COMPREHENSIVE INDEX TO ALL SUPREME COURT 2002 DECISIONS

ACCIDENTS - Negligence - Proof - Since no evidence was adduced to show that respondent was negligent in fuel explosion - The accident was rightly held to be inevitable (H6) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

ACTIONS - Admiralty - Ship agent - Liability of - Proof - To have a cause of action against the agent - The act or default complained of must be in respect of anything done in Nigeria by the ship - And same must be alleged and proved (H4) M.V. Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

ACTIONS - Allegation of crime - Lack of evidence - Effect - In absence of evidence in regard to the alleged crime - Application for order of mandamus ceased to have any purpose - And court will have no business to discuss same (H11) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

ACTIONS - Appeals - Filing - Applicable laws - Filing of initial appeal is governed by Court of Appeal Act - While filing additional grounds is governed by the Court's rules - Thus noncompliance with the Act is fatal - But noncompliance with the rules is mere irregularity (H2) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

ACTIONS - Appeals - Institution - Juristic personality - Failure to prove - Fate - Since respondent failed to prove juristic personality - The action should be struck out (H4) ACB Plc v. Emostrade Ltd (2002) 4 KLR (pt. 137) 959; (2002) 8 NWLR (Pt. 770) 501

ACTIONS - Appeals - Reliefs claimed - Failure to establish - Effect - Appellant is not entitled to relief awarded it by trial court - Since its claim was not established - Hence Court of Appeal was right to set

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

aside damages awarded by trial court (H12) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

ACTIONS - Cause of action - Lack of - Fate - Since Exhibit A did not provide for consent of parents prior to school fees increment - Plaintiffs have no standing to complain (H4) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

ACTIONS - Cause of action - Nature of - The action is on return of respondent's documents - Hence there is no need to prove commission of crime (H4) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

ACTIONS - Charitable trusts - Proper parties - Attorney-General is a necessary party - As suits instituted by parties other than him will be dismissed (H1) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

ACTIONS - Civil cases - Proof - Onus of - Onus is always on plaintiff to prove his case - To the satisfaction of trial court (H1) Layinka v. Makinde (2002) 5 KLR (pt. 139) 1297; (2002) 10 NWLR (Pt. 775) 358

ACTIONS - Claim - Failure to prove - Effect - Since 6^th defendant failed to prove his entitlement to claim (b) - The same shall be struck out for vagueness (H19) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

ACTIONS - Claim - Proof - Since claim for injunction is not founded on declaration sought - And with no facts in support - The claim must be refused (H3) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

ACTIONS - Claim - Refusal - Basis - Federation account - Claim for account from 1999 and copies thereof - The claim is refused - Since it is wide and impossible to supervise (H6) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

ACTIONS - Claims - Basis - It is clear from claim before court - That Aba Boko is the settlement in dispute - As it is wrong to impute what respondents did not make as their case (H2) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

ACTIONS - Commencement - FEPA Act s.29(2) - Breach - Failure to complain - Since FEPA did not question competence of the suit - It is deemed to have waived protection conferred on it by the statute (H4) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

ACTIONS - Commencement - Presumption of regularity - Plaintiff who commenced action which on the face is competent - Is deemed to have invoked presumed jurisdiction of court (H3) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

ACTIONS - Companies - Right of action - CAMA s. 425 - Liquidator in a winding up by court - Shall have power to bring or defend - Action on behalf of a company (H10) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

ACTIONS - Company law - Actions - Commencement - Proper party - Foss v. Harbottle - Proper plaintiff in action for wrong done to company - Is the company itself (H1) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

ACTIONS - Company law - Foreign companies - Right of action - Since Nigeria is part of comity of nations - Foreign corporations should be granted right - To sue and be sued in Nigerian courts (H1) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

ACTIONS - Constitutional law - Tax revenue - Claim - Refusal - Basis - Claim 5 is refused as there is no claim like s. 162(i)(iv) but rather s. 162(1)(4) - And National Assembly is yet to pass law in respect of the claim (H4) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

ACTIONS - Contracts - Conditional contract - Enforcement - Action cannot be maintained to recover expenses - Incurred during negotiation of such contract (H6) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

ACTIONS - Counter claim - Parties - Non joinder - Effect - Non joinder of all defendants in each counterclaim - Will not defeat the counterclaim (H10) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

ACTIONS - Counterclaim - Evidence - Failure to adduce - Effect - Since 8^th defendant did not aver - That his request for account was refused by plaintiff - The claim shall be dismissed (H21) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

ACTIONS - Court processes - Originating summons - Absence of affidavit - Effect - Without verification by affidavit evidence of facts alleged - The summons is incompetent and liable to be struck out (H1) Keyamo v. House of Assembly Lagos State (2002) 9-10 KLR (pt. 147) 3015; (2002) 18 NWLR (Pt. 799) 605

ACTIONS - Courts - Appeals - Actions - Subject matter - Need to preserve - Court must see that the res is preserved - Especially where execution of successful appeal will be impossible (H3) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

ACTIONS - Courts - Discretion - Exercise of - Basis - Party applying to the court to exercise its discretionary power in his favour - Must put up convincing argument - To show he is entitled to decision applied for (H2) Olumegbon v. Kareem (2002) 5 KLR (pt. 139) 1361

ACTIONS - Courts - Evidence - Evaluation - Correctness of - Trial court rightly evaluated evidence - As plaintiffs are entitled to take advantage of evidence for defendants - That support their case (H4) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

ACTIONS - Courts - Hearing - It is the duty of judge to facilitate the hearing - Of action pending before him (H1) Jonason Triangles Ltd v. Charlesmoh & Partners Ltd (2002) 9-10 KLR (pt. 147) 3001; (2002) 15 NWLR (Pt. 789) 176

ACTIONS - Courts - Issues - Binding nature of - Court cannot grant party relief not sought - As it has no jurisdiction to set up different or new case - For parties (H5) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

ACTIONS - Courts - Issues - Binding nature of - Resolution - Court must limit itself to issues at stake - And should refrain from indulging in extraneous matters (H2) ACB Plc v. Emostrade Ltd (2002) 4 KLR (pt. 137) 959; (2002) 8 NWLR (Pt. 770) 501

ACTIONS - Courts - Justice delivery - Courts should aim at doing substantial justice And allow formal amendments - Necessary for achievement of justice (H2) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

ACTIONS - Courts - Land law - Locus in quo - Visit to - Exercise of discretion - Order to conduct the visit in action de novo is inappropriate - As new trial judge has discretion whether or not to conduct such visit (H7) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

ACTIONS - Crime - Allegation of - Standard of proof - By s. 138(1) Evidence Act - Where commission of crime by a party is in issue - Such must be proved beyond reasonable doubt (H5) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

ACTIONS Crime - Proof Standard of - As crime was not directly in issue - Standard of proof required is on balance of probability - Or preponderance of evidence (H6) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

ACTIONS - Cross action - Proof - Burden of - Defendants who were plaintiffs in the cross action - Had equal burden as plaintiffs in main action - To prove their case (H5) Orianwo v. Okene (2002) 6 KLR

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

(pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

ACTIONS - Cross action - Proof - Where main action fails - It does not imply that cross action succeeds - Unless findings are made in favour of the cross action (H6) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

ACTIONS - Debt - Commercial law - Basis - The case is not based on admiralty - But on the debt owed by appellant to respondent (H1) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

ACTIONS - Discretionary reliefs - Denial - Where party has been denied the reliefs - On grounds other than grounds of his conduct - The question of his proper or improper behaviour is irrelevant (H7) The Vessel "Leona II" v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

ACTIONS - Estoppel - Res judicata - Applicability - Where a question is determined to finality - Even if such did not determine rights and liabilities in a suit - Doctrine of estoppel will still be applicable (H5) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

ACTIONS - Estoppel by standing by - Application - Person who stands by and sees his battle fought by others - Instead of applying to be joined as defendant - Is bound by the result arising therefrom - And estopped from reopening issues determined therein (H4) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

ACTIONS - Evidence - Number of witness - All parties to an action must not give evidence - As parties are free to pick witnesses - They think can give cogent evidence in proof of their case (H3) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

ACTIONS - Fair hearing - Bias - Issue of bias cannot be raised - Simply because Akintan JCA had participated in earlier case between

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

the parties - On a different issue (H10) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

ACTIONS - Fair hearing - Fundamentality of - Breach of fair hearing nullifies the whole proceedings - No matter how well conducted (H1) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

ACTIONS - Institution - Limitation - By s. 110 Ports Act - Appellant must file suit within 12 months next after default - And must give one month prior notice to respondent (H10) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

ACTIONS - Institution of - By proxy - Competence - Since the agent sued in his principal's name - The Action is deemed properly constituted (H4) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

ACTIONS - Institution of - Proper party - Since the present action was not filed by proper plaintiffs - The same is deemed incompetent (H3) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

ACTIONS - Interlocutory judgments - Correctness of - The judgment is proper - As claims are for unliquidated damages (H1) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

ACTIONS - Judicial precedents - Application for committal - Authorities - Distinction - Okotie-Eboh v. Okotie-Eboh - Present action differs from the case law - Because the application was not determined on merit (H10) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

ACTIONS - Judicial precedents - Declaration of right - Basis - Wallersteiner v. Moir - Court makes such declaration upon satisfactory evidence - That plaintiff is entitled to such right (H4) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

ACTIONS - Judicial precedents - Ekwuno v. Ifejika - Decision reached

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

- Supreme Court did not decide that a number of natural persons - Are not legal personae - And cannot therefore be subject matter of an order of court (H10) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

ACTIONS - Juristic personality - Amendment of writ - Trial court wrongly exercised its power under O. 32 - Because plaintiffs did not apply for amendment - Even after objection was raised to 1^st defendant being sued in the name of a non juristic person (H1) Maersk Line v. Addide Invest. Ltd. (2002) 7 KLR (pt. 146) 2783; (2002) 11 NWLR (Pt. 778) 317

ACTIONS - Land law - Trespass - Right of action - Conflicting possession - Where two parties claim possession of a piece of land - Trespass will be at the suit of party - Who can show that title is in him (H7) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

ACTIONS - Land law - Trespass - Right of action - It is only a person in possession of land - That can maintain an action for damages for trespass (H6) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

ACTIONS - Land law - Trespass - Right of action - Where there are conflicting titles - Person in possession can rightly maintain action - For damages for trespass (H6) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

ACTIONS - Legal practitioners - Submissions - Made without authority - Fate - Such submission is rejected - Since no authority supports contention - That appellant cannot appeal against acquittal order by Court of Appeal (H3) Nigerian Air Force v. Shekete (2002) 7 KLR (pt. 144) 2349

ACTIONS - Limitation Concealed fraud Where such fraud is involved And no laches is established on the part of person defrauded No length of time can be a bar to relief (H3) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

ACTIONS - Limitation period - Denial of - Odubeko v. Fowler - Where plaintiff denies the limitation period - Defendant must prove his averment by evidence (H12) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

ACTIONS - Locus standi - Lack of - Basis - It is only legal person or body capable of suing or being sued - That can possibly lack locus standi - To bring particular action (H4) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

ACTIONS - Mortgages - Right to sell - Lack of good faith - Proof - Where action is to set aside sale of mortgaged property - By reason of lack of good faith of receiver - Collusion with purchaser must be established (H7) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

ACTIONS - On behalf of infants - Proper endorsement was not followed on the court processes - Which default was fundamental and not mere technicality (H5) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

ACTIONS - Orders of court - Enforcement of - Applicable laws - Uhunmwangbo v. Okojie - The relevant laws are Sheriff and Civil Process law s.71 & Judgment Enforcement Rules O.9 r.13 - Hence trial court and Court of Appeal were wrong to have relied on English rules of procedure (H2) Adaka v. Anekwe (2002) 6 KLR (pt. 141) 1691; (2002) 12 NWLR (Pt. 781) 409

ACTIONS - Ouster clause - Special Tribunal Decree 1984 s. 8(1) - The section stipulates that where the tribunal acts within its jurisdiction - No proceeding shall be instituted in any court - On account of any thing done pursuant to the Decree (H4) Onyeanusi v. Misc. Offences Tribunal (2002) 5 KLR (pt. 139) 1371; (2002) 12 NWLR (Pt. 781) 227

ACTIONS - Parties - Listing - Reason for - A person is included in action - So that he should be bound by result arising therefrom - And interested person who stands by - Is also bound by such result (H11)

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

ACTIONS - Parties - Proof - Party can rely on relevant authorities to prove his case - And needs not wait to know how case of adverse party is proved (H11) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

ACTIONS - Parties - Right to legal representation - Party to a suit has right to a legal practitioner of his choice - To defend his interests in any matter (H1) Comptroller Nigerian Prisons Services v. Adekanye (3) (2002) 7 KLR (pt. 143) 2219; (2002) 15 NWLR (Pt. 790) 362

ACTIONS - Party - Striking out of - Effect on competence - The suit should have proceeded against other defendants - Irrespective of striking out of 2^nd defendant (H7) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

ACTIONS - Pleadings - Dismissal - Contradictory evidence - Plaintiff's claim should have been dismissed - On the ground that his evidence was at variance - With averments in the amended statement of claim (H4) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

ACTIONS - Pleadings - Statute of limitation - Need to plea - Whenever a statute is relied on as a bar to an action - Same should be specially pleaded (H1) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

ACTIONS - Pleadings & findings - Sufficiency of - Determination - Sufficiency of pleadings and of findings in a case - Are determined by the cause of action (H5) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

ACTIONS - Power of Attorney - Authority to act - A proper construction of exhibit B - Empowers the attorney to take legal action to protect plaintiff's shareholding in the company (H3) Melwani v. Five

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

ACTIONS - Power of Attorney - Right to sue - Restriction of - Rightful complainant - Where power of attorney does not empower donee to sue - It is the donor who should complain (H2) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

