COMPREHENSIVE INDEX TO ALL SUPREME COURT 2003 DECISIONS

ACCIDENTS - Damages - Award - Loss of vehicle usage - Where vehicle is damaged beyond usage - Court is entitled to award damages for the period it is out of use (H4) Cappa & D'Alberto Ltd v. Akintilo (2003) 4 KLR (pt. 157) 895; (2003) 9 NWLR (PT. 824) 49

ACCIDENTS - Dangerous driving - Causing death by - Is proved - For in Road traffic offences - Slightest negligence on the part of accused - Is sufficient to sustain a conviction (H1) Amusa v. State (2003) 1 KLR (pt. 152) 247; (2003) 4 NWLR (PT. 811) 595

ACCIDENTS - Dangerous driving - Expert opinion - Validity - PW5 being a pathologist is qualified to conduct the postmortem on the deceased - And the lower courts rightly relied on his evidence (H3) Amusa v. State (2003) 1 KLR (pt. 152) 247; (2003) 4 NWLR (PT. 811) 595

ACCIDENTS - Evidence - Admitted fact - Effect - Since appellant failed to deny respondent's claim for loss of use of vehicle - The claim is deemed admitted (H6) Cappa & D'Alberto Ltd v. Akintilo (2003) 4 KLR (pt. 157) 895; (2003) 9 NWLR (PT. 824) 49

ACCIDENTS - Insurance - Liability - Where loss was due to damage to goods in accident - Which occurred after expiry of the policy - Insurer will not be liable to indemnify the insured (H7) Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) 12 KLR (pt. 169) 2855

ACCIDENTS - Pleadings - Defence of - How Sustainable - Defence of inevitable accident is of no moment - Since appellants failed to specifically plead same - So as to leave no doubt (H3) C&C Construction Co. Ltd v. Okhai (2003) 12 KLR (pt. 168) 2639; (2003) 18 NWLR (PT. 851) 79

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

ACTION - Evidence - Witnesses - Contradictions - Effect - Evidence by appellant and her witnesses are contradictory in material particular - And as such must raise doubt about the veracity of her case (H3) Auta v. Ibe (2003) 7 KLR (pt. 165) 2131; (2003) 13 NWLR (PT. 837) 247

ACTIONS - Administrative law - Civil justice - Duty of citizens - Extent - Though it is a civil duty of a citizen to expose wrong doing - The duty does not ripen into a right which he can protect - By private litigation (H6) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

ACTIONS - Appeals - Courts - Action - Jurisdiction - Court of Appeal rightly held that trial court has jurisdiction in the matter - As the cause of action is one that respondents can litigate on (H3) Briggs v. Bob-Manuel (2003) 1 KLR (pt. 151) 117; (2003) 5 NWLR (PT. 813) 323

ACTIONS - Arbitration - Submission to - Implication - By submitting to arbitration - Respondent had compromised its right to resort to litigation in court (H1) M.V. Lupex v. Nig. Overseas Chartering & Shipping Ltd. (2003) 6 KLR (pt. 164) 1967; (2003) 15 NWLR (PT. 844) 469

ACTIONS - Burden of proof - Title - Identity of land - Proof - Although respondent has no burden of proof - Yet by reason of his claim over the land in dispute - He ought to establish identity of the land by survey plan (H3) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

ACTIONS - Cause of action - Applicable law - The law applicable to a matter is the one in force - When the incident in question occurred (H1) Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) 12 KLR (pt. 169) 2855

ACTIONS - Cause of action - Basis - Ibrahim v. Osim - Facts in statement of claim must set out legal right of plaintiff - And obligation on defendant (H8) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

ACTIONS - Cause of action - Meaning - It is the fact which when proved - Will entitle plaintiff to a remedy against defendant (H1)

ACTIONS - Claim - Land law - Identity of land - Proof - Plaintiff must prove with certainty - The defined area of land to which his claim is attached - Otherwise such claim must fail (H1) Auta v. Ibe (2003) 7 KLR (pt. 165) 2131; (2003) 13 NWLR (PT. 837) 247

ACTIONS - Claim - Land law - Quic quid plantatur solo solo cedit - Grant - The principle is applied consequent upon a declaration of title - As it need not be claimed - To operate in favour of a successful person (H9) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

ACTIONS - Commencement - Legal personality - Natural persons or institutions having juristic personality can sue and be sued - And A-G office being a creation of the Constitution - Is a legal person known to law (H3) A-G Federation v. All Nigeria Peoples Party (2003) 12 KLR (pt. 169) 2825; (2003) 18 NWLR (PT. 851) 182

ACTIONS - Companies - Libel - Joinder of parties - Correctness of - 1^st & 2^nd plaintiffs were rightly joined - Since any libelous imputation on professional competence of the company - Refers to both (H3) Edem v. Orpheo Nigeria Ltd. (2003) 7 KLR (pt. 165) 2179; (2003) 13 NWLR (PT. 838) 537

ACTIONS - Company law - Action - Commencement - Locus standi - Respondent has locus standi to prosecute the action - And seek for the orders - Hence leave is not necessary in the circumstance (H2) Unibiz Ltd v. Commercial Bank Credit Lyonnais Ltd (2003) 2-3 KLR (pt. 156) 845; (2003) 6 NWLR (PT. 816) 402

ACTIONS - Company law - Jurisdiction - Federal High Court has no exclusive jurisdiction - In actions arising from contract of employment - As same does not pertain to operation of companies (H2) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

ACTIONS - Constitutional law - Action - Commencement - Office of

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

A-G Federation - Constitution 1999 s. 147(1) creates the office - And any suit by or against the A-G will be absorbed by the office - Which never dies unless Constitution abrogates it (H2) A-G Federation v. All Nigeria Peoples Party (2003) 12 KLR (pt. 169) 2825; (2003) 18 NWLR (PT. 851) 182

ACTIONS - Contracts - Cause of action - Proof - Where plaintiff's case is based on absence of essential prior approval - Such must be pleaded - Else there would be no cause of action (H11) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

ACTIONS - Counter claim - Failure to file - Defendants are not entitled to any declaration - Since they had no counterclaim (H2) Ogolo v. Ogolo (2003) 12 KLR (pt. 168) 2787; (2003) 18 NWLR (PT. 852) 494

ACTIONS - Counterclaim - Failure to defend - Effect - Since the counterclaim was not established by appellant - Failure of respondent to file defence thereto - Is of no moment (H4) Usman v. Garke (2003) 7 KLR (pt. 165) 2287; (2003) 14 NWLR (PT. 840) 261

ACTIONS - Counterclaim - Features - Counterclaim is an independent action - Which is not part of the original action - Though the two actions may be tried together for convenience (H3) Gowon v. Ike-Okongwu (2003) 1 KLR (pt. 152) 317; (2003) 6 NWLR (PT. 815) 38

ACTIONS - Counterclaim - Pleadings - Amendment - Defendant cannot by amendment of statement of defence - Raise counterclaim in respect of cause of action - That arose after writ was issued (H2) Gowon v. Ike-Okongwu (2003) 1 KLR (pt. 152) 317; (2003) 6 NWLR (PT. 815) 38

ACTIONS - Court - No case submission - If at close of plaintiff's case there is submission of no case - Judge should refuse to rule on it - Unless defence counsel indicates he is not to call evidence (H4) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

ACTIONS - Court processes - Service - Fundamentality of - Where service of process is required - Failure to do so goes to the root of the case - As it deprives the court the jurisdiction to hear the suit (H1) Societe Generale Bank Ltd. v. Adewunmi (2003) 4 KLR (pt. 157) 949; (2003) 10 NWLR (PT. 829) 526

ACTIONS - Courts - Address - Relevance of - At close of case for the parties - Court must ask parties to address it - As a matter cannot be adjourned for judgment - Without court being addressed (H5) Okoebor v. Police Council (2003) 5 KLR (pt. 161) 1467; (2003) 12 NWLR (PT. 834) 444

ACTIONS - Courts - Pleadings - Amendment - Until an action is finally determined - Court has ample powers of amendment at all stages of proceedings (H1) Gowon v. Ike-Okongwu (2003) 1 KLR (pt. 152) 317; (2003) 6 NWLR (PT. 815) 38

ACTIONS - Courts - Reliefs - Grant of - Basis - Court has no power to award to plaintiff more than what he claimed - Since court does not grant reliefs which have not been claimed (H6) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

ACTIONS - Cross examination - Right to - Cross examination is a right available to parties in litigation - And it cannot be taken away merely because - Some plaintiffs were joined in the case (H3) Ogolo v. Fubara (2003) 5 KLR (pt. 162) 1561; (2003) 11 NWLR (PT. 831) 231

ACTIONS - Customary law - Issues - Where the reliefs claimed - Are based on the custom of the parties - The customary law and practices relating to those reliefs - Are in issue (H1) Ogolo v. Ogolo (2003) 12 KLR (pt. 168) 2787; (2003) 18 NWLR (PT. 852) 494

ACTIONS - Election Petitions - Filing - Multiple respondents - Propriety - Such respondents must each have been returned in the particular election - Since it is only the return of a candidate that can be questioned under Electoral Act s.131 (H6) Buhari v. Yusuf (2003) 6 KLR (pt. 164) 1903; (2003) 14 NWLR (PT. 841) 446

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

ACTIONS - Election Petitions - Filing - Right of - Electoral Act s.133(1) - Filing of the petition can only be by election candidate(s) - Or by political party that participated in the election (H5) Buhari v. Yusuf (2003) 6 KLR (pt. 164) 1903; (2003) 14 NWLR (PT. 841) 446

ACTIONS - Employment - Evidence - Proof - It was not enough for plaintiff to plead civil service rules - Specific reference should have been made to relevant section of the rules (H1) Udegbunam v. Federal Capital Dev. Authority (2003) 5 KLR (pt. 160) 1359; (2003) 10 NWLR (PT. 829) 487

ACTIONS - Evidence - Admission - Meaning - Admission is statement which is made by a party or his agent to civil proceedings - And which statement is adverse to his case (H1) Cappa & D'Alberto Ltd v. Akintilo (2003) 4 KLR (pt. 157) 895; (2003) 9 NWLR (PT. 824) 49

ACTIONS - Fundamental rights - Enforcement - Procedure - Manner in which such matter is brought to court is hardly objectionable - Once it is clear that originating process seeks redress - For infringement of right (H4) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

ACTIONS - Hearing - Delay in - Effect - A party is not to be punished for such delay - That is not traceable to him (H7) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

ACTIONS - Joinder of parties - Propriety - Where parties have similar interest in a matter - They can be joined as coplaintiffs - And they are free to retain the services of different counsel (H4) Ogolo v. Fubara (2003) 5 KLR (pt. 162) 1561; (2003) 11 NWLR (PT. 831) 231

ACTIONS - Judgments - Binding nature - Judgment in this matter will not bind other State Governors - Whose rights to contest the election for 3^rd time have been questioned - Since they are not parties to the litigation (H6) A-G Federation v. All Nigeria Peoples Party (2003) 12 KLR (pt. 169) 2825; (2003) 18 NWLR (PT. 851) 182

ACTIONS - Jurisdiction - Basis - It is wrong for court to assume juris

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

diction on the basis of an agreement - Which is extraneous to the relief sought before it (H4) Arjay Ltd. v. Airline Mgt. Support Ltd. (2003) 2-3 KLR (pt. 156) 799; (2003) 7 NWLR (PT. 820) 577

ACTIONS - Jurisdiction - Courts - Determination - It is the time when the cause of action arises - That decides whether the High Court has jurisdiction (H2) Mosojo v. Oyetayo (2003) 5 KLR (pt. 162) 1551; (2003) 13 NWLR (PT. 837) 340

ACTIONS - Jurisdiction - Federal High Court - Basis - If the cause of action comes within the enforcement of fundamental rights in chapter IV of the Constitution - Then the court is conferred with jurisdiction (H2) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

ACTIONS - Justice - Pleadings - Parties should place their case on the table of justice - So that the adverse party can arrange adequate defence (H6) Okpala v. Okpu (2003) 1 KLR (pt. 151) 171; (2003) 5 NWLR (PT. 812) 183

ACTIONS - Land law - Extinguishing of title - Conditions - Lagos State Limitation Law - Knowledge of true owner of land - Held under adverse possession - Is not material under the Limitation Law (H2) Akibu v. Azeez (2003) 1 KLR (pt. 151) 93; (2003) 5 NWLR (PT. 814) 643

ACTIONS - Land law - Hearing - Proper court - Since title is in respect of statutory right of occupancy granted by Governor - High Court has original jurisdiction - In respect of proceedings concerning such land (H3) Erhunmwunse v. Ehanire (2003) 5 KLR (pt. 161) 1439; (2003) 13 NWLR (PT. 837) 353

ACTIONS - Land law - Identity of land - Proof - Before claim for title is granted - The land to which it relates must be identified with certainty - Otherwise the claim must fail (H4) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

ACTIONS - Land law - Laches & acquiescence - Defence of - Basis - It must be established that party against whom the defences are set

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

up - Had notice of what was being done - And did nothing to prevent it (H5) Okereke v. Nwankwo (2003) 4 KLR (pt. 158) 1083; (2003) 9 NWLR (PT. 826) 392

ACTIONS - Land law - Possession - Trespass - Plaintiff cannot maintain action both for trespass and recovery of possession of a piece of land - As both claims are contradictory and mutually divergent (H1) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

ACTIONS - Land law - Possession - Trespasser - Right of action - Trespasser in possession can maintain action in trespass - Against the whole world - Except true owner of the land (H4) Akibu v. Azeez (2003) 1 KLR (pt. 151) 93; (2003) 5 NWLR (PT. 814) 643

ACTIONS - Land law - Title - Competing claims - Where two parties trace their title over same land to same grantor - The latter party cannot maintain action against first person that obtained valid grant (H3) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

ACTIONS - Land law - Title - Trespass - Where title is in dispute - Plaintiff must establish his title and legal possession of the land - In addition to defendants' alleged acts of trespass on such land (H3) Morenikeji v. Adegbosin (2003) 4 KLR (pt. 159) 1179; (2003) 8 NWLR (PT. 823) 612

ACTIONS - Land law - Trespass - Basis - Only person in possession of land in dispute - Can maintain action for damages for trespass thereon (H1) Morenikeji v. Adegbosin (2003) 4 KLR (pt. 159) 1179; (2003) 8 NWLR (PT. 823) 612

ACTIONS - Land law - Trespass - Competing possession - Where possession is disputed - Trespass will lie at the suit of the person - Who can show that title to the land is in him (H2) Morenikeji v. Adegbosin (2003) 4 KLR (pt. 159) 1179; (2003) 8 NWLR (PT. 823) 612

ACTIONS - Land law - Trespass - Necessary party - Where there is no

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

complaint against a party - Non-joinder of the party will not affect proper determination of the issue (H4) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

ACTIONS - Legal practitioners - Scope of service - Authority of counsel extends to an action and its incidental matters - Save where the authority is specifically limited by client (H3) Cappa & D'Alberto Ltd v. Akintilo (2003) 4 KLR (pt. 157) 895; (2003) 9 NWLR (PT. 824) 49

ACTIONS - No case submission - Procedure - By O. 38 r. 15 FHC Rules - Defendant is asked if he intends to call evidence - And where he rests his case on that of plaintiff - He is bound by the evidence as it stands (H3) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

ACTIONS - Parties - Courts - Academic issue - Interpretation of s. 182(1)(b) of the Constitution is embarking on academic exercise - As such will not affect the position of the Governor - Who is not a party to the action (H5) A-G Federation v. All Nigeria Peoples Party (2003) 12 KLR (pt. 169) 2825; (2003) 18 NWLR (PT. 851) 182

ACTIONS - Parties - Courts - Pleadings - Need for consistency - Party must be consistent in his pleadings and evidence in support - And also on appeal (H4) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

ACTIONS - Parties - Joinder of - Limitation - Where a statute has specifically provided for parties to an action - Common law principles of joinder of necessary parties - Will not apply (H8) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

ACTIONS - Pleadings - Binding nature - Parties and the court are bound by pleadings - And parties will not be allowed to set up cases different from their pleadings (H1) Ogbogu v. Ugwuegbu (2003) 4 KLR (pt. 159) 1219; (2003) 10 NWLR (PT. 827) 189

ACTIONS - Practice & procedure - Procedural irregularity - Effect - Such irregularity should not vitiate a suit - Once it is shown that no party has suffered a miscarriage of justice (H3) Famfa Oil Limited v.

