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

 

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

 

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 - 1st & 2nd 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 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

 

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

 

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 3rd 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 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

 

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 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 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. 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) 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 selection of 1st 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

 

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 - 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 - 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 (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 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 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 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 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 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

 

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

 

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; (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 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 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 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 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 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 (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 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 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 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

 

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 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

 

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 (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 1st 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 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 1st 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 - 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 - 1st & 2nd 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

 

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) 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. 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 - Constitutional 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 (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

 

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) 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 (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

 

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) 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 - 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

 

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 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 (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. 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 (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 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 assess 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 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 supported 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 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

 

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 Enterprises 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) 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. 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 - 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

 

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 6th 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

 

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

 

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. 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

 

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

 

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 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 (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 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 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 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 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 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

 

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 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

 

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

 

CRIMINAL PROCEDURE - 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

 

CRIMINAL PROCEDURE - 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

 

CRIMINAL PROCEDURE - 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

 

CRIMINAL PROCEDURE - 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

 

CRIMINAL PROCEDURE - Crime - Proof - Number of witness - Prosecution is not bound to call a host of witnesses - As it needs to call material witness to prove its case (H3) Nigerian Air Force v. Obiosa (2003) 1 KLR (pt. 153) 479; (2003) 4 NWLR (PT. 810) 233

 

CRIMINAL PROCEDURE - Evidence - Inconsistency rule - Where witness makes extrajudicial statement inconsistent with his testimony at trial - Such testimony is to be treated as unreliable (H4) Ubani v. State (2003) 12 KLR (pt. 169) 2925; (2003) 18 NWLR (PT. 851) 224

 

CRIMINAL PROCEDURE - Forgery - Conviction - 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

 

CRIMINAL PROCEDURE - Legal representation - There is no evidence that appellant’s instruction - Was not followed by his counsel - Or that any of his counsel advised him wrongly (H4) Okeke v. State (2003) 2 KLR (pt. 154) 571; (2003) 15 NWLR (PT. 842) 25

 

CRIMINAL PROCEDURE - Murder - Conviction - 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 KLR (pt. 157) 915; (2003) 7 NWLR (PT. 819) 408

 

CRIMINAL PROCEDURE - Murder - Ingredients - Proof - Prosecution must prove that the deceased died - And that the death was caused by accused - Whose act was intentional (H1) Ubani v. State (2003) 12 KLR (pt. 169) 2925; (2003) 18 NWLR (PT. 851) 224

 

CRIMINAL PROCEDURE - Murder - Insanity - Defence of - The defence cannot avail accused - Since the intoxication was self induced - Hence he is presumed to intend the natural consequence of his act (H5) Okeke v. State (2003) 2 KLR (pt. 154) 571; (2003) 15 NWLR (PT. 842) 25

 

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

 

CRIMINAL PROCEDURE - Murder - Proof - Medical evidence - Proof of death by such evidence is not mandatory - As cause of death can be proved by other satisfactory evidence (H3) Ubani v. State (2003) 12 KLR (pt. 169) 2925; (2003) 18 NWLR (PT. 851) 224

 

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

 

CROSS EXAMINATION - 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

 

CROSS EXAMINATION - Damages - Award - Correctness of - Court of Appeal made sound calculation by awarding N12,155,179 to defendant - As 6th 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

 

CROSS EXAMINATION - Evidence - Admissibility - Where the testimony given by DW3 & 1st respondent was not challenged - In cross examination by appellants - The same shall be deemed as more credible (H3) Umoru v. Zibiri (2003) 6 KLR (pt. 164) 2045; (2003) 11 NWLR (PT. 832) 647

 

CROSS EXAMINATION - Evidence - Proof - Cross examination - Plaintiff is entitled to lead evidence through his witnesses - Or by cross examination of defendant’s witnesses - To controvert fact pleaded by defence (H3) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

 

CROSS EXAMINATION - Evidence - Witnesses - Failure to cross examine - Effect - Failure to cross examine a witness on a particular matter - Is a tacit acceptance of the truth of the evidence of the witness (H4) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

 

CROSS EXAMINATION - Parties 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

 

CUSTOMARY LAW - 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

 

CUSTOMARY LAW - Actions - 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

 

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

 

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

 