ACTIONS - Practice & procedure - Default defence - Judgment - Correctness of - High Court Rules of Lagos O. 24 r. 11 - Court was right to base its decision on statement of claim (H2) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

ACTIONS - Preaction notice - Court processes - Distinction - Preaction notice is for benefit of person to be served - And should not be equated with processes - Which are integral part of proceeding (H5) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

ACTIONS - Preaction notice - Failure to serve - Effect - Suit commenced in default of service - Is incompetent as against party not served - Provided he challenges competence of the suit (H1) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

ACTIONS - Preaction notice - Non compliance - Effect of - Noncompliance does not abrogate plaintiff's cause of action - But gives defendant right to insist on regularity of the notice (H2) Eze v. Okechukwu (2002) 12 KLR (pt. 150) 3377; (2002) 18 NWLR (Pt. 799) 348

ACTIONS - Preaction notice - Non service of - Objection to - Defendant may raise objection when served with writ of summons - Or may plead same in statement of defence (H5) Eze v. Okechukwu (2002) 12 KLR (pt. 150) 3377; (2002) 18 NWLR (Pt. 799) 348

ACTIONS - Preaction notice - Right to - Waiver - Defendant may decide to settle with plaintiff - Or waive his right to notice - In order to confront plaintiff (H3) Eze v. Okechukwu (2002) 12 KLR (pt. 150)

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

3377; (2002) 18 NWLR (Pt. 799) 348

ACTIONS - Preaction notice - Service of - Status - Service of the notice on party is procedural requirement - And not an issue of substantive law - On which rights of plaintiff depend (H2) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

ACTIONS - Preaction notice - Status - Giving of notice has nothing to do with cause of action - Since it is procedural requirement - And not a substantive element (H1) Eze v. Okechukwu (2002) 12 KLR (pt. 150) 3377; (2002) 18 NWLR (Pt. 799) 348

ACTIONS - Proper parties - Determination - Any party whose interest is affected directly - If reliefs claimed are granted - Is proper party to a suit (H6) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

ACTIONS - Public policy - Consideration of - Court should consider whether to allow a claim will be contrary to public policy - Or a denial of same will amount to injustice (H8) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

ACTIONS - Representative action - Authorization - Authority to sue or to defend in such capacity - Must be given by other persons interested in suing or defending - Otherwise the action stands in personal capacity (H5) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

ACTIONS - Representative action - Authorization - Proof - There must be evidence of authority to sue or defend - Given by persons being represented in the suit (H7) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

ACTIONS - Representative action - Continuity of - Death of person suing or defending in representative capacity - Does not bar others having interest in such action - From continuing with same (H1) Okoli v. Okoli (2002) 4 KLR (pt. 137) 1005

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

ACTIONS - Representative action - Essential feature - Essence of such action is that representative and persons represented - Must be shown to have common interest in subject matter of the suit (H6) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

ACTIONS - Right of action - 1999 Constitution s. 6(6)(b) does not confer locus standi independently - As plaintiff's claim must also disclose cause of action (H2) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

ACTIONS - Statutes - Interpretation - Application of law to facts - When faced with such issue - Judge must inter alia - Identify how the meaning thereof - Relates to case in controversy (H7) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

ACTIONS - Title Adverse possession Limitation law Right of an owner becomes extinguished - After twelve years of clear adverse possession And he cannot seek declaration of title (H6) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

ACTIONS - Title - Claim by adverse possession Basis To succeed claimant must establish That the title holder has been dispossessed - For the specified statutory period (H5) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

ACTIONS - Torts - Detinue - Proof - To succeed in an action for detinue - Plaintiff must establish wrongful detention of his chattel by defendant (H4) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

ACTIONS - Torts - Negligence - Ingredient - Proof - To succeed plaintiff must prove that defendant owed him a duty of care - Which was breached - And that he suffered damages from the breach (H1) Anyah v. Imo Concorde Hotels Ltd (2002) 12 KLR (pt. 150) 3321; (2002) 18 NWLR (Pt. 799) 377

ACTIONS - Trademarks - Infringement - Burden of proof - Plaintiff

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

must prove that he has definite cause of action - By showing that Exhibits 2 & 5 are made from Exhibit 1 - And not that the products are merely similar (H4) Uzokwe v. Densy Industries Nig. Ltd. (2002) 7 KLR (pt. 146) 2517; (2002) 2 NWLR (Pt. 752) 528

ACTIONS - Words & phrases - Public officers - Meaning - Ibrahim v. Judicial Service Committee - Public officers not only refer to natural persons sued in their personal names - But also to artificial persons sued in their official names (H3) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

ACTIONS - Writ of summons - Amendment - Commencement - Amendment takes effect from date on original document - And action continues as if amendment had been inserted from the beginning (H1) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

ADJOURNMENTS - Judgments - Delivery Time limit Where an application is made at conclusion of evidence and addresses - Three months period starts from date court adjourns for judgment (H2) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

ADMINISTRATION OF ESTATES - Orders of court - Competence of - Since there was no proof of adoption of the children by deceased - Trial court's order including them as beneficiaries must be set aside (H3) Olaiya v. Olaiya (2002) 5 KLR (pt. 139) 1339; (2002) 12 NWLR (Pt. 782) 652

ADMINISTRATIVE LAW - Actions - Refusal - Basis - Federation account - Claim for account from 1999 and copies thereof - The claim is refused - Since it is wide and impossible to supervise (H6) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

ADMINISTRATIVE LAW - Courts - Exercise of discretion - Writ of mandamus - Grant - Court may not overrule discretion not to perform public duty - And may also refuse to order mandamus - On the ground that granting the order will serve no useful purpose (H5) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

(Pt. 767) 606

ADMINISTRATIVE LAW - Courts - Judicial acts - Validity - It is presumed that formal requisites for validity of such acts were complied with - Provided the acts were done in substantially regular manner (H4) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

ADMINISTRATIVE LAW - Police - Discretion - Exercise of - Criminal investigation - Police has discretion on whether or not to investigate allegation of crime - And such may be exercised depending on their capability - And overall interest of the society (H1) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

ADMINISTRATIVE LAW - Police - Duty - Definition - Police Act s. 4 - Duty of the police cannot be defined as ministerial - Since it is not a simple one imposed by the law (H2) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

ADMINISTRATIVE LAW - Police - Exercise of discretion - Investigation of crime - 1999 Constitution s. 188 - The section provides no reason for police - To refuse an investigation of alleged crime in appropriate circumstance (H3) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

ADMINISTRATIVE LAW - Primary education - Provision of - The function is left for State government - Local government only participates in provision and maintenance (H15) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

ADMINISTRATIVE LAW - Statutes - Performance of duty - Regulated by statute - Method - When procedure for carrying out a matter is provided in statute - Party must comply with the provisions (H6) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

ADMIRALTY - Admiralty Marshal - Duty of - He sells vessel for a reasonable price - And where judgment debtor or creditor conceives

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

that the duty is breached - Remedy is not to seek rectification of bill of sale (H6) The Vessel "Leona II" v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

ADMIRALTY - Courts - Findings of facts - Effect - Reliance on rule 8 of Article III Hague Rules did not affect - The courts' approach to determination of the carrier's liability - And same is of no consequence to the result of the case (H1) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

ADMIRALTY - Debt - Commercial law - Basis - The case is not based on admiralty - But on the debt owed by appellant to respondent (H1) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

ADMIRALTY - Evidence - Misdirection in - Effect - Misdirection in regard to date when the vessel arrived - When the material issue is date when same was discharged - Is inconsequential (H2) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

ADMIRALTY - Jurisdiction - Invocation - Condition precedent - Admiralty jurisdiction of Federal High Court cannot be invoked - Once goods carried by ship have been discharged in the harbour (H2) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

ADMIRALTY - Ship agent - Liability of - Proof - To have a cause of action against the agent - The act or default complained of must be in respect of anything done in Nigeria by the ship - And same must be alleged and proved (H4) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

ADMIRALTY - Ship agent - Liability of - Though agent is not vicariously liable for default of his principal - But by s. 16(3) Admiralty Jurisdiction Act - Agent may be personally liable - In respect of anything done in Nigeria (H3) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

ADMIRALTY - Vessel - Power of sale - Merchant Shipping Act s. 322 - Admiralty Marshall acting pursuant to order of court to sell - Can transfer ship as if he was the registered owner (H5) The Vessel "Leona II" v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

AFFIDAVITS - Averments - Not controverted - Since plaintiff failed to deny averments in the penultimate paragraphs - The paragraphs are deemed admitted (H4) Lawson-Jack v. SPDC Nig. Ltd. (2002) 7 KLR (pt. 144) 2333; (2002) 13 NWLR (Pt. 783) 180

AFFIDAVITS - Court processes - Originating summons - Absence of affidavit - Effect - Without verification by affidavit evidence of facts alleged - The summons is incompetent and liable to be struck out (H1) Keyamo v. House of Assembly Lagos State (2002) 9-10 KLR (pt. 147) 3015; (2002) 18 NWLR (Pt. 799) 605

AFFIDAVITS - Court processes - Service - Proof - Where service is in dispute - Bailiff can swear to an affidavit of service - Although a certificate of service is not an exclusive means of proof (H2) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

AFFIDAVITS - Courts - Processes - Affidavit of service - Proof - Affidavit of service is non-contentious document - Which is not required to be proved before court (H4) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

AFFIDAVITS - Criminal procedure - Indictment - Application to quash - Determination - Depositions made by potential witnesses and accused must be read - So as to find if there was prima facie case - For accused to answer (H6) Abacha v. State (2002) 7 KLR (pt. 143) 2029

AFFIDAVITS - Depositions - Counter-affidavit - Failure to file - Effect - Defendants are deemed to have admitted facts in affidavits - And court is to rely on same (H1) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

AFFIDAVITS - Depositions - Source - Need to disclose - Deponents must state source of their information - As court will not act upon such evidence - Save where corroborated by witness from personal knowledge (H12) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

AFFIDAVITS - Jurisdiction - Determination - Basis - Jurisdiction of Awka High Court over the suit - Shall be determined from oral or affidavit evidence available (H1) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

AFFIDAVITS - Jurisdiction - Issue - Objection to - Jurisdiction can be taken on the basis of statement of claim - Evidence received - Or by motion supported by affidavit - Giving facts upon which reliance is placed (H4) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

AFFIDAVITS - Maritime law - Seashore - Ownership of - Proof - Affidavit evidence of littoral States - Is insufficient to prove their ownership of the sea (H7) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

AFFIDAVITS - Pleadings - Counter affidavits - Refusal of - Propriety - Courts were right to refuse use of the affidavits - Since facts of the matter are not disputed - And arguments were based on law (H5) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

AFFIDAVITS - Pleadings - Evidence - Adducing of - Failure of plaintiff to adduce affidavit evidence - Is not fatal to his case - As court is being called upon - To determine matter of law (H3) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

AGENCY - Actions - Institution of - By proxy - Competence - Since the agent sued in his principal's name - The Action is deemed properly constituted (H4) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

AGENCY - Admiralty - Ship agent - Liability of - Though agent is not vicariously liable for default of his principal - But by s. 16(3) Admiralty Jurisdiction Act - Agent may be personally liable - In respect of anything done in Nigeria (H3) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

AGENCY - Agent of foreign principal - Personal liability - Where an agent contracts on behalf of a foreign principal - It is presumed that he is personally liable - Unless a contrary intention appears (H4) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

AGENCY - Banking - Federal Mortgage Bank - Status - The bank is mere business organization given functions to perform - As nothing in its Act suggests that it is an agency of the Federal Government (H1) Fed. Mortgage Bank of Nig. v. Olloh (2002) 7 KLR (pt. 146) 2751; (2002) 9 NWLR (Pt. 773) 475

AGENCY - Contract - Agent - Liability - Agent of a disclosed principal is not personally liable - On a contract he enters on behalf of the principal (H6) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

AGREEMENTS - Banking - Fiduciary duty - Bank has duty to send statements of account to customer - At regular interval as may be agreed upon by parties (H2) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

AGREEMENTS - Condition precedent - Binding nature of - Once a condition precedent is incorporated into an agreement - That condition precedent must be fulfilled - Before effect can flow (H6) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

AGREEMENTS - Contracts - Discharge of - Means - Contract may be discharged by performance - Express agreement - Or by doctrine of frustration - And also by breach (H11) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002)

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

11 NWLR (Pt. 777) 163

AGREEMENTS - Contracts - Documents - Rectification - Equity rectifies instruments and not contracts - Hence document which records prior agreement - Cannot be rectified merely because of mistake (H2) The Vessel "Leona II" v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

ALIBI - Particulars of - Proof - Accused must disclose the particulars at the earliest time - So as to put the burden on police - To deal with them with some finality (H2) Akpan v. State (2002) 7 KLR (pt. 146) 1281; (2002) 12 NWLR (Pt. 780) 189

ALIBI - Plea of - How to raise - Accused must raise the defence promptly and properly - And burden of proving the offence - Does not shift to accused (H9) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

ALIBI - Plea of - Sustainability - To sustain the plea - Accused must give adequate particulars of his whereabouts - At time of the commission of the offence (H7) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

ALIBI - Proof - Burden of - It is not for accused to prove the defence - Prosecution must disprove same - As part of its duty to prove the offence - Beyond reasonable doubt (H8) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

ALIBI - Proof - Prosecution evidence - Effect - Where prosecution leads unassailable evidence - Which shows that accused was at crime scene - The defence collapses (H11) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

ALIBI - Proof - Standard of - Where prosecution adduced evidence to disprove the defence - It is left for accused to discredit such evidence - Based on balance of probabilities (H10) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

