trial court - Lower Court wrongfully rejected it as inadmissible (H1) Duru v. Onwumelu (2001) 12 KLR (pt. 130) 3287; (2001) 18 NWLR (Pt. 746) 672

COURTS - Error - Court of Appeal was in error - As to have failed to consider and pronounce upon the issues formulated by the appellant (H4) Bamaiyi v. State (2001) 4 KLR (pt. 119) 1043; (2001) 8 NWLR (Pt. 715) 270

COURTS - Error - Extra judicial statements - Error of lower court in considering them - Cannot vitiate a judgment unless miscarriage of

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

justice is occasioned thereby (H9) State v. Ogbubunjo (2001) 1 KLR (pt. 114) 221; (2001) 2 NWLR (Pt. 698) 576

COURTS - Error of trial court - It was a fundamental error - For the Court to present facts - Which were not the case - Of either of the parties (H1) Oyefolu v. Durosinmi (2001) 7 KLR (pt. 128) 2997; (2001) 16 NWLR (Pt. 738) 1

COURTS - Error of trial court - The court misdirected itself - By putting into issue - A fact that was not contested by the parties - In their pleadings (H2) Adeleke v. Iyanda (2001) 6 KLR (pt. 124) 1973; (2001) 13 NWLR (Pt. 729) 1

COURTS - Evaluation of evidence - Once the trial judge has properly considered the evidence - Style used in evaluating such evidence is not a matter to impugn (H5) Awopejo v. State (2001) 12 KLR (pt. 131) 3579; (2001) 18 NWLR (Pt. 745) 430

COURTS - Evidence - As the only vital evidence of pw2 was not contradicted by other evidence - The judge was bound to accept and act on it - Even if it were minimal (H6) Adeleke v. Iyanda (2001) 6 KLR (pt. 124) 1973; (2001) 13 NWLR (Pt. 729) 1

COURTS - Evidence - Of relevant facts - Should not be ignored in deciding the probability of a question of fact - Lest public confidence in judicial process be severely eroded (H6) Basil v. Fajebe (2001) 4 KLR (pt. 120) 1273; (2001) 11 NWLR (Pt. 725) 592

COURTS - Exercise of Discretion - The considerations on which the Court of Appeal exercised its discretion - Were not judicious or judicial or proper (H1) Ogundoyin v. Adeyemi (2001) 7 KLR (pt. 127) 2687; (2001) 13 NWLR (Pt. 730) 403

COURTS - Fair hearing - Bias or likelihood of bias - Levelled against trial court - Proof - To succeed the accuser must be able to establish the facts and ground he relies upon (H3) Ojengbede v. Esan (2001) 12 KLR (pt. 131) 3531; (2001) 18 NWLR (Pt. 746) 771

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

COURTS - Fair hearing - Issue - Raised suo motu - The parties must be given an opportunity to be heard on the issue (H10) Abbas v. Solomon (2001) 7 KLR (pt. 126) 2549; (2001) 15 NWLR (Pt. 735) 144

COURTS - Fair hearing s. 33 of the Constitution - Bias alleged against trial judge - Appellate court will not go outside the printed records of court - To conclude that the trial is unfair (H4) Ojengbede v. Esan (2001) 12 KLR (pt. 131) 3531; (2001) 18 NWLR (Pt. 746) 771

COURTS - Federal High Court - Jurisdiction - Oil spillage - Spillage and Pollution which occurred in the course of repair of indented pipeline - Is a matter arising from - Mines and minerals including oil fields and oil mining - And falls within the exclusive jurisdiction of the Federal High Court - As provided under s. 230 (1) (a) of Decree No. 107 (H4) Isaiah v. Shell Petroleum Ltd. (2001) 5 KLR (pt. 122) 1631; (2001) 11 NWLR (Pt. 723) 168

COURTS - Findings - On evidence and issues - Not before the court is unacceptable - But where supported by ample evidence - The findings will be affirmed (H6) Odonigi v. Oyeleke (2001) 2 KLR (pt. 116) 625; (2001) 6 NWLR (Pt. 708) 12

COURTS - Fundamental Rights Procedure - Competence - of a court to exercise jurisdiction - Avails only when the main application is for enforcement of a fundamental right (H4) Sea Trucks Ltd. Anigboro (2001) 1 KLR (pt. 114) 137; (2001) 2 NWLR (Pt. 696) 159

COURTS - Hearing in chambers - Based on consent of both counsel - Contrary to mandatory statutory provision - The proceedings and judgment - Are a nullity (H5) Menakaya v. Menakaya (2001) 9/10 KLR (pt. 129) 3037; (2001) 16 NWLR (Pt. 738) 203

COURTS - High Court - Jurisdiction - Ouster clause - Proceedings before a tribunal - Ouster of jurisdiction of High Court - Should not preclude it from determining - Whether the proceedings in question

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

- Comes within the scope of power conferred by the enabling statute (H4) Miscellaneous Offences Tribunal v. Okoroafor (2001) 9/10 KLR (pt. 129) 3233; (2001) 18 NWLR (Pt. 745) 295

COURTS - Interlocutory matter - Pronouncement touching on the main issue - That was only a reflection of the court - Would not inhibit a court - That has to determine the real issues between the parties (H8) Miscellaneous Offences Tribunal v. Okoroafor (2001) 9/10 KLR (pt. 129) 3233; (2001) 18 NWLR (Pt. 745) 295

COURTS - Issue - Not placed before the Court - The court has no business dealing with it (H9) Abbas v. Solomon (2001) 7 KLR (pt. 126) 2549; (2001) 15 NWLR (Pt. 735) 144

COURTS - Issue - Error of court - Issues not arising - The courts below fell into error - To have insisted on the proof of an issue - Which did not arise before the court (H2) Adeniran v. Alao (2001) 12 KLR (pt. 131) 3669; (2001) 18 NWLR (Pt. 745) 361