CUSTOMARY LAW - Arbitration - Customary arbitration - Ingredients - Preconditions 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

 

CUSTOMARY LAW - 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

 

CUSTOMARY LAW - Chieftaincy matters - Nomination - Proof - Nomination of 1st 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

 

CUSTOMARY LAW - 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

 

CUSTOMARY LAW - 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

 

CUSTOMARY LAW - Customary tenancy - Breach - Effect - Breach of the obligations which are incidental to the tenancy - Is capable of visiting the tenant with punishment of forfeiture (H1) Okpala v. Okpu (2003) 1 KLR (pt. 151) 171; (2003) 5 NWLR (PT. 812) 183

 

CUSTOMARY LAW - Customary tenancy - Breach - Instances of - Such tenancy may inter alia be forfeited - Where tenant goes beyond area granted - Or alienates portion of land to 3rd party without consent of overlord (H4) Okpala v. Okpu (2003) 1 KLR (pt. 151) 171; (2003) 5 NWLR (PT. 812) 183

 

CUSTOMARY LAW - Evidence - Pleadings - Ancestral home (Obi) Extent of - Appellant was not bound to prove what the home consisted of - As same have been pleaded - And were not specifically denied by respondents (H4) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

 

CUSTOMARY LAW - 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

 

CUSTOMARY LAW - Land law - Community land - Title - Proof - A person who claims title to a portion of such land - Must inter alia prove that the same was allocated to him - By those in authority to do so (H3) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

 

CUSTOMARY LAW - Land law - Customary tenancy - Payment of Ishakole - A party who asserts payment of Ishakole - Must specifically plead the nature of same - As Ishakole could be in kind or in cash (H4) Akanbi v. Salawu (2003) 6 KLR (pt. 164) 1865; (2003) 13 NWLR (PT. 838) 637

 

CUSTOMARY LAW - Land law - Disposition of land - Statute of Fraud s.4 - Applicability - The section is inapplicable - Since disposition of land under customary law - Does not require writing as a prerequisite (H5) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

 

CUSTOMARY LAW - Land law - Family land - Transfer - Registration of deeds and conveyances hardly come into play - In transfer of land held under customary tenure (H4) Ejilemele v. Opara (2003) 5 KLR (pt. 160) 1245; (2003) 9 NWLR (PT. 826) 536

 

CUSTOMARY LAW - Land law­ - Right of occupancy - Allocation - Proper authority - By s.41 Land Use Act 1978 - Allocation of such right belongs to Local Government - And does not call for any Emir’s stamp (H4) Auta v. Ibe (2003) 7 KLR (pt. 165) 2131; (2003) 13 NWLR (PT. 837) 247

 

CUSTOMARY LAW - Land law - Title - Customary grant - Proof - Ogunleye v. Oni - If a party bases his title on grant by a family - He must plead origin of title of that family (H3) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

CUSTOMARY RIGHT OF OCCUPANCY - Allocation - Proper authority - By s.41 Land Use Act 1978 - Allocation of such right belongs to Local Government - And does not call for any Emir’s stamp (H4) Auta v. Ibe (2003) 7 KLR (pt. 165) 2131; (2003) 13 NWLR (PT. 837) 247

 

DAMAGES - Appeals - Evidence - Award of damages - 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

 

DAMAGES - Award - Correctness of - Court of Appeal made sound calculation by awarding N12,155,179 to defendant - As 6th 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

 

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

 

DAMAGES - Company - 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

 

DAMAGES - Land law - Actions - 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

 

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

 

DAMAGES - Land law - Trespass - A person may fail in his claim for title - But may succeed in claim for trespass - Since both claims are independent (H2) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

DAMAGES - Master & servant - Termination - Breach - Remedy - Employee’s remedy lies in damages - Calculated on the basis of what he would have earned - For the period of notice agreed for ending the employment (H5) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

 

DAMAGES - 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

 

DEEDS - 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

 

DEFAMATION - Companies - 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

 

DOCUMENTS - 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

 

DOCUMENTS - Appeals - 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

 

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

 

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

 

DOCUMENTS - 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

 

DOCUMENTS - 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

 

DOCUMENTS - 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

 

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

 