APPEALS - Actions - Institution - Juristic personality - Failure to prove

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

- Fate - Since respondent failed to prove juristic personality - The action should be struck out (H4) ACB Plc v. Emostrade Ltd (2002) 4 KLR (pt. 137) 959; (2002) 8 NWLR (Pt. 770) 501

APPEALS - Additional grounds - Filing - Objection to - Failure to raise - Effect - Since appellant did not object on the time frame within which the grounds were filed - He is deemed to have waived his right - To object to the appeal on that point (H3) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

APPEALS - Basis - As ruling of the trial court was not based on provisions of the African Charter of Human Rights - Appeal to Court of Appeal cannot be predicated on the Act (H3) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

APPEALS - Briefs - Format - Supreme Court Rules O.6 r.5(1) - The rules provide for format and component of brief - Hence respondents' brief ought to follow the laid down guidelines (H1) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

APPEALS Briefs - Objection to - Failure to reply - Effect - Since appellants failed to reply to the objection - They are deemed to have accepted same as meritorious (H9) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

APPEALS - Committal orders - Validity of - Since 2^nd & 5^th defendants have ceased to be parties at Court of Appeal - The orders were made in error and should be set aside (H8) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

APPEALS - Competence - Grounds - Mixed law & facts - By s.233(3) 1999 Constitution - Leave is required to file such grounds - Otherwise the appeal is incompetent (H1) Central Bank of Nigeria v. Okojie (2002) 3 KLR (pt. 135) 537; (2002) 8 NWLR (Pt. 768) 48

APPEALS - Competence - Issues - Propriety of raising - The issue can

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

be raised in Supreme Court - Because appellate court will not exercise jurisdiction - Over person who is not a party to the proceedings (H6) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

APPEALS - Concurrent finding of facts - Supreme Court does not interfere with such findings - In so far as same were based on evidence - Placed properly before courts (H4) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

APPEALS - Concurrent findings - Appellate court should not disturb such findings - Unless the findings are perverse - Or are based on wrong proposition of law (H2) Layinka v. Makinde (2002) 5 KLR (pt. 139) 1297; (2002) 10 NWLR (Pt. 775) 358

APPEALS - Concurrent findings - No special circumstance exists to interfere with findings made by the HC & CA - Based on facts adduced in evidence (H2) Nwaeze v. Onuorah (2002) 7 KLR (pt. 146) 2533

APPEALS Concurrent findings - Supreme Court does not interfere - Save if the findings are perverse (H1) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

APPEALS Concurrent findings - Supreme Court does not interfere Unless there is some miscarriage of justice Or violation of principle of law or procedure (H1) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

APPEALS Concurrent findings - Supreme Court does not interfere - Save where there is violation of principles of law - Or that such findings are perverse (H7) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

APPEALS - Concurrent findings - Supreme Court does not interfere - Save the findings are found to be perverse - Or has caused a miscarriage of justice (H2) Adeleke v. Asani (2002) 4 KLR (pt. 137) 973; (2002) 8 NWLR (Pt. 768) 26

APPEALS - Concurrent findings - Supreme Court does not interfere

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

- Unless such findings are perverse - Or an error of substantive or procedural law was perpetrated (H2) Okekearu v. Tanko (2002) 9-10 KLR (pt. 147) 2929; (2002) 15 NWLR (Pt. 791) 657

APPEALS - Concurrent findings - Supreme Court does not interfere - Unless there is miscarriage of justice - Or a violation of some principles of law or procedure (H7) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

APPEALS - Concurrent findings - Supreme Court will not interfere - Since there are no special circumstances warranting interference (H3) Nziwu v. Onuorah (2002) 2 KLR (pt. 134) 331; (2002) 4 NWLR (Pt. 756) 22

APPEALS - Concurrent findings - Supreme Court will not interfere - Since lower courts rightly made findings - On traditional evidence of parties (H7) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

APPEALS - Concurrent findings - Supreme Court will not interfere - Since the findings are not perverse - And has not led to miscarriage of justice (H3) Onwunama v. Ezeokoli (2002) 2 KLR (pt. 134) 387; (2002) 5 NWLR (Pt. 760) 333

APPEALS - Concurrent findings - Supreme Court will not interfere - Except if such findings are perverse - Or there was a substantial error (H3) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

APPEALS - Concurrent findings - Supreme Court will not interfere - Since appellant failed to impeach findings of the lower courts (H7) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

APPEALS - Concurrent findings - Supreme Court will not interfere - Since no exceptional circumstances are shown - To justify such interference (H5) Udeagu v. Nnadi (2002) 12 KLR (pt. 148) 3135; (2002) 18 NWLR (Pt. 798) 103

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

APPEALS - Concurrent findings - To justify intervention by Supreme Court - Appellant must show that the findings were made erroneously - Or were arrived at through wrongful evaluation of facts or applicable laws (H3) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

APPEALS - Concurrent findings - Where such findings are unimpeachable - Supreme Court will not interfere (H3) Jonason Triangles Ltd v. Charlesmoh & Partners Ltd (2002) 9-10 KLR (pt. 147) 3001; (2002) 15 NWLR (Pt. 789) 176

APPEALS Concurrent findings of fact - Supreme Court does not interfere - Except where there are exceptional grounds - And none exist in this case (H13) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

APPEALS Concurrent judgments - Supreme Court does not interfere Save there is established miscarriage of justice Which does not exist in this case (H2) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

APPEALS - Conflict of laws - Statutes - Rules of court - Neither Supreme Court Practice Direction nor rules of court - Can override statutory provisions (H4) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

APPEALS - Contracts - Misconception - Effect - Where an appellate court misconceives appellant's case - Its decision can hardly be right (H5) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

APPEALS - Court - Committal application - Jurisdiction - Court of Appeal Act s.16 - Power exercisable by the court - Does not include what trial court could not have done (H11) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

APPEALS - Court - Decision - Interference - Court of Appeal rightly

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

refused to interfere with decision of trial judge - More so as appellants have not shown that the court was wrong (H2) Jonason Triangles Ltd v. Charlesmoh & Partners Ltd (2002) 9-10 KLR (pt. 147) 3001; (2002) 15 NWLR (Pt. 789) 176

APPEALS - Court - Findings - Misdirection in - Conclusion made by Court of Appeal is a misdirection - Which has occasioned a miscarriage of justice (H1) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

APPEALS - Court - Issues - Suo motu raising - Propriety - Court of Appeal was in error for failing to give counsel time - To prepare for address on the issue raised suo motu (H1) Orthopedic Hospital Mgt. Board v. Garba (2002) 7 KLR (pt. 145) 2425; (2002) 14 NWLR (Pt. 788) 538

APPEALS - Court of Appeal - Exercise of discretion - Correctness of - The court exercised its discretion judicially and judiciously - In accordance with justice and relevant considerations (H6) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

APPEALS - Courts - Academic issues - Fate - Where a question before court is entirely academic or speculative - Appellate court will decline to decide the point (H12) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

APPEALS - Courts - Actions - Subject matter - Need to preserve - Court must see that the res is preserved - Especially where execution of successful appeal will be impossible (H3) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

APPEALS - Courts - Discretion - Exercise of - Interference - Appellate court will not interfere with the discretion of trial court - Unless where such discretion was exercised upon wrong principle - Or was tainted by substantial irregularity (H4) Josiah Cornelius Ltd v. Ezenwa (2002) 6 KLR (pt. 142) 1829; (2002) 16 NWLR (Pt. 793) 298

APPEALS - Courts - Evidence -Findings of trial court - Substituted

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

with Doctrine of recent possession - Correctness of - Since there is direct evidence before trial court - Court of Appeal wrongly introduced the doctrine (H4) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

APPEALS - Courts - Exercise of discretion - Except where lower court did not exercise discretion in good faith - Or has acted arbitrarily - Supreme Court shall not substitute its own discretion (H3) Olumegbon v. Kareem (2002) 5 KLR (pt. 139) 1361

APPEALS - Courts - Exercise of discretion - Where Court of Appeal in exercise of its discretion orders a retrial - Supreme Court will not interfere - Save where such discretion was contrary to justice (H4) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

APPEALS - Courts - Findings of fact - Binding nature of - Unless special circumstances exist - No appellate court should substitute its own findings - For those of trial court (H1) Nziwu v. Onuorah (2002) 2 KLR (pt. 134) 331; (2002) 4 NWLR (Pt. 756) 22

APPEALS - Courts - Findings of facts - Interference - Unless special circumstance such as a perverse decision - Is clearly manifested in the record - Appellate court should not substitute its own findings for those of trial court (H1) Nwaeze v. Onuorah (2002) 7 KLR (pt. 146) 2533

APPEALS - Courts - Findings of facts - Where trial judge makes proper findings - Court of Appeal should not interfere - Save if the findings are perverse (H6) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

APPEALS - Courts - Issue - Raised but not considered - Propriety - Appellant's question on adoption is not fresh issue that requires leave - Hence Court of Appeal erred - By not allowing appellant to argue same (H1) Olaiya v. Olaiya (2002) 5 KLR (pt. 139) 1339; (2002) 12 NWLR (Pt. 782) 652

APPEALS - Courts - Issues - Suo motu raising - Olusanya v. Olusanya - Where appellate court raises point suo motu - Parties must be given

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

opportunity to address court on the points - Before decision is made (H4) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

APPEALS - Courts - Issues - Suo motu raising - Propriety - Ojusanya v. Olusanya - Where points are taken suo motu by appellate court - Parties must be given the opportunity to address the court - Before decision is taken on such points (H1) Adeleke v. Raji (2002) 6 KLR (pt. 141) 1703; (2002) 13 NWLR (Pt. 783) 142

APPEALS - Courts - Judgments - Reasons for - Appellate court should not be concerned with phrase used by trial judge to describe his reasoning - But should consider whether the reasons are clear - And lead reasonably to the conclusion arrived at (H3) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

APPEALS - Courts - Perverse findings - Fate - Court of Appeal gave perverse judgment for defendant - And same must not be allowed to stand (H2) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

APPEALS - Courts - Reliefs claimed - Failure to establish - Effect - Appellant is not entitled to relief awarded it by trial court - Since its claim was not established - Hence Court of Appeal was right to set aside damages awarded by trial court (H12) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

APPEALS - Cross appeal - Distinctive nature - Cross appeal arises where two parties file appeals against a judgment - And each appeal is independent - Even though both are heard together (H3) Igwe v. Kalu (2002) 7 KLR (pt. 144) 2293

APPEALS - Cross appeal - Issue - Determination - Since issue in cross appeal has been dealt with in main appeal - A consideration of the cross-appeal becomes irrelevant (H6) Anyah v. Imo Concorde Hotels Ltd (2002) 12 KLR (pt. 150) 3321; (2002) 18 NWLR (Pt. 799) 377

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

APPEALS - Cross appeal - Need for - Respondent ought to file cross appeal - To specifically challenge the admission of Exhibits C-C2 (H2) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (1) (2002) 7 KLR (pt. 145) 2449

APPEALS - Cross appeal - Striking out - Propriety - The cross appeal was rightly struck out in the circumstance - Having become an academic exercise in the Court of Appeal (H7) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

APPEALS - Damages - Assessment - By s.16 Court of Appeal Act & s.22 Supreme Court Act - Appellate Court can substitute its own assessment - Where it decides to interfere (H1) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

APPEALS - Damages - Award - Additional interest - Proof - For cross appellant to be awarded additional interest - It must adduce evidence of right to the interest (H4) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

APPEALS - Damages - Interest - Award - Basis - For cross appellant to be awarded anything above statutory interest - There must be evidence of right to that sum on record (H3) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (1) (2002) 7 KLR (pt. 145) 2449

APPEALS - Damages - Quantum - Appellate court does not interfere - Save if it is satisfied that trial court has acted on wrong principle of law - And has made an erroneous estimate (H2) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

APPEALS - Determination - Basis - Appeals are decided upon issues raised - And not on grounds of appeal - As grounds are deemed extinguished and replaced by issues (H1) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

APPEALS - Determination - Propriety - Since the appeal and cross-appeal are based on judgment - Which Supreme Court has set aside - There is no reason to consider the merit therein (H2) Comptroller Nigerian Prisons Services v. Adekanye (3) (2002) 7 KLR (pt. 143) 2219; (2002) 15 NWLR (Pt. 790) 362

APPEALS - Determination of - Court of Appeal cannot in all cases - Validly determine on merit - Matter it earlier struck out for improper filing (H9) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

APPEALS - Error - Court of Appeal - Was clearly in grave error - In allowing an appeal which was never before it (H1) Bako v. Laniyan (2002) 7 KLR (pt. 143) 2145; (2002) 13 NWLR (Pt. 783) 171

APPEALS - Evidence - Evaluation - Court of Appeal decision - Correctness of - The court was right to hold that trial judge - Did not properly evaluate evidence (H2) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

APPEALS - Evidence - Evaluation - Trial court evaluates and ascribes probative value to evidence - And appellate court does not ordinarily interfere (H1) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

APPEALS - Evidence - Evaluation - Where trial court has properly evaluated and ascribed probative value to evidence - Appellate court will not interfere (H6) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

APPEALS - Evidence - Evaluation - Where trial court made proper evaluation - Appellate court is not entitled to interfere - Particularly when evaluation was based on credibility of witness (H3) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

APPEALS - Evidence - Reevaluation - Correctness of - Court of Appeal rightly reevaluated the evidence - By being satisfied that respondents had proved title to the land (H3) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

APPEALS - Evidence - Reevaluation - Justification - Appellate court can reassess evidence - Where trial court's findings are perverse - Or the use made of a document goes beyond its evidential value (H5) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

APPEALS - Extension of time - Delay in application - Effect - As appellant did not show seriousness in seeking leave to appeal - Such inordinate delay may be a ground of refusing leave (H1) Olumegbon v. Kareem (2002) 5 KLR (pt. 139) 1361