COURTS - Issues - Evidence - Trial judge was in error - To have based his conclusion - On facts neither pleaded nor testified to in evidence - By the parties (H1) Nteogwuile v. Otuo (2001) 6 KLR (pt. 125) 2205; (2001) 16 NWLR (Pt. 738) 58

COURTS - Issues - Suo motu raising of issues - Did not arise in this case - Court of Appeal merely pronounced its own view - On the issue fully argued by the parties (H1) Tinubu v. I.M.B. Securities Ltd. (2001) 9/10 KLR (pt. 129) 3087; (2001) 16 NWLR (Pt. 740) 670

COURTS - Judgments - Delivery - Failure to communicate delivery date to a party - Is a mere irregularity - With no effect on substance of the judgment - Or jurisdiction of the matter (H5) Chime v. Chime (2001) 1 KLR (pt. 114) 269; (2001) 3 NWLR (Pt. 701) 527

COURTS - Judgments - Pleadings - It is not for a court to speculate what defences - May have been available to a defendant (H11) Offoboche v. Ogoja L.G. (2001) 7 KLR (pt. 128) 2843; (2001) 16

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

NWLR (Pt. 739) 458

COURTS - Judgments - Slips or error - Can be corrected by the court - As such slips - Will not undermine or derogate from a good judgment (H2) Odofin v. Oni (2001) 1 KLR (pt. 114) 303; (2001) 3 NWLR (Pt. 701) 488

COURTS - Jurisdiction - Cause of action - Which arose before the jurisdiction of the court is ousted - Any further hearing of the matter is null and void - Because any decision it makes amounts to nothing (H5) Isaiah v. Shell Petroleum Ltd. (2001) 5 KLR (pt. 122) 1631; (2001) 11 NWLR (Pt. 723) 168

COURTS - Jurisdiction - Departure from endorsed claim - Gives rise to new cause of action - For which the court's jurisdiction has not been invoked (H2) Adenuga v. Odumeru (2001) 1 KLR (pt. 114) 197; (2001) 2 NWLR (Pt. 696) 184

COURTS - Jurisdiction - Ouster - By a statute - The courts are obliged to uphold the ouster of its jurisdiction (H2) Miscellaneous Offences Tribunal v. Okoroafor (2001) 9/10 KLR (pt. 129) 3233; (2001) 18 NWLR (Pt. 745) 295

COURTS - Jurisdiction - Ouster Clause - Ordinary meaning is to be applied - As courts jealously guard their jurisdiction (H3) Nig. Engineering Works Ltd. v. Denap Ltd. (2001) 12 KLR (pt. 130) 33; (2001) 18 NWLR (Pt. 746) 726

COURTS - Jurisdiction - Ouster provisions of a statute - Court reserves the right to consider - Whether the ouster clause ought to be obeyed (H3) Miscellaneous Offences Tribunal v. Okoroafor (2001) 9/10 KLR (pt. 129) 3233; (2001) 18 NWLR (Pt. 745) 295

COURTS - Jurisdiction - Reliefs - Since they are not related to a claim before the court - Court is incompetent and has no jurisdiction to hear it (H5) Adenuga v. Odumeru (2001) 1 KLR (pt. 114) 197;

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(2001) 2 NWLR (Pt. 696) 184

COURTS - Language of the court - Documents in language other than English - Before they can be properly tendered and used in evidence - Must be duly translated - And the judge cannot on his own engage in the interpretation (H8) Ojengbede v. Esan (2001) 12 KLR (pt. 131) 3531; (2001) 18 NWLR (Pt. 746) 771

COURTS - Legal practitioner - Authority of Counsel - At the trial of an action- Extends when it is not expressly limited - To the whole of the court action - But it does not fetter the discretion of the court (H9) Vulcan Gases Ltd. v. Gasellschaft Fur Industries (2001) 5 KLR (pt. 121) 1437; (2001) 9 NWLR (Pt. 719) 610

COURTS - Non suit - Civil proceedings - Balance of probabilities as basis for judgment - Overwhelming evidence - Makes order of non suit improper (H2) Nsirim v. Onuma Construction Co. Ltd. (2001) 3 KLR (pt. 118) 853; (2001) 7 NWLR (Pt. 713) 742

COURTS - Pleadings - Binding nature of on court and the parties - Court must not stray away from the pleadings - To deal with issues not properly before it (H1) Adeniran v. Alao (2001) 12 KLR (pt. 131) 3669; (2001) 18 NWLR (Pt. 745) 361

COURTS - Principle in Kojo II v. Bonsie - Should not be applied - If the conditions for its application are not present (H5) Olatunde v. Abidogun (2001) 12 KLR (pt. 131) 3653; (2001) 18 NWLR (Pt. 746) 712

COURTS - Review and evaluation of evidence - Distinction between the two - The duty was property discharged by trial court (H6) Abidoye v. Alawode (2001) 3 KLR (pt. 118) 917; (2001) 6 NWLR (Pt. 709) 463

COURTS - Special procedure - Non compliance with - Where a special procedure is prescribed for the enforcement of a particular right or remedy - Non Compliance with such a procedure is fatal to the

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

enforcement of the remedy (H3) Dongtoe v. Civil Service Commission Plateau State (2001) 4 KLR (pt. 120) 1239; (2001) 9 NWLR (Pt. 717) 132

COURTS - Suo motu issues - Appeal - Trial judge was in error - To raise suo motu issues - And use it against a party - Without hearing from the parties (H4) Nteogwuile v. Otuo (2001) 6 KLR (pt. 125) 2205; (2001) 16 NWLR (Pt. 738) 58

COURTS - Suo motu issues - May be raised by the court - But court must not base its decision thereon - Without inviting the parties to address it on such issues (H1) Hambe v. Hueze (2001) 2 KLR (pt. 115) 437; (2001) 4 NWLR (Pt. 703) 372