DOCUMENTS - Evidence - Public documents - Admissibility - By the provision of S. 97(2)(c) Evidence Act - The only acceptable secondary evidence - Is a certified true copy of the document (H1) Araka v. Egbue (2003) 7 KLR (pt. 165) 2111; (2003) 17 NWLR (PT. 848) 1

 

DOCUMENTS - Evidence - Public documents - Evidence Act s.97(2)(c) - Purpose - The section seeks to ensure authenticity of the document - Tendered viz -a-viz the original (H3) Araka v. Egbue (2003) 7 KLR (pt. 165) 2111; (2003) 17 NWLR (PT. 848) 1

 

DOCUMENTS - Insurance - Interpretation - Where a statement in a document is clear and not ambiguous - It should be given its literal meaning (H4) Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) 12 KLR (pt. 169) 2855

 

DOCUMENTS - Land law - Title deed - Fraud in execution - Effect - It renders the deed irregular and invalid - It is immaterial that such deed is registered - As mere registration does not validate fraudulent transfers (H3) Ejilemele v. Opara (2003) 5 KLR (pt. 160) 1245; (2003) 9 NWLR (PT. 826) 536

 

DOCUMENTS - Mortgages - Merger - An intention to create merger must be stated in documents executed by parties - Or such evidence that indicates such intention (H3) Owoniboys Tech. Serv. Ltd. v. Union Bank of Nig. Ltd. (2003) 7 KLR (pt. 165) 2221; (2003) 15 NWLR (PT. 844) 545

 

DOCUMENTS - Property law - Evidence - Fraud - Proof - Propriety - 1st respondent’s letter of 6/4/87 did not portray 1st appellant - As someone who acted fraudulently in the sale of the property (H4) African Continental Bank Ltd v. Ihekwoaba (2003) 6 KLR (pt. 163) 1615; (2003) 16 NWLR (PT. 846) 249

 

DOCUMENTS - 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

 

DOCUMENTS - Title - Proof - Means - May be established by production of documents of title - Which must be duly authenticated - Unless they are produced from proper custody (H7) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

ELECTION PETITIONS - Amendment - Time limit - Electoral Act 2002 para.14(2) - Substantial amendments will not be allowed - After the expiration of thirty days - Following presentation of the petition (H5) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

ELECTION PETITIONS - Appeals - 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

 

ELECTION PETITIONS - Federal High Court rules - Application - Scope - The rules shall be applied with modifications - As may be necessary to render them applicable - Vis-a-vis the Electoral Act (H2) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

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

 

ELECTION PETITIONS - Filing - Proper party - By s.133(1) petition can be presented by candidate - Or political party which participated at election - Or by both together (H4) Buhari v. Obasanjo (No. 1) (2003) 11 KLR (pt. 167) 2453; (2003) 17 NWLR (PT. 850) 587

 

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

 

ELECTION PETITIONS - Gubernatorial elections - Appeals - 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

 

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

 

ELECTION PETITIONS - Joinder of parties - Loser in election - Such person need not be joined as respondent - Merely because petitioner has allegation against him (H1) Buhari v. Yusuf (2003) 6 KLR (pt. 164) 1903; (2003) 14 NWLR (PT. 841) 446

 

ELECTION PETITIONS - Judicial precedents - Authority - Distinction of - Unongo v. Aku - The case is inapplicable in the instance - As it dealt with fixing a period within which a petition must be determined (H3) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

ELECTION PETITIONS - Judicial precedents - Obiter dictum - Effect - Obih v. Mbakwe - The expression of Obaseki JSC in that case law - Is mere obiter dictum - That was never in issue before the court (H1) Buhari v. Obasanjo (No. 2) (2003) 11 KLR (pt. 167) 2495; (2003) 17 NWLR (PT. 850) 510

 

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

 

ELECTION PETITIONS - Practice & procedure - Rules of court - By para. 14(1) election tribunal is enjoined - To use Civil Procedure Rules of Federal High Court - Relating to amendment of pleadings (H4) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

ELECTION PETITIONS - Words & phrases - “Conduct” - Meaning - In s.133(2) Electoral Act 2002 - The word means the manner of directing election (H3) Buhari v. Obasanjo (No. 1) (2003) 11 KLR (pt. 167) 2453; (2003) 17 NWLR (PT. 850) 587

 