APPEALS - Fair hearing - Proceedings - When issue of fairness of hearing arises - Appellate Court is to see whether the result of the case - Would have been the same even if breach of fair hearing did not occur (H1) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

APPEALS - Filing - Applicable laws - Filing of initial appeal is governed by Court of Appeal Act - While filing additional grounds is governed by the Court's rules - Thus noncompliance with the Act is fatal - But noncompliance with the rules is mere irregularity (H2) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

APPEALS - Filing - Time frame - Armed Forces Act s.184(1) - Appeal to Court of Appeal shall be lodged within 40 days - From date Court Martial promulgated its findings (H3) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

APPEALS - Findings of trial court - Interference - Justification - Appellate court will interfere - Where findings are perverse - And are not supported by credible evidence (H8) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

APPEALS - Findings of trial court - Interference - Justification - Appellate court may interfere with such findings - Where it is satisfied that trial judge - Failed to evaluate evidence (H3) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

APPEALS - Findings of trial court - Interference - Justification - Appellate court will interfere - Where trial court failed to resolve conflicts in parties' evidence (H2) Nziwu v. Onuorah (2002) 2 KLR (pt. 134) 331; (2002) 4 NWLR (Pt. 756) 22

APPEALS - Fresh issue - Leave - Since Criminal Code s.34 does not affect jurisdiction of court - The issue raised by appellant is a new one - Which requires leave of court (H2) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

APPEALS - Fresh issue - Failure to obtain leave - Fate - Appellant cannot validly appeal against exercise of Court of Appeal's discretion - Since he neither sought nor obtained leave to do so (H1) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

APPEALS - Fresh issue - Need for leave - Leave is required to file and argue fresh issues in Supreme Court - Save issue of jurisdiction - Which can be raised with or without leave - Even for the first time (H1) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

APPEALS - Fresh issue - Raised without leave - Fate - Composition of Area court is new issue - And failure to obtain leave in respect of same - Renders ground of appeal on the issue incompetent (H2) Maskala v. Silli (2002) 6 KLR (pt. 142) 1845; (2002) 13 NWLR (Pt. 784) 376

APPEALS - Fresh issue - Raised without leave - Validity - Fresh issue of inadequacy of defendant's pleadings - Cannot be raised in Supreme Court (H7) Egesimba v. Onuzuruike (2002) 9-10 KLR (pt. 147) 2877; (2002) 15 NWLR (Pt. 791) 466

APPEALS - Ground of appeal - Competence - Once leave was sought and granted - It covered not only the grounds of appeal then filed - But also the additional ground in the Amended Notice of Appeal (H1) Igwe v. Kalu (2002) 7 KLR (pt. 144) 2293

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

APPEALS - Ground of law - Objection - Propriety - The objection is misconceived - Since ground one was ground of law - As it dealt with the consequences of failure to traverse an allegation in pleadings (H1) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

APPEALS - Ground of law - Raised without leave - Competence - The ground being of law is competent - And it is not necessary to obtain leave to file and argue it (H2) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

APPEALS - Grounds - Competence - Ground 5 being of fact is wide and vague - And since leave was not obtained to file it - It shall be deemed incompetent (H1) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

APPEALS - Grounds - Framing - Appellant must clearly set out his grounds - So as to enable opposite party and court - To appreciate his complaint (H1) Adeleke v. Asani (2002) 4 KLR (pt. 137) 973; (2002) 8 NWLR (Pt. 768) 26

APPEALS Grounds Mixed law and fact Since defendant failed to obtain leave The grounds are incompetent and liable to be struck out (H3) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

APPEALS Grounds Nature - How determined - Ground is of law where it reveals misunderstanding of law - And is of mixed law and fact - Where it questions resolution of conflicting evidence (H2) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

APPEALS - Grounds of law - Leave - Question of contravention of Evidence Act s.34(1) - Raises substantial point of law - Upon which leave ought to be given (H12) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

APPEALS - Grounds of law - When material evidence was admitted

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

- In contravention of statutory provisions - Then a substantial issue of law is raised (H11) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

APPEALS - Hearing on merit - Meaning - Appeal is heard on merit once appellate court considered issues in controversy - And has taken a decision to confirm - Or to set aside decision of a lower court (H5) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

APPEALS - Issue - Abandonment of - Effect - Court does not deal with issue not placed before it - As it is a departure from role of court - For appellate court to insist on dealing with abandoned issue (H1) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

APPEALS - Issues - Consideration of - Resolution of key issue - Has made consideration of other issues unnecessary (H3) Regd. Trustees of Diocese of Aba v. Nkume (2002) 1 KLR (pt. 132) 125; (2002) 1 NWLR (Pt. 749) 726

APPEALS - Issues - Determination - Basis - Appellate court considers issues - Based on grounds of appeal before it - Since trial court ought to have made primary findings of fact (H5) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

APPEALS - Issues - Determination - Court of Appeal ought to decide - Whether fresh ground sought to be raised - Was on substantial point of law - And whether no further evidence would be adduced in support (H9) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

APPEALS - Issues - Failure to Identify - Respondent's brief is bad on ground of untidiness - And his counsel was wrong to argue unidentified issue (H2) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

APPEALS - Issues - Fresh issues - Leave - Attempt to raise without

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

leave at Supreme Court - Fresh issue relating to Exchange Control Acts - Must fail (H12) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

APPEALS Issues - Raised from incompetent grounds - Fate - Such issues are inconsequential - And should be struck out (H4) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

Appeals - Issues - Ruling - Supreme Court will not rule on a point - In which there is no live issue - As between parties before court (H1) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

APPEALS - Issues - Suo motu determination - Propriety - Since respondent's statement in Exhibit 61 was never raised as an issue in Court of Appeal - The court was wrong to have considered same suo motu (H7) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

APPEALS - Issues - Validity - Since Supreme Court does not sit on appeal from decision of trial court - Issue No.5 is irrelevant (H8) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

APPEALS - Issues for determination - Value of - Value of an issue lies in the effect of its resolution in judgment - As same is valueless if the resolution - Will not affect result of an appeal (H2) Udeagu v. Nnadi (2002) 12 KLR (pt. 148) 3135; (2002) 18 NWLR (Pt. 798) 103

APPEALS - Judgment - Error - Court of Appeal was in error - When it upheld the plea of res judicata - In favour of respondents (H2) Nwokedi v. Okugo (2002) 7 KLR (pt. 145) 2389; (2002) 16 NWLR (Pt. 794) 441

APPEALS - Judgment - Reversal - Correctness of - Judgment of High Court was rightly reversed - As Court of Appeal did not find contradictions in evidence of respondent and his witnesses (H2) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

APPEALS - Judgments - Issues - Determination - Appellate court decides if a decision is right and not reasons for same - Hence misdirection that occasions no injustice is immaterial (H13) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

APPEALS - Judgments - Misdirection - Effect - Since trial judge thoroughly evaluated evidence - Any misdirection by Court of Appeal - Will not affect judgment of trial court (H6) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

APPEALS - Judgments - Mistake - Effect - It is not every error in judgment - That results in appeal being allowed - As it is only when such error has occasioned a miscarriage of justice - That appellate court can interfere (H14) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

APPEALS - Judgments - Slip - Effect - Court of Appeal's reference to defendants as trespassers - Is a slip which has not occasioned miscarriage of justice (H2) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

APPEALS Judgments - Slip-error - Effect - It is not every slip in judgment that results in allowing of appeal - The slip must occasion a miscarriage of justice (H4) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

APPEALS Judgments Use of the phrase "counter claim" - Is not fatal to judgment of the Court of Appeal - So long as it did not occasion miscarriage of justice (H3) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

APPEALS - Jurisdiction - Filing appeal out of time - Effect - Failure to appeal within time - Without obtaining extension of time - Constitutes grave irregularity - That there would be no appeal before court (H2) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

APPEALS - Jurisdiction - Fundamentality of - Issue of jurisdiction can be raised at any stage even on appeal - And any objection to it must be taken at earliest time - Before further step is taken in the proceedings (H2) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

APPEALS - Jurisdiction - Issue of - When to raise - Jurisdiction can be raised any time during trial - But where it is new issue in an appellate court - Proper application must be made to raise it as a ground of appeal (H3) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

APPEALS - Land law - Court - Germane issue - Controversial issue is determination of boundary between parties - But trial judge missed same - And thus arrived at erroneous decision (H1) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

APPEALS - Land law - Courts - Findings of facts - Court of Appeal erred by dismissing the cross-appeal - And proper finding of trial court should be - That Owerre deforested the land in dispute (H7) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

APPEALS - Land law - Courts - Judicial precedents - Kojo v. Bonsie - Application of - Trial court properly applied the principle - And Court of Appeal erred in its criticism of same (H1) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

APPEALS - Land Law - Decision of trial court - Interference - Since the court rightly dismissed plaintiff's claim to title - Court of Appeal was wrong to have interfered with same (H5) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

APPEALS - Land law - Evidence - Rejection of - Propriety - Court of Appeal was wrong to reject plaintiffs' traditional history - Without considering whether or not they were physically on the land (H6) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

APPEALS - Land law - Judgment - Validity of - Since judgment of Court of Appeal is not perverse - It rightly held that High Court wrongly

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

rejected - Evidence of how respondent inherited the land (H5) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

APPEALS - Land law - Retrial - Correctness of - As identity of the land was clearly proved - And judging from among other findings of CA not yet appealed against - Order for a trial de novo should be proper (H2) Ewuoso v. Fagbemi (2002) 7 KLR (pt. 146) 2737; (2002) 7 NWLR (Pt. 767) 562

APPEALS - Land law - Title - Proof of - Appellants failed to prove their root of title - And no miscarriage of justice occurred in the case - Since Court of Appeal properly considered judgment of trial court (H3) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

APPEALS - Land law - Visit to locus - Findings - Where parties were given equal opportunity at the locus to prove their case - Appellate court will not interfere with findings arising therefrom (H6) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

APPEALS - Leave - Failure to obtain - Effect - Since respondent did not seek leave to appeal against decision of Court Martial - The appeal is incompetent (H6) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

APPEALS - Leave to appeal - Extension of time to appeal - Distinction - The former presupposes that appeal is not as of right - While the latter presupposes expiration of time to appeal (H4) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

APPEALS - Legal practitioners - Submissions - Made without authority - Fate - Such submission is rejected - Since no authority supports contention - That appellant cannot appeal against acquittal order by Court of Appeal (H3) Nigerian Air Force v. Shekete (2002) 7 KLR (pt. 144) 2349

APPEALS - Notice of appeal - Filing - Computation of time - Appeal

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

from Court of Appeal to Supreme Court is filed within 3 months - Excluding the date judgment was delivered (H1) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

APPEALS - Notice of appeal - Regularization of - Effect of objection - Respondent is not foreclosed by the preliminary objection - From taking steps to regularize its position and correct errors objected to (H1) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

APPEALS - Notice of appeal - Service of - By O.7 r.5 Court of Appeal Rules - Notice shall be served on named parties - But parties not directly affected - Need not be served (H5) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

APPEALS - Objection - Incorporated in brief - Propriety - By Supreme Court Rules O.2 r.9 - Notice of preliminary objection may be raised - In respondent's brief of argument (H5) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

APPEALS - Orders of court - Discharge & acquittal - Propriety - Court of Appeal wrongly gave the order - As there is no legal basis for so deciding (H8) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

APPEALS - Orders of court - Mischief - Remedy - Respondent need not appeal to remedy the mischief - Since mandatory injunction can be used - To reverse step taken by appellant (H1) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

APPEALS - Orders of court - Retrial - Principles - To order retrial - There must be inter alia an error in law or irregularity in procedure - And that evidence discloses substantial case against appellant (H3) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

APPEALS - Parties - Preliminary objection - Sustainability - Respondent is estopped from contending - That appellant was not a party to the proceedings in Court of Appeal - Having made appellant a party thereto (H1) Nigerian Air Force v. Shekete (2002) 7 KLR (pt. 144) 2349

APPEALS - Parties - Right of appeal - 2^nd & 5^th defendants are parties for purpose of invoking jurisdiction of Supreme Court - To set aside order resulting from their improper inclusion (H7) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

APPEALS - Proceedings - Fair hearing - Absence of - Proper order - When entire proceedings are tainted by unfairness - The proper thing to do is to set aside decision therein (H2) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

APPEALS - Record of appeal - Binding nature - Appellate court must read and interpret record in its exact form - As it has no jurisdiction to read same out of context (H7) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

APPEALS - Record of appeal - Filing - Time limit - Supreme Court Rules O.7 r.7(1) - Despite noncompliance with the rules - Appeal may still be heard pursuant to O.10 r.1(1)(2) of the Rules (H3) Lawson-Jack v. SPDC Nig. Ltd. (2002) 7 KLR (pt. 144) 2333; (2002) 13 NWLR (Pt. 783) 180

APPEALS - Records of Appeal - Binding nature - Parties and courts are bound by such records - Which are presumed correct unless contrary is proved (H14) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

APPEALS - Records of Appeal - Reference to - Correctness of - Appellate court is fully entitled to look at record of appeal - In consideration of any matter before it (H15) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

APPEALS - Rehearing - As issue one did not satisfactorily determine the appeal - Course of justice is better served - If the appeal is sent to Court of Appeal - For hearing on merit (H2) Adeleke v. Raji (2002) 6 KLR (pt. 141) 1703; (2002) 13 NWLR (Pt. 783) 142

APPEALS - Rehearing order - Purpose - Order that matter be heard de novo in civil case - Is made for benefit of both parties - So that the matter in dispute could be resolved on merit (H3) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

APPEALS - Retrial order - Basis - Retrial is ordered where there was error in law or procedure - Which neither renders trial a nullity - Nor makes appellate court to rule that there was no miscarriage of justice (H3) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

APPEALS - Retrial order - When irrelevant - Where there is no appeal against failure of Court of Appeal to pronounce on issues raised - Supreme Court will not order retrial (H5) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