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

A-G Federation (2003) 9-10 KLR (pt. 166) 2335; (2003) 18 NWLR (PT. 852) 453

ACTIONS - Proof - Burden of - Appellant has not led sufficient evidence - To shift the onus of proof of any particular point - To respondent (H4) Owoniboys Tech. Serv. Ltd. v. Union Bank of Nig. Ltd. (2003) 7 KLR (pt. 165) 2221; (2003) 15 NWLR (PT. 844) 545

ACTIONS - Property law - Reliefs - Grant of - Where a party makes averment not related to relief sought - Court will not grant relief that would have followed the averment - Without amendment of the claim (H3) Salubi v. Nwariaku (2003) 2 KLR (pt. 154) 657; (2003) 7 NWLR (PT. 819) 426

ACTIONS - Representative action - Parties - Status - Plaintiff suing defendant in a representative capacity - Must be deemed to have excluded himself - From those represented by defendant (H5) Okeahialam v. Nwamara (2003) 7 KLR (pt. 165) 2207; (2003) 12 NWLR (PT. 835) 597

ACTIONS - Torts - Jurisdiction - Since respondent's case is tort of conversion - The action it filed against appellant - Can be entertained by any State High Court (H2) Trade Bank Plc. v. Baniluk Nig. Ltd. (2003) 5 KLR (pt. 162) 1603; (2003) 9 NWLR (PT. 825) 416

ACTIONS - Trespass - Title - Proof - Where issue of title is raised in action for trespass - Plaintiff must show a better title to be in possession than defendant (H3) Ufomba v. Ahuchaogu (2003) 4 KLR (pt. 158) 1103; (2003) 8 NWLR (PT. 821) 130

ACTIONS - Undefended suits - Judgment - Application to set aside - Such application must not only be supported by affidavit - But also the proposed defence to the suit (H1) Planwell Watershed Ltd. v. Ogala (2003) 12 KLR (pt. 168) 2815; (2003) 18 NWLR (PT. 852) 478

ADJOURNMENTS - Appeals - Judgments - Arrest of - Court of Appeal rightly refused to arrest the judgment - Since parties were duly represented - And briefs of argument were considered by court (H5)

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

Briggs v. Bob-Manuel (2003) 1 KLR (pt. 151) 117; (2003) 5 NWLR (PT. 813) 323

ADJOURNMENTS - Courts - Address - Relevance of - At close of case for the parties - Court must ask parties to address it - As a matter cannot be adjourned for judgment - Without court being addressed (H5) Okoebor v. Police Council (2003) 5 KLR (pt. 161) 1467; (2003) 12 NWLR (PT. 834) 444

ADMINISTRATION OF ESTATE - Land law - Sale - Validity of - The sale is invalid as Dawodu family lost title to the land in 1971 - Hence administrators of Dawodu's estate had nothing to sell in 1977 (H3) Akibu v. Azeez (2003) 1 KLR (pt. 151) 93; (2003) 5 NWLR (PT. 814) 643

ADMINISTRATION OF ESTATES - Conflict of laws - Applicable law - Where common law is abrogated by passage of statute - The former must give way - And the latter must prevail (H1) Salubi v. Nwariaku (2003) 2 KLR (pt. 154) 657; (2003) 7 NWLR (PT. 819) 426

ADMINISTRATION OF ESTATES - Customary law - Administration of estate - Benin custom - Upon the death of a father - eldest son takes over his estate - As trustee for the deceased's children - Pending the performance of final burial rites (H1) Abudu v. Eguakun (2003) 7 KLR (pt. 165) 2065; (2003) 14 NWLR (PT. 840) 311

ADMINISTRATION OF ESTATES - Residuary estate - Extent of - Residuary estate in cases of total intestacy - Includes the entire estate of the intestate - After payment of funeral and other liabilities (H2) Salubi v. Nwariaku (2003) 2 KLR (pt. 154) 657; (2003) 7 NWLR (PT. 819) 426

ADMINISTRATIVE LAW - Chieftaincy matters - Exercise of discretion - An exercise of discretion based on misinformation - Or suppression of facts - Is not a proper exercise (H3) Owoyemi v. Adekoya (2003) 12 KLR (pt. 169) 2899; (2003) 18 NWLR (PT. 852) 307

ADMINISTRATIVE LAW - Chieftaincy matters - Judicial review - Correctness of - Lower courts rightly held that setting aside of selec

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

tion of 1^st respondent by Governor - Was unfair since he acted on misinformation (H4) Owoyemi v. Adekoya (2003) 12 KLR (pt. 169) 2899; (2003) 18 NWLR (PT. 852) 307

ADMINISTRATIVE LAW - Civil justice - Duty of citizens - Extent - Though it is a civil duty of a citizen to expose wrong doing - The duty does not ripen into a right which he can protect - By private litigation (H6) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

ADMINISTRATIVE LAW - Constitution - Office of A-G - Distinctive nature - The office is different from the person occupying it - As while the office is stable being a creation of the Constitution - The incumbent could be varied (H4) A-G Federation v. All Nigeria Peoples Party (2003) 12 KLR (pt. 169) 2825; (2003) 18 NWLR (PT. 851) 182

ADMINISTRATIVE LAW - Constitutional law - Action - Commencement - Office of A-G Federation - Constitution 1999 s. 147(1) creates the office - And any suit by or against the A-G will be absorbed by the office - Which never dies unless Constitution abrogates it (H2) A-G Federation v. All Nigeria Peoples Party (2003) 12 KLR (pt. 169) 2825; (2003) 18 NWLR (PT. 851) 182

ADMINISTRATIVE LAW - Court martial - Convening of - Right to delegate - Chief of Army validly authorized the senior officer - To sign the convening order (H1) State v. Olatunji (2003) 2 KLR (pt. 155) 777; (2003) 14 NWLR (PT. 839) 138

ADMINISTRATIVE LAW - Delegation of authority - Under s.286 Armed Forces Decree - An officer can delegate his orders - Provided such orders are not prescribed by rules made under the decree (H1) Nigerian Air Force v. Obiosa (2003) 1 KLR (pt. 153) 479; (2003) 4 NWLR (PT. 810) 233

ADMINISTRATIVE LAW - Mistake - Statutory right of occupancy - Revocation by mistake - Power to correct - Governor has inherent power to correct such mistake - As he appears to have done by Exhibit 8 (H3) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

ADMINISTRATIVE LAW - Political parties - Recognition & registration - Difference - Recognition is the fact of acceptance of an association eligible to function as political party - While registration is the recording and certification of that fact (H4) INEC v. Musa (2003) 1 KLR (pt. 152) 369; (2003) 3 NWLR (PT. 806) 72

ADMINISTRATIVE LAW - Statutes - Exercise of power - Condition precedent - Public Officers (special provision) Decree - It must be shown inter alia that the power is exercised by appropriate authority - Or any person authorized by him (H2) Emuze v. V-C University of Benin (2003) 5 KLR (pt. 161) 1423; (2003) 10 NWLR (PT. 828) 378

ADMIRALTY - Jurisdiction - Federal High Court - Applicability - Though the claim came under the jurisdiction - Affidavit in support of plaintiff's motion did not disclose - Appellant's last known address (H4) Eimskip Ltd. v. Exquisite Ind. Nig. Ltd. (2003) 1 KLR (pt. 151) 133; (2003) 4 NWLR (PT. 809) 88

AFFIDAVITS - Court processes - Affidavit of service - Purpose - It is to convince court that the person on whom processes are to be served - Has been duly served (H3) Societe Generale Bank Ltd. v. Adewunmi (2003) 4 KLR (pt. 157) 949; (2003) 10 NWLR (PT. 829) 526

AFFIDAVITS - Court processes - Service - Proof - As there was no affidavit of service and production of same - Contrary to the HC rules O. 12 r. 1 & 28 - It cannot be concluded that defendant knew of proceedings of that day (H2) Societe Generale Bank Ltd. v. Adewunmi (2003) 4 KLR (pt. 157) 949; (2003) 10 NWLR (PT. 829) 526

AFFIDAVITS - Evidence - Contradictions - Resolution - Momah v. Vab Petroleum Inc - Where a party's case is plagued by contradictions - Onus is on him to explain the contradictions to the satisfaction of court (H5) Arjay Ltd. v. Airline Mgt. Support Ltd. (2003) 2-3 KLR (pt. 156) 799; (2003) 7 NWLR (PT. 820) 577

AFFIDAVITS - Jurisdiction - Admiralty - Federal High Court - Appli

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

cability - Though the claim came under the jurisdiction - Affidavit in support of plaintiff's motion did not disclose - Appellant's last known address (H4) Eimskip Ltd. v. Exquisite Ind. Nig. Ltd. (2003) 1 KLR (pt. 151) 133; (2003) 4 NWLR (PT. 809) 88

AFFIDAVITS - Objections - Preliminary objection - Basis - It deals strictly with law - And hence no need for supporting affidavit - But where based on facts - Applicant must justify the objection - By adducing facts in affidavit (H1) A-G Federation v. All Nigeria Peoples Party (2003) 12 KLR (pt. 169) 2825; (2003) 18 NWLR (PT. 851) 182

AFFIDAVITS - Undefended suits - Judgment - Application to set aside - Such application must not only be supported by affidavit - But also the proposed defence to the suit (H1) Planwell Watershed Ltd. v. Ogala (2003) 12 KLR (pt. 168) 2815; (2003) 18 NWLR (PT. 852) 478

AGENCY - Company law - Receiver - Status - By s. 390(1) CAMA - Receiver or manager of property is deemed - An agent of the person on whose behalf he is appointed (H1) Unibiz Ltd v. Commercial Bank Credit Lyonnais Ltd (2003) 2-3 KLR (pt. 156) 845; (2003) 6 NWLR (PT. 816) 402

AGENCY - Evidence - Admission - Meaning - Admission is statement which is made by a party or his agent to civil proceedings - And which statement is adverse to his case (H1) Cappa & D'Alberto Ltd v. Akintilo (2003) 4 KLR (pt. 157) 895; (2003) 9 NWLR (PT. 824) 49

AGREEMENTS - Arbitration - Agreement - Binding effect - Where parties have chosen to refer any of their disputes to arbitration instead of regular courts - Courts must act upon such agreement (H3) M.V. Lupex v. Nig. Overseas Chartering & Shipping Ltd. (2003) 6 KLR (pt. 164) 1967; (2003) 15 NWLR (PT. 844) 469

AGREEMENTS - Banking - Customer's accounts - Consolidation - To ascertain financial worth of its customer - Bank may consolidate customer's accounts - Unless precluded by express or implied agreement (H5) Joe Golday Ltd. v. Co-operative Development Bank Plc

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

(2003) 2 KLR (pt. 154) 543; (2003) 5 NWLR (PT. 814) 586

AGREEMENTS - Contracts - Agreement - Binding nature of - Persons of full age and sound mind - Are bound by any agreement lawfully entered into by them (H2) Okonkwo v. Cooperative & Commerce Bank Plc (2003) 2 KLR (pt. 155) 719; (2003) 8 NWLR (PT. 822) 347

AGREEMENTS - Contracts - Terms - Collective agreements - Incorporation - They were not incorporated - Nor intended to be binding on the parties - Else they would have been expressly incorporated (H5) Abalogu v. Shell Petroleum Development Co. Nig. Ltd. (2003) 6 KLR (pt. 164) 1837; (2003) 13 NWLR (PT. 837) 308

AGREEMENTS - Contracts - Terms - Collective agreements - Relevancy - Even if the agreements had been incorporated - They would still be irrelevant to the issue of whether appellant's employment was lawfully terminated (H6) Abalogu v. Shell Petroleum Development Co. Nig. Ltd. (2003) 6 KLR (pt. 164) 1837; (2003) 13 NWLR (PT. 837) 308

AGREEMENTS - Courts - Written agreement - Binding nature - Duty of court - Court must confine itself to the plain words and meaning - Which are derivable from the right and obligation - Of parties thereunder (H2) Abalogu v. Shell Petroleum Development Co. Nig. Ltd. (2003) 6 KLR (pt. 164) 1837; (2003) 13 NWLR (PT. 837) 308

AGREEMENTS - Jurisdiction - Basis - It is wrong for court to assume jurisdiction on the basis of an agreement - Which is extraneous to the relief sought before it (H4) Arjay Ltd. v. Airline Mgt. Support Ltd. (2003) 2-3 KLR (pt. 156) 799; (2003) 7 NWLR (PT. 820) 577

AGREEMENTS - Orders of court - Grant - The order is granted to successful litigant - Constraining the losing party to perform agreement - Earlier entered into (H6) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

APPEALS - Actions - Proof - Burden of - Appellant has not led sufficient evidence - To shift the onus of proof of any particular point - To

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

respondent (H4) Owoniboys Tech. Serv. Ltd. v. Union Bank of Nig. Ltd. (2003) 7 KLR (pt. 165) 2221; (2003) 15 NWLR (PT. 844) 545

APPEALS - Adjournment - Judgments - Arrest of - Court of Appeal rightly refused to arrest the judgment - Since parties were duly represented - And briefs of argument were considered by court (H5) Briggs v. Bob-Manuel (2003) 1 KLR (pt. 151) 117; (2003) 5 NWLR (PT. 813) 323

APPEALS - Application - Alternative prayers - Sustainability of - Since the prayers are deemed to have been abandoned by appellants' counsel - It was unnecessary for Court of Appeal to make finding thereon (H5) Buhari v. Obasanjo (No. 1) (2003) 11 KLR (pt. 167) 2453; (2003) 17 NWLR (PT. 850) 587

APPEALS - Basis - Appeal that does not relate to the decision of court on issues arising from pleadings - Will be unrelated to facts of the case - And thus degenerate to academic exercise (H2) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

APPEALS - Briefs - Binding nature of - Parties are bound by their briefs - And issues not contained therein are of no moment (H7) Cappa & D'Alberto Ltd v. Akintilo (2003) 4 KLR (pt. 157) 895; (2003) 9 NWLR (PT. 824) 49

APPEALS - Chieftaincy - Right of appeal - Limit - Imo State Traditional Rulers Law s.25 - The right is restricted to interested party - And does not imply a restriction of jurisdiction of court - For judicial review (H3) Okeahialam v. Nwamara (2003) 7 KLR (pt. 165) 2207; (2003) 12 NWLR (PT. 835) 597

APPEALS - Chieftaincy matters - Custom - Evidence - Eldest quarter - Findings - Where appellants did not challenge the special privileges given to Ebese - Court of Appeal rightly accepted the inference of trial court (H2) Umoru v. Zibiri (2003) 6 KLR (pt. 164) 2045; (2003) 11 NWLR (PT. 832) 647

APPEALS - Concurrent findings - Setting aside - Basis - Such findings

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

must be shown to either be perverse - Or wrong conclusions from accepted evidence - Leading to miscarriage of justice (H1) Owoyemi v. Adekoya (2003) 12 KLR (pt. 169) 2899; (2003) 18 NWLR (PT. 852) 307

APPEALS - Concurrent findings - Supreme Court does not disturb such findings - Unless a substantial error is shown - Which is apparent on the face of the record (H5) Ejilemele v. Opara (2003) 5 KLR (pt. 160) 1245; (2003) 9 NWLR (PT. 826) 536

APPEALS - Concurrent findings - Supreme Court does not interfere - Save when such findings are perverse - Or have occasioned a miscarriage of justice (H1) Adewole v. Dada (2003) 1 KLR (pt. 151) 83; (2003) 4 NWLR (PT. 810) 369

APPEALS - Court - Discretion - Interference - Where trial court based its discretion on matters extraneous to issues before it - Or failed to consider relevant facts - Supreme Court can interfere (H5) Ohwovoriole v. FRN (2003) 1 KLR (pt. 153) 515; (2003) 2 NWLR (PT. 803) 176

APPEALS - Court - Issues - Suo motu raising - Correctness of - Court can raise issue relating to matter before it - But parties must be given opportunity to address court on the issue - Before decision is reached (H1) Jatau v. Ahmed (2003) 1 KLR (pt. 153) 447; (2003) 4 NWLR (PT. 811) 498

APPEALS - Court - Judgment - Binding nature of - Court of Appeal cannot set aside its exercise of discretion to grant application - Unless such discretion is proved to be a nullity (H4) Jatau v. Ahmed (2003) 1 KLR (pt. 153) 447; (2003) 4 NWLR (PT. 811) 498

APPEALS - Court - Record of proceedings - Non production of - Will not affect the substance of the appeal - As appellant was not hiding anything - Which was not to his advantage (H6) Ohwovoriole v. FRN (2003) 1 KLR (pt. 153) 515; (2003) 2 NWLR (PT. 803) 176

APPEALS - Court - Wrong attribution of issue - The error of attributing respondent's issue to appellant - Does not amount to violation of

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

appellant's right to fair hearing (H1) Ejeka v. State (2003) 4 KLR (pt. 157) 915; (2003) 7 NWLR (PT. 819) 408

APPEALS - Court processes - Abuse - Appeals - Judgment - Since applicant has appealed against judgment of Court of Appeal - As well as applied for a stay of execution - Present application is an abuse of process (H1) African Reinsurance Corp. v. JDP Construction Ltd. (2003) 2 KLR (pt. 155) 675; (2003) 13 NWLR (PT. 838) 609

APPEALS - Courts - Action - Jurisdiction - Court of Appeal rightly held that trial court has jurisdiction in the matter - As the cause of action is one that respondents can litigate on (H3) Briggs v. Bob-Manuel (2003) 1 KLR (pt. 151) 117; (2003) 5 NWLR (PT. 813) 323

APPEALS - Courts - Chieftaincy - Findings of fact - Correctness of - Trial court rightly found that plaintiffs do not belong to Arojojoye house - Hence Court of Appeal should have upheld same (H3) A-G Ekiti State v. Daramola (2003) 5 KLR (pt. 161) 1373; (2003) 10 NWLR (PT. 827) 104

APPEALS - Courts - Constitution of - Correctness of - By ss.63(1) & 116(1)(0) High Court Laws Northern Nig - Plateau State High Court was properly constituted by single judge - Over interlocutory applications in respect of appeals before it (H2) Ewete v. Gyang (2003) 2-3 KLR (pt. 156) 869; (2003) 6 NWLR (PT. 816) 345

APPEALS - Courts - Evidence - Evaluation - Ascription of probative value is the duty of trial court - And when issue involves credibility of witnesses - Opinion of trial court must be respected (H3) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

APPEALS - Courts - Evidence - Evaluation - Trial court assesses demeanour of witnesses - And it is not for appeal court to interfere - More so when credibility of the witnesses is involved (H4) Umoru v. Zibiri (2003) 6 KLR (pt. 164) 2045; (2003) 11 NWLR (PT. 832) 647

APPEALS - Courts - Evidence - Evaluation - Where evaluation by trial Judge is based on evidence in court - Appellate Judge cannot

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

interfere - Save where such evaluation is perverse (H5) Iwuoha v. Nigerian Postal Services Ltd. (2003) 4 KLR (pt. 159) 1131; (2003) 8 NWLR (PT. 822) 308

APPEALS - Courts - Evidence - Evaluation - Where trial court failed to make findings of facts on the case before it - It is not for CA which did not observe the witnesses give evidence - To make findings based on credibility of witnesses (H3) Sanni v. Ademiluyi (2003) 1 KLR (pt. 151) 199; (2003) 3 NWLR (PT. 807) 331

APPEALS - Courts - Findings of fact - Court of Appeal erred in setting aside correct findings of trial court - Made on the facts pleaded (H3) Abudu v. Eguakun (2003) 7 KLR (pt. 165) 2065; (2003) 14 NWLR (PT. 840) 311

APPEALS - Courts - Findings of fact - Interference - Appellate court cannot reject findings of trial judge on evidence of witnesses - Unless such findings are perverse (H7) Okochi v. Animkwoi (2003) 2 KLR (pt. 154) 633; (2003) 18 NWLR (PT. 851) 1

APPEALS - Courts - Findings of fact - Where trial court's findings are supported with enough evidence on record - Appellate court must approach such findings with due caution (H2) Joe Golday Ltd. v. Co-operative Development Bank Plc (2003) 2 KLR (pt. 154) 543; (2003) 5 NWLR (PT. 814) 586

APPEALS - Courts - Hearing - Jurisdiction - Once the record of appeal has been received by Court of Appeal - The High Court from which the appeal emanated - Will cease to have jurisdiction over same (H4) Amoo v. Alabi (2003) 7 KLR (pt. 165) 2095; (2003) 12 NWLR (PT. 835) 537

APPEALS - Courts - Inadmissible evidence - Objection - Counsel is to object to such evidence - But where mistakenly admitted - Court must during judgment treat such evidence - As if it had never been admitted (H6) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

APPEALS - Courts - Issues - Answer to issue 1 is enough to dispose of

.