ELECTION PETITIONS - Words & phrases - “Presented” - Meaning - By s.132 Electoral Act 2002 - From the context it was used - The word means filed (H6) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

ELECTIONS - 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

 

ELECTIONS - Judgments - Binding nature - Judgment in this matter will not bind other State Governors - Whose rights to contest the election for 3rd 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

 

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

 

ELECTIONS - Statutes - Ejusdem generis rule - Application - Electoral Act s.133(2) - The rule is inapplicable to the section - As its application will be unduly restricting the scope of the section (H3) Buhari v. Yusuf (2003) 6 KLR (pt. 164) 1903; (2003) 14 NWLR (PT. 841) 446

 

EQUITY - 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

 

EQUITY - Evidence - Undue influence - Burden of proof - Where donee is presumed to have influence over donor - Burden is on the donee to show the righteousness of the transaction (H5) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

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

 

EQUITY - Land law - Leases - Equity - Application - As evidence shows that 2nd respondent’s predecessor-in-title did all he was required to do - Equity treats the parties as if the lease had been granted (H1) Iragunima v. Rivers State Housing Authority (2003) 5 KLR (pt. 161) 1457; (2003) 12 NWLR (PT. 834) 427

 

EQUITY - Land law - Trespass - Appellants by their acts of trespass could not acquire legitimate possession - To entitle them to equitable defences of laches and acquiescence (H9) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

EQUITY - Land law - Trust property - Sale - A trustee is entitled to sell land he holds on trust - In so far as the sale is not tainted with fraud or illegality (H2) Abudu v. Eguakun (2003) 7 KLR (pt. 165) 2065; (2003) 14 NWLR (PT. 840) 311

 

EQUITY - Maxims - Quic quid plantatur - Principle of - Implication - It implies that once plaintiff is adjudged to be the rightful owner of land - The land together with what is on it automatically becomes his (H8) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

 

EQUITY - Pleadings - Defences - Estoppel or acquiescence - Need to plead - Party relying on the equitable defences - Must have same pleaded in his statement of defence - Else evidence led in that regard goes to no issue (H7) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

 

EQUITY - Pleadings - Laches and acquiescence - Need to plead - The equitable defences must be pleaded fully - And with due particularity (H2) Iso v. Eno (2003) 7 KLR (pt. 165) 2197; (2003) 12 NWLR (PT. 835) 585

 

EQUITY - Title - Possession - By virtue of exhibit E executed between the parties - 2nd appellant acquired equitable interest in the property - Capable of being converted to legal estate (H11) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

EQUITY - Title - Possession - Proof - By virtue of exhibit B - 1st appellant proved her entitlement to legal estate in the property - And had only sold equitable interest to 2nd appellant (H14) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

ESTOPPEL - Estoppel by conduct - Application of - Propriety - Estoppel by conduct cannot apply - Since there is no where in Exhibit N - That respondent promised appellant - Employment till retirement age (H4) Abalogu v. Shell Petroleum Development Co. Nig. Ltd. (2003) 6 KLR (pt. 164) 1837; (2003) 13 NWLR (PT. 837) 308

 

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

 

ESTOPPEL - Issue estoppel - Binding nature - Appellants are bound by issue estoppel - With regard to traditional history of the parties - Pleaded and upheld in suit no. HOR/47/75 (H2) Ogbogu v. Ugwuegbu (2003) 4 KLR (pt. 159) 1219; (2003) 10 NWLR (PT. 827) 189

 

ESTOPPEL - Pleadings - Defences - Estoppel or acquiescence - Need to plead - Party relying on the equitable defences - Must have same pleaded in his statement of defence - Else evidence led in that regard goes to no issue (H7) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

 

ESTOPPEL - 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

 

ESTOPPEL - Res judicata - Applicability - Sameness of subject matter - It is obvious from the reliefs claimed in previous and in present suits - That subject matter for adjudication in both suits are same (H2) Afolabi v. Governor Osun State (2003) 7 KLR (pt. 165) 2083; (2003) 13 NWLR (PT. 836) 119

 

ESTOPPEL - Res judicata - 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

 

ESTOPPEL - Res judicata - Plea - Ingredients - It must be shown that parties are same - As well as issues and subject matter - And the previous decisions must have finally decided the issues between the parties (H1) Afolabi v. Governor Osun State (2003) 7 KLR (pt. 165) 2083; (2003) 13 NWLR (PT. 836) 119