APPEALS Right of appeal - 1999 Constitution s. 233(2)(3) - Appeals may be as of right where grounds are of law Or with leave of court where grounds are of mixed fact and law or of facts (H1) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

APPEALS - Right of appeal - By s.202 of Armed Forces Decree No 105 - Aggrieved party to proceedings in Court of Appeal - Can appeal to Supreme Court (H2) Nigerian Air Force v. Shekete (2002) 7 KLR (pt. 144) 2349

APPEALS - Right of appeal - Constitution (Amendment) Decree No. 3 s. 1 - Plaintiff acquired right of appeal - Before the Decree came into existence (H2) Lawson-Jack v. SPDC Nig. Ltd. (2002) 7 KLR (pt. 144) 2333; (2002) 13 NWLR (Pt. 783) 180

APPEALS - Rules of court - Binding nature of - Court and parties are bound by the rules - And any complaint on procedural irregularity

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

succeeds on appeal - If same caused miscarriage of justice (H5) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

APPEALS - Rules of court - Purpose - Supreme Court Rules O.10 r.2 - Practice Directions pursuant to the rules - Pertain only to period of filing briefs by parties - And not period within which to appeal (H3) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

APPEALS - Sale of goods - Damages - Assessment - Sale of Goods Act s. 51(3) - Application - Since trial judge failed to apply the provision - Opportunity was given to Court of Appeal to reassess the damages (H5) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

APPEALS - Stay of execution - Grant - Since there are no substantial points of law - That necessitate maintaining the status quo until appeal is determined - Stay will not be granted (H5) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

APPEALS - Supreme Court - Abandoned issue - Although fresh point may be raised with leave - But it will be difficult for party to secure leave of the court - To raise an abandoned issue (H2) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

APPEALS - Supreme Court - Fresh issue - Raised without leave - Fate - Since leave was not obtained to challenge representative nature of the cases - The issue is incompetent (H1) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

APPEALS - Supreme Court - Issues - Resolution - Supreme Court can resolve an issue not based on credibility of witnesses - But on inference to be drawn from proved facts (H7) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

APPEALS - Supreme Court - Powers - Supreme Court Act s. 26 - Even when there is no appeal against sentences - The Court can suo

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

motu correct any error made by Court of Appeal (H13) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

APPEALS - Technicality - Appellate courts must not be strict with technicality - As the object of a trial - Is to fairly adjudicate upon dispute between parties (H2) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

ARBITRATION - Award - Finality of - Kelantan's case - Where specific question of construction of a law is referred to arbitrator - His decision on that point cannot be set aside - On the ground that court would have ruled otherwise (H4) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

ARBITRATION - Customary arbitration - Ingredients - Essential characteristics of the arbitration are inter alia - Voluntary submission of dispute - And agreement by parties that decision therefrom is binding (H6) Egesimba v. Onuzuruike (2002) 9-10 KLR (pt. 147) 2877; (2002) 15 NWLR (Pt. 791) 466

ARMED ROBBERY - Conspiracy - Conviction for - Validity - Appellant was rightly convicted of the offence - Irrespective of the altering of conviction for armed robbery - To attempted armed robbery (H3) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

ARMED ROBBERY - Conspiracy - Establishment of - It is inferred from circumstantial evidence - And from common intention of accused persons - Even though armed robbery did not materialize (H2) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

ARMED ROBBERY - Identification of robbers - Appellant's argument - Purpose - Contention that PW4 could not identify the robbers - Was made to assist court on what to believe (H2) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

ARMED ROBBERY - Mandatory sentence - Justification for - Seriousness of offences charged in this case - Justified the mandatory sentence of life imprisonment (H14) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

BAIL - Exercise of discretion - Considerations that determines grant of bail - Often depend on the stage of criminal proceedings (H1) Abacha v. State (2002) 3 KLR (pt. 135) 483

BAIL - Grant - Conditions - Allegation of ill health - Sustainability - Mere allegation of bad health will not be sufficient - As discretion is exercised based on facts of each case (H3) Abacha v. State (2002) 3 KLR (pt. 135) 483

BAIL - Grant - Conditions - Fawehinmi v. The State - Ill health is consideration that justifies - Grant of bail on special circumstances (H2) Abacha v. State (2002) 3 KLR (pt. 135) 483

BANKING - Charges - Conviction - Propriety - Appellant was not convicted for offence for which he was not charged - But was rightly convicted for approving the overdraft facility of N14 million (H5) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

BANKING - Contracts - Fiduciary duty - Bank has duty to send statements of account to customer - At regular interval as may be agreed upon by parties (H2) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

BANKING - Courts - Jurisdiction - By virtue of 1979 Constitution s. 230(1)(d) - That specially applied to appellant as a bank - State High Court has jurisdiction over the matter (H2) Fed. Mortgage Bank of Nig. v. Olloh (2002) 7 KLR (pt. 146) 2751; (2002) 9 NWLR (Pt. 773) 475

BANKING - Federal Mortgage Bank - Status - The bank is mere business organization given functions to perform - As nothing in its Act suggests that it is an agency of the Federal Government (H1) Fed. Mortgage Bank of Nig. v. Olloh (2002) 7 KLR (pt. 146) 2751; (2002)

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

9 NWLR (Pt. 773) 475

BANKING - General damages - Proof - Since there was no proof of dishonoured cheque - There was no justification for award of N3.5 million general damages (H5) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

BANKING - Revocation of licence - Jurisdiction - BOFID s. 49 provides an ouster clause - Hence plaintiff must show bad faith and element of same in the revocation - In order to confer jurisdiction on court (H5) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

BANKING - Tribunal - Documents - Interpretation of - The trial tribunal rightly interpreted paragraph 3 of Exhibits C1 C2 D & H - And Court of Appeal rightly confirmed same (H6) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

BANKING - Tribunal - Evidence - Preference for - Propriety - In the presence of principal characters - The tribunal needed not to have bothered with Exhibits C1 C2 D & H (H4) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

BILLS OF LADING - Carriage of goods by sea - Charter-parties Incorporated in bills of lading - Terms of the charter were incorporated in the bills By the statement "to be used with charter-parties" (H8) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

BILLS OF LADING - Carriage of goods by sea - Charterparty - Incorporated in bills of lading - Scope - Where the words of incorporation are general They do not cease to be operative by that fact alone (H9) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

BILLS OF LADING - Carriage of goods by sea - Charterparty Terms of - Incorporated in bill of lading - Determining tests - Consideration of the tests do not arise in this instance (H6) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt.

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

758) 520

BILLS OF LADING - Documents - Charterparty Bills of lading - Words of incorporation in - Since the words are contained in the bills - The charterparty did not constitute extrinsic evidence of terms - Binding on parties thereto (H11) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

BILLS OF LADING - Relevance of - Bill of lading - Relevance of - Bill of lading is contract between shipowner and endorsee on the bill (H5) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CARRIAGE OF GOODS BY SEA - Admiralty - Findings of courts - Effect - Reliance on rule 8 of Article III Hague Rules did not affect - The courts' approach to determination of the carrier's liability - And same is of no consequence to the result of the case (H1) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

CARRIAGE OF GOODS BY SEA Affreightment - Binding nature - A party cannot impugn existence of such contract On the ground that document is unsigned Unless if such is a condition precedent (H7) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CARRIAGE OF GOODS BY SEA Bill of lading - Relevance of - Bill of lading is contract between shipowner and endorsee on the bill (H5) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CARRIAGE OF GOODS BY SEA Charter-parties Incorporated in bills of lading - Terms of the charter were incorporated in the bills By the statement "to be used with charter-parties" (H8) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CARRIAGE OF GOODS BY SEA Charterparty - Binding nature - Determination - Deciding whether parties are bound before the char

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

ter is signed Depend on if they are ad idem or have agreed to be bound (H3) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CARRIAGE OF GOODS BY SEA Charterparty - Incorporated in bills of lading - Scope - Where the words of incorporation are general They do not cease to be operative by that fact alone (H9) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CARRIAGE OF GOODS BY SEA Charterparty - Meaning - Charterparty is a document embodying terms of contract of affreighment (H1) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CARRIAGE OF GOODS BY SEA Charterparty Terms in - Mode - Charterparty may be orally made or written - But its express terms are those agreed by parties (H4) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CARRIAGE OF GOODS BY SEA Charterparty Terms of - Incorporated in bill of lading - Determining tests - Consideration of the tests do not arise in this instance (H6) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CARRIAGE OF GOODS BY SEA - Charterparty - Validity - Requirement - Signed contract is not essential for charterparty The vital thing is that parties have agreed to be bound by identifiable terms (H2) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CASE LAW - Citation - Court does not confine itself to authorities cited by parties - As it can in an effort to improve its judgment - Rely on authorities not cited by parties (H10) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

CASE LAW - Judgments - Dissenting judgment - Status - Dissenting judgment however powerful - Is not the judgment of court - And is therefore not binding (H9) Orugbo v. Rauna (2002) 9-10 KLR (pt.

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

147) 2963; (2002) 16 NWLR (Pt. 792) 175

CHARGES - Amendment - Fresh plea - Procedure - The amended charge is read over and explained to accused - And his fresh plea taken (H3) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

CHARGES - Amendment - Vital consideration - Amendment can be made suo motu by court - Or on application by prosecution - Provided injustice is not done to accused (H2) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

CHARGES - Amendment - Witnesses - Recall - Whenever there is amendment - Accused is permitted to recall witnesses who had earlier testified - For further cross examination (H4) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

CHARGES - Amendment of - Criminal Procedure Code s. 208(1) - Empowers court to amend charge - Any time before judgment is delivered (H1) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

CHARGES - Amendment of - Fair hearing - Trial of appellant complied with rules of court - Hence here is nothing to justify allegation of unfair hearing (H3) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

CHARGES - Amendment of - Prosecution does not need leave to amend charges - But applies to court to accept the amendment - Pursuant to Criminal Procedure Law s. 163 (H1) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

CHARGES - Amendment of - Validity - Since prosecution complied with Criminal Procedure Law s. 163 - The amended charge is therefore valid (H2) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

CHARGES - Conviction - Conspiracy - Sustainability - Conviction for conspiracy charge does not fail - Merely because conviction on

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

substantive charge had failed (H3) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

CHARGES - Conviction - Propriety - Appellant was not convicted for offence for which he was not charged - But was rightly convicted for approving the overdraft facility of N14 million (H5) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

CHARGES - Court martial - Amendment of charges - Effect - Since trial began within three months as required - Amendment of the charge is of no effect (H3) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

CHARGES - Criminal proceedings - Commencement - The proceedings start when an accused person is arraigned before court - Or when charge has been filed against him in court (H9) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

CHARGES - Duplicity - Effect on conviction - A conviction will not be quashed - Merely on the ground of duplicity of charge - Unless a miscarriage of justice has occurred (H2) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

CHARGES - Failure to record - Though it is good for court to record that charge was read and explained to accused - But failure to do so does not render trial a nullity (H1) Akpan v. State (2002) 7 KLR (pt. 146) 1281; (2002) 12 NWLR (Pt. 780) 189

CHARGES - Fair hearing - Amendment of charge - Appellants were not prejudiced by the fact of amendment - Since trial court adopted a proper procedure (H5) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

CHARGES - Indictment - Need for clarity - The charge must be clear - So that accused will understand the complaint against him (H9) Abacha v. State (2002) 7 KLR (pt. 143) 2029

CHARGES - Joinder of offences - Propriety - It is improper to charge two distinct offences in single charge - And amendment was needed

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

to correct such error (H1) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

CHARGES - Murder - Long incarceration - Retrial order - Propriety - Order of fresh trial is not oppressive - As charge is for capital offence (H6) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

CHARGES - Other offence - Conviction - By Special Tribunal Act s. 10(5) - Person charged for an offence under the Act - Can be convicted for any other offence disclosed by evidence at trial (H3) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

CHARGES - Preferment - Application for - Grant - There must be clear particulars and facts in the proof of evidence - To justify grant of the application - As trial is not automatic (H1) Abacha v. State (2002) 7 KLR (pt. 143) 2029

CHIEFTAINCY MATTERS Statutes Chiefs Edict s. 11A - Intendment - The law was enacted to remedy mischief brought about by judgment in suit No. HAD/48/84 - Annulling the reign of an Oba (H10) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

COMMERCIAL LAW - Agency - Agent of foreign principal - Personal liability - Where an agent contracts on behalf of a foreign principal - It is presumed that he is personally liable - Unless a contrary intention appears (H4) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

COMMERCIAL LAW - Contracts - Bailment - Loss of goods - Burden of proof - In case of loss of goods - It is the bailees' duty to prove that the loss was not caused by his breach of duty - It is not the bailors' duty to show that it did (H3) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

COMMERCIAL LAW - Debt - Actions - Basis - The case is not based on admiralty - But on the debt owed by appellant to respondent

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

(H1) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

COMPANY LAW - Actions - Commencement - Proper party - Foss v. Harbottle - Proper plaintiff in action for wrong done to company - Is the company itself (H1) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

COMPANY LAW - Actions - Right of action - CAMA s. 425 - Liquidator in a winding up by court - Shall have power to bring or defend - Action on behalf of a company (H10) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

COMPANY LAW - Foreign companies - Right of action - Since Nigeria is part of comity of nations - Foreign corporations should be granted right - To sue and be sued in Nigerian courts (H1) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

COMPANY LAW - Legal personality - Proof - Addition of LTD or PLC to company's name - Would not necessarily denote a legal person (H2) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

COMPANY LAW - Legal personality - Proof - Certificate of incorporation ought to have been produced by respondent - As that was the only way to prove its legal personality (H3) ACB Plc v. Emostrade Ltd (2002) 4 KLR (pt. 137) 959; (2002) 8 NWLR (Pt. 770) 501