COURTS - Suo motu issues - Must not be raised by the court - And resolved without hearing the parties (H5) Abimbola v. Abatan (2001) 4 KLR (pt. 120) 1149; (2001) 9 NWLR (Pt. 717) 66

COURTS - Technicalities - Court are more concerned with doing substantial justice - And concern themselves with the substance and not the form (H3) Psychiatric Hospitals Board v. Edosa (2001) 2 KLR (pt. 116) 3531; (2001) 5 NWLR (Pt. 707) 612

COURTS - Witnesses - Disbelieving of - A trial judge is at liberty - To disbelieve some portion of a witness's testimony - While believing his unaffected evidence (H14) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

CRIMINAL LAW - Appeals - Criminal defences - Concurrent findings - That defence of accident failed - Will not be disturbed - As there was no miscarriage of justice (H2) Amayo v. State (2001) 12 KLR (pt. 130) 3551; (2001) 18 NWLR (Pt. 745) 251

CRIMINAL LAW - Applicability of a statute - S. 12 (4) Criminal Code Laws of Lagos State - Cannot avail the appellant - As the place of death of the accused - Was not certain (H7) Adeniji v. State (2001) 5 KLR (pt. 123) 1799; (2001) 13 NWLR (Pt. 730) 375

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

CRIMINAL LAW - Attempted offence - Meaning - The end to which the accused arrived - Must have been substantially attained - But for unanticipated intervention (H4) Jegede v. State (2001) 7 KLR (pt. 126) 2527; (2001) 14 NWLR (Pt. 733) 264

CRIMINAL LAW - Banking - Master & servant - Banking malpractices irregularities and dishonest practices - Of which appellant was guilty - Does not constitute any offence known to our criminal law (H3) Olarewaju v. Afribank Nig. Plc. (2001) 7 KLR (pt. 126) 2395; (2001) 13 NWLR (Pt. 731) 691

CRIMINAL LAW - Common intention - Its proof may be inferred - From circumstances described in the evidence - And not only from the express agreement of the accused persons (H5) Alarape v. State (2001) 2 KLR (pt. 116) 543; (2001) 5 NWLR (Pt. 705) 79

CRIMINAL LAW - Common intention - Test for liability under - S.8 Criminal Code Law of Ogun State 1978 - Is whether the act is a probable consequence - Of the prosecution of the joint unlawful act or common intention (H6) Alarape v. State (2001) 2 KLR (pt. 116) 543; (2001) 5 NWLR (Pt. 705) 79

CRIMINAL LAW - Corroboration - Classes of criminal cases - In which corroboration is required (H7) Iko v. State (2001) 7 KLR (pt. 126) 2419; (2001) 14 NWLR (Pt. 732) 221

CRIMINAL LAW - Criminal defences - Defence of mens rea or accident s. 24 CC - What is required - To prove each arm of the defences under s. 24 (H1) Amayo v. State (2001) 12 KLR (pt. 130) 3551; (2001) 18 NWLR (Pt. 745) 251

CRIMINAL LAW - Culpable Homicide - Eye witness evidence - Must be clear and unequivocal - As to opportunity of seeing the accused (H3) Dogo v. State (2001) 1 KLR (pt. 114) 329; (2001) 3 NWLR (Pt. 699) 192

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

CRIMINAL LAW - Culpable Homicide - Eye witness evidence - Unresolved contradictions and inconsistencies - Would entitle accused to benefit of doubt (H2) Dogo v. State (2001) 1 KLR (pt. 114) 329; (2001) 3 NWLR (Pt. 699) 192

CRIMINAL LAW - Insanity - Implication of raising the defence - It is prima facie an acceptance of the act complained of (H3) Madjemu v. State (2001) 5 KLR (pt. 121) 1411; (2001) 9 NWLR (Pt. 718) 349

CRIMINAL LAW - Jurisdiction - Place of offence - Where an offence is committed outside Lagos State - And the appellant afterwards enters Lagos State - The entry confers jurisdiction - On the Lagos High Court to try him (H6) Adeniji v. State (2001) 5 KLR (pt. 123) 1799; (2001) 13 NWLR (Pt. 730) 375

CRIMINAL LAW - Murder - Appeals - Unconvincing and unsatisfactory circumstantial evidence - Conviction must be set aside (H6) State v. Ogbubunjo (2001) 1 KLR (pt. 114) 221; (2001) 2 NWLR (Pt. 698) 576

CRIMINAL LAW - Murder - Ingredients of the offence - Must be wholly proved by prosecution - To ground a conviction (H1) State v. Ogbubunjo (2001) 1 KLR (pt. 114) 221; (2001) 2 NWLR (Pt. 698) 576

CRIMINAL LAW - Murder - Intention - Elements required under s. 316 CC - Include proof of intention - Which if not established - Accused will not be convicted (H5) Amayo v. State (2001) 12 KLR (pt. 130) 3551; (2001) 18 NWLR (Pt. 745) 251

CRIMINAL LAW - Rape - Consent - The lower courts rightly held - That there was no consent - Based on the evidence before them (H2) Iko v. State (2001) 7 KLR (pt. 126) 2419; (2001) 14 NWLR (Pt. 732) 221

CRIMINAL LAW - Rape - Contradictions - There were some contradictions - In the evidence of the witnesses - As outlined in this case

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(H3) Iko v. State (2001) 7 KLR (pt. 126) 2419; (2001) 14 NWLR (Pt. 732) 221

CRIMINAL LAW - Rape - Definition and elements of the offence (H1) Iko v. State (2001) 7 KLR (pt. 126) 2419; (2001) 14 NWLR (Pt. 732) 221

CRIMINAL LAW - Rape - Penetration - The lower courts wrongly accepted the evidence of penetration - By the prosecutrix - In the absence of medical or other corroborative evidence (H11) Iko v. State (2001) 7 KLR (pt. 126) 2419; (2001) 14 NWLR (Pt. 732) 221