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - Admissibility - Where the testimony given by DW3 & 1st respondent was not challenged - In cross examination by appellants - The same shall be deemed as more credible (H3) Umoru v. Zibiri (2003) 6 KLR (pt. 164) 2045; (2003) 11 NWLR (PT. 832) 647

 

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

 

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

 

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

 

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

 

EVIDENCE - 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

 

EVIDENCE - Appeals - Concurrent findings - Setting aside - Basis - Such findings 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

 

EVIDENCE - Appeals - Courts - 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

 

EVIDENCE - Appeals - Courts - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - Appeals - 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

 

EVIDENCE - 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

 

EVIDENCE - Appeals - 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

 

EVIDENCE - Appeals - 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

 

EVIDENCE - Appeals - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - Appeals - Grounds - Omnibus ground - Implication of - The ground 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - Averment - Onus of proof - Averment of equipment energizing itself was made by appellants - Hence they must prove that such situation could occur (H2) C&C Construction Co. Ltd v. Okhai (2003) 12 KLR (pt. 168) 2639; (2003) 18 NWLR (PT. 851) 79

 

EVIDENCE - Charge - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - Chieftaincy matters - Custom - 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

 

EVIDENCE - Chieftaincy matters - Nomination - Proof - Nomination of 1st 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

 

EVIDENCE - 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

 

EVIDENCE - Contracts - 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

 

EVIDENCE - 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

 

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

 

EVIDENCE - Contradictions - Evidence of 2nd appellant is rife with contradictions - As the switch was hastily put off when the crushing damage was done (H1) C&C Construction Co. Ltd v. Okhai (2003) 12 KLR (pt. 168) 2639; (2003) 18 NWLR (PT. 851) 79

 

EVIDENCE - 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

 

EVIDENCE - Court martial - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - Courts - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

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

 

EVIDENCE - Crime - Proof - Number of witness - Prosecution is not bound to call a host of witnesses - As it needs to call material witness to prove its case (H3) Nigerian Air Force v. Obiosa (2003) 1 KLR (pt. 153) 479; (2003) 4 NWLR (PT. 810) 233

 

EVIDENCE - Criminal procedure - Legal representation - There is no evidence that appellant’s instruction - Was not followed by his counsel - Or that any of his counsel advised him wrongly (H4) Okeke v. State (2003) 2 KLR (pt. 154) 571; (2003) 15 NWLR (PT. 842) 25

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - 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

 

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

 

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

 

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

 

EVIDENCE - Facts not pleaded - Weight - Such evidence goes to no issue - And cannot therefore be relied on - In discharge of the onus of proof (H1) Adake v. Akun (2003) 7 KLR (pt. 165) 2073; (2003) 14 NWLR (PT. 840) 418

 

EVIDENCE - Fraud - Allegation of - Failure to prove - Effect - Since fraud was not specifically pleaded - And no evidence led on it - The allegation is a non-issue (H4) Okonkwo v. Cooperative & Commerce Bank Plc (2003) 2 KLR (pt. 155) 719; (2003) 8 NWLR (PT. 822) 347

 

EVIDENCE - Improper admission - Portion of evidence of PW3 which was improperly admitted - Must be discountenanced even in Supreme Court - So as to resolve the case on legally admitted evidence (H3) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

 

EVIDENCE - Inconsistency rule - Where witness makes extrajudicial statement inconsistent with his testimony at trial - Such testimony is to be treated as unreliable (H4) Ubani v. State (2003) 12 KLR (pt. 169) 2925; (2003) 18 NWLR (PT. 851) 224

 

EVIDENCE - Insurance - Interpretation - Where a statement in a document is clear and not ambiguous - It should be given its literal meaning (H4) Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) 12 KLR (pt. 169) 2855

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - Land law - Boundary - Proof - When boundary is in dispute - Plaintiff must prove by evidence - The identity of land he claims (H1) Okochi v. Animkwoi (2003) 2 KLR (pt. 154) 633; (2003) 18 NWLR (PT. 851) 1

 

EVIDENCE - Land law - Community land - Title - Proof - A person who claims title to a portion of such land - Must inter alia prove that the same was allocated to him - By those in authority to do so (H3) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

 