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

the appeal - Hence no useful purpose will be served - By considering issue 2 (H3) Macaulay v. Raiffeisen Zentral Bank of Austria (2003) 12 KLR (pt. 168) 2701; (2003) 18 NWLR (PT. 852) 282

APPEALS - Courts - Issues - Erroneous findings - Where trial court approaches evidence of parties wrongly - Appellate court will have no alternative but to allow the appeal (H6) Morenikeji v. Adegbosin (2003) 4 KLR (pt. 159) 1179; (2003) 8 NWLR (PT. 823) 612

APPEALS - Courts - Judgment - Interference - Appellate court does not ordinarily interfere - Save where the judgment was reached erroneously (H3) First African Trust Bank Ltd v. Partnership Inv. Co. Ltd (2003) 12 KLR (pt. 168) 2665; (2003) 18 NWLR (PT. 851) 35

APPEALS - Courts - Judgments - Binding nature of - If judgment is not appealed - It remains binding (H1) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

APPEALS - Courts - Judgments - Issues - Binding nature of - In determination of disputes between parties - Decision must be confined to issues properly raised by them (H1) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

APPEALS - Courts - Jurisdiction - Absence of - Effect - Since the Federal High Court lacked jurisdiction ab initio - Its decision and that of the Court of Appeal thereon - Are a nullity (H6) Ayman Enterprises Ltd v. Akuma Industries Ltd (2003) 6 KLR (pt. 164) 1881; (2003) 13 NWLR (PT. 836) 22

APPEALS - Courts - Pleadings - Averments - Need to read - Court must read all paragraphs of pleadings together - To get a flowing story of the parties (H4) Okochi v. Animkwoi (2003) 2 KLR (pt. 154) 633; (2003) 18 NWLR (PT. 851) 1

APPEALS - Courts - Retrial order - Is made where there is an error in law - Which neither renders trial a nullity - Nor makes it impossible for appellate court to say - There has been no miscarriage of justice (H7) Morenikeji v. Adegbosin (2003) 4 KLR (pt. 159) 1179; (2003) 8 NWLR (PT. 823) 612

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

APPEALS - Courts - Use of oral evidence - Correctness of - By s. 16 of Court of Appeal Act - The court rightly relied on oral evidence of respondent - While it rejected reliance of trial court on documents (H8) Cappa & D'Alberto Ltd v. Akintilo (2003) 4 KLR (pt. 157) 895; (2003) 9 NWLR (PT. 824) 49

APPEALS - Cross appeal - Non-consideration - Where the result of main appeal - Has effectively nullified the judgment of trial court - Cross appeal becomes of no moment (H3) Nuhu v. Ogele (2003) 12 KLR (pt. 169) 2877; (2003) 18 NWLR (PT. 852) 251

APPEALS - Cross appeal - Purpose - Respondent who seeks to set aside decision of court on a crucial aspect - Must do so by cross appeal - And not by respondent's notice (H4) Briggs v. Bob-Manuel (2003) 1 KLR (pt. 151) 117; (2003) 5 NWLR (PT. 813) 323

APPEALS - Customary arbitration - Appellate court does not interfere with such findings unless it is perverse - Native arbitration award that meets the standard - Will serve as an estoppel - But such standard is not met in this case (H1) Ufomba v. Ahuchaogu (2003) 4 KLR (pt. 158) 1103; (2003) 8 NWLR (PT. 821) 130

APPEALS - Document - Evaluation - Both trial and appellate Judges have equal right to evaluate document - And where finding of trial Judge is perverse - Appellate Judge can correct it (H4) Iwuoha v. Nigerian Postal Services Ltd. (2003) 4 KLR (pt. 159) 1131; (2003) 8 NWLR (PT. 822) 308

APPEALS - Election petitions - Gubernatorial elections - Final court - By s.246(3) 1999 constitution - Decision of Court of Appeal is final - In respect of appeals arising from such petitions (H1) Awuse v. Odili (2003) 11 KLR (pt. 167) 2427; (2003) 18 NWLR (PT. 851) 116

APPEALS - Election petitions - Jurisdiction - Supreme Court has no jurisdiction - Since Court of Appeal is the final apex court in such appeals (H2) Awuse v. Odili (2003) 11 KLR (pt. 167) 2427; (2003) 18 NWLR (PT. 851) 116

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

APPEALS - Election petitions - Necessary party - Under the Electoral Act 2002 - Petitioner is not obliged to make a successful or unsuccessful candidate or political party a respondent (H2) Buhari v. Obasanjo (No. 1) (2003) 11 KLR (pt. 167) 2453; (2003) 17 NWLR (PT. 850) 587

APPEALS - Evidence - Contradiction - Effect - It is not every contradiction that results in upsetting trial court's judgment - As contradiction must be material - To warrant interference with judgment (H2) Ejeka v. State (2003) 4 KLR (pt. 157) 915; (2003) 7 NWLR (PT. 819) 408

APPEALS - Evidence - Damages - Award - Unless issue of credibility of witnesses as to damages arise - Appellate court can assess and award damages (H5) C&C Construction Co. Ltd v. Okhai (2003) 12 KLR (pt. 168) 2639; (2003) 18 NWLR (PT. 851) 79

APPEALS - Evidence - Evaluation - Appellate Court does not interfere with findings of trial court - Save when such findings are perverse - Or wrong because of violation of some principles of law (H2) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

APPEALS - Evidence - Evaluation - As there was no proper evaluation of evidence by trial court - Supreme Court is right to interfere by reevaluating the evidence (H1) Joe Golday Ltd. v. Co-operative Development Bank Plc (2003) 2 KLR (pt. 154) 543; (2003) 5 NWLR (PT. 814) 586

APPEALS - Evidence - Evaluation - Interference - Justification - Where trial court wrongly evaluated evidence - Appellate court can intervene - Moreso where credibility of witnesses is not involved (H3) Ogbogu v. Ugwuegbu (2003) 4 KLR (pt. 159) 1219; (2003) 10 NWLR (PT. 827) 189

APPEALS - Evidence - Evaluation - Interference - Where there is no issue of credibility of witnesses - Then CA can interfere with discretion of trial court - In order to determine justice of the case between the parties (H1) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965;

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

(2003) 7 NWLR (PT. 818) 163

APPEALS - Evidence - Evaluation - Where trial court evaluates evidence and makes findings supported by evidence - It is not the business of appellate court - To substitute its own views for those of trial court (H2) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

APPEALS - Evidence - Opinion of appellate courts - Where findings are as a result of inferences drawn from facts - Appellate court can more readily form its own opinion - Unlike where it is based on evaluation and credibility of witnesses (H2) A-G Ekiti State v. Daramola (2003) 5 KLR (pt. 161) 1373; (2003) 10 NWLR (PT. 827) 104

APPEALS - Evidence- Findings of fact - Interference - Appellate court does not substitute its view for those of trial court - With respect to facts founded and supported by evidence (H1) A-G Ekiti State v. Daramola (2003) 5 KLR (pt. 161) 1373; (2003) 10 NWLR (PT. 827) 104

APPEALS - Expert qualification - Fresh issue of - Absence of leave - The issue cannot be entertained on appeal - As it was neither raised in trial court - Nor was the expert cross examined on same (H4) Amusa v. State (2003) 1 KLR (pt. 152) 247; (2003) 4 NWLR (PT. 811) 595

APPEALS - Filing - Extension of time - Time prescribed in the Court of Appeal Act is not relevant - For purposes of filing appeal - After extension of time has been granted (H3) Amoo v. Alabi (2003) 7 KLR (pt. 165) 2095; (2003) 12 NWLR (PT. 835) 537

APPEALS - Filing - Time limit - Court of Appeal Act s.25 - Appeal must be filed within time prescribed in the section - Whether ground is of law or mixed law and fact (H1) Owoniboys Tech. Serv. Ltd. v. Union Bank of Nig. Ltd. (2003) 7 KLR (pt. 165) 2221; (2003) 15 NWLR (PT. 844) 545

APPEALS - Fresh issue - Need for leave - Leave is required to raise fresh point on appeal - And appellate court has discretion to grant or

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

refuse such leave (H2) Jatau v. Ahmed (2003) 1 KLR (pt. 153) 447; (2003) 4 NWLR (PT. 811) 498

APPEALS - Fresh issue - Raised without leave - Fate - Leave is required to raise such issue - Otherwise the same will be discountenanced (H4) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

APPEALS - Fresh issues - Raised without leave - Fate - Leave must be sought and obtained to raise such issues - Otherwise same must be discountenanced (H2) Adake v. Akun (2003) 7 KLR (pt. 165) 2073; (2003) 14 NWLR (PT. 840) 418

APPEALS - Fresh issues - Raised without leave - Fate - Objection as to Exhibit 6 being a photocopy cannot be entertained in Supreme Court - Since same is a fresh issue on appeal (H1) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

APPEALS - Fresh issues - Raised without leave - Validity - The issues can only be raised with leave - But where such issue relates to jurisdiction - It can be properly raised without leave (H1) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

APPEALS - Ground - Not borne out of record - Meaning - A ground is said not to be borne out of the record - If it is not found or traced in the record (H2) Ogolo v. Fubara (2003) 5 KLR (pt. 162) 1561; (2003) 11 NWLR (PT. 831) 231

APPEALS - Grounds - Framing of - Implications - Framing a ground as a misdirection in law - Does not make the ground incompetent - Rather it raises a ground of mixed law and fact (H1) Akanbi v. Salawu (2003) 6 KLR (pt. 164) 1865; (2003) 13 NWLR (PT. 838) 637

APPEALS - Grounds - Nature of - Ground 1 does not deal with sufficiency of evidence - And so does not require evaluation of facts - It is therefore a ground of law (H1) Arjay Ltd. v. Airline Mgt. Support Ltd. (2003) 2-3 KLR (pt. 156) 799; (2003) 7 NWLR (PT. 820) 577

APPEALS - Grounds - Omnibus ground - Implication of - The ground

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

implies that judgment of trial court - Cannot be supported by weight of evidence (H7) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

APPEALS - Grounds - Supreme Court Rules - Compliance to - Ground 3 did not comply with the rules - As it merely alleged error of facts - Based on evidence in Exhibits F, G & J (H1) Umoru v. Zibiri (2003) 6 KLR (pt. 164) 2045; (2003) 11 NWLR (PT. 832) 647

APPEALS - Grounds - Vagueness of - Meaning - When a ground is framed in a language - Which lacks elegance necessary to make it understandable - It is said to be vague (H2) Nuhu v. Ogele (2003) 12 KLR (pt. 169) 2877; (2003) 18 NWLR (PT. 852) 251

APPEALS - Grounds of Appeal - Basis - Grounds of Appeal should be based only on live issues in the appeal - As they are complaint of appellant on judgment of lower court (H1) Iwuoha v. Nigerian Postal Services Ltd. (2003) 4 KLR (pt. 159) 1131; (2003) 8 NWLR (PT. 822) 308

APPEALS - Hearing - Manner of - Appellate court is not bound to consider appeal before it as a trial court - But determines whether trial court considered dispute between parties (H1) Usman v. Garke (2003) 7 KLR (pt. 165) 2287; (2003) 14 NWLR (PT. 840) 261

APPEALS - Hearing - Miscarriage of justice - Proof - Appellant must show that he suffered miscarriage of justice - As a result of the approach adopted by court - In consideration of his case (H2) Usman v. Garke (2003) 7 KLR (pt. 165) 2287; (2003) 14 NWLR (PT. 840) 261

APPEALS - Hearing - Missing records - Procedure to adopt - Where a material part of the record cannot be found - Court should order a retrial (H3) Okochi v. Animkwoi (2003) 2 KLR (pt. 154) 633; (2003) 18 NWLR (PT. 851) 1

APPEALS - Hearing - On incomplete records - Conditions - Appeal must not be so heard unless parties consent on record to it - Or that the missing part is immaterial - That it cannot affect the decision

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

therefrom (H2) Okochi v. Animkwoi (2003) 2 KLR (pt. 154) 633; (2003) 18 NWLR (PT. 851) 1

APPEALS - Injunctions - Grant - Past event - Where the event sought to be prevented has actually taken place - Court will not grant injunction - As doing so will amount to mere academic exercise (H4) Buhari v. Obasanjo (No. 2) (2003) 11 KLR (pt. 167) 2495; (2003) 17 NWLR (PT. 850) 510

APPEALS - Interlocutory appeals - Filing of - 1979 Constitution & Court of Appeal Act s.25 provisions - Must be complied with - And not be disregarded as mere technicality (H2) Owoniboys Tech. Serv. Ltd. v. Union Bank of Nig. Ltd. (2003) 7 KLR (pt. 165) 2221; (2003) 15 NWLR (PT. 844) 545

APPEALS - Issue - Meaning - An issue must be a proposition of law or fact - That a decision on it in favour of a party to the appeal - Will entitle him to the judgment of court (H2) Iwuoha v. Nigerian Postal Services Ltd. (2003) 4 KLR (pt. 159) 1131; (2003) 8 NWLR (PT. 822) 308

APPEALS - Issue - Relevancy - Role of Jaja Executive Authority was not a live issue in the matter - So the conclusion reached on it could not have been the basis - For a decision in favour of cross appellants (H7) Ogolo v. Fubara (2003) 5 KLR (pt. 162) 1561; (2003) 11 NWLR (PT. 831) 231

APPEALS - Issues - Basis - Issues must be distilled from grounds of appeal - Which must relate to vital aspect of judgment (H7) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

APPEALS - Issues - Formulation of - Basis - Issues for determination must be formulated from grounds of appeal - Whether or not they arise from appellant's or respondent's brief (H3) Iwuoha v. Nigerian Postal Services Ltd. (2003) 4 KLR (pt. 159) 1131; (2003) 8 NWLR (PT. 822) 308

APPEALS - Issues - Not based on grounds - Fate - Where an issue is

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

not predicated on any ground of appeal - It becomes incompetent and liable to be struck out (H6) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

APPEALS - Judgment - Issue - Basis - Judgment was given for respondents on the basis of acceptance of their traditional history - And not on the issues as canvassed by appellants (H6) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

APPEALS - Judgment - Slip - Effect - Erroneous comment that is not material to issue in an appeal - Cannot affect the conclusion therein (H1) Okeahialam v. Nwamara (2003) 7 KLR (pt. 165) 2207; (2003) 12 NWLR (PT. 835) 597

APPEALS - Judgments - Determination - Basis - Supreme Court determines whether Court of Appeal's judgment was correct - And not whether its reasons were insufficient or wrong (H5) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

APPEALS - Judgments - Mistakes - Effect on appeal - It is not every mistake that will result in an appeal being allowed - It is only such as has occasioned a miscarriage of justice (H7) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

APPEALS - Judgments - Slip - Effect - It is not every slip of a judge that will result in his judgment being set aside - Save where same affects the decision appealed against (H8) Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) 12 KLR (pt. 169) 2855

APPEALS - Judgments - Slip - Effect on appeal - It is not every mistake that results in an appeal being allowed - It is only when mistake is substantial - In that it occasioned miscarriage of justice - That appeal is affected (H3) Udegbunam v. Federal Capital Dev. Authority (2003) 5 KLR (pt. 160) 1359; (2003) 10 NWLR (PT. 829) 487

APPEALS - Land law - Courts - Judgment - Basis - The judgment

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

was not based on tampering with beacons - Rather it was based on the failure to prove the identity of land (H6) Auta v. Ibe (2003) 7 KLR (pt. 165) 2131; (2003) 13 NWLR (PT. 837) 247

APPEALS - Land law - Findings of fact - Since issue of identity of the land was never raised by parties - Supreme Court will not interfere with findings made by the lower courts (H1) Iso v. Eno (2003) 7 KLR (pt. 165) 2197; (2003) 12 NWLR (PT. 835) 585

APPEALS - Land law - Retrial - As respondent did not challenge the claim of appellants at trial court - The order made by CA for retrial was improper (H2) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

APPEALS - Land law - Title - Possession - Grant - Court of Appeal rightly resolved the right to possession of the land - In favour of respondent (H3) Usman v. Garke (2003) 7 KLR (pt. 165) 2287; (2003) 14 NWLR (PT. 840) 261

APPEALS - Land law - Traditional history - Concurrent findings - The trial Judge rightly tested evidence of history pleaded by parties - By considering recent acts of possession - And CA also rightly affirmed the findings made (H5) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

APPEALS - Leave - Customary Court of Appeal - By 1979 Constitution s.224 - Leave to appeal against decision of the court - Is required only at instance of an interested person - As a party thereto may appeal as of right (H2) Hirnor v. Yongo (2003) 4 KLR (pt. 157) 929; (2003) 9 NWLR (PT. 824) 77

APPEALS - Legal practitioners - Parties - Briefs - Binding nature - Submission not made in brief is of no moment - As parties are bound by their briefs (H5) Okpala v. Okpu (2003) 1 KLR (pt. 151) 171; (2003) 5 NWLR (PT. 812) 183

APPEALS - Objection - Preliminary objection - Failure to argue - As appellants' counsel did not make any submission on the notice of objection - The same is deemed abandoned (H2) Oforkire v. Maduike

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

(2003) 1 KLR (pt. 151) 159; (2003) 5 NWLR (PT. 812) 166

APPEALS - Objection - Preliminary objection - Manner of raising - Respondent must give three days notice before hearing - And when incorporated in brief - Leave must be sought to move the notice of objection (H1) Oforkire v. Maduike (2003) 1 KLR (pt. 151) 159; (2003) 5 NWLR (PT. 812) 166

APPEALS - Orders of court - Retrial order - Basis - Before retrial is made - Appellate court must be satisfied that the other party - Is not being wronged in such a manner - As to occasion miscarriage of justice (H4) Ogolo v. Ogolo (2003) 12 KLR (pt. 168) 2787; (2003) 18 NWLR (PT. 852) 494

APPEALS - Parties - Courts - Actions - Pleadings - Need for consistency - Party must be consistent in his pleadings and evidence in support - And also on appeal (H4) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

APPEALS - Parties - Right of appeal - Party to proceedings cannot appeal against a decision arrived thereat - Which does not wrongfully deprive him of an entitlement (H1) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

APPEALS - Pleadings - Binding nature of - Parties are bound by their pleadings - And evidence not pleaded cannot be allowed at trial - And if wrongly admitted - Appellate court must strike it out (H1) First African Trust Bank Ltd v. Partnership Inv. Co. Ltd (2003) 12 KLR (pt. 168) 2665; (2003) 18 NWLR (PT. 851) 35

APPEALS - Procedure - Applicable rules - High Court rules made pursuant to State law - Will not regulate practice and procedure - To be applied in appeal from High Court to Court of Appeal (H3) Ewete v. Gyang (2003) 2-3 KLR (pt. 156) 869; (2003) 6 NWLR (PT. 816) 345

APPEALS - Records of appeal - Binding nature of - Appellate court is bound by the record - As it has no jurisdiction to go outside same - To

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

draw conclusions (H5) Ogolo v. Fubara (2003) 5 KLR (pt. 162) 1561; (2003) 11 NWLR (PT. 831) 231

APPEALS - Reply brief - Purpose - Reply brief should be limited to answering any new point - Arising from respondent's brief - And should not repeat points already made in appellant's brief (H1) Ogolo v. Fubara (2003) 5 KLR (pt. 162) 1561; (2003) 11 NWLR (PT. 831) 231

APPEALS - Respondents - Role of - Respondent defends the judgment or ruling appealed against - But if he wishes to challenge same - He has to file a cross - appeal (H1) Buhari v. Obasanjo (No. 1) (2003) 11 KLR (pt. 167) 2453; (2003) 17 NWLR (PT. 850) 587

APPEALS - Retrial - Courts - Pleadings - Failure to consider - Where trial court failed to determine vital issue raised in pleadings - The CA is to make an order for retrial by another Judge (H4) Sanni v. Ademiluyi (2003) 1 KLR (pt. 151) 199; (2003) 3 NWLR (PT. 807) 331

APPEALS - Retrial Order - Basis - Retrial is ordered where trial court failed to consider material pieces of evidence - Which Court of Appeal is not in a position to evaluate (H8) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

APPEALS - Retrial order - Justification - Retrial is ordered inter alia where there has been error in substantive law - Or where trial court made no finding on conflicting material evidence - Adduced by parties in an issue (H3) Udengwu v. Uzuegbu (2003) 7 KLR (pt. 165) 2273; (2003) 13 NWLR (PT. 836) 136