CRIMINAL LAW - Rape - Penetration - There must be proof of penetration - Which must be linked with the appellant - Before he is convicted (H2) Jegede v. State (2001) 7 KLR (pt. 126) 2527; (2001) 14 NWLR (Pt. 733) 264

CRIMINAL LAW - Rape - Proof - The evidence of the pathologist - Is not sufficient proof - To convict for rape (H1) Jegede v. State (2001) 7 KLR (pt. 126) 2527; (2001) 14 NWLR (Pt. 733) 264

CRIMINAL LAW - Rape - When committed - The offence cannot be said to have been committed - In the circumstances of this case (H3) Jegede v. State (2001) 7 KLR (pt. 126) 2527; (2001) 14 NWLR (Pt. 733) 264

CRIMINAL LAW - Self defence - In a hand to hand fight - Where the accused used a knife and stabbed the other who later died - Self defence is negatived. (H3) Odu v. State (2001) 5 KLR (pt. 122) 1551; (2001) 10 NWLR (Pt. 722) 668

CRIMINAL PROCEDURE - Acquittal - Rape - The contradictions in this case - Are not sufficient by themselves - To entitle the appellant to an acquittal - As they are not material (H4) Iko v. State (2001) 7 KLR (pt. 126) 2419; (2001) 14 NWLR (Pt. 732) 221

CRIMINAL PROCEDURE - Alibi - Consideration of - Any plausible

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

defence raised by the defence - Or arising casually or by the tenor of evidence - Must be considered by the court (H4) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

CRIMINAL PROCEDURE - Alibi - Defence - Failure to investigate or consider the defence - Will lead to quashing a conviction on appeal - If it has occasioned a miscarriage of justice (H5) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

CRIMINAL PROCEDURE - Alibi - Defence of - Was rightly rejected by court - Because of the credible witnesses that identified the appellants at the scene of crime - And the roles they played at the scene (H7) Awopejo v. State (2001) 12 KLR (pt. 131) 3579; (2001) 18 NWLR (Pt. 745) 430

CRIMINAL PROCEDURE - Alibi - Failure to investigate - Consequence - Where there is positive evidence which cancels the alibi - Failure to investigate the alibi - Would not be fatal to conviction (H1) Odu v. State (2001) 5 KLR (pt. 122) 1551; (2001) 10 NWLR (Pt. 722) 668

CRIMINAL PROCEDURE - Alibi - Meaning of (H3) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

CRIMINAL PROCEDURE - Alibi - Onus - Of establishing the defence - Is on the accused - Even if the police has failed to investigate the observation (H2) Odu v. State (2001) 5 KLR (pt. 122) 1551; (2001) 10 NWLR (Pt. 722) 668

CRIMINAL PROCEDURE - Alibi - Places an onus on prosecution - To prove beyond reasonable doubt - The presence of the accused at the scene of the offence (H4) Dogo v. State (2001) 1 KLR (pt. 114) 329; (2001) 3 NWLR (Pt. 699) 192

CRIMINAL PROCEDURE - Alibi - Proof - Once the plaintiff has furnished information of his whereabouts - The burden shifts to the prosecution to disprove the defence (H9) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

CRIMINAL PROCEDURE - Alibi - Success of - Is based on accused furnishing comprehensive particulars of his whereabouts on the crucial day - Which must be capable of investigation by the police (H6) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

CRIMINAL PROCEDURE - Alibi - Timing - It must be timely raised - To enable the police investigate it - And cannot be raised first at the trial in court (H7) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

CRIMINAL PROCEDURE - Alibi - Vagueness of - Where the alibi consist of vague accounts - Devoid of material facts capable of investigation - It cannot avail an accused person (H8) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

CRIMINAL PROCEDURE - Appeals - Issues - Defences raised - Which are not contained in the issues for determination - Will not be considered (H3) Akpan v. State (2001) 7 KLR (pt. 127) 2767; (2001) 15 NWLR (Pt. 737) 745

CRIMINAL PROCEDURE - Arraignment - A valid arraignment must satisfy certain requirements - As set out in the judgment (H1) Adeniji v. State (2001) 5 KLR (pt. 123) 1799; (2001) 13 NWLR (Pt. 730) 375

CRIMINAL PROCEDURE - Arraignment - All the conditions for its validity - Must be satisfied as shown by the record of trial - And nothing should be left to speculation (H2) Adeniji v. State (2001) 5 KLR (pt. 123) 1799; (2001) 13 NWLR (Pt. 730) 375

CRIMINAL PROCEDURE - Arraignment - Not every requirement for its validity - Must appear on the record - And the judge need not record his satisfaction - As to the reading and explanation of the charge to the accused (H3) Adeniji v. State (2001) 5 KLR (pt. 123) 1799; (2001) 13 NWLR (Pt. 730) 375

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

CRIMINAL PROCEDURE - Arraignment - The plea of the accused - Was taken without explaining the charge to him - In the only language he understands - And the trial was therefore null and void (H1) Rufai v. State (2001) 7 KLR (pt. 128) 2981; (2001) 13 NWLR (Pt. 731) 719

CRIMINAL PROCEDURE - Arraignment - Validity - The omission of the trial judge - To state that he was satisfied that the appellant understood the charge - Would not constitute non compliance - With the constitutional and procedural requirement (H5) Adeniji v. State (2001) 5 KLR (pt. 123) 1799; (2001) 13 NWLR (Pt. 730) 375

CRIMINAL PROCEDURE - Arraignment - Where the accused understands the language of the court - The need to record that the charge was read to him - In a language he understands - Is obviated (H4) Adeniji v. State (2001) 5 KLR (pt. 123) 1799; (2001) 13 NWLR (Pt. 730) 375