EVIDENCE - Land law - 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

 

EVIDENCE - Land law - Competing titles - Proof - Onus of - Once plaintiff traces his title to an established owner - Onus shifts to defendant to show that - His possession ousts that of original owner (H4) Okereke v. Nwankwo (2003) 4 KLR (pt. 158) 1083; (2003) 9 NWLR (PT. 826) 392

 

EVIDENCE - Land law - Conflicting traditional histories - Test of such histories is by reference to facts in recent years as established by evidence - And not solely on demeanour of witnesses (H5) Morenikeji v. Adegbosin (2003) 4 KLR (pt. 159) 1179; (2003) 8 NWLR (PT. 823) 612

 

EVIDENCE - Land law - Contradiction - Effect - Plaintiff and his witnesses gave inconsistent testimonies - Which are fatal to plaintiff’s claim (H5) Akanbi v. Salawu (2003) 6 KLR (pt. 164) 1865; (2003) 13 NWLR (PT. 838) 637

 

EVIDENCE - Land law - Evidence - Admissibility - Since there was no averment as to founder of Igbokoda land - Plaintiff’s evidence is unreliable (H2) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

 

EVIDENCE - Land Law - Exhibits Q R & T - Value - While the Exhibits are not binding on instant plaintiff - They are nevertheless evidence of facts - Of ownership & possession by 1st defendant (H1) Akibu v. Azeez (2003) 1 KLR (pt. 151) 93; (2003) 5 NWLR (PT. 814) 643

 

EVIDENCE - 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

 

EVIDENCE - Land law - Identity of land - Proof - Plaintiff has the burden to establish the identity of the land - But such burden will not exist when the identity was never a question in issue (H5) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

 

EVIDENCE - 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

 

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

 

EVIDENCE - Land law - Leases - Equity - Application - As evidence shows that 2nd respondent’s predecessor-in-title did all he was required to do - Equity treats the parties as if the lease had been granted (H1) Iragunima v. Rivers State Housing Authority (2003) 5 KLR (pt. 161) 1457; (2003) 12 NWLR (PT. 834) 427

 

EVIDENCE - Land law - Pleadings - Traditional history - Proof - Party who relies on such history - Would need to plead names of his ancestors - And narrate a continuous chain of devolution of the land up to him (H1) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

 

EVIDENCE - Land law - Possession - Determination - There is no particular mode to show - That a plaintiff had been in exclusive possession of disputed land - As each case must be considered upon its own facts (H13) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

EVIDENCE - Land law - Root of title - Defective pleadings - For failing to show how the land devolved on him - Respondent’s evidence which is at variance with his pleadings - Must be rejected as it is not legal evidence (H5) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

EVIDENCE - Land law - Root of title - Proof - Party relying on traditional evidence to prove title - Must plead his root of title - And the names as well as history of his ancestors (H3) Okereke v. Nwankwo (2003) 4 KLR (pt. 158) 1083; (2003) 9 NWLR (PT. 826) 392

 

EVIDENCE - Land law - Title - Connected land - Proof - By s.46 of Evidence Act - Acts of possession over a piece of land - May be evidence of ownership of other connected land (H5) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

EVIDENCE - Land law - Title - Customary grant - Proof - Ogunleye v. Oni - If a party bases his title on grant by a family - He must plead origin of title of that family (H3) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

EVIDENCE - Land law - Title - Possession - Proof - By virtue of exhibit B - 1st appellant proved her entitlement to legal estate in the property - And had only sold equitable interest to 2nd appellant (H14) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

EVIDENCE - Land law - Title - Possession - Proof - Where there is dispute as to which of the parties is in possession - The presumption is that party having title is in lawful possession (H10) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

EVIDENCE - Land law - Title - Proof - As plaintiffs have failed to prove the grant they relied on - And having admitted title of defendants to the disputed land - They cannot be said to have better title than defendants (H4) Ufomba v. Ahuchaogu (2003) 4 KLR (pt. 158) 1103; (2003) 8 NWLR (PT. 821) 130

 

EVIDENCE - Land law - Title - Proof - By s.46 Evidence Act - Title can be proved by possession of connected or adjacent land - In circumstances that owner of such land - Is owner of the disputed land (H2) Okereke v. Nwankwo (2003) 4 KLR (pt. 158) 1083; (2003) 9 NWLR (PT. 826) 392