COMPANY LAW - Legal personality - Proof - Means - Except where admitted by opposing party - Company claiming legal personality must prove same - By tendering its certificate of incorporation (H3) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

COMPANY LAW - Power of Attorney - Authority to act - A proper construction of exhibit B - Empowers the attorney to take legal action to protect plaintiff's shareholding in the company (H3) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

(Pt. 753) 217

CONFLICT OF LAWS - Appeals - Statutes - Rules of court - Neither Supreme Court Practice Direction nor rules of court - Can override statutory provisions (H4) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

CONFLICT OF LAWS - Electoral Act - With the exception of ss. 16, 26 to 41, 43 to 73, 116, 117 and 118(1) to (7) - Ss. 15 to 73 and 110 to 122 are from date of commencement of the Act - Inoperative for being inconsistent with 1999 Constitution (H10) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

CONFLICT OF LAWS - Legislature - Legislation - Supremacy of - Where National and State House of Assembly exercise power under s.4(2)(4)(b)(7)(c) 1999 Constitution - Legislation by the former prevails by virtue of s.4(5) thereof (H3) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

CONFLICT OF LAWS - Statutes - Repealing - Effect on existing rights - By s.6(1)(c) Interpretation Act - Rights accrued to individual shall not be affected - By the repeal of an enactment (H3) Orthopedic Hospital Mgt. Board v. Garba (2002) 7 KLR (pt. 145) 2425; (2002) 14 NWLR (Pt. 788) 538

CONSTITUTIONAL LAW - Actions - Right of action - 1999 Constitution s. 6(6)(b) does not confer locus standi independently - As plaintiff's claim must also disclose cause of action (H2) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

CONSTITUTIONAL LAW - Appeals - Grounds - Mixed law & facts - By s.233(3) 1999 Constitution - Leave is required to file such grounds - Otherwise the appeal is incompetent (H1) Central Bank of Nigeria v. Okojie (2002) 3 KLR (pt. 135) 537; (2002) 8 NWLR (Pt. 768) 48

CONSTITUTIONAL LAW - Appeals - Right of appeal - 1999 Constitution s. 233(2)(3) - Appeals may be as of right where grounds are of law Or with leave of court where grounds are of mixed fact and law

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

or of facts (H1) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

CONSTITUTIONAL LAW - Appeals - Right of appeal - Constitution (Amendment) Decree No. 3 s. 1 - Plaintiff acquired right of appeal - Before the Decree came into existence (H2) Lawson-Jack v. SPDC Nig. Ltd. (2002) 7 KLR (pt. 144) 2333; (2002) 13 NWLR (Pt. 783) 180

CONSTITUTIONAL LAW - Banking - Courts - Jurisdiction - By virtue of 1979 Constitution s. 230(1)(d) - That specially applied to appellant as a bank - State High Court has jurisdiction over the matter (H2) Fed. Mortgage Bank of Nig. v. Olloh (2002) 7 KLR (pt. 146) 2751; (2002) 9 NWLR (Pt. 773) 475

CONSTITUTIONAL LAW - Conflict of laws - Electoral Act - With the exception of ss. 16, 26 to 41, 43 to 73, 116, 117 and 118(1) to (7) - Ss. 15 to 73 and 110 to 122 are from date of commencement of the Act - Inoperative for being inconsistent with 1999 Constitution (H10) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

CONSTITUTIONAL LAW - Constitution - "State" - Meaning - By s.13 1999 Constitution - The word refers to all organs of government and authorities - Exercising legislative executive and judicial powers (H4) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

CONSTITUTIONAL LAW - Constitution - Federation Account - External debts - Settlement of - Neither the Federal nor State Governments - Can charge its debts on the Account (H14) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

CONSTITUTIONAL LAW - Constitution - Federation account - Revenue allocation - "Not less that 13%" - Meaning - The phrase is discretion given to lawmakers - Hence it is not for court to exercise same (H12) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

CONSTITUTIONAL LAW - Constitution - Federation Account - Trusteeship - By s. 162 (1) 1999 Constitution - Federal Government is trustee - Who renders account to beneficiaries - When called upon to do so (H13) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

CONSTITUTIONAL LAW - Constitution - Interpretation - "Otherwise" - Meaning - 1999 Constitution s. 308(1)(b) - The word means any lawful process or command - Which has same effect as a process of any court (H10) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

CONSTITUTIONAL LAW - Constitution - Interpretation - Principle - 1999 Constitution s. 308 - Where constitutional provisions are unambiguous - The same shall be given their ordinary meaning (H7) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

CONSTITUTIONAL LAW - Constitution - Interpretation - Principle - Since Constitution is the grundnorm - Any narrow interpretation of it - Will fail to achieve the goals set therein (H2) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

CONSTITUTIONAL LAW - Constitution - Revenue allocation - Applicable law - Allocation of revenue Act Cap 16 - Is the applicable law - Provided that it is not inconsistent with 1999 Constitution (H8) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

CONSTITUTIONAL LAW - Constitution - Revenue Allocation - Derivation principle - By s. 162(2) 1999 Constitution - Defendants are not entitled to share - In revenue obtained from natural resources in continental shelf of Nigeria (H17) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

CONSTITUTIONAL LAW - Constitution - Revenue Allocation - Derivation principle - Proof - Since 6^th defendant failed to prove his

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

entitlement to natural gas revenue on 13% basis - His claim will be dismissed (H20) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

CONSTITUTIONAL LAW - Constitution Decree No. 107 of 1993 - Purpose - The Decree was enacted to restore and suspend some - And modify other provisions of 1979 Constitution (H2) Orthopedic Hospital Mgt. Board v. Garba (2002) 7 KLR (pt. 145) 2425; (2002) 14 NWLR (Pt. 788) 538

CONSTITUTIONAL LAW - Criminal procedure - Fair hearing - Interpreter - 1979 Constitution s. 33(6)(a)(e) - Failure to provide interpreter where needed - Is breach of the section which is fatal to a criminal trial (H4) Anyanwu v. State (2002) 6 KLR (pt. 141) 1741; (2002) 13 NWLR (Pt. 783) 107

CONSTITUTIONAL LAW - Criminal proceedings - Commencement - Powers of A-G Federation - By s. 286(1)(b) 1999 Constitution - A.G. Fed can initiate such proceedings in any State (H5) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

CONSTITUTIONAL LAW - Fair hearing - Breach - Since respondents were not given opportunity to defend themselves - Injunctive order made against them - Violated their right to fair hearing - As enshrined in 1979 Constitution s. 31(1) (H15) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

CONSTITUTIONAL LAW - General elections - Qualification - NA has no power to make law with respect to qualification or disqualification of candidates for the elections - Without complying with requirements of s. 9 of the Constitution (H9) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

CONSTITUTIONAL LAW - Jurisdiction - Federal High Court - 1979 Constitution s.230 - The section confers exclusive jurisdiction on the court - Since defendant is an agency of Federal Government (H1) NEPA v. Edegbero (2002) 12 KLR (pt. 150) 3399; (2002) 18 NWLR (Pt. 798) 79

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

CONSTITUTIONAL LAW - Jurisdiction - State High Court - 1999 Constitution s.251 - Where the Constitution confers jurisdiction - Power of court cannot be vitiated - Merely because the matter concerns parties who are Moslems - Provided the matter is not of Islamic personal law (H4) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

CONSTITUTIONAL LAW - Legislations - Maritime - Territory of Nigeria - Territorial Waters Act Sea Fisheries Act & Exclusive Economic Zone Act - Have not extended Nigerian territory beyond its constitutional limit (H6) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

CONSTITUTIONAL LAW - Legislative power - National Assembly - By s.4(2) 1999 Constitution - National Assembly can make laws for good governance of the federation - With respect to matters in exclusive legislative list (H1) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

CONSTITUTIONAL LAW - Legislature - Legislation - Supremacy of - Where National and State House of Assembly exercise power under s.4(2)(4)(b)(7)(c) 1999 Constitution - Legislation by the former prevails by virtue of s.4(5) thereof (H3) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

CONSTITUTIONAL LAW - Local Government officials - Tenure - The 3 year tenure prescribed by Decree 36 of 1998 is valid - Since by Interpretation Act s. 6(1)(c) - The repeal of the Decree did not affect right accrued thereunder (H2) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

CONSTITUTIONAL LAW - Maritime - Littoral States - Computation of revenue - Basis - 1999 Constitution s. 162(2) - Low water mark of land surface of the States - Shall be used for the calculation (H9) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

CONSTITUTIONAL LAW - Police - Criminal investigation - Limita

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

tion - 1999 Constitution s. 308 - Police can investigate criminal allegation against a Governor - So long as they do not encounter him - In the course of investigation (H6) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

CONSTITUTIONAL LAW - Police - Exercise of discretion - Investigation of crime - 1999 Constitution s. 188 - The section provides no reason for police - To refuse an investigation of alleged crime in appropriate circumstance (H3) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

CONSTITUTIONAL LAW - Revenue Allocation - Derivation principle - Commencement - The principle commenced on 29/05/1999 - Same date 1999 Constitution came into effect (H18) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

CONSTITUTIONAL LAW - Revenue allocation - Distribution - Local Government Account - Under the 1999 Constitution s. 162(5) - Federal Government cannot validly make direct payment into the account (H1) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

CONSTITUTIONAL LAW - State Joint Local Govt Account - Creation - Under 1999 Constitution s. 4(7) - State House of Assembly is empowered to create the account (H2) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

CONSTITUTIONAL LAW - Tax revenue - Claim - Refusal - Basis - Claim 5 is refused as there is no claim like s. 162(i)(iv) but rather s. 162(1)(4) - And National Assembly is yet to pass law in respect of the claim (H4) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

CONTEMPT OF COURT - Appeals - Committal application - Jurisdiction - Court of Appeal Act s.16 - Power exercisable by the court - Does not include what trial court could not have done (H11) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

NWLR (Pt. 782) 575

CONTEMPT OF COURT - Appeals - Committal orders - Validity of - Since 2^nd & 5^th defendants have ceased to be parties at Court of Appeal - The orders were made in error and should be set aside (H8) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

CONTRACTS - Agency - Agent - Liability - Agent of a disclosed principal is not personally liable - On a contract he enters on behalf of the principal (H6) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

CONTRACTS - Appeals - Misconception - Effect - Where an appellate court misconceives appellant's case - Its decision can hardly be right (H5) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

CONTRACTS - Bailment - Loss of goods - Burden of proof - In case of loss of goods - It is the bailees' duty to prove that the loss was not caused by his breach of duty - It is not the bailors' duty to show that it did (H3) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

CONTRACTS - Banking - Fiduciary duty - Bank has duty to send statements of account to customer - At regular interval as may be agreed upon by parties (H2) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

CONTRACTS - Binding nature of - Appellant's letter of acceptance - Is not enough to make the transaction a legally binding one - As he failed to meet the conditions precedent in Exhibit 75 (H10) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

CONTRACTS - Breach - Establishment - To establish breach of contract - Appellant need not prove entering into contract with a third party (H6) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

CONTRACTS - Breach - Jurisdiction - Determination - By O.4 r.3 High Court Rules of Anambra State - Jurisdiction can be decided by where contract was made - Where it ought to have been performed - And where defendant resides (H3) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

CONTRACTS - Breach - Public Officers Protection Ordinance s.2 - Application - The section does not apply to cases of contract (H4) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

CONTRACTS - Carriage of goods by sea - Affreightment - Binding nature - A party cannot impugn existence of such contract On the ground that document is unsigned Unless if such is a condition precedent (H7) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CONTRACTS - Carriage of goods by sea - Bill of lading - Relevance of - Bill of lading is contract between shipowner and endorsee on the bill (H5) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CONTRACTS - Carriage of goods by sea - Charterparty - Meaning - Charterparty is a document embodying terms of contract of affreighment (H1) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CONTRACTS - Carriage of goods by sea - Charterparty - Validity - Requirement - Signed contract is not essential for charterparty The vital thing is that parties have agreed to be bound by identifiable terms (H2) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

CONTRACTS - Claim - Validity of - Claim under a lawful contract will not fail - By reason of illegality of another contract - If plaintiff can establish his case - Without reference to the illegal contract (H4) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

CONTRACTS - Conditional contract - Enforcement - Action cannot be maintained to recover expenses - Incurred during negotiation of such contract (H6) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

CONTRACTS - Conveyance - Specific performance - Sustainability - The order ought not to have been made - As a person who does not own a property cannot be compelled to convey same (H7) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

CONTRACTS - Conveyance - Validity - Plaintiff did not acquire any interest in the property - As the sale was void ab initio - By reason of lack of consent of the co heirs (H5) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

CONTRACTS - Damages - Quantum - Computation of - Measure of damages will be determined by difference between contract price - And current market price - Or price when the vehicles ought to have been delivered (H3) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

CONTRACTS - Defence of illegality - Who can raise - Stranger to illegal transaction will not be allowed - To raise defence of illegality in such a transaction (H7) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

CONTRACTS - Discharge of - Means - Contract may be discharged by performance - Express agreement - Or by doctrine of frustration - And also by breach (H11) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

CONTRACTS - Documents - Incorporation by reference - Evidence Act s.132 - Application - The section does not apply to contract - That has incorporated terms of another document by reference (H10) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

CONTRACTS - Documents - Mistakes - Rectification - Basis - Not every type of mistake can be relied on - As ground for rectification of written document (H1) The Vessel "Leona II" v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

CONTRACTS - Documents - Non contractual document - Rectification - Where document is not contractual - Court may enquire whether party seeking its rectification - Has sufficient interest to invoke jurisdiction of court (H4) The Vessel "Leona II" v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

CONTRACTS - Documents - Rectification - Equity rectifies instruments and not contracts - Hence document which records prior agreement - Cannot be rectified merely because of mistake (H2) The Vessel "Leona II" v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