CRIMINAL PROCEDURE - Burden of proof - Admission of guilt - Where there is an admission of guilt - The question of establishing the legal burden of proof no longer arises (H5) Dongtoe v. Civil Service Commission Plateau State (2001) 4 KLR (pt. 120) 1239; (2001) 9 NWLR (Pt. 717) 132

CRIMINAL PROCEDURE - Burden of proof - Lies without exception on the prosecution - To prove the offence beyond reasonable doubt (H5) Oduneye v. State (2001) 1 KLR (pt. 114) 355; (2001) 2 NWLR (Pt. 697) 311

CRIMINAL PROCEDURE - Charges - Criminal Procedure Rules 1970 - Abridgment of the provision of the Rules - Did not amount to a denial of right to fair hearing (H3) Awopejo v. State (2001) 12 KLR (pt. 131) 3579; (2001) 18 NWLR (Pt. 745) 430

CRIMINAL PROCEDURE - Charges - Discrepancies between charges and evidence - The discrepancies did not mislead the appellant in

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

any way - And was therefore not fatal (H4) Awopejo v. State (2001) 12 KLR (pt. 131) 3579; (2001) 18 NWLR (Pt. 745) 430

CRIMINAL PROCEDURE - Circumstantial Evidence - In the absence of any satisfactory explanation - To the evidence led at trial - The trial judge was justified - In inferring the existence of a guilty intent - And returning a finding of guilty - Based on the circumstantial evidence (H8) Adeniji v. State (2001) 5 KLR (pt. 123) 1799; (2001) 13 NWLR (Pt. 730) 375

CRIMINAL PROCEDURE - Circumstantial Evidence - Nature - Evidence of surrounding circumstances - If not capable of proving a proposition with accuracy of mathematics - Cannot establish an offence beyond reasonable doubt (H3) State v. Ogbunbunjo (2001) 1 KLR (pt. 114) 221; (2001) 2 NWLR (Pt. 698) 576; (2001) 2 NWLR (Pt. 698) 576

CRIMINAL PROCEDURE - Circumstantial Evidence - On the facts of the case - No coexisting circumstances exist - To whittle down the cogency - Of the circumstantial evidence led in the case (H3) Nweke v. State (2001) 2 KLR (pt. 115) 501; (2001) 4 NWLR (Pt. 704) 588

CRIMINAL PROCEDURE - Common intention - Being armed with a gun - For an illegal operation - Shows a common intention to use force - If necessary to effect the common design (H8) Alarape v. State (2001) 2 KLR (pt. 116) 543; (2001) 5 NWLR (Pt. 705) 79

CRIMINAL PROCEDURE - Common Intention - Once established - All involved parties are responsible for any offence - Which is a probable consequence of the execution of their common intention (H7) Alarape v. State (2001) 2 KLR (pt. 116) 543; (2001) 5 NWLR (Pt. 705) 79

CRIMINAL PROCEDURE - Confessional statement - If resiled or denied - Is not ipso facto inadmissible (H1) Alarape v. State (2001) 2 KLR (pt. 116) 543; (2001) 5 NWLR (Pt. 705) 79

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

CRIMINAL PROCEDURE - Confessional statement - Is sufficient to ground and support conviction - Without corroboration - If court is satisfied of its truth (H2) Alarape v. State (2001) 2 KLR (pt. 116) 543; (2001) 5 NWLR (Pt. 705) 79

CRIMINAL PROCEDURE - Confessional statement - Resiled from - Such statements must be considered - Along with other evidence - Before deciding whether or not - The statement was made (H3) Hassan v. State (2001) 7 KLR (pt. 127) 2789; (2001) 15 NWLR (Pt. 735) 184

CRIMINAL PROCEDURE - Confessional statement - Resiled from - The trial judge rightly decided - That the accused made the statement - After meticulously considering it - Along side other evidence (H4) Hassan v. State (2001) 7 KLR (pt. 127) 2789; (2001) 15 NWLR (Pt. 735) 184

CRIMINAL PROCEDURE - Confessional statement - Test for its veracity - Is by seeking any other evidence - That makes its truth probable (H3) Alarape v. State (2001) 2 KLR (pt. 116) 543; (2001) 5 NWLR (Pt. 705) 79

CRIMINAL PROCEDURE - Confessional statements - Conviction - An accused can be convicted - On his confessions alone - When certain conditions are met - Even if the confession is retracted (H1) Hassan v. State (2001) 7 KLR (pt. 127) 2789; (2001) 15 NWLR (Pt. 735) 184

CRIMINAL PROCEDURE - Confessions - Failure of trial court - The Court of Appeal rightly relied on the confessions - Though the trial court did not do so - Due to a misapplication of the law (H8) Akpan v. State (2001) 7 KLR (pt. 127) 2767; (2001) 15 NWLR (Pt. 737) 745

CRIMINAL PROCEDURE - Contradiction - Complained of - Is an inconsequential discrepancy rightly overlooked by the court of Appeal (H10) Oduneye v. State (2001) 1 KLR (pt. 114) 355; (2001) 2

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

NWLR (Pt. 697) 311

CRIMINAL PROCEDURE - Contradictions in evidence - For the contradiction to affect the decision of court - It must be material and fundamental in the determination of guilt (H6) Awopejo v. State (2001) 12 KLR (pt. 131) 3579; (2001) 18 NWLR (Pt. 745) 430

CRIMINAL PROCEDURE - Contradictions - Only contradictions that go to the substance & materiality of facts or facts in issue - Are fatal to the prosecutions case (H9) Oduneye v. State (2001) 1 KLR (pt. 114) 355; (2001) 2 NWLR (Pt. 697) 311

CRIMINAL PROCEDURE - Conviction - Based on circumstantial evidence - Is permitted - But the evidence relied on must be narrowly considered (H5) Ijioffor v. State (2001) 4 KLR (pt. 120) 1345; (2001) 9 NWLR (Pt. 718) 371