 

EVIDENCE - Land law - 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

 

EVIDENCE - Land law - Title - Proof - Manner of - A party may plead and prove his title - In any of the five recognized ways - As none of the ways is superior to others (H8) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

EVIDENCE - Land law - Title - Proof - Plaintiff must first prove valid root of title - In order to claim title on acts of ownership - Or long possession (H1) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

EVIDENCE - Land law - Title - Root of - Proof - Party who relies on traditional history for his root of title - Must plead that history - And lead evidence on it (H3) Akanbi v. Salawu (2003) 6 KLR (pt. 164) 1865; (2003) 13 NWLR (PT. 838) 637

 

EVIDENCE - Land law - Title - Traditional history - Identity of land - The trial Judge accepted the identity as shown in exhibits 13 & 15 - And rightly found that respondents have proved by traditional history - Their entitlement to the land in dispute (H7) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

EVIDENCE - 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

 

EVIDENCE - 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

 

EVIDENCE - Land law - Title - Traditional history - Where in an action for declaration or claim for injunction - Plaintiff established title by such history - Onus is on defendant to show that his own possession can oust that of the owner (H8) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

EVIDENCE - Land law - Title - Trespass - Actions - 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. 523) 612

 

EVIDENCE - Land law - Trespass - Proof - As claim of trespass to land is rooted in exclusive possession - All a plaintiff need to prove is that he has exclusive possession (H12) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

EVIDENCE - Master & servant - Termination - Proof - Basis - Servant that complains of wrongful termination - Must plead and prove the contract of service - As it is not for employer to prove that the termination was not wrongful (H6) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

 

EVIDENCE - Mortgages - Merger - An intention to create merger must be stated in documents executed by parties - Or such evidence that indicates such intention (H3) Owoniboys Tech. Serv. Ltd. v. Union Bank of Nig. Ltd. (2003) 7 KLR (pt. 165) 2221; (2003) 15 NWLR (PT. 844) 545

 

EVIDENCE - Murder - Charge - 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 (2003) 12 KLR (pt. 169) 2925; (2003) 18 NWLR (PT. 851) 224

 

EVIDENCE - Murder - Conviction - 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 KLR (pt. 157) 915; (2003) 7 NWLR (PT. 819) 408

 

EVIDENCE - Murder - Ingredients - Proof - Prosecution must prove that the deceased died - And that the death was caused by accused - Whose act was intentional (H1) Ubani v. State (2003) 12 KLR (pt. 169) 2925; (2003) 18 NWLR (PT. 851) 224

 

EVIDENCE - Murder - Proof - Medical evidence - Proof of death by such evidence is not mandatory - As cause of death can be proved by other satisfactory evidence (H3) Ubani v. State (2003) 12 KLR (pt. 169) 2925; (2003) 18 NWLR (PT. 851) 224

 

EVIDENCE - 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

 

EVIDENCE - Pleading “not in a position to admit or deny” - May be taken as an admission - Or removal of burden of proof from plaintiff - Unless other statement of defence paragraphs imply a denial (H1) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

EVIDENCE - Pleadings - Ancestral home (Obi) Extent of - Appellant was not bound to prove what the home consisted of - As same have been pleaded - And were not specifically denied by respondents (H4) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

 

EVIDENCE - 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

 

EVIDENCE - Pleadings - Defences - Estoppel or acquiescence - Need to plead - Party relying on the equitable defences - Must have same pleaded in his statement of defence - Else evidence led in that regard goes to no issue (H7) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

 

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

 

EVIDENCE - Pleadings - Reply - Averments - Failure to counter - Effect - Where new issues are raised in statement of defence - Plaintiffs are expected to file a reply thereto - Otherwise the issues are deemed admitted (H6) Ogolo v. Fubara (2003) 5 KLR (pt. 162) 1561; (2003) 11 NWLR (PT. 831) 231

 

EVIDENCE - Pleadings - Statement of defence - Failure to file - Where defendant fails to file a defence - He is deemed to have admitted claims in statement of claim - And cannot lead oral evidence to the contrary (H1) Okoebor v. Police Council (2003) 5 KLR (pt. 161) 1467; (2003) 12 NWLR (PT. 834) 444