APPEALS - Retrial order - Principle - Where appellate court decides to order retrial - It should desist from making statements - That may tend to prejudice the new trial (H5) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

APPEALS - Right of appeal - Customary Court of Appeal - By 1979 Constitution s. 224 - Appeal does not lie from that court to Court of Appeal - On ground which does not raise a question of customary

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

law (H1) Hirnor v. Yongo (2003) 4 KLR (pt. 157) 929; (2003) 9 NWLR (PT. 824) 77

APPEALS - Right of appeal - Interested party - By s. 233(5) 1999 Constitution - Such party may appeal with leave - And must disclose that he has a legally recognizable interest in the decision (H2) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

APPEALS - Statutes - High Court Law Northern Nigeria - Distinction in ss. 62 & 63 - While s. 62 confers appellate jurisdiction on High Court - S. 63(1) deals with composition of the court when hearing such appeals (H1) Ewete v. Gyang (2003) 2-3 KLR (pt. 156) 869; (2003) 6 NWLR (PT. 816) 345

APPEALS - Supreme Court - Orders - Appeals - Notice of Appeal - By ordering that notice be filed in Court of Appeal - Supreme Court has clothed that court with jurisdiction - To look into competency of the notice (H5) Amoo v. Alabi (2003) 7 KLR (pt. 165) 2095; (2003) 12 NWLR (PT. 835) 537

APPEALS - Supreme Court - Powers - By s.22 of Supreme Court Act - The court can make necessary order - For determining the real question in an appeal (H10) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

ARBITRATION - Agreement - Binding effect - Where parties have chosen to refer any of their disputes to arbitration instead of regular courts - Courts must act upon such agreement (H3) M.V. Lupex v. Nig. Overseas Chartering & Shipping Ltd. (2003) 6 KLR (pt. 164) 1967; (2003) 15 NWLR (PT. 844) 469

ARBITRATION - Customary arbitration - Appellate court does not interfere with such findings unless it is perverse - Native arbitration award that meets the standard - Will serve as an estoppel - But such standard is not met in this case (H1) Ufomba v. Ahuchaogu (2003) 4 KLR (pt. 158) 1103; (2003) 8 NWLR (PT. 821) 130

ARBITRATION - Customary arbitration - Ingredients - Preconditions

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

for such arbitration are inter alia - That there is voluntary submission of issue - And that parties agreed that decision therein will be binding (H1) Okereke v. Nwankwo (2003) 4 KLR (pt. 158) 1083; (2003) 9 NWLR (PT. 826) 392

ARBITRATION - Stay of proceedings - Grant - Grounds - Where parties agree that all dispute shall be referred to arbitration - It is a strong ground for granting stay (H2) M.V. Lupex v. Nig. Overseas Chartering & Shipping Ltd. (2003) 6 KLR (pt. 164) 1967; (2003) 15 NWLR (PT. 844) 469

ARBITRATION - Submission to - Implication - By submitting to arbitration - Respondent had compromised its right to resort to litigation in court (H1) M.V. Lupex v. Nig. Overseas Chartering & Shipping Ltd. (2003) 6 KLR (pt. 164) 1967; (2003) 15 NWLR (PT. 844) 469

ARMED FORCES - Court martial - Evidence - Material witness - Propriety - By s.143(3) Armed Forces Decree - The retired CAS is not a material witness - And prosecution was not obliged to call him as such (H4) State v. Olatunji (2003) 2 KLR (pt. 155) 777; (2003) 14 NWLR (PT. 839) 138

ARMED FORCES - Court Martial - Restitution order - Propriety - By s. 174(2) Armed Forces Decree - Where property unlawfully obtained is in possession of an offender - It is proper to give the order (H6) Nigerian Air Force v. Obiosa (2003) 1 KLR (pt. 153) 479; (2003) 4 NWLR (PT. 810) 233

ARMED FORCES - Delegation of authority - Under s.286 Armed Forces Decree - An officer can delegate his orders - Provided such orders are not prescribed by rules made under the decree (H1) Nigerian Air Force v. Obiosa (2003) 1 KLR (pt. 153) 479; (2003) 4 NWLR (PT. 810) 233

ARMED FORCES - Forgery - Validity - By s.112(a) Armed Forces Decree - Knowledge on the part of accused that document was forged - Is sufficient to ground his conviction for forgery (H4) Nigerian Air Force v. Obiosa (2003) 1 KLR (pt. 153) 479; (2003) 4 NWLR (PT. 810) 233

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

AUCTION SALES - Attachment - Judgments - Nullity - Effect - Since judgment of 14/02/94 is a nullity - The order of trial court on 09/10/95 - For attachment and sale of defendant's property - In satisfaction of the judgment - Is equally null and void (H4) Societe Generale Bank Ltd. v. Adewunmi (2003) 4 KLR (pt. 157) 949; (2003) 10 NWLR (PT. 829) 526

AUCTION SALES - Auctioneers Law s.19 - Breach - Effect - The issuance of public notice on the day sale was effected - Is in breach of the section - Which renders the sale irregular (H1) African Continental Bank Ltd v. Ihekwoaba (2003) 6 KLR (pt. 163) 1615; (2003) 16 NWLR (PT. 846) 249

AUCTION SALES - Property law - Irregularity in - Effect - By virtue of s. 21(1) of Conveyancing Act 1881 - Such irregularity cannot defeat purchaser's title to the property (H5) African Continental Bank Ltd v. Ihekwoaba (2003) 6 KLR (pt. 163) 1615; (2003) 16 NWLR (PT. 846) 249

BANKING - Cheques - Illegal payment - Liability - Bankers who collect cheques and pay to those not entitled to the proceeds - Are guilty of the tort of conversion (H1) Trade Bank Plc. v. Baniluk Nig. Ltd. (2003) 5 KLR (pt. 162) 1603; (2003) 9 NWLR (PT. 825) 416

BANKING - Courts - Ouster clauses - Intendment of - Decree 18 of 1994 s.1(5) - It is meant to deny High Court of its supervisory jurisdiction - With regard to Failed Banks Tribunal proceedings (H3) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

BANKING - Customer's accounts - Consolidation - To ascertain financial worth of its customer - Bank may consolidate customer's accounts - Unless precluded by express or implied agreement (H5) Joe Golday Ltd. v. Co-operative Development Bank Plc (2003) 2 KLR (pt. 154) 543; (2003) 5 NWLR (PT. 814) 586

BANKING - Judicial precedents - Distinguishing - Facts of UBA v. Ibhafidon are distinguishable from the instant case - As the drafts in

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

that case were issued on sufficiently funded accounts (H2) First African Trust Bank Ltd v. Partnership Inv. Co. Ltd (2003) 12 KLR (pt. 168) 2665; (2003) 18 NWLR (PT. 851) 35

BANKING - Jurisdiction - Federal High Court - 1999 Constitution s.251(1) - Jurisdiction conferred on the court covers matters concerning inter alia banking - Foreign exchange - And criminal causes arising therefrom (H5) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

CERTIFICATE OF OCCUPANCY - Title - Grant - Limitation of - By granting title to respondent - The authority has divested itself of interest in the land - Hence it cannot make subsequent grant of same land to appellant - Without revoking the prior grant (H5) Auta v. Ibe (2003) 7 KLR (pt. 165) 2131; (2003) 13 NWLR (PT. 837) 247

CERTIFICATE OF OCCUPANCY - Title - Proof - Certificate of occupancy - Weight of - The mere production of the certificate by party - Does not by itself entitle the party - To a declaration of title (H2) Auta v. Ibe (2003) 7 KLR (pt. 165) 2131; (2003) 13 NWLR (PT. 837) 247

CERTIORARI - Purpose - It is a writ available to High Court - In exercise of its supervisory control - To ensure that inferior courts do not exceed jurisdiction - Or commit irregularities (H1) Nwaoboshi v. Military Administrator Delta State (2003) 5 KLR (pt. 160) 1343; (2003) 11 NWLR (PT. 831) 305

CERTIORARI - Scope - It lies only against bodies exercising judicial authority - In respect of acts performed by them in that capacity - Not against executive or legislative acts (H2) Nwaoboshi v. Military Administrator Delta State (2003) 5 KLR (pt. 160) 1343; (2003) 11 NWLR (PT. 831) 305

CHARGES - Amended charge - Prosecution - Validity of - In view of uncontradicted evidence that respondent's terminal leave ended 31st May 1990 - Prosecution validly commenced within time (H2) Nigerian Air Force v. Obiosa (2003) 1 KLR (pt. 153) 479; (2003) 4 NWLR (PT. 810) 233

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

CHARGES - Amendment - Principles - CPA s.164 - Where charge is altered - The new charge must be read to accused - And his plea is recorded thereto (H2) State v. Olatunji (2003) 2 KLR (pt. 155) 777; (2003) 14 NWLR (PT. 839) 138

CHARGES - Arraignment - Since accused understood the charge and never complained against same - No miscarriage of justice was done (H2) Okeke v. State (2003) 2 KLR (pt. 154) 571; (2003) 15 NWLR (PT. 842) 25

CHARGES - Courts - Discretion - Application to prefer - Trial Judge has discretion to grant or refuse leave to prefer charge - But such must be exercised judicially and judiciously (H2) Ohwovoriole v. FRN (2003) 1 KLR (pt. 153) 515; (2003) 2 NWLR (PT. 803) 176

CHARGES - Courts - Discretion - Trial court wrongly exercised its discretion in granting leave to prefer the charge - As it considered matters which were not before it - And CA wrongly upheld the decision (H4) Ohwovoriole v. FRN (2003) 1 KLR (pt. 153) 515; (2003) 2 NWLR (PT. 803) 176

CHARGES - Criminal procedure - Arraignment - Principles - Accused must be placed before court unfettered - And charge is read and explained to him - With his plea taken thereto (H1) Okeke v. State (2003) 2 KLR (pt. 154) 571; (2003) 15 NWLR (PT. 842) 25

CHARGES - Evidence - From the proof of evidence - And statement of accused in the application to prefer the charge - There is no evidence linking appellant with the offence (H3) Ohwovoriole v. FRN (2003) 1 KLR (pt. 153) 515; (2003) 2 NWLR (PT. 803) 176

CHARGES - Framing - Correctness of - Use of the word fraudulently - Does not invalidate the charge - As respondent was not misled by the word (H10) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

CHARGES - Murder - Onus of proof - The charge may be established via direct or circumstantial evidence - And the onus is on prosecution to prove same beyond reasonable doubt (H2) Ubani v. State

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

(2003) 12 KLR (pt. 169) 2925; (2003) 18 NWLR (PT. 851) 224

CHARGES - Preferment - Application - Contents - Under the HC Rules - Application for leave must be accompanied by copy of the charge to be preferred - Names of witnesses - And proof of evidence (H1) Ohwovoriole v. FRN (2003) 1 KLR (pt. 153) 515; (2003) 2 NWLR (PT. 803) 176

CHIEFTAINCY MATTERS - Actions - Standard of proof - Civil suits are decided on relative strengths of the cases of the parties - Upon a preponderance of evidence - Resolved on the imaginary scale principle (H5) Owoyemi v. Adekoya (2003) 12 KLR (pt. 169) 2899; (2003) 18 NWLR (PT. 852) 307

CHIEFTAINCY MATTERS - Administrative law - Exercise of discretion - An exercise of discretion based on misinformation - Or suppression of facts - Is not a proper exercise (H3) Owoyemi v. Adekoya (2003) 12 KLR (pt. 169) 2899; (2003) 18 NWLR (PT. 852) 307

CHIEFTAINCY MATTERS - Administrative law - Judicial review - Correctness of - Lower courts rightly held that setting aside of selection of 1^st respondent by Governor - Was unfair since he acted on misinformation (H4) Owoyemi v. Adekoya (2003) 12 KLR (pt. 169) 2899; (2003) 18 NWLR (PT. 852) 307

CHIEFTAINCY MATTERS - Appeal - Right of - Limit - Imo State Traditional Rulers Law s.25 - The right is restricted to interested party - And does not imply a restriction of jurisdiction of court - For judicial review (H3) Okeahialam v. Nwamara (2003) 7 KLR (pt. 165) 2207; (2003) 12 NWLR (PT. 835) 597

CHIEFTAINCY MATTERS - Chieftaincy - Recognition of - By the provisions of Recognized Chieftaincies Order 1976 - Obasinkin chieftaincy became a minor chieftaincy - And it is no more recognized (H3) Mosojo v. Oyetayo (2003) 5 KLR (pt. 162) 1551; (2003) 13 NWLR (PT. 837) 340

CHIEFTAINCY MATTERS - Chieftaincy declaration - Amendment - Powers - Amendment of the declaration is not within jurisdiction of

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

court (H6) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

CHIEFTAINCY MATTERS - Courts - Findings of fact - Correctness of - Trial court rightly found that plaintiffs do not belong to Arojojoye house - Hence Court of Appeal should have upheld same (H3) A-G Ekiti State v. Daramola (2003) 5 KLR (pt. 161) 1373; (2003) 10 NWLR (PT. 827) 104

CHIEFTAINCY MATTERS - Courts - Jurisdiction - Ouster clause - There is nothing in the Edict of 1978 that ousts the jurisdiction - To determine issues in the statement of claim (H1) Briggs v. Bob-Manuel (2003) 1 KLR (pt. 151) 117; (2003) 5 NWLR (PT. 813) 323

CHIEFTAINCY MATTERS - Custom - Evidence - Eldest quarter - Findings - Where appellants did not challenge the special privileges given to Ebese - Court of Appeal rightly accepted the inference of trial court (H2) Umoru v. Zibiri (2003) 6 KLR (pt. 164) 2045; (2003) 11 NWLR (PT. 832) 647

CHIEFTAINCY MATTERS - Nomination - Proof - Nomination of 1^st plaintiff was void - Since plaintiffs failed to show that same - Was in accordance with custom (H3) Ogolo v. Ogolo (2003) 12 KLR (pt. 168) 2787; (2003) 18 NWLR (PT. 852) 494

CHIEFTAINCY MATTERS - Registered declaration - Validity - Where such declaration is validly made - It represents the applicable customary law regulating appointment to vacant chieftaincy (H2) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

CHIEFTAINCY MATTERS - Res judicata - Applicability - Sameness of issues - Issues in previous suit as in present suit - Question powers of Governor to amend the Chieftaincy Declaration - The issues are therefore same (H3) Afolabi v. Governor Osun State (2003) 7 KLR (pt. 165) 2083; (2003) 13 NWLR (PT. 836) 119

CHIEFTAINCY MATTERS - Statutes - Jurisdiction - Ouster clause - Imo State Traditional Rulers Law s.25 did not oust jurisdiction of court

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

- And is not in conflict with 1999 Constitution ss.6(6)(b) & 272 (H2) Okeahialam v. Nwamara (2003) 7 KLR (pt. 165) 2207; (2003) 12 NWLR (PT. 835) 597

CHIEFTAINCY MATTERS - Statutes - River State Chieftaincy Edict 1978 - The Edict was not repealed by 1979 Constitution - Its application rather became limited to matters - That arose prior to the coming into force of that Constitution (H2) Briggs v. Bob-Manuel (2003) 1 KLR (pt. 151) 117; (2003) 5 NWLR (PT. 813) 323

COMPANY LAW - Action - Commencement - Locus standi - Respondent has locus standi to prosecute the action - And seek for the orders - Hence leave is not necessary in the circumstance (H2) Unibiz Ltd v. Commercial Bank Credit Lyonnais Ltd (2003) 2-3 KLR (pt. 156) 845; (2003) 6 NWLR (PT. 816) 402

COMPANY LAW - Actions - Jurisdiction - Federal High Court has no exclusive jurisdiction - In actions arising from contract of employment - As same does not pertain to operation of companies (H2) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

COMPANY LAW - Actions - Libel - Joinder of parties - Correctness of - 1^st & 2^nd plaintiffs were rightly joined - Since any libelous imputation on professional competence of the company - Refers to both (H3) Edem v. Orpheo Nigeria Ltd. (2003) 7 KLR (pt. 165) 2179; (2003) 13 NWLR (PT. 838) 537

COMPANY LAW - Agency - Receiver - Status - By s. 390(1) CAMA - Receiver or manager of property is deemed - An agent of the person on whose behalf he is appointed (H1) Unibiz Ltd v. Commercial Bank Credit Lyonnais Ltd (2003) 2-3 KLR (pt. 156) 845; (2003) 6 NWLR (PT. 816) 402

COMPANY LAW - Contract of employment - Breach - Rule in Foss v. Harbottle - The rule is inapplicable because performance of contract entered into with 3rd party - Is not a matter of internal management of company (H1) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

COMPANY LAW - Legal personality - Defamation of company - A company is entitled to award of damages - Once it is proved that libel complained of - Is defamatory of its reputation (H2) Edem v. Orpheo Nigeria Ltd. (2003) 7 KLR (pt. 165) 2179; (2003) 13 NWLR (PT. 838) 537

COMPANY LAW - Legal personality - Torts - Nature of - Duyile v. Ogunbayo - A company can be injured by libel as to its monetary earnings - And not as to its feelings (H1) Edem v. Orpheo Nigeria Ltd. (2003) 7 KLR (pt. 165) 2179; (2003) 13 NWLR (PT. 838) 537

CONFLICT OF LAWS - Administration of estates - Applicable law - Where common law is abrogated by passage of statute - The former must give way - And the latter must prevail (H1) Salubi v. Nwariaku (2003) 2 KLR (pt. 154) 657; (2003) 7 NWLR (PT. 819) 426

CONFLICT OF LAWS - Courts - Edict - Status - Determination - Court can pronounce any edict which conflicts with a decree - As void to the extent of its inconsistency (H3) Nangibo v. Okafor (2003) 6 KLR (pt. 164) 1983; (2003) 14 NWLR (PT. 839) 78

CONFLICT OF LAWS - Existing Laws - Incorporation - 1999 Constitution s.315(1) - Decree on residual list that remains as existing law after the exit of the military - Shall become a law deemed to have been enacted - By State House of Assembly (H5) A-G Lagos State v. A-G Federation (2003) 6 KLR (pt. 163) 1637; (2003) 12 NWLR (PT. 833) 1

CONFLICT OF LAWS - Land law - State planning laws - Binding effect - Though Federal land may be situate in a State - Federal Govt. must respect regulations of State in respect of same - Or act in consultation with appropriate authorities (H7) A-G Lagos State v. A-G Federation (2003) 6 KLR (pt. 163) 1637; (2003) 12 NWLR (PT. 833) 1

CONFLICT OF LAWS - National Assembly - Legislative power - Under 1999 Constitution - National Assembly cannot enact general law on tribunals of inquiry - To have effect throughout Nigeria (H3)

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

Fawehinmi v. Babangida (2003) 1 KLR (pt. 152) 259; (2003) 3 NWLR (PT. 808) 604

CONFLICT OF LAWS - Statutes - Interpretation - Principles - Where a court is exposed to a general and a specific provision - The court will fall upon the specific provision - In the event of apparent conflict (H2) Araka v. Egbue (2003) 7 KLR (pt. 165) 2111; (2003) 17 NWLR (PT. 848) 1

CONSTITUTIONAL LAW - Action - Commencement - Office of A-G Federation - Constitution 1999 s. 147(1) creates the office - And any suit by or against the A-G will be absorbed by the office - Which never dies unless Constitution abrogates it (H2) A-G Federation v. All Nigeria Peoples Party (2003) 12 KLR (pt. 169) 2825; (2003) 18 NWLR (PT. 851) 182

CONSTITUTIONAL LAW - Actions - Commencement - Legal personality - Natural persons or institutions having juristic personality can sue and be sued - And A-G office being a creation of the Constitution - Is a legal person known to law (H3) A-G Federation v. All Nigeria Peoples Party (2003) 12 KLR (pt. 169) 2825; (2003) 18 NWLR (PT. 851) 182

CONSTITUTIONAL LAW - Appeals - Leave - Customary Court of Appeal - By 1979 Constitution s.224 - Leave to appeal against decision of the court - Is required only at instance of an interested person - As a party thereto may appeal as of right (H2) Hirnor v. Yongo (2003) 4 KLR (pt. 157) 929; (2003) 9 NWLR (PT. 824) 77

CONSTITUTIONAL LAW - Appeals - Interlocutory appeals - Filing of - 1979 Constitution & Court of Appeal Act s.25 provisions - Must be complied with - And not be disregarded as mere technicality (H2) Owoniboys Tech. Serv. Ltd. v. Union Bank of Nig. Ltd. (2003) 7 KLR (pt. 165) 2221; (2003) 15 NWLR (PT. 844) 545

CONSTITUTIONAL LAW - Appeals - Right of appeal - Customary Court of Appeal - By 1979 Constitution s. 224 - Appeal does not lie from that court to Court of Appeal - On ground which does not raise a question of customary law (H1) Hirnor v. Yongo (2003) 4 KLR (pt.