CRIMINAL PROCEDURE - Conviction for lesser offence - Homicide - Though not established - Appellant is guilty of causing hurt by dangerous means s. 248(1) PC (H6) Ahmed v. State (2001) 12 KLR (pt. 130) 33; (2001) 18 NWLR (Pt. 746) 622

CRIMINAL PROCEDURE - Evidence - Confession - Trial within trial - Burden of proof shifts to the accused - Only if he alleges some irregularity within his knowledge (H2) Emeka v. State (2001) 6 KLR (pt. 125) 2189; (2001) 14 NWLR (Pt. 734) 666

CRIMINAL PROCEDURE - Evidence - Confessional statement - Admissibility - Denial of making a confessional statement by an accused person - Is not sufficient ground to reject its admissibility in evidence (H1) Madjemu v. State (2001) 5 KLR (pt. 121) 1411; (2001) 9 NWLR (Pt. 718) 349

CRIMINAL PROCEDURE - Evidence - Confessional statement - Retraction - Where an accused is merely disputing the correctness of contents of the written statement - It is not necessary to have a trial within trial (H2) Madjemu v. State (2001) 5 KLR (pt. 121) 1411;

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(2001) 9 NWLR (Pt. 718) 349

CRIMINAL PROCEDURE - Evidence - Defence of insanity - Proof - An accused who seeks to avail himself of the defence - What he must prove to succeed (H4) Madjemu v. State (2001) 5 KLR (pt. 121) 1411; (2001) 9 NWLR (Pt. 718) 349

CRIMINAL PROCEDURE - Evidence - Murder - Voluntary statement of appellant implicated him in the murder - But cannot incriminate his co-accused - In the absence of corroboration (H1) Emeka v. State (2001) 6 KLR (pt. 125) 2189; (2001) 14 NWLR (Pt. 734) 666

CRIMINAL PROCEDURE - Evidence - Witnesses - Prosecution must call any material or indispensable witness even if not favourable to its case - Or if not raise a doubt which must be resolved in favour of the defence (H7) Oduneye v. State (2001) 1 KLR (pt. 114) 355; (2001) 2 NWLR (Pt. 697) 311

CRIMINAL PROCEDURE - Expert Evidence - Opinion evidence - Is rightly rejected if it is inconsistent with the evidence at trial (H2) Nweke v. State (2001) 2 KLR (pt. 115) 501; (2001) 4 NWLR (Pt. 704) 588

CRIMINAL PROCEDURE - Extra judicial statements - Error of lower court in considering them - Cannot vitiate a judgment unless miscarriage of justice is occasioned thereby (H9) State v. Ogbunbunjo (2001) 1 KLR (pt. 114) 221; (2001) 2 NWLR (Pt. 698) 576

CRIMINAL PROCEDURE - Extra judicial statements - Not tendered and admitted in evidence at trial - Was wrongly considered (H7) State v. Ogbunbunjo (2001) 1 KLR (pt. 114) 221; (2001) 2 NWLR (Pt. 698) 576

CRIMINAL PROCEDURE - Extra judicial statements - Inconsistency Rule - As enunciated in the cases - Does not apply to retracted extra judicial confessions - But applies to extra judicial statements which are not confessions (H4) Akpan v. State (200) 7 KLR (pt. 127) 2767; (2001) 15 NWLR (Pt. 737) 745

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

CRIMINAL PROCEDURE - Homicide - Conviction - Proof beyond reasonable doubt Where not established Mere speculation or suspicion - Cannot ground conviction (H5) Ahmed v. State (2001) 12 KLR (pt. 130) 33; (2001) 18 NWLR (Pt. 746) 622

CRIMINAL PROCEDURE - Identification evidence - Was rightly discountenanced by the trial judge - As the witness failed to identify appellant - In her earlier statement to the police (H1) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

CRIMINAL PROCEDURE - Identification - Murder - Where appellant did not contest - That PW1 knew him very well - Concurrent finding of fact on his identification - Will not be disturbed (H1) Olalekan v. State (2001) 12 KLR (pt. 130) 3401; (2001) 18 NWLR (Pt. 746) 793

CRIMINAL PROCEDURE - Interpreted document - Admissibility - Interpreter's testimony - That does not disclose questions asked and the language - Makes the document inadmissible (H3) Olalekan v. State (2001) 12 KLR (pt. 130) 3401; (2001) 18 NWLR (Pt. 746) 793

CRIMINAL PROCEDURE - Interpreter - Of appellant's Statement - Should give detailed evidence - To avoid making the recorded statement hearsay (H2) Olalekan v. State (2001) 12 KLR (pt. 130) 3401; (2001) 18 NWLR (Pt. 746) 793

CRIMINAL PROCEDURE - Joint trial - Evidence - As the evidence of the 4th accused - Which led to his acquittal - Was different from that of the other accused persons - Their conviction was proper (H10) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

CRIMINAL PROCEDURE - Murder - Cause of death - Proof - By Medical evidence - Is not essential in certain circumstances (H10) Alarape v. State (2001) 2 KLR (pt. 116) 543; (2001) 5 NWLR (Pt.

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

705) 79

CRIMINAL PROCEDURE - Murder - Conviction - Burden of proof - There must be proof beyond reasonable doubt - For conviction to stand (H10) State v. Ogbubunjo (2001) 1 KLR (pt. 114) 221; (2001) 2 NWLR (Pt. 698) 576

CRIMINAL PROCEDURE - Murder - Conviction - Can be based on circumstantial evidence - In the absence of eye witnesses (H11) Udoebre v. State (2001) 6 KLR (pt. 124) 1945; (2001) 12 NWLR (Pt. 728) 617

CRIMINAL PROCEDURE - Murder - Identification of corpse - Will be sustained despite error in witness's testimony - If sufficient identification is established - And there is no miscarriage of justice (H4) Nweke v. State (2001) 2 KLR (pt. 115) 501; (2001) 4 NWLR (Pt. 704) 588