CONTRACTS - Establishment - Ingredients - For a contract to come into being - There must have been a definite offer by offeror - And a definite acceptance by offeree (H4) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

CONTRACTS - Master & servant - Contract of service - Enforcement - Court will not foist an employee on an unwilling employer - Or make an order of specific performance of an ordinary contract of service (H2) Isievwore v. NEPA (2002) 7 KLR (pt. 144) 2317; (2002) 13 NWLR (Pt. 784) 417

CONTRACTS - Offer - Acceptance - In unilateral contract - Offer is accepted on commencement of performance - Though completion of performance - Is condition precedent for offeror's liability (H1) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

CONTRACTS - Offer - Mode of acceptance - Acceptance may be demonstrated by the conduct of parties - As well as by their words - Or by documents that have passed between them (H2) FGN v. Ze

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

bra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

CONTRACTS - Oil Prospecting Licence - Revocation - Reasons for - Rationale for terminating the contract is irrelevant - But it amounts to breach of contract - Where termination was done contrary to statute (H7) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

CONTRACTS - Terms - Non-performance - Effect - Where a fundamental item is left unaccomplished - The same vitiates the contract (H9) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

CONTRACTS - Words & phrases - Liquidated demand - Meaning - Liquidated demand is ascertainable debt or sum of money payable - Without further investigation (H6) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

CONVEYANCING - Contract - Validity - Plaintiff did not acquire any interest in the property - As the sale was void ab initio - By reason of lack of consent of the co heirs (H5) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

CONVEYANCING - Property law - Jointly owned property - Defendant rightly contended that the sale was subject to ratification - As both Exhibit 2 & original C of O - Did not show that the property exclusively belonged to defendant (H3) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

CONVEYANCING - Specific performance - Sustainability - The order ought not to have been made - As a person who does not own a property cannot be compelled to convey same (H7) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

CONVEYANCING - Unpleaded evidence - Weight - Evidence of PW3 & 4 that consent of co heirs was obtained prior to the sale is inadmis

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

sible - Since it was not pleaded by plaintiff (H6) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

CONVICTION - Charge - Other offence - By Special Tribunal Act s. 10(5) - Person charged for an offence under the Act - Can be convicted for any other offence disclosed by evidence at trial (H3) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

CONVICTION - Charges - Duplicity - Effect on conviction - A conviction will not be quashed - Merely on the ground of duplicity of charge - Unless a miscarriage of justice has occurred (H2) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

CONVICTION - Charges - Propriety - Appellant was not convicted for offence for which he was not charged - But was rightly convicted for approving the overdraft facility of N14 million (H5) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

CONVICTION - Confession - Accused will not be convicted upon inadmissible statement - Unless prosecution shows that same was voluntarily obtained (H2) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

CONVICTION - Confession - Retraction - Although appellant resiled from his statement - The same remained voluntary - As the trial Judge applied right principle regarding conviction on such confession (H1) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

CONVICTION - Confessions - Retraction - Court can convict on retracted confession - Though it is desirable that there be some corroboration - No matter how slight (H14) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

CONVICTION - Confessions - Voluntariness - Positive confession of guilt is sufficient to warrant a conviction - Without corroborative evidence - Though court should first of all test the truth thereof (H13) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

(Pt. 782) 543

CONVICTION - Conspiracy - Sustainability - Conviction for conspiracy charge does not fail - Merely because conviction on substantive charge had failed (H3) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

CONVICTION - Conspiracy - Validity - Appellant was rightly convicted of the offence - Irrespective of the altering of conviction for armed robbery - To attempted armed robbery (H3) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

CONVICTION - Correctness of - The conviction was proper - Since error made by Court of Appeal - Has not affected case against appellant (H5) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

CONVICTION - Crime - Suspicion - Effect - Suspicion however strong it may be - Cannot constitute a crime or ground a conviction (H4) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

CONVICTION - Discharge & acquittal - Co accused - Where there is joint trial of accused persons on a clearly interwoven case - Conviction of one cannot stand - Where the other was discharged & acquitted (H3) Akpan v. State (2002) 7 KLR (pt. 146) 1281; (2002) 12 NWLR (Pt. 780) 189

CONVICTION - Judicial precedents - Authorities - Distinction - Tobby v. The State - Present case is different from the case law - Because evidence abound upon which - Accused can be convicted (H2) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

CONVICTION - No case submission - Determination - If a no case submission is made - Judge is to consider whether evidence exists for conviction - And whether it is safe to convict on such evidence (H4) Emedo v. State (2002) 7 KLR (pt. 143) 2239; (2002) 15 NWLR (Pt. 789) 196

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

CONVICTION - Unlawful assault - Correctness of - Accused can be rightly convicted of the offence pursuant to Criminal Code s. 355 - Although he was not specifically charged with same (H10) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

COURT MARTIAL - Appeals - Filing - Time frame - Armed Forces Act s.184(1) - Appeal to Court of Appeal shall be lodged within 40 days - From date Court Martial promulgated its findings (H3) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

COURT MARTIAL - Appeals - Leave - Failure to obtain - Effect - Since respondent did not seek leave to appeal against decision of Court Martial - The appeal is incompetent (H6) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

COURT MARTIAL - Appeals - Orders of court - Discharge & acquittal - Propriety - Court of Appeal wrongly gave the order - As there is no legal basis for so deciding (H8) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

COURT MARTIAL - Charges - Amendment - Effect - Since trial began within three months as required - Amendment of the charge is of no effect (H3) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

COURT MARTIAL - Convening of - Power - By s.131(3) Armed Forces Decree - An appropriate superior authority can authorize senior officer - To order a court martial in special circumstances (H1) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

COURT MARTIAL - Documents - Official acts - Regularity of - Confirmation of the authorization to convene court martial in writing - Raises presumption of regularity - In absence of evidence to the contrary (H2) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

COURT MARTIAL - Evidence - Crime - Proof - From findings of the

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

court martial - Appellant clearly proved that N10m was stolen by accused - Inclusive of respondent who aided and abetted the forgery (H5) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

COURT MARTIAL - Orders of court - Restitution - Instance - Armed Forces Decree s. 174 - Permits invocation of restitution against person - Who has been found guilty of an offence (H9) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

COURT PROCESSES - Abuse - Prevention of - Courts have inherent power - To prevent abuse of their processes - By any of the parties (H3) Abacha v. State (2002) 7 KLR (pt. 143) 2029

COURT PROCESSES - Abuse of - Appellant's use of ex parte order to obtain release of judgment debt - While an application is pending at Court of Appeal against same - Was intended to render appellate court helpless (H2) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

COURT PROCESSES - Actions - On behalf of infants - Proper endorsement was not followed on the court processes - Which default was fundamental and not mere technicality (H5) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

COURT PROCESSES - Actions - Preaction notice - Court processes - Distinction - Preaction notice is for benefit of person to be served - And should not be equated with processes - Which are integral part of proceeding (H5) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

COURT PROCESSES - Affidavit of service - Processes - Affidavit of service - Proof - Affidavit of service is non-contentious document - Which is not required to be proved before court (H4) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

COURT PROCESSES - Appeals - Notice of appeal - Service of - By

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

O.7 r.5 Court of Appeal Rules - Notice shall be served on named parties - But parties not directly affected - Need not be served (H5) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

COURT PROCESSES - Courts - Exercise of discretion - Correctness of - Service of process outside jurisdiction - Trial judge exercised discretion properly - By ordering the service - Though no leave was obtained before it was issued (H3) Caribbean Trading & Fidelity Corp. v. NNPC (2002) 5 KLR (pt. 138) 1169; (2002) 14 NWLR (Pt. 786) 133

COURT PROCESSES - Originating summons - Absence of affidavit - Effect - Without verification by affidavit evidence of facts alleged - The summons is incompetent and liable to be struck out (H1) Keyamo v. House of Assembly Lagos State (2002) 9-10 KLR (pt. 147) 3015; (2002) 18 NWLR (Pt. 799) 605

COURT PROCESSES - Originating summons - Service outside jurisdiction - Validity - The issue of the summons was valid - Though without obtaining leave - Since there is an address for service within Nigeria (H2) Caribbean Trading & Fidelity Corp. v. NNPC (2002) 5 KLR (pt. 138) 1169; (2002) 14 NWLR (Pt. 786) 133

COURT PROCESSES - Service - Outside jurisdiction - Leave to issue - Lagos High Court Rules O.2 r.4 - Judge should consider the purpose of the rules - In granting or refusing leave - So as to avoid indulging in technicalities (H1) Caribbean Trading & Fidelity Corp. v. NNPC (2002) 5 KLR (pt. 138) 1169; (2002) 14 NWLR (Pt. 786) 133

COURT PROCESSES - Service - Proof - Appellant who did not pay for service - Has onus to establish that he duly served respondent with the process (H6) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

COURT PROCESSES - Service - Proof - Where service is in dispute - Bailiff can swear to an affidavit of service - Although a certificate of service is not an exclusive means of proof (H2) A-G Anambra State

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

COURT PROCESSES - Service - Relevance - Service of writ of summons is condition precedent - To exercise of jurisdiction by court - Out of whose registry the process was issued (H7) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

COURT PROCESSES - Writ of summons - Amendment - Commencement - Amendment takes effect from date on original document - And action continues as if amendment had been inserted from the beginning (H1) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

COURT PROCESSES - Writ of summons - Amendment - Leave - Court can grant leave to a party to amend his writ and pleadings - And when necessary - Court makes the amendment (H4) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

COURT PROCESSES - Writ of summons - Amendment - Procedure - Plaintiff can briefly state in general form - Particulars of his amendment - Which will sufficiently inform defendant of the details thereof (H3) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

COURTS - Action - Hearing - It is the duty of judge to facilitate the hearing - Of action pending before him (H1) Jonason Triangles Ltd v. Charlesmoh & Partners Ltd (2002) 9-10 KLR (pt. 147) 3001; (2002) 15 NWLR (Pt. 789) 176

COURTS - Actions - Allegation of crime - Lack of evidence - Effect - In absence of evidence in regard to the alleged crime - Application for order of mandamus ceased to have any purpose - And court will have no business to discuss same (H11) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

COURTS - Actions - Claims - Basis - It is clear from claim before court

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

- That Aba Boko is the settlement in dispute - As it is wrong to impute what respondents did not make as their case (H2) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

COURTS - Actions - Commencement - Presumption of regularity - Plaintiff who commenced action which on the face is competent - Is deemed to have invoked presumed jurisdiction of court (H3) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

COURTS - Actions - Juristic personality - Amendment of writ - Trial court wrongly exercised its power under O. 32 - Because plaintiffs did not apply for amendment - Even after objection was raised to 1^st defendant being sued in the name of a non juristic person (H1) Maersk Line v. Addide Invest. Ltd. (2002) 7 KLR (pt. 146) 2783; (2002) 11 NWLR (Pt. 778) 317

COURTS - Actions - Justice delivery - Courts should aim at doing substantial justice And allow formal amendments - Necessary for achievement of justice (H2) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

COURTS - Actions - Land law - Locus in quo - Visit to - Exercise of discretion - Order to conduct the visit in action de novo is inappropriate - As new trial judge has discretion whether or not to conduct such visit (H7) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

COURTS - Actions - Orders of court - Enforcement of - Applicable laws - Uhunmwangbo v. Okojie - The relevant laws are Sheriff and Civil Process law s.71 & Judgment Enforcement Rules O.9 r.13 - Hence trial court and Court of Appeal were wrong to have relied on English rules of procedure (H2) Adaka v. Anekwe (2002) 6 KLR (pt. 141) 1691; (2002) 12 NWLR (Pt. 781) 409

COURTS - Actions - Pleadings & findings - Sufficiency of - Determination - Sufficiency of pleadings and of findings in a case - Are determined by the cause of action (H5) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

COURTS - Actions - Proof - Onus of - Onus is always on plaintiff to prove his case - To the satisfaction of trial court (H1) Layinka v. Makinde (2002) 5 KLR (pt. 139) 1297; (2002) 10 NWLR (Pt. 775) 358

COURTS - Actions - Public policy - Consideration of - Court should consider whether to allow a claim will be contrary to public policy - Or a denial of same will amount to injustice (H8) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

COURTS - Admiralty - Findings of courts - Effect - Reliance on rule 8 of Article III Hague Rules did not affect - The courts' approach to determination of the carrier's liability - And same is of no consequence to the result of the case (H1) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

COURTS - Admiralty - Jurisdiction - Invocation - Condition precedent - Admiralty jurisdiction of Federal High Court cannot be invoked - Once goods carried by ship have been discharged in the harbour (H2) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

COURTS - Admission or default of defence - Declaration of right - Basis for grant - Court does not make declarations on admissions or in default of defence - Without hearing evidence and being satisfied with same (H11) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

COURTS - Affidavits - Depositions - Counter-affidavit - Failure to file - Effect - Defendants are deemed to have admitted facts in affidavits - And court is to rely on same (H1) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

COURTS - Affidavits - Depositions - Source - Need to disclose - Deponents must state source of their information - As court will not act upon such evidence - Save where corroborated by witness from personal knowledge (H12) Maja v. Samouris (2002) 3 KLR (pt. 135)

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

547; (2002) 7 NWLR (Pt. 765) 78

COURTS - Appeal - Findings of facts - Interference - Unless special circumstance such as a perverse decision - Is clearly manifested in the record - Appellate court should not substitute its own findings for those of trial court (H1) Nwaeze v. Onuorah (2002) 7 KLR (pt. 146) 2533

COURTS - Appeals - Academic issues - Fate - Where a question before court is entirely academic or speculative - Appellate court will decline to decide the point (H12) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

COURTS - Appeals - Actions - Subject matter - Need to preserve - Court must see that the res is preserved - Especially where execution of successful appeal will be impossible (H3) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