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

157) 929; (2003) 9 NWLR (PT. 824) 77

CONSTITUTIONAL LAW - Appeals - Right of appeal - Interested party - By s. 233(5) 1999 Constitution - Such party may appeal with leave - And must disclose that he has a legally recognizable interest in the decision (H2) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

CONSTITUTIONAL LAW - Chieftaincy - Jurisdiction - Ouster clause - Imo State Traditional Rulers Law s.25 did not oust jurisdiction of court - And is not in conflict with 1999 Constitution ss.6(6)(b) & 272 (H2) Okeahialam v. Nwamara (2003) 7 KLR (pt. 165) 2207; (2003) 12 NWLR (PT. 835) 597

CONSTITUTIONAL LAW - Chieftaincy matters - Statutes - River State Chieftaincy Edict 1978 - The Edict was not repealed by 1979 Constitution - Its application rather became limited to matters - That arose prior to the coming into force of that Constitution (H2) Briggs v. Bob-Manuel (2003) 1 KLR (pt. 151) 117; (2003) 5 NWLR (PT. 813) 323

CONSTITUTIONAL LAW - Constitution - Electoral Act - By s.139 1999 Constitution - National Assembly is empowered to enact the Act - That regulates elections generally (H2) Buhari v. Obasanjo (No. 2) (2003) 11 KLR (pt. 167) 2495; (2003) 17 NWLR (PT. 850) 510

CONSTITUTIONAL LAW - Constitution - Supremacy - Constitution allows for rules of procedure to be made - But does not make procedure to be master of the law (H4) Famfa Oil Limited v. A-G Federation (2003) 9-10 KLR (pt. 166) 2335; (2003) 18 NWLR (PT. 852) 453

CONSTITUTIONAL LAW - Constitution - Supremacy of - All powers whether legislative, executive or judicial - Must be traced to the Constitution - And legislative powers cannot be exercised inconsistently with the Constitution (H1) INEC v. Musa (2003) 1 KLR (pt. 152) 369; (2003) 3 NWLR (PT. 806) 72

CONSTITUTIONAL LAW - Constitution - Supremacy of - Constitu

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

tional provision has general application - And any law inconsistent with it - Is null and void to the extent of the inconsistency (H5) Nuhu v. Ogele (2003) 12 KLR (pt. 169) 2877; (2003) 18 NWLR (PT. 852) 251

CONSTITUTIONAL LAW - Constitution - Supremacy of - Without Constitutional provision - No valid law can be made - As to apply throughout the Federation of Nigeria (H1) Fawehinmi v. Babangida (2003) 1 KLR (pt. 152) 259; (2003) 3 NWLR (PT. 808) 604

CONSTITUTIONAL LAW - Courts - Academic issue - Interpretation of s. 182(1)(b) of the Constitution is embarking on academic exercise - As such will not affect the position of the Governor - Who is not a party to the action (H5) A-G Federation v. All Nigeria Peoples Party (2003) 12 KLR (pt. 169) 2825; (2003) 18 NWLR (PT. 851) 182

CONSTITUTIONAL LAW - Courts - Constitution - Interpretation - Purposive approach - Justification - Court is entitled to use materials as it considers helpful - In relation to meaning it gives to ambiguous provision (H3) A-G Lagos State v. A-G Federation (2003) 6 KLR (pt. 163) 1637; (2003) 12 NWLR (PT. 833) 1

CONSTITUTIONAL LAW - Courts - Proceedings - Sitting in camera - Constitutionality - Under the 1979 constitution - Except where there was express permission to do so - Such sitting was unconstitutional (H6) Nuhu v. Ogele (2003) 12 KLR (pt. 169) 2877; (2003) 18 NWLR (PT. 852) 251

CONSTITUTIONAL LAW - Courts - References - Making of - Conditions - 1999 Constitution s. s.295(2) - Court is not bound to make reference when it raises question suo motu - But must make reference where party requests for same (H9) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

CONSTITUTIONAL LAW - Election petitions - Gubernatorial elections - Final court - By s.246(3) 1999 constitution - Decision of Court of Appeal is final - In respect of appeals arising from such petitions (H1) Awuse v. Odili (2003) 11 KLR (pt. 167) 2427; (2003) 18 NWLR

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

(PT. 851) 116

CONSTITUTIONAL LAW - Election Petitions - Nature of - Election petition proceedings are sui generis - Hence special provisions made in the Constitution for such petitions - Must be complied with (H4) Buhari v. Yusuf (2003) 6 KLR (pt. 164) 1903; (2003) 14 NWLR (PT. 841) 446

CONSTITUTIONAL LAW - Existing Laws - Incorporation - 1999 Constitution s.315(1) - Decree on residual list that remains as existing law after the exit of the military - Shall become a law deemed to have been enacted - By State House of Assembly (H5) A-G Lagos State v. A-G Federation (2003) 6 KLR (pt. 163) 1637; (2003) 12 NWLR (PT. 833) 1

CONSTITUTIONAL LAW - Existing laws - Power of modification - Extent of - It includes the power to add - Alter, omit or repeal the law - To bring it in conformity with the constitution (H3) A-G Abia State v. A-G Federation (2003) 1 KLR (pt. 151) 1; (2003) 4 NWLR (PT. 809) 124

CONSTITUTIONAL LAW - Existing laws - Power of modification - Justification for - It is justified by our historical circumstance - Without it the country might find itself operating unconstitutional statutes (H2) A-G Abia State v. A-G Federation (2003) 1 KLR (pt. 151) 1; (2003) 4 NWLR (PT. 809) 124

CONSTITUTIONAL LAW - Fundamental rights - Fair hearing - Breach - 1999 Constitution s.36 - Any breach of the provisions of fundamental rights - Renders the act subsequent to that breach - A nullity (H2) Amoo v. Alabi (2003) 7 KLR (pt. 165) 2095; (2003) 12 NWLR (PT. 835) 537

CONSTITUTIONAL LAW - Jurisdiction - Federal High Court - 1999 Constitution s.251(1) - Jurisdiction conferred on the court covers matters concerning inter alia banking - Foreign exchange - And criminal causes arising therefrom (H5) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

CONSTITUTIONAL LAW - Jurisdiction - Federal High Court - Basis - If the cause of action comes within the enforcement of fundamental rights in chapter IV of the Constitution - Then the court is conferred with jurisdiction (H2) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

CONSTITUTIONAL LAW - Jurisdiction - Federal High Court - Passing off - In respect of the general jurisdiction in passing off - Jurisdiction of the court is as set out in s.230 (1) (f) of 1979 constitution - In respect of actions arising from federal enactments (H2) Ayman Enterprises Ltd v. Akuma Industries Ltd (2003) 6 KLR (pt. 164) 1881; (2003) 13 NWLR (PT. 836) 22

CONSTITUTIONAL LAW - Jurisdiction - Ouster clause - Scope - S.6(6)(d) of 1979 Constitution did not prohibit any court from questioning the validity of any law - It only prohibits questioning the competence of the lawmaker (H1) Nangibo v. Okafor (2003) 6 KLR (pt. 164) 1983; (2003) 14 NWLR (PT. 839) 78

CONSTITUTIONAL LAW - Jurisdiction - Scope - 1999 Constitution s. 6(6)(b) - A person who claims civil right is entitled to invoke jurisdiction of court - And court is to decide whether such right exists or not (H3) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

CONSTITUTIONAL LAW - Land law - Acquisition - Compulsory acquisition - Right of action - Decree No.1 of 1966 gave right of action - And payment of compensation - To person whose interest in land was compulsorily acquired (H2) Nangibo v. Okafor (2003) 6 KLR (pt. 164) 1983; (2003) 14 NWLR (PT. 839) 78

CONSTITUTIONAL LAW - Land law - Sale - Validity - State Lands Edict 1972 - Since the Edict has been declared unconstitutional - Sale of the property to appellant is invalid (H7) Nangibo v. Okafor (2003) 6 KLR (pt. 164) 1983; (2003) 14 NWLR (PT. 839) 78

CONSTITUTIONAL LAW - Legislative powers - 1999 Constitution ss.4(4)(b) & 4(7)(6) - Scope - Power provided in the sections is either in relation to particular matter - Or it is a residuary power (H1)

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

A-G Lagos State v. A-G Federation (2003) 6 KLR (pt. 163) 1637; (2003) 12 NWLR (PT. 833) 1

CONSTITUTIONAL LAW - Legislative powers - National Assembly - 1999 Constitution s.20 - Effect - Though N.A. can make relevant laws by virtue of the provision - It cannot make such law as Decree No. 88 of 1992 on the basis thereof (H2) A-G Lagos State v. A-G Federation (2003) 6 KLR (pt. 163) 1637; (2003) 12 NWLR (PT. 833) 1

CONSTITUTIONAL LAW - Legislative powers - Urban & regional planning - N.A. can make planning laws for the FCT Abuja - And so can State Houses of Assembly legislate for their respective States (H6) A-G Lagos State v. A-G Federation (2003) 6 KLR (pt. 163) 1637; (2003) 12 NWLR (PT. 833) 1

CONSTITUTIONAL LAW - Legislature - National Assembly - Empowerment of INEC - By Constitution s. 228(d) - NA can confer powers on INEC to effectively ensure - That political parties observe the provisions of ss. 221-229 - And to legislate for regulation of parties (H3) INEC v. Musa (2003) 1 KLR (pt. 152) 369; (2003) 3 NWLR (PT. 806) 72

CONSTITUTIONAL LAW - Legislature - National Assembly - Legislative power - Under 1999 Constitution - National Assembly cannot enact general law on tribunals of inquiry - To have effect throughout Nigeria (H3) Fawehinmi v. Babangida (2003) 1 KLR (pt. 152) 259; (2003) 3 NWLR (PT. 808) 604

CONSTITUTIONAL LAW - Legislature - National Assembly - Political parties - Regulation - NA acts outside its constitutional authority - Where in exercise of its power over registration and monitoring of parties - It decrees conditions of eligibility to function as parties (H5) INEC v. Musa (2003) 1 KLR (pt. 152) 369; (2003) 3 NWLR (PT. 806) 72

CONSTITUTIONAL LAW - Making of laws - 1999 Constitution s.20 - Scope - The provision is not concerned with making laws - For the physical layout and developmental control of any town in Nigeria

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

(H4) A-G Lagos State v. A-G Federation (2003) 6 KLR (pt. 163) 1637; (2003) 12 NWLR (PT. 833) 1

CONSTITUTIONAL LAW - Office of A-G - Distinctive nature - The office is different from the person occupying it - As while the office is stable being a creation of the Constitution - The incumbent could be varied (H4) A-G Federation v. All Nigeria Peoples Party (2003) 12 KLR (pt. 169) 2825; (2003) 18 NWLR (PT. 851) 182

CONSTITUTIONAL LAW - Orders of court - Restraining order - Fair hearing - The order contravenes 1999 Constitution s. 36(1) - As appellant was neither heard - Nor was he put on notice (H3) Unibiz Ltd v. Commercial Bank Credit Lyonnais Ltd (2003) 2-3 KLR (pt. 156) 845; (2003) 6 NWLR (PT. 816) 402

CONSTITUTIONAL LAW - Separation of powers - Concept of - Purport - It is that none of the three arms of government under the constitution - Should encroach into the powers of the other (H1) A-G Abia State v. A-G Federation (2003) 1 KLR (pt. 151) 1; (2003) 4 NWLR (PT. 809) 124

CONSTITUTIONAL LAW - Statutes - Interpretation - Manner of - Where an enactment can be construed so as to avoid inconsistency with Constitution - Such construction should be preferred to any other that leads to inconsistency (H4) Okeahialam v. Nwamara (2003) 7 KLR (pt. 165) 2207; (2003) 12 NWLR (PT. 835) 597

CONTEMPT OF COURT - Motions - Except in exercise of punitive jurisdiction - Against contemnor of court order - A refusal by court to hear motion is breach of right to fair hearing (H7) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

CONTRACTS - Actions - Cause of action - Proof - Where plaintiff's case is based on absence of essential prior approval - Such must be pleaded - Else there would be no cause of action (H11) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

CONTRACTS - Agreement - Binding nature of - Persons of full age and sound mind - Are bound by any agreement lawfully entered into by them (H2) Okonkwo v. Cooperative & Commerce Bank Plc (2003) 2 KLR (pt. 155) 719; (2003) 8 NWLR (PT. 822) 347

CONTRACTS - Binding nature of - Where party has agreed to be bound by contract - By taking benefits thereunder - He cannot subsequently ask court to set aside same (H10) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

CONTRACTS - Breach - Substituted contract - Proof - Breach does not often arise from substitution of existing contract with fresh contract - As it must be shown that the new contract was without consent of parties (H9) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

CONTRACTS - Company Law - Contract of employment - Breach - Rule in Foss v. Harbottle - The rule is inapplicable because performance of contract entered into with 3rd party - Is not a matter of internal management of company (H1) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

CONTRACTS - Contract of insurance - Meaning - By Marine Insurance Act 1961 s. 3 - Such contract is one whereby insurer undertakes to indemnify the assured - In manner agreed against marine losses (H2) Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) 12 KLR (pt. 169) 2855

CONTRACTS - Determination - Procedure - Where stipulated -The determination must be done in accordance with the procedure - stipulated in the contract (H3) Abalogu v. Shell Petroleum Development Co. Nig. Ltd. (2003) 6 KLR (pt. 164) 1837; (2003) 13 NWLR (PT. 837) 308

CONTRACTS - Estoppel by conduct - Plea - Exhibit N cannot be construed as an assurance - Nor can it be interpreted to override the express contractual stipulation - As to determination of Exhibit D (H1)

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

Abalogu v. Shell Petroleum Development Co. Nig. Ltd. (2003) 6 KLR (pt. 164) 1837; (2003) 13 NWLR (PT. 837) 308

CONTRACTS - Evidence - Admissibility - Exceptions - Admissible evidence of a contract is the contract itself - Unless facts are pleaded to bring the case under exceptions - Provided in Evidence Act s.132(b)(c) (H3) Arjay Ltd. v. Airline Mgt. Support Ltd. (2003) 2-3 KLR (pt. 156) 799; (2003) 7 NWLR (PT. 820) 577

CONTRACTS - Evidence - Presumption - Title - Proof - 20 years document - Regularity of - Presumption contemplated by Evidence Act s. 130 is applicable to exhibit B - Since it is more than 20 years old at date of the contract (H8) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

CONTRACTS - Insurance - Liability - Where loss was due to damage to goods in accident - Which occurred after expiry of the policy - Insurer will not be liable to indemnify the insured (H7) Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) 12 KLR (pt. 169) 2855

CONTRACTS - Insurance - Precautions - The insured is to ensure inter-alia that the policy contains a "continuation clause" (H6) Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) 12 KLR (pt. 169) 2855

CONTRACTS - Insurance - Voyage & time policy - Distinction - The former refers to insurance of subject matter from one place to another - While the latter refers to insurance for a definite period of time (H5) Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) 12 KLR (pt. 169) 2855

CONTRACTS - Jurisdiction - Private law - Right - Grant - Court's grant of declaration of right is predicated on existence of legal right - And such right attaches to property and to the person subject to contract (H4) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

CONTRACTS - Land law - Contract of sale - Breach - Proper order -

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

Specific performance is the proper order - As damages cannot adequately compensate a party (H7) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

CONTRACTS - Master & servant - Employee status - Right not to be declared redundant must be dependent on the contract - And not on any matter of public law (H5) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

CONTRACTS - Master & servant - Termination - Determination - Court is not entitled to look outside the contract of service - As it is the best and only way of deciding - Rights of the parties under the contract (H7) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

CONTRACTS - Mortgage deeds - Binding nature of - Since the parties have agreed to be bound by terms in Exhibits 4 D1 & 5 - Court cannot make a different contract for them (H5) Owoniboys Tech. Serv. Ltd. v. Union Bank of Nig. Ltd. (2003) 7 KLR (pt. 165) 2221; (2003) 15 NWLR (PT. 844) 545

CONTRACTS - Statutes - Insurance - Policy - Marine Insurance Act s. 2 refers to marine policy - Which is a unilateral undertaking by insurers - To pay sum insured on happening of specified event (H3) Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) 12 KLR (pt. 169) 2855

CONTRACTS - Terms - Binding nature of - As relationship between the parties is contractual - Extrinsic evidence will generally not be accepted - To vary the terms agreed upon (H1) Okonkwo v. Cooperative & Commerce Bank Plc (2003) 2 KLR (pt. 155) 719; (2003) 8 NWLR (PT. 822) 347

CONTRACTS - Terms - Collective agreements - Incorporation - They were not incorporated - Nor intended to be binding on the parties - Else they would have been expressly incorporated (H5) Abalogu v. Shell Petroleum Development Co. Nig. Ltd. (2003) 6 KLR (pt. 164) 1837; (2003) 13 NWLR (PT. 837) 308

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

CONTRACTS - Terms - Collective agreements - Relevancy - Even if the agreements had been incorporated - They would still be irrelevant to the issue of whether appellant's employment was lawfully terminated (H6) Abalogu v. Shell Petroleum Development Co. Nig. Ltd. (2003) 6 KLR (pt. 164) 1837; (2003) 13 NWLR (PT. 837) 308

CONTRACTS - Terms - Pleadings - Party whose claim is based on contractual rights - Should plead the term that gave the right or obligation - And what constituted breach (H7) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