CRIMINAL PROCEDURE - Murder - Identification of deceased - Where the identity of the deceased can be inferred from the circumstances of the case - There is no need to call the person who identified the corpse to the doctor - As witness (H1) Awopejo v. State (2001) 12 KLR (pt. 131) 3579; (2001) 18 NWLR (Pt. 745) 430

CRIMINAL PROCEDURE - Murder - Medical evidence - Absence of -Nature of injury and instantaneous death - Absence of the corpus delicti - Are circumstances that may lead to the inference of murder - Without medical evidence (H3) Ahmed v. State (2001) 12 KLR (pt. 130) 33; (2001) 18 NWLR (Pt. 746) 622

CRIMINAL PROCEDURE - Murder - Medical evidence - Where necessary - Identity of the corpse must be certain - As any doubt will defeat prosecutor's case (H3) Amayo v. State (2001) 12 KLR (pt. 130) 3551; (2001) 18 NWLR (Pt. 745) 251

CRIMINAL PROCEDURE - Murder - Proof - Injury - Reliance on without medical evidence - Depends on surrounding circumstances -

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

And clear description of the injury (H4) Ahmed v. State (2001) 12 KLR (pt. 130) 33; (2001) 18 NWLR (Pt. 746) 622

CRIMINAL PROCEDURE - Onus of proof - For the prosecution is proof beyond reasonable doubt - And for accused preponderance of probability to exculpate herself from the accusation (H4) Psychiatric Hospitals Board v. Edosa (2001) 2 KLR (pt. 116) 3531; (2001) 5 NWLR (Pt. 707) 612

CRIMINAL PROCEDURE - Plea - Non compliance with the provisions of the law - As to plea taking - Will vitiated a trial and render it null and void (H2) Tobby v. State (2001) 4 KLR (pt. 119) 1137; (2001) 10 NWLR (Pt. 720) 23

CRIMINAL PROCEDURE - Plea - Requirements of a valid plea - Must be strictly complied with - In criminal trials (H1) Tobby v. State (2001) 4 KLR (pt. 119) 1137; (2001) 10 NWLR (Pt. 720) 23

CRIMINAL PROCEDURE - Proof - Beyond reasonable doubt - Where the evidence against each of the accused persons is overwhelming - And there is no special ground which would establish any doubt as to their guilt - The prosecution has proved its case beyond reasonable doubt (H4) Odu v. State (2001) 5 KLR (pt. 122) 1551; (2001) 10 NWLR (Pt. 722) 668

CRIMINAL PROCEDURE - Proof - Beyond reasonable doubt - Circumstantial evidence - Conviction based on circumstantial evidence - Is proof beyond reasonable doubt in this case (H8) Ijioffor v. State (2001) 4 KLR (pt. 120) 1345; (2001) 9 NWLR (Pt. 718) 371

CRIMINAL PROCEDURE - Rape - Penetration - No matter how slight is sufficient to constitute the offence - And if not proved - The prosecution must fail (H10) Iko v. State (2001) 7 KLR (pt. 126) 2419; (2001) 14 NWLR (Pt. 732) 221

CRIMINAL PROCEDURE - Retrial - Where trial of the appellant was nullified - Proper order to make is for a fresh trial (H2) Rufai v. State

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(2001) 7 KLR (pt. 128) 2981; (2001) 13 NWLR (Pt. 731) 719

CRIMINAL PROCEDURE - Witnesses - As conviction can be based on evidence of a sole witness - The prosecution is not required to call every eye witness to the offence - Even when they are described as material witnesses (H6) Oduneye v. State (2001) 1 KLR (pt. 114) 355; (2001) 2 NWLR (Pt. 697) 311

CRIMINAL PROCEDURE - Witnesses - Material or indispensable witness - A person does not become such a witness - If there is no nexus and if his evidence would not be helpful - In getting at the truth (H8) Oduneye v. State (2001) 1 KLR (pt. 114) 355; (2001) 2 NWLR (Pt. 697) 311

CRIMINAL PROCEDURE - Witnesses - Prosecution's duty - Lies in calling such witnesses - Required to establish the case (H7) Ijioffor v. State (2001) 4 KLR (pt. 120) 1345; (2001) 9 NWLR (Pt. 718) 371

CROSS EXAMINATION - Absence of pleading - Company meeting minutes - As the issue was not pleaded - But merely arose in cross examination - It goes to no issue (H3) Nsirim v. Onuma Construction Co. Ltd. (2001) 3 KLR (pt. 118) 853; (2001) 7 NWLR (Pt. 713) 742

CROSS EXAMINATION - Pleadings - Evidence - Which is not material - To any issue raised by the pleading - May be disregarded - Even though obtained in cross examination (H2) Kayode v. Odutola (2001) 5 KLR (pt. 123) 1861; (2001) 11 NWLR (Pt. 725) 659

CROSS EXAMINATION - Pleadings - The admission obtained - From the defendant during cross examination - Went to negative his own pleaded fact - And was therefore admissible - Though not pleaded by the plaintiff (H3) Kayode v. Odutola (2001) 5 KLR (pt. 123) 1861; (2001) 11 NWLR (Pt. 725) 659

CUSTOMARY LAW - Arbitration - Customary arbitration - Conditions for a valid customary arbitration - Were not fulfilled in this case (H4) Odonigi v. Oyeleke (2001) 2 KLR (pt. 116) 625; (2001) 6

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

NWLR (Pt. 708) 12

CUSTOMARY LAW - Arbitration - Customary arbitration - Validity of - Ingredients that must be pleaded and proved (H5) Eke v. Okwaranyia (2001) 4 KLR (pt. 120) 1181; (2001) 12 NWLR (Pt. 726) 181

CUSTOMARY LAW - Arbitration - Estoppel - Customary arbitrations are recognized as judicial proceedings - Capable of creating estoppel per rem judicatam - If some conditions are satisfied (H3) Odonigi v. Oyeleke (2001) 2 KLR (pt. 116) 625; (2001) 6 NWLR (Pt. 708) 12