COURTS - Appeals - Basis - As ruling of the trial court was not based on provisions of the African Charter of Human Rights - Appeal to Court of Appeal cannot be predicated on the Act (H3) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

COURTS - Appeals - Committal application - Jurisdiction - Court of Appeal Act s.16 - Power exercisable by the court - Does not include what trial court could not have done (H11) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

COURTS - Appeals - Competence - Issues - Propriety of raising - The issue can be raised in Supreme Court - Because appellate court will not exercise jurisdiction - Over person who is not a party to the proceedings (H6) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

COURTS - Appeals - Concurrent findings - Supreme Court will not interfere - Since appellant failed to impeach findings of the lower courts (H7) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135)

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

631; (2002) 7 NWLR (Pt. 765) 1

COURTS - Appeals - Cross appeal - Striking out - Propriety - The cross appeal was rightly struck out in the circumstance - Having become an academic exercise in the Court of Appeal (H7) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

COURTS - Appeals - Damages - Quantum - Appellate court does not interfere - Save if it is satisfied that trial court has acted on wrong principle of law - And has made an erroneous estimate (H2) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

COURTS - Appeals - Decision - Interference - Court of Appeal rightly refused to interfere with decision of trial judge - More so as appellants have not shown that the court was wrong (H2) Jonason Triangles Ltd v. Charlesmoh & Partners Ltd (2002) 9-10 KLR (pt. 147) 3001; (2002) 15 NWLR (Pt. 789) 176

COURTS - Appeals - Determination of - Court of Appeal cannot in all cases - Validly determine on merit - Matter it earlier struck out for improper filing (H9) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

COURTS - Appeals - Error - Court of Appeal - Was clearly in grave error - In allowing an appeal which was never before it (H1) Bako v. Laniyan (2002) 7 KLR (pt. 143) 2145; (2002) 13 NWLR (Pt. 783) 171

COURTS - Appeals - Evidence - Evaluation - Court of Appeal decision - Correctness of - The court was right to hold that trial judge - Did not properly evaluate evidence (H2) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

COURTS - Appeals - Exercise of discretion - Correctness of - The court exercised its discretion judicially and judiciously - In accordance with justice and relevant considerations (H6) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

COURTS - Appeals - Exercise of discretion - Except where lower court did not exercise discretion in good faith - Or has acted arbitrarily - Supreme Court shall not substitute its own discretion (H3) Olumegbon v. Kareem (2002) 5 KLR (pt. 139) 1361

COURTS - Appeals - Exercise of discretion - Where Court of Appeal in exercise of its discretion orders a retrial - Supreme Court will not interfere - Save where such discretion was contrary to justice (H4) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

COURTS - Appeals - Fair hearing - Proceedings - When issue of fairness of hearing arises - Appellate Court is to see whether the result of the case - Would have been the same even if breach of fair hearing did not occur (H1) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

COURTS - Appeals - Filing - Time frame - Armed Forces Act s.184(1) - Appeal to Court of Appeal shall be lodged within 40 days - From date Court Martial promulgated its findings (H3) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

COURTS - Appeals - Findings - Misdirection in - Conclusion made by Court of Appeal is a misdirection - Which has occasioned a miscarriage of justice (H1) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

COURTS - Appeals - Findings of trial court - Interference - Justification - Appellate court will interfere - Where findings are perverse - And are not supported by credible evidence (H8) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

COURTS - Appeals - Findings of trial court - Interference - Justification - Appellate court may interfere with such findings - Where it is satisfied that trial judge - Failed to evaluate evidence (H3) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

COURTS - Appeals - Findings of trial court - Interference - Justification - Appellate court will interfere - Where trial court failed to resolve

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

conflicts in parties' evidence (H2) Nziwu v. Onuorah (2002) 2 KLR (pt. 134) 331; (2002) 4 NWLR (Pt. 756) 22

COURTS - Appeals - Fresh issue - Leave - Since Criminal Code s.34 does not affect jurisdiction of court - The issue raised by appellant is a new one - Which requires leave of court (H2) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

COURTS - Appeals - Fresh issue - Failure to obtain leave - Fate - Appellant cannot validly appeal against exercise of Court of Appeal's discretion - Since he neither sought nor obtained leave to do so (H1) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

COURTS - Appeals - Grounds - Framing - Appellant must clearly set out his grounds - So as to enable opposite party and court - To appreciate his complaint (H1) Adeleke v. Asani (2002) 4 KLR (pt. 137) 973; (2002) 8 NWLR (Pt. 768) 26

COURTS - Appeals - Hearing on merit - Meaning - Appeal is heard on merit once appellate court considered issues in controversy - And has taken a decision to confirm - Or to set aside decision of a lower court (H5) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

COURTS - Appeals - Issue - Abandonment of - Effect - Court does not deal with issue not placed before it - As it is a departure from role of court - For appellate court to insist on dealing with abandoned issue (H1) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

COURTS - Appeals - Issue - Raised but not considered - Propriety - Appellant's question on adoption is not fresh issue that requires leave - Hence Court of Appeal erred - By not allowing appellant to argue same (H1) Olaiya v. Olaiya (2002) 5 KLR (pt. 139) 1339; (2002) 12 NWLR (Pt. 782) 652

COURTS - Appeals - Issues - Determination - Basis - Appellate court considers issues - Based on grounds of appeal before it - Since trial

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

court ought to have made primary findings of fact (H5) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

COURTS - Appeals - Issues - Determination - Court of Appeal ought to decide - Whether fresh ground sought to be raised - Was on substantial point of law - And whether no further evidence would be adduced in support (H9) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

COURTS - Appeals - Issues - Ruling - Supreme Court will not rule on a point - In which there is no live issue - As between parties before court (H1) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

COURTS - Appeals - Issues - Suo motu determination - Propriety - Since respondent's statement in Exhibit 61 was never raised as an issue in Court of Appeal - The court was wrong to have considered same suo motu (H7) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

COURTS - Appeals - Issues - Suo motu raising - Olusanya v. Olusanya - Where appellate court raises point suo motu - Parties must be given opportunity to address court on the points - Before decision is made (H4) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

COURTS - Appeals - Issues - Suo motu raising - Propriety - Court of Appeal was in error for failing to give counsel time - To prepare for address on the issue raised suo motu (H1) Orthopedic Hospital Mgt. Board v. Garba (2002) 7 KLR (pt. 145) 2425; (2002) 14 NWLR (Pt. 788) 538

COURTS - Appeals - Issues - Suo motu raising - Propriety - Ojusanya v. Olusanya - Where points are taken suo motu by appellate court - Parties must be given the opportunity to address the court - Before decision is taken on such points (H1) Adeleke v. Raji (2002) 6 KLR (pt. 141) 1703; (2002) 13 NWLR (Pt. 783) 142

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

COURTS - Appeals - Issues - Validity - Since Supreme Court does not sit on appeal from decision of trial court - Issue No.5 is irrelevant (H8) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

COURTS - Appeals - Judgment - Error - Court of Appeal was in error - When it upheld the plea of res judicata - In favour of respondents (H2) Nwokedi v. Okugo (2002) 7 KLR (pt. 145) 2389; (2002) 16 NWLR (Pt. 794) 441

COURTS - Appeals - Judgment - Reversal - Correctness of - Judgment of High Court was rightly reversed - As Court of Appeal did not find contradictions in evidence of respondent and his witnesses (H2) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

COURTS - Appeals - Judgments - Reasons for - Appellate court should not be concerned with phrase used by trial judge to describe his reasoning - But should consider whether the reasons are clear - And lead reasonably to the conclusion arrived at (H3) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

COURTS - Appeals - Jurisdiction - Filing appeal out of time - Effect - Failure to appeal within time - Without obtaining extension of time - Constitutes grave irregularity - That there would be no appeal before court (H2) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353

COURTS - Appeals - Jurisdiction - Issue of - When to raise - Jurisdiction can be raised any time during trial - But where it is new issue in an appellate court - Proper application must be made to raise it as a ground of appeal (H3) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

COURTS - Appeals - Land law - Courts - Findings of facts - Court of Appeal erred by dismissing the cross-appeal - And proper finding of trial court should be - That Owerre deforested the land in dispute (H7) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

COURTS - Appeals - Land Law - Decision of trial court - Interference - Since the court rightly dismissed plaintiff's claim to title - Court of Appeal was wrong to have interfered with same (H5) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

COURTS - Appeals - Land law - Evidence - Rejection of - Propriety - Court of Appeal was wrong to reject plaintiffs' traditional history - Without considering whether or not they were physically on the land (H6) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

COURTS - Appeals - Land law - Visit to locus - Findings - Where parties were given equal opportunity at the locus to prove their case - Appellate court will not interfere with findings arising therefrom (H6) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

COURTS - Appeals - Notice of appeal - Filing - Computation of time - Appeal from Court of Appeal to Supreme Court is filed within 3 months - Excluding the date judgment was delivered (H1) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

COURTS - Appeals - Perverse findings - Fate - Court of Appeal gave perverse judgment for defendant - And same must not be allowed to stand (H2) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

COURTS - Appeals - Record of appeal - Binding nature - Appellate court must read and interpret record in its exact form - As it has no jurisdiction to read same out of context (H7) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

COURTS - Appeals - Records of Appeal - Binding nature - Parties and courts are bound by such records - Which are presumed correct unless contrary is proved (H14) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

COURTS - Appeals - Records of Appeal - Reference to - Correctness

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

of - Appellate court is fully entitled to look at record of appeal - In consideration of any matter before it (H15) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

COURTS - Appeals - Reevaluation - Correctness of - Court of Appeal rightly reevaluated the evidence - By being satisfied that respondents had proved title to the land (H3) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

COURTS - Appeals - Reliefs claimed - Failure to establish - Effect - Appellant is not entitled to relief awarded it by trial court - Since its claim was not established - Hence Court of Appeal was right to set aside damages awarded by trial court (H12) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

COURTS - Appeals - Retrial - Principles - To order retrial - There must be inter alia an error in law or irregularity in procedure - And that evidence discloses substantial case against appellant (H3) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

COURTS - Appeals - Retrial order - Basis - Retrial is ordered where there was error in law or procedure - Which neither renders trial a nullity - Nor makes appellate court to rule that there was no miscarriage of justice (H3) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

COURTS - Appeals - Retrial order - When irrelevant - Where there is no appeal against failure of Court of Appeal to pronounce on issues raised - Supreme Court will not order retrial (H5) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

COURTS - Appeals - Right of appeal - 1999 Constitution s. 233(2)(3) - Appeals may be as of right where grounds are of law Or with leave of court where grounds are of mixed fact and law or of facts (H1) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

COURTS - Appeals - Right of appeal - By s.202 of Armed Forces

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

Decree No 105 - Aggrieved party to proceedings in Court of Appeal - Can appeal to Supreme Court (H2) Nigerian Air Force v. Shekete (2002) 7 KLR (pt. 144) 2349

COURTS - Arbitrator - Award - Finality of - Kelantan's case - Where specific question of construction of a law is referred to arbitrator - His decision on that point cannot be set aside - On the ground that court would have ruled otherwise (H4) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

COURTS - Area courts - Composition - The courts must not all be made up of panel of judges - As there are sole area court judges in all States - That were parts of former Northern Nigeria (H1) Maskala v. Silli (2002) 6 KLR (pt. 142) 1845; (2002) 13 NWLR (Pt. 784) 376

COURTS - Area courts - Constitution - Presumption of regularity - The court is presumed to be properly constituted - As there was no indication that it was not so constituted (H3) Maskala v. Silli (2002) 6 KLR (pt. 142) 1845; (2002) 13 NWLR (Pt. 784) 376

COURTS - Armed robbery - Identification of robbers - Appellant's argument - Purpose - Contention that PW4 could not identify the robbers - Was made to assist court on what to believe (H2) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

COURTS - Banking - Jurisdiction - By virtue of 1979 Constitution s. 230(1)(d) - That specially applied to appellant as a bank - State High Court has jurisdiction over the matter (H2) Fed. Mortgage Bank of Nig. v. Olloh (2002) 7 KLR (pt. 146) 2751; (2002) 9 NWLR (Pt. 773) 475

COURTS - Banking - Revocation of licence - Jurisdiction - BOFID s. 49 provides an ouster clause - Hence plaintiff must show bad faith and element of same in the revocation - In order to confer jurisdiction on court (H5) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

COURTS - Case law - Citation - Court does not confine itself to au

INDEX OF SUBJECT MATTER ALL SC 2002 DECISIONS

thorities cited by parties - As it can in an effort to improve its judgment - Rely on authorities not cited by parties (H10) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

COURTS - Charges - Amendment - Vital consideration - Amendment can be made suo motu by court - Or on application by prosecution - Provided injustice is not done to accused (H2) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

COURTS - Charges - Amendment of - Criminal Procedure Code s. 208(1) - Empowers court to amend charge - Any time before judgment is delivered (H1) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

COURTS - Charges - Failure to record - Though it is good for court to record that charge was read and explained to accused - But failure to do so does not render trial a nullity (H1) Akpan v. State (2002) 7 KLR (pt. 146) 1281; (2002) 12 NWLR (Pt. 780) 189

COURTS - Company law - Foreign companies - Right of action - Since Nigeria is part of comity of nations - Foreign corporations should be granted right - To sue and be sued in Nigerian courts (H1) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

COURTS - Confessions - Retraction - Court can convict on retracted confession - Though it is desirable that there be some corroboration - No matter how slight (H14) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

COURTS - Confessions - Voluntariness - Positive confession of guilt is sufficient to warrant a conviction - Without corroborative evidence - Though court should first of all test the truth thereof (H13) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

COURTS - Confessions - Weight - Trial court is to consider circumstances under which confession was made - And decide what weight to be attached to same (H7) Nwachukwu v. State (2002) 7 KLR (pt.