CONVEYANCING - Deed of assignment - Governor's consent - Time to obtain - Failure to obtain consent before deed is executed - Does not render such assignment null & void (H2) Iragunima v. Rivers State Housing Authority (2003) 5 KLR (pt. 161) 1457; (2003) 12 NWLR (PT. 834) 427

CONVEYANCING - Property law - Irregularity in - Effect - By virtue of s. 21(1) of Conveyancing Act 1881 - Such irregularity cannot defeat purchaser's title to the property (H5) African Continental Bank Ltd v. Ihekwoaba (2003) 6 KLR (pt. 163) 1615; (2003) 16 NWLR (PT. 846) 249

CONVICTION - Accidents - Dangerous driving - Causing death by - Is proved - For in Road traffic offences - Slightest negligence on the part of accused - Is sufficient to sustain a conviction (H1) Amusa v. State (2003) 1 KLR (pt. 152) 247; (2003) 4 NWLR (PT. 811) 595

CONVICTION - Forgery - Validity - By s.112(a) Armed Forces Decree - Knowledge on the part of accused that document was forged - Is sufficient to ground his conviction for forgery (H4) Nigerian Air Force v. Obiosa (2003) 1 KLR (pt. 153) 479; (2003) 4 NWLR (PT. 810) 233

CONVICTION - Murder - Correctness of - Since evidence abound that appellant stabbed deceased to death - The conviction of murder cannot be reduced to manslaughter (H3) Ejeka v. State (2003) 4

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

KLR (pt. 157) 915; (2003) 7 NWLR (PT. 819) 408

COURT MARTIAL - Convening of - Right to delegate - Chief of Army validly authorized the senior officer - To sign the convening order (H1) State v. Olatunji (2003) 2 KLR (pt. 155) 777; (2003) 14 NWLR (PT. 839) 138

COURT MARTIAL - Criminal procedure - Arraignment - Correctness of - Respondent was properly arraigned before Court Martial - And his trial commenced within 3 months of his discharge from service (H3) State v. Olatunji (2003) 2 KLR (pt. 155) 777; (2003) 14 NWLR (PT. 839) 138

COURT MARTIAL - Evidence - Material witness - Propriety - By s.143(3) Armed Forces Decree - The retired CAS is not a material witness - And prosecution was not obliged to call him as such (H4) State v. Olatunji (2003) 2 KLR (pt. 155) 777; (2003) 14 NWLR (PT. 839) 138

COURT MARTIAL - Judicial notice - Respondent's engagement in trade - The fact of such engagement must be proved by credible evidence (H5) Nigerian Air Force v. Obiosa (2003) 1 KLR (pt. 153) 479; (2003) 4 NWLR (PT. 810) 233

COURT MARTIAL - Restitution order - Propriety - By s. 174(2) Armed Forces Decree - Where property unlawfully obtained is in possession of an offender - It is proper to give the order (H6) Nigerian Air Force v. Obiosa (2003) 1 KLR (pt. 153) 479; (2003) 4 NWLR (PT. 810) 233

COURT PROCESSES - Abuse - Appeals - Judgment - Since applicant has appealed against judgment of Court of Appeal - As well as applied for a stay of execution - Present application is an abuse of process (H1) African Reinsurance Corp. v. JDP Construction Ltd. (2003) 2 KLR (pt. 155) 675; (2003) 13 NWLR (PT. 838) 609

COURT PROCESSES - Affidavit of service - Purpose - It is to convince court that the person on whom processes are to be served - Has been duly served (H3) Societe Generale Bank Ltd. v. Adewunmi

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

(2003) 4 KLR (pt. 157) 949; (2003) 10 NWLR (PT. 829) 526

COURT PROCESSES - Fundamental rights - Enforcement - Procedure - Manner in which such matter is brought to court is hardly objectionable - Once it is clear that originating process seeks redress - For infringement of right (H4) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

COURT PROCESSES - Jurisdiction - Objection to - Raised before pleading - Propriety - Such objection is different from a demurrer - And can be raised at any time - Even if the only process file is the writ of summons (H2) Arjay Ltd. v. Airline Mgt. Support Ltd. (2003) 2-3 KLR (pt. 156) 799; (2003) 7 NWLR (PT. 820) 577

COURT PROCESSES - Originating summons - Purpose - The summons is used where there is no serious dispute as to facts - Save for determination of question of construction - Arising under an instrument (H2) Famfa Oil Limited v. A-G Federation (2003) 9-10 KLR (pt. 166) 2335; (2003) 18 NWLR (PT. 852) 453

COURT PROCESSES - Prerogative writs - Certiorari - Purpose - It is a writ available to High Court - In exercise of its supervisory control - To ensure that inferior courts do not exceed jurisdiction - Or commit irregularities (H1) Nwaoboshi v. Military Administrator Delta State (2003) 5 KLR (pt. 160) 1343; (2003) 11 NWLR (PT. 831) 305

COURT PROCESSES - Prerogative writs - Certiorari - Scope - It lies only against bodies exercising judicial authority - In respect of acts performed by them in that capacity - Not against executive or legislative acts (H2) Nwaoboshi v. Military Administrator Delta State (2003) 5 KLR (pt. 160) 1343; (2003) 11 NWLR (PT. 831) 305

COURT PROCESSES - Processing error - Effect on party - Such error should not be visited on a party - Where he has done all that the law requires of him - In respect of the process (H1) Famfa Oil Limited v. A-G Federation (2003) 9-10 KLR (pt. 166) 2335; (2003) 18 NWLR (PT. 852) 453

COURT PROCESSES - Service - Failure to serve - Effect - Craig v.

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

Kanseen - Where service is required - Such failure is a fundamental vice which invalidates any order made - Against the party not served (H1) Eimskip Ltd. v. Exquisite Ind. Nig. Ltd. (2003) 1 KLR (pt. 151) 133; (2003) 4 NWLR (PT. 809) 88

COURT PROCESSES - Service - Fundamentality of - Where service of process is required - Failure to do so goes to the root of the case - As it deprives the court the jurisdiction to hear the suit (H1) Societe Generale Bank Ltd. v. Adewunmi (2003) 4 KLR (pt. 157) 949; (2003) 10 NWLR (PT. 829) 526

COURT PROCESSES - Service - Proof - As there was no affidavit of service and production of same - Contrary to the HC rules O. 12 r. 1 & 28 - It cannot be concluded that defendant knew of proceedings of that day (H2) Societe Generale Bank Ltd. v. Adewunmi (2003) 4 KLR (pt. 157) 949; (2003) 10 NWLR (PT. 829) 526

COURT PROCESSES - Service out of jurisdiction - Requirements - Federal High Court Rules 13 & 14 must be complied with - And plaintiff must seek & obtain prior leave to serve (H2) Eimskip Ltd. v. Exquisite Ind. Nig. Ltd. (2003) 1 KLR (pt. 151) 133; (2003) 4 NWLR (PT. 809) 88

COURT PROCESSES - Substituted service - Application for - Determination - United Nig. Press Ltd. v. Adebanjo - Court must be satisfied that the mode of service - Would give notice to the person to be served (H3) Eimskip Ltd. v. Exquisite Ind. Nig. Ltd. (2003) 1 KLR (pt. 151) 133; (2003) 4 NWLR (PT. 809) 88

COURTS - Academic issue - Interpretation of s. 182(1)(b) of the Constitution is embarking on academic exercise - As such will not affect the position of the Governor - Who is not a party to the action (H5) A-G Federation v. All Nigeria Peoples Party (2003) 12 KLR (pt. 169) 2825; (2003) 18 NWLR (PT. 851) 182

COURTS - Accidents - Dangerous driving - Expert opinion - Validity - PW5 being a pathologist is qualified to conduct the postmortem on the deceased - And the lower courts rightly relied on his evidence (H3) Amusa v. State (2003) 1 KLR (pt. 152) 247; (2003) 4 NWLR

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

(PT. 811) 595

COURTS - Actions - Address - Relevance of - At close of case for the parties - Court must ask parties to address it - As a matter cannot be adjourned for judgment - Without court being addressed (H5) Okoebor v. Police Council (2003) 5 KLR (pt. 161) 1467; (2003) 12 NWLR (PT. 834) 444

COURTS - Actions - No case submission - If at close of plaintiff's case there is submission of no case - Judge should refuse to rule on it - Unless defence counsel indicates he is not to call evidence (H4) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

COURTS - Actions - Pleadings - Amendment - Until an action is finally determined - Court has ample powers of amendment at all stages of proceedings (H1) Gowon v. Ike-Okongwu (2003) 1 KLR (pt. 152) 317; (2003) 6 NWLR (PT. 815) 38

COURTS - Actions - Pleadings - Binding nature - Parties and the court are bound by pleadings - And parties will not be allowed to set up cases different from their pleadings (H1) Ogbogu v. Ugwuegbu (2003) 4 KLR (pt. 159) 1219; (2003) 10 NWLR (PT. 827) 189

COURTS - Appeal - Basis - Appeal that does not relate to the decision of court on issues arising from pleadings - Will be unrelated to facts of the case - And thus degenerate to academic exercise (H2) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

COURTS - Appeal - Inadmissible evidence - Objection - Counsel is to object to such evidence - But where mistakenly admitted - Court must during judgment treat such evidence - As if it had never been admitted (H6) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

COURTS - Appeals - Leave - Customary Court of Appeal - By 1979 Constitution s.224 - Leave to appeal against decision of the court - Is required only at instance of an interested person - As a party thereto

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

may appeal as of right (H2) Hirnor v. Yongo (2003) 4 KLR (pt. 157) 929; (2003) 9 NWLR (PT. 824) 77

COURTS - Appeals - Action - Jurisdiction - Court of Appeal rightly held that trial court has jurisdiction in the matter - As the cause of action is one that respondents can litigate on (H3) Briggs v. Bob-Manuel (2003) 1 KLR (pt. 151) 117; (2003) 5 NWLR (PT. 813) 323

COURTS - Appeals - Adjournment - Judgments - Arrest of - Court of Appeal rightly refused to arrest the judgment - Since parties were duly represented - And briefs of argument were considered by court (H5) Briggs v. Bob-Manuel (2003) 1 KLR (pt. 151) 117; (2003) 5 NWLR (PT. 813) 323

COURTS - Appeals - Alternative prayers - Sustainability of - Since the prayers are deemed to have been abandoned by appellants' counsel - It was unnecessary for Court of Appeal to make finding thereon (H5) Buhari v. Obasanjo (No. 1) (2003) 11 KLR (pt. 167) 2453; (2003) 17 NWLR (PT. 850) 587

COURTS - Appeals - Cross appeal - Purpose - Respondent who seeks to set aside decision of court on a crucial aspect - Must do so by cross appeal - And not by respondent's notice (H4) Briggs v. Bob-Manuel (2003) 1 KLR (pt. 151) 117; (2003) 5 NWLR (PT. 813) 323

COURTS - Appeals - Discretion - Interference - Where trial court based its discretion on matters extraneous to issues before it - Or failed to consider relevant facts - Supreme Court can interfere (H5) Ohwovoriole v. FRN (2003) 1 KLR (pt. 153) 515; (2003) 2 NWLR (PT. 803) 176

COURTS - Appeals - Document - Evaluation - Both trial and appellate Judges have equal right to evaluate document - And where finding of trial Judge is perverse - Appellate Judge can correct it (H4) Iwuoha v. Nigerian Postal Services Ltd. (2003) 4 KLR (pt. 159) 1131; (2003) 8 NWLR (PT. 822) 308

COURTS - Appeals - Evidence - Damages - Award - Unless issue of credibility of witnesses as to damages arise - Appellate court can as

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

sess and award damages (H5) C&C Construction Co. Ltd v. Okhai (2003) 12 KLR (pt. 168) 2639; (2003) 18 NWLR (PT. 851) 79

COURTS - Appeals - Evidence - Evaluation - Appellate Court does not interfere with findings of trial court - Save when such findings are perverse - Or wrong because of violation of some principles of law (H2) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

COURTS - Appeals - Evidence - Evaluation - As there was no proper evaluation of evidence by trial court - Supreme Court is right to interfere by reevaluating the evidence (H1) Joe Golday Ltd. v. Co-operative Development Bank Plc (2003) 2 KLR (pt. 154) 543; (2003) 5 NWLR (PT. 814) 586

COURTS - Appeals - Evidence - Evaluation - Ascription of probative value is the duty of trial court - And when issue involves credibility of witnesses - Opinion of trial court must be respected (H3) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

COURTS - Appeals - Evidence - Evaluation - Interference - Where there is no issue of credibility of witnesses - Then CA can interfere with discretion of trial court - In order to determine justice of the case between the parties (H1) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

COURTS - Appeals - Evidence - Evaluation - Trial court assesses demeanour of witnesses - And it is not for appeal court to interfere - More so when credibility of the witnesses is involved (H4) Umoru v. Zibiri (2003) 6 KLR (pt. 164) 2045; (2003) 11 NWLR (PT. 832) 647

COURTS - Appeals - Evidence - Evaluation - Where evaluation by trial Judge is based on evidence in court - Appellate Judge cannot interfere - Save where such evaluation is perverse (H5) Iwuoha v. Nigerian Postal Services Ltd. (2003) 4 KLR (pt. 159) 1131; (2003) 8 NWLR (PT. 822) 308

COURTS - Appeals - Evidence - Evaluation - Where trial court failed

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

to make findings of facts on the case before it - It is not for CA which did not observe the witnesses give evidence - To make findings based on credibility of witnesses (H3) Sanni v. Ademiluyi (2003) 1 KLR (pt. 151) 199; (2003) 3 NWLR (PT. 807) 331

COURTS - Appeals - Expert qualification - Fresh issue of - Absence of leave - The issue cannot be entertained on appeal - As it was neither raised in trial court - Nor was the expert cross examined on same (H4) Amusa v. State (2003) 1 KLR (pt. 152) 247; (2003) 4 NWLR (PT. 811) 595

COURTS - Appeals - Findings of fact - Court of Appeal erred in setting aside correct findings of trial court - Made on the facts pleaded (H3) Abudu v. Eguakun (2003) 7 KLR (pt. 165) 2065; (2003) 14 NWLR (PT. 840) 311

COURTS - Appeals - Findings of fact - Interference - Appellate court cannot reject findings of trial judge on evidence of witnesses - Unless such findings are perverse (H7) Okochi v. Animkwoi (2003) 2 KLR (pt. 154) 633; (2003) 18 NWLR (PT. 851) 1

COURTS - Appeals - Findings of fact - Where trial court's findings are supported with enough evidence on record - Appellate court must approach such findings with due caution (H2) Joe Golday Ltd. v. Co-operative Development Bank Plc (2003) 2 KLR (pt. 154) 543; (2003) 5 NWLR (PT. 814) 586

COURTS - Appeals - Fresh issue - Need for leave - Leave is required to raise fresh point on appeal - And appellate court has discretion to grant or refuse such leave (H2) Jatau v. Ahmed (2003) 1 KLR (pt. 153) 447; (2003) 4 NWLR (PT. 811) 498

COURTS - Appeals - Fresh issue - Raised without leave - Fate - Leave is required to raise such issue - Otherwise the same will be discountenanced (H4) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

COURTS - Appeals - Grounds - Omnibus ground - Implication of - The ground implies that judgment of trial court - Cannot be sup

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

ported by weight of evidence (H7) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

COURTS - Appeals - Grounds of Appeal - Basis - Grounds of Appeal should be based only on live issues in the appeal - As they are complaint of appellant on judgment of lower court (H1) Iwuoha v. Nigerian Postal Services Ltd. (2003) 4 KLR (pt. 159) 1131; (2003) 8 NWLR (PT. 822) 308

COURTS - Appeals - Hearing - Jurisdiction - Once the record of appeal has been received by Court of Appeal - The High Court from which the appeal emanated - Will cease to have jurisdiction over same (H4) Amoo v. Alabi (2003) 7 KLR (pt. 165) 2095; (2003) 12 NWLR (PT. 835) 537

COURTS - Appeals - Hearing - Manner of - Appellate court is not bound to consider appeal before it as a trial court - But determines whether trial court considered dispute between parties (H1) Usman v. Garke (2003) 7 KLR (pt. 165) 2287; (2003) 14 NWLR (PT. 840) 261

COURTS - Appeals - Hearing - Miscarriage of justice - Proof - Appellant must show that he suffered miscarriage of justice - As a result of the approach adopted by court - In consideration of his case (H2) Usman v. Garke (2003) 7 KLR (pt. 165) 2287; (2003) 14 NWLR (PT. 840) 261

COURTS - Appeals - Hearing - Missing records - Procedure to adopt - Where a material part of the record cannot be found - Court should order a retrial (H3) Okochi v. Animkwoi (2003) 2 KLR (pt. 154) 633; (2003) 18 NWLR (PT. 851) 1

COURTS - Appeals - Injunctions - Grant - Past event - Where the event sought to be prevented has actually taken place - Court will not grant injunction - As doing so will amount to mere academic exercise (H4) Buhari v. Obasanjo (No. 2) (2003) 11 KLR (pt. 167) 2495; (2003) 17 NWLR (PT. 850) 510

COURTS - Appeals - Issue - Meaning - An issue must be a proposi

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

tion of law or fact - That a decision on it in favour of a party to the appeal - Will entitle him to the judgment of court (H2) Iwuoha v. Nigerian Postal Services Ltd. (2003) 4 KLR (pt. 159) 1131; (2003) 8 NWLR (PT. 822) 308

COURTS - Appeals - Issues - Erroneous findings - Where trial court approaches evidence of parties wrongly - Appellate court will have no alternative but to allow the appeal (H6) Morenikeji v. Adegbosin (2003) 4 KLR (pt. 159) 1179; (2003) 8 NWLR (PT. 823) 612

COURTS - Appeals - Issues - Suo motu raising - Correctness of - Court can raise issue relating to matter before it - But parties must be given opportunity to address court on the issue - Before decision is reached (H1) Jatau v. Ahmed (2003) 1 KLR (pt. 153) 447; (2003) 4 NWLR (PT. 811) 498

COURTS - Appeals - Judgment - Binding nature of - Court of Appeal cannot set aside its exercise of discretion to grant application - Unless such discretion is proved to be a nullity (H4) Jatau v. Ahmed (2003) 1 KLR (pt. 153) 447; (2003) 4 NWLR (PT. 811) 498

COURTS - Appeals - Judgments - Binding nature of - If judgment is not appealed - It remains binding (H1) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

COURTS - Appeals - Judgments - Determination - Basis - Supreme Court determines whether Court of Appeal's judgment was correct - And not whether its reasons were insufficient or wrong (H5) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

COURTS - Appeals - Judgments - Issues - Binding nature of - In determination of disputes between parties - Decision must be confined to issues properly raised by them (H1) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

COURTS - Appeals - Jurisdiction - Absence of - Effect - Since the Federal High Court lacked jurisdiction ab initio - Its decision and that of the Court of Appeal thereon - Are a nullity (H6) Ayman Enter

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

prises Ltd v. Akuma Industries Ltd (2003) 6 KLR (pt. 164) 1881; (2003) 13 NWLR (PT. 836) 22