CUSTOMARY LAW - Chieftaincy declaration - Which is registered - And made pursuant to the law - Is proof of the customary law - In relation to that chieftaincy (H4) Oyefolu v. Durosinmi (2001) 7 KLR (pt. 128) 2997; (2001) 16 NWLR (Pt. 738) 1

CUSTOMARY LAW - Courts - Actions - Representative action - Meaning of a representative - It must be apparent on the record - That the suit is defended on behalf of one's family (H3) Okukuje v. Akwido (2001) 1 KLR (pt. 113) 1; (2001) 3 NWLR (Pt. 700) 261

CUSTOMARY LAW - Customary arbitration - Submission to arbitration - Where a party submitted to arbitration - He is bound of the result of he arbitration (H2) Ekpe v. Oke (2001) 5 KLR (pt. 121) 1505; (2001) 10 NWLR (Pt. 721) 341

CUSTOMARY LAW - Customary court's decisions - Interpretation of - Focus should be on substance and not the form - And there should be no reliance on technicalities (H7) Odofin v. Oni (2001) 1 KLR (pt. 114) 303; (2001) 3 NWLR (Pt. 701) 488

CUSTOMARY LAW - Customary court's decisions - Interpretation of - Where restrictively interpreted - Breach of guidelines - Judgment should be reversed (H8) Odofin v. Oni (2001) 1 KLR (pt. 114) 303; (2001) 3 NWLR (Pt. 701) 488

CUSTOMARY LAW - Evidence - Consideration of - Having declared

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

the Exhibits of "no moment" for non registration - The trial judge adopted the right approach - In considering evidence of the relevant customary laws (H6) Jekpe v. Alokwe (2001) 4 KLR (pt. 119) 985; (2001) 8 NWLR (Pt. 715) 252

CUSTOMARY LAW - Grant of land - Acts of ownership over the land - Can only be exercised according to the terms of the grant (H3) Ekpe v. Oke (2001) 5 KLR (pt. 121) 1505; (2001) 10 NWLR (Pt. 721) 341

CUSTOMARY LAW - Grant of land - By the chief and head of the family - With the concurrence of principal members - Is valid (H2) Temile v. Awani (2001) 6 KLR (pt. 125) 2159; (2001) 12 NWLR (Pt. 728) 726

CUSTOMARY LAW - Joint tenancy - Joint acquisition of property - Subject to customary law - Does not create joint tenancy in the meaning in which the term is known at common law (H4) Obasohan v. Omorodion (2001) 7 KLR (pt. 128) 3015; (2001) 13 NWLR (Pt. 729) 206

CUSTOMARY LAW - Judicial notice - Notoriety of custom - Doctrine of priority under Bini customary law fulfils the condition (H1) Ojo v. Azama (2001) 1 KLR (pt. 113) 81; (2001) 4 NWLR (Pt. 702) 57

CUSTOMARY LAW - Land law - Customary tenancy - An absolute grant of land - Not limited by any condition - Is inconsistent with customary tenancy - As in this case (H3) Abimbola v. Abatan (2001) 4 KLR (pt. 120) 1149; (2001) 9 NWLR (Pt. 717) 66

CUSTOMARY LAW - Land law - Customary Tenancy - May be established - Without the payment of tribute (H2) Abimbola v. Abatan (2001) 4 KLR (pt. 120) 1149; (2001) 9 NWLR (Pt. 717) 66

CUSTOMARY LAW - Land law - Fresh suit - Declaration of title - Obtained in a Native Court suit without a plan - The plaintiff is entitled to now seek a declaration tied to a plan (H6) Ikeni v. Efamo

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS

(2001) 5 KLR (pt. 122) 1603; (2001) 10 NWLR (Pt. 720) 1

CUSTOMARY LAW - Land law - Title - Where family land is involved - Plaintiff must trace his title to the family - To succeed in his action for declaration of title (H8) Temile v. Awani (2001) 6 KLR (pt. 125) 2159; (2001) 12 NWLR (Pt. 728) 726

CUSTOMARY LAW - Land subject to customary law - S. 63(2) of the Property and Conveyancing Law - And s. 5 (3) of the Administration of Estate Law - Do not apply to land subject to customary law (H3) Obasohan v. Omorodion (2001) 7 KLR (pt. 128) 3015; (2001) 13 NWLR (Pt. 729) 206

CUSTOMARY LAW - Land Use Act - Interpretation of s. 48 - The Act does not set aside existing laws - Including customary law and common law (H5) Obasohan v. Omorodion (2001) 7 KLR (pt. 128) 3015; (2001) 13 NWLR (Pt. 729) 206

CUSTOMARY LAW - Native custom - Kalabari native custom of `'Duein wari fafaa" - Was shown to exist by evidence - And was correctly interpreted (H5) Jack v. Whyte (2001) 3 KLR (pt. 118) 937; (2001) 6 NWLR (Pt. 709) 266

CUSTOMARY LAW - Native or customary courts - Procedure - Courts making use of such courts' decisions - Should allow some latitude in procedure - Provided substantial justice was done (H2) Duru v. Onwumelu (2001) 12 KLR (pt. 130) 3287; (2001) 18 NWLR (Pt. 746) 672

CUSTOMARY LAW - Proof of custom - Appeals - The plaintiff/respondents - Discharged the burden on them - To prove the relevant Itsekiri native law on which they relied (H5) Temile v. Awani (2001) 6 KLR (pt. 125) 2159; (2001) 12 NWLR (Pt. 728) 726

CUSTOMARY LAW - Proof of custom - Burden of proof - Is on the person alleging The existence of the custom - Where the custom is not judicially noticed (H4) Temile v. Awani (2001) 6 KLR (pt. 125)

INDEX OF SUBJECT MATTER ALL SC 2001 DECISIONS