COURTS - Appeals - Pleadings - Averments - Need to read - Court must read all paragraphs of pleadings together - To get a flowing story of the parties (H4) Okochi v. Animkwoi (2003) 2 KLR (pt. 154) 633; (2003) 18 NWLR (PT. 851) 1

COURTS - Appeals - Procedure - Applicable rules - High Court rules made pursuant to State law - Will not regulate practice and procedure - To be applied in appeal from High Court to Court of Appeal (H3) Ewete v. Gyang (2003) 2-3 KLR (pt. 156) 869; (2003) 6 NWLR (PT. 816) 345

COURTS - Appeals - Record of proceedings - Non production of - Will not affect the substance of the appeal - As appellant was not hiding anything - Which was not to his advantage (H6) Ohwovoriole v. FRN (2003) 1 KLR (pt. 153) 515; (2003) 2 NWLR (PT. 803) 176

COURTS - Appeals - Records of appeal - Binding nature of - Appellate court is bound by the record - As it has no jurisdiction to go outside same - To draw conclusions (H5) Ogolo v. Fubara (2003) 5 KLR (pt. 162) 1561; (2003) 11 NWLR (PT. 831) 231

COURTS - Appeals - Retrial - Pleadings - Failure to consider - Where trial court failed to determine vital issue raised in pleadings - The CA is to make an order for retrial by another Judge (H4) Sanni v. Ademiluyi (2003) 1 KLR (pt. 151) 199; (2003) 3 NWLR (PT. 807) 331

COURTS - Appeals - Retrial Order - Basis - Retrial is ordered where trial court failed to consider material pieces of evidence - Which Court of Appeal is not in a position to evaluate (H8) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

COURTS - Appeals - Retrial order - Is made where there is an error in law - Which neither renders trial a nullity - Nor makes it impossible for appellate court to say - There has been no miscarriage of justice (H7) Morenikeji v. Adegbosin (2003) 4 KLR (pt. 159) 1179; (2003)

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

8 NWLR (PT. 823) 612

COURTS - Appeals - Retrial order - Justification - Retrial is ordered inter alia where there has been error in substantive law - Or where trial court made no finding on conflicting material evidence - Adduced by parties in an issue (H3) Udengwu v. Uzuegbu (2003) 7 KLR (pt. 165) 2273; (2003) 13 NWLR (PT. 836) 136

COURTS - Appeals - Retrial order - Principle - Where appellate court decides to order retrial - It should desist from making statements - That may tend to prejudice the new trial (H5) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

COURTS - Appeals - Right of appeal - Customary Court of Appeal - By 1979 Constitution s. 224 - Appeal does not lie from that court to Court of Appeal - On ground which does not raise a question of customary law (H1) Hirnor v. Yongo (2003) 4 KLR (pt. 157) 929; (2003) 9 NWLR (PT. 824) 77

COURTS - Appeals - Right of appeal - Interested party - By s. 233(5) 1999 Constitution - Such party may appeal with leave - And must disclose that he has a legally recognizable interest in the decision (H2) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

COURTS - Appeals - Use of oral evidence - Correctness of - By s. 16 of Court of Appeal Act - The court rightly relied on oral evidence of respondent - While it rejected reliance of trial court on documents (H8) Cappa & D'Alberto Ltd v. Akintilo (2003) 4 KLR (pt. 157) 895; (2003) 9 NWLR (PT. 824) 49

COURTS - Appeals - Wrong attribution of issue - The error of attributing respondent's issue to appellant - Does not amount to violation of appellant's right to fair hearing (H1) Ejeka v. State (2003) 4 KLR (pt. 157) 915; (2003) 7 NWLR (PT. 819) 408

COURTS - Arbitration - Agreement - Binding effect - Where parties have chosen to refer any of their disputes to arbitration instead of regular courts - Courts must act upon such agreement (H3) M.V.

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

Lupex v. Nig. Overseas Chartering & Shipping Ltd. (2003) 6 KLR (pt. 164) 1967; (2003) 15 NWLR (PT. 844) 469

COURTS - Arbitration - Stay of proceedings - Grant - Grounds - Where parties agree that all dispute shall be referred to arbitration - It is a strong ground for granting stay (H2) M.V. Lupex v. Nig. Overseas Chartering & Shipping Ltd. (2003) 6 KLR (pt. 164) 1967; (2003) 15 NWLR (PT. 844) 469

COURTS - Arbitration - Submission to - Implication - By submitting to arbitration - Respondent had compromised its right to resort to litigation in court (H1) M.V. Lupex v. Nig. Overseas Chartering & Shipping Ltd. (2003) 6 KLR (pt. 164) 1967; (2003) 15 NWLR (PT. 844) 469

COURTS - Chieftaincy - Findings of fact - Correctness of - Trial court rightly found that plaintiffs do not belong to Arojojoye house - Hence Court of Appeal should have upheld same (H3) A-G Ekiti State v. Daramola (2003) 5 KLR (pt. 161) 1373; (2003) 10 NWLR (PT. 827) 104

COURTS - Chieftaincy - Right of appeal - Limit - Imo State Traditional Rulers Law s.25 - The right is restricted to interested party - And does not imply a restriction of jurisdiction of court - For judicial review (H3) Okeahialam v. Nwamara (2003) 7 KLR (pt. 165) 2207; (2003) 12 NWLR (PT. 835) 597

COURTS - Chieftaincy - Statutes - Jurisdiction - Ouster clause - Imo State Traditional Rulers Law s.25 did not oust jurisdiction of court - And is not in conflict with 1999 Constitution ss.6(6)(b) & 272 (H2) Okeahialam v. Nwamara (2003) 7 KLR (pt. 165) 2207; (2003) 12 NWLR (PT. 835) 597

COURTS - Chieftaincy matters - Chieftaincy declaration - Amendment - Powers - Amendment of the declaration is not within jurisdiction of court (H6) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

COURTS - Chieftaincy matters - Custom - Evidence - Eldest quarter

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

- Findings - Where appellants did not challenge the special privileges given to Ebese - Court of Appeal rightly accepted the inference of trial court (H2) Umoru v. Zibiri (2003) 6 KLR (pt. 164) 2045; (2003) 11 NWLR (PT. 832) 647

COURTS - Chieftaincy matters - Jurisdiction - Ouster clause - There is nothing in the Edict of 1978 that ousts the jurisdiction - To determine issues in the statement of claim (H1) Briggs v. Bob-Manuel (2003) 1 KLR (pt. 151) 117; (2003) 5 NWLR (PT. 813) 323

COURTS - Company law - Actions - Jurisdiction - Federal High Court has no exclusive jurisdiction - In actions arising from contract of employment - As same does not pertain to operation of companies (H2) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

COURTS - Constitution - Interpretation - Purposive approach - Justification - Court is entitled to use materials as it considers helpful - In relation to meaning it gives to ambiguous provision (H3) A-G Lagos State v. A-G Federation (2003) 6 KLR (pt. 163) 1637; (2003) 12 NWLR (PT. 833) 1

COURTS - Constitution of - Correctness of - By ss.63(1) & 116(1)(0) High Court Laws Northern Nig - Plateau State High Court was properly constituted by single judge - Over interlocutory applications in respect of appeals before it (H2) Ewete v. Gyang (2003) 2-3 KLR (pt. 156) 869; (2003) 6 NWLR (PT. 816) 345

COURTS - Contracts - Mortgage deeds - Binding nature of - Since the parties have agreed to be bound by terms in Exhibits 4 D1 & 5 - Court cannot make a different contract for them (H5) Owoniboys Tech. Serv. Ltd. v. Union Bank of Nig. Ltd. (2003) 7 KLR (pt. 165) 2221; (2003) 15 NWLR (PT. 844) 545

COURTS - Criminal procedure - Arraignment - Principles - Accused must be placed before court unfettered - And charge is read and explained to him - With his plea taken thereto (H1) Okeke v. State (2003) 2 KLR (pt. 154) 571; (2003) 15 NWLR (PT. 842) 25

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

COURTS - Criminal procedure - Trial - Duration - The length of the trial is immaterial - As all evidence given could be recollected by trial Judge - By rereading the record of proceedings (H3) Okeke v. State (2003) 2 KLR (pt. 154) 571; (2003) 15 NWLR (PT. 842) 25

COURTS - Cross appeal - Non-consideration - Where the result of main appeal - Has effectively nullified the judgment of trial court - Cross appeal becomes of no moment (H3) Nuhu v. Ogele (2003) 12 KLR (pt. 169) 2877; (2003) 18 NWLR (PT. 852) 251

COURTS - Damages - Award - Correctness of - Court of Appeal made sound calculation by awarding N12,155,179 to defendant - As 6^th plaintiff did not deny contents of exhibit 3 - And DW1 was not cross examined on same (H6) Joe Golday Ltd. v. Co-operative Development Bank Plc (2003) 2 KLR (pt. 154) 543; (2003) 5 NWLR (PT. 814) 586

COURTS - Damages - Award - Loss of vehicle usage - Where vehicle is damaged beyond usage - Court is entitled to award damages for the period it is out of use (H4) Cappa & D'Alberto Ltd v. Akintilo (2003) 4 KLR (pt. 157) 895; (2003) 9 NWLR (PT. 824) 49

COURTS - Discretion - Charge - Application to prefer - Trial Judge has discretion to grant or refuse leave to prefer charge - But such must be exercised judicially and judiciously (H2) Ohwovoriole v. FRN (2003) 1 KLR (pt. 153) 515; (2003) 2 NWLR (PT. 803) 176

COURTS - Discretion - Charge - Trial court wrongly exercised its discretion in granting leave to prefer the charge - As it considered matters which were not before it - And CA wrongly upheld the decision (H4) Ohwovoriole v. FRN (2003) 1 KLR (pt. 153) 515; (2003) 2 NWLR (PT. 803) 176

COURTS - Documents - Authentication - Proof - Where document proved to be 20 years old is produced from proper custody - Court may presume that the signature and every part of it were duly executed (H10) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

COURTS - Election petitions - Gubernatorial elections - Final court - By s.246(3) 1999 constitution - Decision of Court of Appeal is final - In respect of appeals arising from such petitions (H1) Awuse v. Odili (2003) 11 KLR (pt. 167) 2427; (2003) 18 NWLR (PT. 851) 116

COURTS - Election petitions - Jurisdiction - Supreme Court has no jurisdiction - Since Court of Appeal is the final apex court in such appeals (H2) Awuse v. Odili (2003) 11 KLR (pt. 167) 2427; (2003) 18 NWLR (PT. 851) 116

COURTS - Elections - Nomination - Power of political party - Onuoha v. Okafor - Political party determines who should be its candidate at election - And such issue is not justiciable in court (H1) Dalhatu v. Turaki (2003) 7 KLR (pt. 165) 2151; (2003) 15 NWLR (PT. 843) 310

COURTS - Estoppel - Application - Decision arrived at by court without jurisdiction - Can neither constitute res judicata nor issue estoppel (H8) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

COURTS - Evidence - Admission - Weight - Value of admission depends on circumstances in which it was made - And court is to give due weight to the admission and circumstances (H2) Cappa & D'Alberto Ltd v. Akintilo (2003) 4 KLR (pt. 157) 895; (2003) 9 NWLR (PT. 824) 49

COURTS - Evidence - Affidavits - Contradictions - Resolution - Momah v. Vab Petroleum Inc - Where a party's case is plagued by contradictions - Onus is on him to explain the contradictions to the satisfaction of court (H5) Arjay Ltd. v. Airline Mgt. Support Ltd. (2003) 2-3 KLR (pt. 156) 799; (2003) 7 NWLR (PT. 820) 577

COURTS - Evidence - Appeals - Opinion of appellate courts - Where findings are as a result of inferences drawn from facts - Appellate court can more readily form its own opinion - Unlike where it is based on evaluation and credibility of witnesses (H2) A-G Ekiti State v. Daramola (2003) 5 KLR (pt. 161) 1373; (2003) 10 NWLR (PT. 827) 104

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

COURTS - Evidence - Contradiction - Effect - It is not every contradiction that results in upsetting trial court's judgment - As contradiction must be material - To warrant interference with judgment (H2) Ejeka v. State (2003) 4 KLR (pt. 157) 915; (2003) 7 NWLR (PT. 819) 408

COURTS - Evidence - Credibility - Basis - Belief or disbelief of evidence of parties - Does not depend on number of witnesses - But on the probative value of evidence - As evaluated by trial court (H6) Okochi v. Animkwoi (2003) 2 KLR (pt. 154) 633; (2003) 18 NWLR (PT. 851) 1

COURTS - Evidence - Evaluation - Ascription of probative value to evidence - Is the primary function of trial court - That saw heard and assessed witnesses (H2) Ejilemele v. Opara (2003) 5 KLR (pt. 160) 1245; (2003) 9 NWLR (PT. 826) 536

COURTS - Evidence - Evaluation - Interference - Justification - Where trial court wrongly evaluated evidence - Appellate court can intervene - Moreso where credibility of witnesses is not involved (H3) Ogbogu v. Ugwuegbu (2003) 4 KLR (pt. 159) 1219; (2003) 10 NWLR (PT. 827) 189

COURTS - Evidence - Evaluation - Where trial court evaluates evidence and makes findings supported by evidence - It is not the business of appellate court - To substitute its own views for those of trial court (H2) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

COURTS - Evidence - Pleadings - Facts not pleaded - Fate of - Evidence given on matters not pleaded - Goes to no issue and ought to be disregarded by court (H3) Okonkwo v. Cooperative & Commerce Bank Plc (2003) 2 KLR (pt. 155) 719; (2003) 8 NWLR (PT. 822) 347

COURTS - Evidence- Findings of fact - Interference - Appellate court does not substitute its view for those of trial court - With respect to facts founded and supported by evidence (H1) A-G Ekiti State v.

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

Daramola (2003) 5 KLR (pt. 161) 1373; (2003) 10 NWLR (PT. 827) 104

COURTS - Fair hearing - Applications - Court must make a decision and pronounce on every application before it - And failure to do so - Is breach of Fair Hearing (H1) Afro-Continental Nig. Ltd. v. Co-Operative Association (2003) 1 KLR (pt. 151) 69; (2003) 5 NWLR (PT. 813) 303

COURTS - Fair hearing - Breach - Effect - Failure of trial judge to determine appellants' motion challenging jurisdiction of the court - Is fundamental breach which renders his ruling a nullity (H3) Afro-Continental Nig. Ltd. v. Co-Operative Association (2003) 1 KLR (pt. 151) 69; (2003) 5 NWLR (PT. 813) 303

COURTS - Fair hearing - Parties - Court must give parties opportunity of being heard - And its jurisdiction must be restricted to the parties and issues before it (H6) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

COURTS - Findings - Dead witness - Testimony of - In previous proceeding - Unless there is compliance with s. 34(1) Evidence Act - Such evidence is inadmissible in subsequent proceeding - But there is enough evidence - To justify trial court's finding (H2) Owoyemi v. Adekoya (2003) 12 KLR (pt. 169) 2899; (2003) 18 NWLR (PT. 852) 307

COURTS - Fundamental rights - Enforcement - Procedure - Manner in which such matter is brought to court is hardly objectionable - Once it is clear that originating process seeks redress - For infringement of right (H4) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

COURTS - Hearing - Objection to - Likelihood of bias - If a party raises such objection on the part of the judge - It is safer in the interest of justice - For the judge to refuse taking the matter (H2) Okoebor v. Police Council (2003) 5 KLR (pt. 161) 1467; (2003) 12 NWLR (PT. 834) 444

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

COURTS - Issues - Suo motu raising of - Court should confine itself to issues raised by parties - But where it raises issue suo motu - Parties must be given opportunity - To address court on the point (H1) State v. Oladimeji (2003) 7 KLR (pt. 165) 2257; (2003) 14 NWLR (PT. 839) 57

COURTS - Judgment - Interference - Appellate court does not ordinarily interfere - Save where the judgment was reached erroneously (H3) First African Trust Bank Ltd v. Partnership Inv. Co. Ltd (2003) 12 KLR (pt. 168) 2665; (2003) 18 NWLR (PT. 851) 35

COURTS - Judgments - Basis of - Judgment must demonstrate that court considered issues - Properly raised by parties in their pleadings - As supported by evidence (H1) Udengwu v. Uzuegbu (2003) 7 KLR (pt. 165) 2273; (2003) 13 NWLR (PT. 836) 136

COURTS - Judgments - Foreign judgments - Registration - Competence - Since the registration was made by the High Court after twelve months - It was incompetent (H2) Macaulay v. Raiffeisen Zentral Bank of Austria (2003) 12 KLR (pt. 168) 2701; (2003) 18 NWLR (PT. 852) 282

COURTS - Judgments - Nullity - Effect - Since judgment of 14/02/94 is a nullity - The order of trial court on 09/10/95 - For attachment and sale of defendant's property - In satisfaction of the judgment - Is equally null and void (H4) Societe Generale Bank Ltd. v. Adewunmi (2003) 4 KLR (pt. 157) 949; (2003) 10 NWLR (PT. 829) 526

COURTS - Judicial precedents - Binding nature - Decided case by Supreme Court represents the state of law - And will receive the adoration of lower courts - Until it is overruled (H7) Okpala v. Okpu (2003) 1 KLR (pt. 151) 171; (2003) 5 NWLR (PT. 812) 183

COURTS - Judicial precedents - Case law - Citation by court - Correctness of - Court is entitled to invoke rules in case law - Without the prompting of parties (H5) Okochi v. Animkwoi (2003) 2 KLR (pt. 154) 633; (2003) 18 NWLR (PT. 851) 1

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

COURTS - Judicial precedents - Foreign authorities - Binding nature - Foreign decisions are of persuasive nature - And may be invoked by Nigerian courts where applicable (H5) Araka v. Egbue (2003) 7 KLR (pt. 165) 2111; (2003) 17 NWLR (PT. 848) 1

COURTS - Judicial precedents - Overruling - Supreme Court decision in Oyeniran v. Egbetola - That High Court lacks jurisdiction over land in non-urban area - Was overruled in Adisa v. Oyinwola (H2) Akanbi v. Salawu (2003) 6 KLR (pt. 164) 1865; (2003) 13 NWLR (PT. 838) 637

COURTS - Jurisdiction - Absence of - Effect - Where court lacks jurisdiction to entertain a matter - The proceedings therein are nullity - No matter how well conducted (H1) Lakanmi v. Adene (2003) 4 KLR (pt. 159) 1161; (2003) 10 NWLR (PT. 828) 353

COURTS - Jurisdiction - Absence of - Proper order - Where court is satisfied that it has no jurisdiction in a matter - The matter should be struck out (H2) Lakanmi v. Adene (2003) 4 KLR (pt. 159) 1161; (2003) 10 NWLR (PT. 828) 353

COURTS - Jurisdiction - Admiralty - Federal High Court - Applicability - Though the claim came under the jurisdiction - Affidavit in support of plaintiff's motion did not disclose - Appellant's last known address (H4) Eimskip Ltd. v. Exquisite Ind. Nig. Ltd. (2003) 1 KLR (pt. 151) 133; (2003) 4 NWLR (PT. 809) 88

COURTS - Jurisdiction - Basis - It is wrong for court to assume jurisdiction on the basis of an agreement - Which is extraneous to the relief sought before it (H4) Arjay Ltd. v. Airline Mgt. Support Ltd. (2003) 2-3 KLR (pt. 156) 799; (2003) 7 NWLR (PT. 820) 577

COURTS - Jurisdiction - Determination - Basis - Though it is plaintiff's claim that determines jurisdiction - But in area court it is the reaction of defendant to testimony of plaintiff - That helps the court to so determine (H2) Erhunmwunse v. Ehanire (2003) 5 KLR (pt. 161) 1439; (2003) 13 NWLR (PT. 837) 353

COURTS - Jurisdiction - Determination - It is the time when the cause

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

of action arises - That decides whether the High Court has jurisdiction (H2) Mosojo v. Oyetayo (2003) 5 KLR (pt. 162) 1551; (2003) 13 NWLR (PT. 837) 340

COURTS - Jurisdiction - Edict - Status - Determination - Court can pronounce any edict which conflicts with a decree - As void to the extent of its inconsistency (H3) Nangibo v. Okafor (2003) 6 KLR (pt. 164) 1983; (2003) 14 NWLR (PT. 839) 78

COURTS - Jurisdiction - Federal High Court - 1999 Constitution s.251(1) - Jurisdiction conferred on the court covers matters concerning inter alia banking - Foreign exchange - And criminal causes arising therefrom (H5) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

COURTS - Jurisdiction - Federal High Court - Basis - If the cause of action comes within the enforcement of fundamental rights in chapter IV of the Constitution - Then the court is conferred with jurisdiction (H2) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

COURTS - Jurisdiction - Federal High Court - Passing off - Basis - For the court to entertain passing-off claims - Arising from infringement of trade mark - The trade mark infringed must have been registered (H3) Ayman Enterprises Ltd v. Akuma Industries Ltd (2003) 6 KLR (pt. 164) 1881; (2003) 13 NWLR (PT. 836) 22

COURTS - Jurisdiction - Federal High Court - Passing off - In respect of the general jurisdiction in passing off - Jurisdiction of the court is as set out in s.230 (1) (f) of 1979 constitution - In respect of actions arising from federal enactments (H2) Ayman Enterprises Ltd v. Akuma Industries Ltd (2003) 6 KLR (pt. 164) 1881; (2003) 13 NWLR (PT. 836) 22

COURTS - Jurisdiction - Federal High Court - Passing off - Patkun's case - Effect - The effect is that the court will only have jurisdiction - Where the action arises from infringement of registered trade mark - In relation to a Federal Enactment (H5) Ayman Enterprises Ltd v. Akuma Industries Ltd (2003) 6 KLR (pt. 164) 1881; (2003) 13 NWLR

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

(PT. 836) 22

COURTS - Jurisdiction - Fundamental nature of - Issue of jurisdiction must be looked into first when raised - Because any proceedings of court in absence of jurisdiction - Is futile (H1) Ayman Enterprises Ltd v. Akuma Industries Ltd (2003) 6 KLR (pt. 164) 1881; (2003) 13 NWLR (PT. 836) 22

COURTS - Jurisdiction - Issue - Fundamentality of - Once the competence of a procedural step is challenged - Court is duty bound first to consider same - And rule on it (H1) Amoo v. Alabi (2003) 7 KLR (pt. 165) 2095; (2003) 12 NWLR (PT. 835) 537

COURTS - Jurisdiction - Objection to - When objection to jurisdiction is raised - The same ought to be resolved first (H2) Afro-Continental Nig. Ltd. v. Co-Operative Association (2003) 1 KLR (pt. 151) 69; (2003) 5 NWLR (PT. 813) 303

COURTS - Jurisdiction - Ouster clause - Construction - Any enactment which takes away right of access to court - Ought to be constructed very narrowly - Against anyone claiming it's benefit (H1) Emuze v. V-C University of Benin (2003) 5 KLR (pt. 161) 1423; (2003) 10 NWLR (PT. 828) 378

COURTS - Jurisdiction - Ouster clause - Scope - S.6(6)(d) of 1979 Constitution did not prohibit any court from questioning the validity of any law - It only prohibits questioning the competence of the lawmaker (H1) Nangibo v. Okafor (2003) 6 KLR (pt. 164) 1983; (2003) 14 NWLR (PT. 839) 78

COURTS - Jurisdiction - Private law - Right - Grant - Court's grant of declaration of right is predicated on existence of legal right - And such right attaches to property and to the person subject to contract (H4) Shell Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

COURTS - Jurisdiction - Scope - 1999 Constitution s. 6(6)(b) - A person who claims civil right is entitled to invoke jurisdiction of court - And court is to decide whether such right exists or not (H3) Shell

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

Petroleum Development Co. Ltd. v. Nwaka (2003) 1 KLR (pt. 151) 221; (2003) 6 NWLR (PT. 815) 184

COURTS - Land law - Actions - Hearing - Proper court - Since title is in respect of statutory right of occupancy granted by Governor - High Court has original jurisdiction - In respect of proceedings concerning such land (H3) Erhunmwunse v. Ehanire (2003) 5 KLR (pt. 161) 1439; (2003) 13 NWLR (PT. 837) 353

COURTS - Land law - Appeal - Retrial - As respondent did not challenge the claim of appellants at trial court - The order made by CA for retrial was improper (H2) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

COURTS - Land law - Appeal - Traditional history - Concurrent findings - The trial Judge rightly tested evidence of history pleaded by parties - By considering recent acts of possession - And CA also rightly affirmed the findings made (H5) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

COURTS - Land law - Appeals - Judgment - Basis - The judgment was not based on tampering with beacons - Rather it was based on the failure to prove the identity of land (H6) Auta v. Ibe (2003) 7 KLR (pt. 165) 2131; (2003) 13 NWLR (PT. 837) 247

COURTS - Land law - Deed of assignment - Cancellation of - Governor cannot cancel deed of assignment - As it is only parties thereto - That can go to court for such cancellation (H4) Nangibo v. Okafor (2003) 6 KLR (pt. 164) 1983; (2003) 14 NWLR (PT. 839) 78

COURTS - Land law - High Court - Jurisdiction - Adisa v. Oyinwola - By the case law authority - HC can deal with urban or rural land - And power of Governor to grant statutory right of occupancy - Is not restricted to the area land is situate (H1) Sanni v. Ademiluyi (2003) 1 KLR (pt. 151) 199; (2003) 3 NWLR (PT. 807) 331

COURTS - Land law - Identity of land - Proof - Plaintiff must prove with certainty - The defined area of land to which his claim is attached - Otherwise such claim must fail (H1) Auta v. Ibe (2003) 7

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

KLR (pt. 165) 2131; (2003) 13 NWLR (PT. 837) 247

COURTS - Land law - Title - Grant - Power of court to grant title to land is discretionary - And should be exercised with responsibility - As judicial pronouncements ought not to be made - Unless there are basis for making it (H3) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

COURTS - Land law - Title - Traditional history - Sustainability of - Evidence of such history can sustain claim for title - Where the history is not contradicted - And is found by court to be cogent (H4) Morenikeji v. Adegbosin (2003) 4 KLR (pt. 159) 1179; (2003) 8 NWLR (PT. 823) 612

COURTS - Land law - Title - Traditional history - Weight - Where found to be cogent and accepted by trial court - It can support a declaration for title to land (H4) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

COURTS - Master & servant - Termination - Determination - Court is not entitled to look outside the contract of service - As it is the best and only way of deciding - Rights of the parties under the contract (H7) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

COURTS - Master & servant - Termination - Validity - Since appellant absented from duty without leave - His appointment was validly terminated - And lower courts rightly upheld same (H2) Udegbunam v. Federal Capital Dev. Authority (2003) 5 KLR (pt. 160) 1359; (2003) 10 NWLR (PT. 829) 487

COURTS - Motions - Determination - Court is to decide on merit of any application brought before it by party - Notwithstanding the perceived strength or weakness of such application (H6) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

COURTS - Motions - Fair hearing - Except in exercise of punitive jurisdiction - Against contemnor of court order - A refusal by court to

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

hear motion is breach of right to fair hearing (H7) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

COURTS - Orders of court - Retrial order - Basis - Before retrial is made - Appellate court must be satisfied that the other party - Is not being wronged in such a manner - As to occasion miscarriage of justice (H4) Ogolo v. Ogolo (2003) 12 KLR (pt. 168) 2787; (2003) 18 NWLR (PT. 852) 494

COURTS - Ouster clauses - Intendment - Decree 18 of 1994 s.1(5) - It is meant to deny High Court of its supervisory jurisdiction - With regard to Failed Banks Tribunal proceedings (H3) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

COURTS - Parties - Actions - Pleadings - Need for consistency - Party must be consistent in his pleadings and evidence in support - And also on appeal (H4) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

COURTS - Parties - Issues - Binding nature of - Court is to decide between parties on the basis of case put before it - And should confine itself to adjudicating on such issue (H2) Sanni v. Ademiluyi (2003) 1 KLR (pt. 151) 199; (2003) 3 NWLR (PT. 807) 331

COURTS - Parties - Reliefs - Grant - Court must not grant a party what it has not asked for in clear terms and sufficiently proved - As court cannot make an order which is uncertain (H4) Joe Golday Ltd. v. Co-operative Development Bank Plc (2003) 2 KLR (pt. 154) 543; (2003) 5 NWLR (PT. 814) 586

COURTS - Perverse finding - Meaning - A finding is perverse where it is merely speculative - And not based on any evidence before the court (H6) Iwuoha v. Nigerian Postal Services Ltd. (2003) 4 KLR (pt. 159) 1131; (2003) 8 NWLR (PT. 822) 308

COURTS - Pleadings - Amendment - Basic principles - An amendment for purposes of determining the real questions in issue - Ought

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

to be allowed by court - Unless it will entail injustice (H9) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

COURTS - Pleadings - Binding nature of - Parties are bound by their pleadings - And evidence not pleaded cannot be allowed at trial - And if wrongly admitted - Appellate court must strike it out (H1) First African Trust Bank Ltd v. Partnership Inv. Co. Ltd (2003) 12 KLR (pt. 168) 2665; (2003) 18 NWLR (PT. 851) 35

COURTS - Practice & procedure - Conflicting motions - Where motion seeks to terminate proceedings - And another seeks to regularize same - Priority should be given to the latter (H8) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

COURTS - Practice & procedure - No case submission - Where defendant is not put to his election to call evidence - And submission of no case fails - The right to call evidence is not lost (H5) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

COURTS - Proceedings - Sitting in camera - Constitutionality - Under the 1979 constitution - Except where there was express permission to do so - Such sitting was unconstitutional (H6) Nuhu v. Ogele (2003) 12 KLR (pt. 169) 2877; (2003) 18 NWLR (PT. 852) 251

COURTS - Processes - Abuse - Appeals - Judgment - Since applicant has appealed against judgment of Court of Appeal - As well as applied for a stay of execution - Present application is an abuse of process (H1) African Reinsurance Corp. v. JDP Construction Ltd. (2003) 2 KLR (pt. 155) 675; (2003) 13 NWLR (PT. 838) 609

COURTS - Processes - Affidavit of service - Purpose - It is to convince court that the person on whom processes are to be served - Has been duly served (H3) Societe Generale Bank Ltd. v. Adewunmi (2003) 4 KLR (pt. 157) 949; (2003) 10 NWLR (PT. 829) 526

COURTS - Processes - Prerogative writs - Certiorari - Purpose - It is

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

a writ available to High Court - In exercise of its supervisory control - To ensure that inferior courts do not exceed jurisdiction - Or commit irregularities (H1) Nwaoboshi v. Military Administrator Delta State (2003) 5 KLR (pt. 160) 1343; (2003) 11 NWLR (PT. 831) 305

COURTS - Processes - Service - Fundamentality of - Where service of process is required - Failure to do so goes to the root of the case - As it deprives the court the jurisdiction to hear the suit (H1) Societe Generale Bank Ltd. v. Adewunmi (2003) 4 KLR (pt. 157) 949; (2003) 10 NWLR (PT. 829) 526

COURTS - Processes - Substituted service - Application for - Determination - United Nig. Press Ltd. v. Adebanjo - Court must be satisfied that the mode of service - Would give notice to the person to be served (H3) Eimskip Ltd. v. Exquisite Ind. Nig. Ltd. (2003) 1 KLR (pt. 151) 133; (2003) 4 NWLR (PT. 809) 88

COURTS - Property law - Party - Reliefs - Grant of - Where a party makes averment not related to relief sought - Court will not grant relief that would have followed the averment - Without amendment of the claim (H3) Salubi v. Nwariaku (2003) 2 KLR (pt. 154) 657; (2003) 7 NWLR (PT. 819) 426

COURTS - Records of proceedings - Presumption of genuineness - The presumption is not absolute - As it can be rebutted by facts which show - That it does not represent the true state of affairs (H4) Nuhu v. Ogele (2003) 12 KLR (pt. 169) 2877; (2003) 18 NWLR (PT. 852) 251

COURTS - References - Making of - Conditions - 1999 Constitution s. s.295(2) - Court is not bound to make reference when it raises question suo motu - But must make reference where party requests for same (H9) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

COURTS - Reliefs - Grant of - Basis - Court has no power to award to plaintiff more than what he claimed - Since court does not grant reliefs which have not been claimed (H6) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

COURTS - Statutes - Appointment - Termination of - Ouster clause - Public Officers (special provision) Decree - Termination of appellant's appointment did not fall within the statute - So as to oust jurisdiction of court (H3) Emuze v. V-C University of Benin (2003) 5 KLR (pt. 161) 1423; (2003) 10 NWLR (PT. 828) 378

COURTS - Statutes - High Court Law Northern Nigeria - Distinction in ss. 62 & 63 - While s. 62 confers appellate jurisdiction on High Court - S. 63(1) deals with composition of the court when hearing such appeals (H1) Ewete v. Gyang (2003) 2-3 KLR (pt. 156) 869; (2003) 6 NWLR (PT. 816) 345

COURTS - Statutes - Interpretation - Literal rule - Where the words used are clear and unambiguous - Court must give same their simple meaning (H4) Araka v. Egbue (2003) 7 KLR (pt. 165) 2111; (2003) 17 NWLR (PT. 848) 1

COURTS - Statutes - Interpretation - Principles - Where a court is exposed to a general and a specific provision - The court will fall upon the specific provision - In the event of apparent conflict (H2) Araka v. Egbue (2003) 7 KLR (pt. 165) 2111; (2003) 17 NWLR (PT. 848) 1

COURTS - Statutes - Subsidiary legislation - Judicial notice of - Vide s.74 Evidence Act - Court has taken judicial notice of Federal Highways Declaration Order 1982 - As having the force of law (H2) Amusa v. State (2003) 1 KLR (pt. 152) 247; (2003) 4 NWLR (PT. 811) 595

COURTS - Supreme Court - Appeals - Notice of Appeal - By ordering that notice be filed in Court of Appeal - Supreme Court has clothed that court with jurisdiction - To look into competency of the notice (H5) Amoo v. Alabi (2003) 7 KLR (pt. 165) 2095; (2003) 12 NWLR (PT. 835) 537

COURTS - Supreme Court - Judgments of - Binding nature of - All courts and authorities in Nigeria are bound by them - And a refusal by judge of lower court to be so bound - Is gross insubordination (H2) Dalhatu v. Turaki (2003) 7 KLR (pt. 165) 2151; (2003) 15

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

NWLR (PT. 843) 310

COURTS - Torts - Personal injury - Damages - Quantum - Damages to be awarded must be based on sound judgment of the court - Taking into account the circumstances of the case (H7) C&C Construction Co. Ltd v. Okhai (2003) 12 KLR (pt. 168) 2639; (2003) 18 NWLR (PT. 851) 79

COURTS - Undefended suits - Summary trial - Purpose - It obviates unnecessary wastage of time - In trying a straightforward matter of debt - And plaintiff may move court for judgment - Where notice of intension to defend has disclosed no defence (H2) Planwell Watershed Ltd. v. Ogala (2003) 12 KLR (pt. 168) 2815; (2003) 18 NWLR (PT. 852) 478

COURTS - Written agreement - Binding nature - Duty of court - Court must confine itself to the plain words and meaning - Which are derivable from the right and obligation - Of parties thereunder (H2) Abalogu v. Shell Petroleum Development Co. Nig. Ltd. (2003) 6 KLR (pt. 164) 1837; (2003) 13 NWLR (PT. 837) 308

CRIME - Jurisdiction - Federal High Court - 1999 Constitution s.251(1) - Jurisdiction conferred on the court covers matters concerning inter alia banking - Foreign exchange - And criminal causes arising therefrom (H5) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

CRIME - Statutes - Retroactive application - Decrees 25 of 1991 & 18 of 1994 - Neither is made retroactive - As both uphold that a person is not to be punished - For act which was not a crime at the time it was done (H1) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

CRIMINAL LAW - Murder - Conspiracy - Where two persons form common intention to prosecute unlawful act - Which resulted in commission of an offence - Each of the persons is deemed to have committed the offence (H2) State v. Oladimeji (2003) 7 KLR (pt. 165) 2257; (2003) 14 NWLR (PT. 839) 57

INDEX OF SUBJECT MATTER ALL SC 2003 DECISIONS

CRIMINAL PROCEDURE - Accidents - Dangerous driving - Causing death by - Is proved - For in Road traffic offences - Slightest negligence on the part of accused - Is sufficient to sustain a conviction (H1) Amusa v. State (2003) 1 KLR (pt. 152) 247; (2003) 4 NWLR (PT. 811) 595

CRIMINAL PROCEDURE - Amended charge - Prosecution - Validity of - In view of uncontradicted evidence that respondent's terminal leave ended 31st May 1990 - Prosecution validly commenced within time (H2) Nigerian Air Force v. Obiosa (2003) 1 KLR (pt. 153) 479; (2003) 4 NWLR (PT. 810) 233

CRIMINAL PROCEDURE - Arraignment - Charges - Since accused understood the charge and never complained against same - No miscarriage of justice was done (H2) Okeke v. State (2003) 2 KLR (pt. 154) 571; (2003) 15 NWLR (PT. 842) 25

CRIMINAL PROCEDURE - Arraignment - Correctness of - Respondent was properly arraigned before Court Martial - And his trial commenced within 3 months of his discharge from service (H3) State v. Olatunji (2003) 2 KLR (pt. 155) 777; (2003) 14 NWLR (PT. 839) 138

CRIMINAL PROCEDURE - Arraignment - Principles - Accused must be placed before court unfettered - And charge is read and explained to him - With his plea taken thereto (H1) Okeke v. State (2003) 2 KLR (pt. 154) 571; (2003) 15 NWLR (PT. 842) 25

CRIMINAL PROCEDURE - Charge - Evidence - From the proof of evidence - And statement of accused in the application to prefer the charge - There is no evidence linking appellant with the offence (H3) Ohwovoriole v. FRN (2003) 1 KLR (pt. 153) 515; (2003) 2 NWLR (PT. 803) 176

CRIMINAL PROCEDURE - Charges - Amendment - Principles - CPA s.164 - Where charge is altered - The new charge must be read to accused - And his plea is recorded thereto (H2) State v. Olatunji (2003) 2 KLR (pt. 155) 777; (2003) 14 NWLR (PT. 839) 138