 

EVIDENCE - Practice & procedure - Courts - 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

 

EVIDENCE - Presumption - Murder - Insanity - Defence of - The defence cannot avail accused - Since the intoxication was self induced - Hence he is presumed to intend the natural consequence of his act (H5) Okeke v. State (2003) 2 KLR (pt. 154) 571; (2003) 15 NWLR (PT. 842) 25

 

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

 

EVIDENCE - Proof - Cross examination - Plaintiff is entitled to lead evidence through his witnesses - Or by cross examination of defendant’s witnesses - To controvert fact pleaded by defence (H3) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

 

EVIDENCE - Proof - Paternity of 4th appellant - Respondents could not falsify the claim of appellants - That 4th appellant is the son of the late Amanyanabo (H8) Ogolo v. Fubara (2003) 5 KLR (pt. 162) 1561; (2003) 11 NWLR (PT. 831) 231

 

EVIDENCE - Property law - Forfeiture - Statutes - Onus of proof - Appellant must prove that the law which took away his property - Was null and void (H3) Lakanmi v. Adene (2003) 4 KLR (pt. 159) 1161; (2003) 10 NWLR (PT. 828) 353

 

EVIDENCE - Property law - Fraud - Proof - Propriety - 1st respondent’s letter of 6/4/87 did not portray 1st appellant - As someone who acted fraudulently in the sale of the property (H4) African Continental Bank Ltd v. Ihekwoaba (2003) 6 KLR (pt. 163) 1615; (2003) 16 NWLR (PT. 846) 249

 

EVIDENCE - Property law - Title - Whether in issue - It is clear from evidence that appellant had put his title in issue - Having not paid rents to anyone - In respect of his occupation of the premises (H1) Erhunmwunse v. Ehanire (2003) 5 KLR (pt. 161) 1439; (2003) 13 NWLR (PT. 837) 353

 

EVIDENCE - Public documents - Admissibility - By the provision of S. 97(2)(c) Evidence Act - The only acceptable secondary evidence - Is a certified true copy of the document (H1) Araka v. Egbue (2003) 7 KLR (pt. 165) 2111; (2003) 17 NWLR (PT. 848) 1

 

EVIDENCE - Public documents - Evidence Act s.97(2)(c) - Purpose - The section seeks to ensure authenticity of the document - Tendered viz -a-viz the original (H3) Araka v. Egbue (2003) 7 KLR (pt. 165) 2111; (2003) 17 NWLR (PT. 848) 1

 

EVIDENCE - 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

 

EVIDENCE - Title - Identity of the land - Proof - Sufficiency of - Is whether a surveyor can by the given description - Produce a plan showing the land - Respondent failed to prove the land (H4) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

EVIDENCE - Title - Proof - As respondent did not challenge the recitals in exhibit B - 1st appellant has proved her ownership in fee simple - Free from encumbrances of the portion apportioned to 2nd appellant (H9) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

EVIDENCE - Title - Proof - Means - May be established by production of documents of title - Which must be duly authenticated - Unless they are produced from proper custody (H7) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

EVIDENCE - Torts - Personal injury - Proof - Whether dependent on medical evidence - Prove of such injury is not dependent on any such evidence - As there is no method of medically assessing pain (H6) C&C Construction Co. Ltd v. Okhai (2003) 12 KLR (pt. 168) 2639; (2003) 18 NWLR (PT. 851) 79

 

EVIDENCE - 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

 

EVIDENCE - Unchallenged evidence - Admissibility - Uncontradicted evidence of respondent - Is sufficient to raise a prima facie case of undue influence (H2) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

EVIDENCE - Undue influence - Burden of proof - Where donee is presumed to have influence over donor - Burden is on the donee to show the righteousness of the transaction (H5) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

EVIDENCE - Undue influence - Element of - Fraudulent abuse of confidence reposed on 1st defendant - Is a strong element of undue influence (H6) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

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

 

EVIDENCE - Witnesses - Failure to cross examine - Effect - Failure to cross examine a witness on a particular matter - Is a tacit acceptance of the truth of the evidence of the witness (H4) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

 

EXPERT OPINION - 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

 

EXPERT OPINION - 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

 

FAIR HEARING - Appeals - Court - 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

 

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

 

FAIR HEARING - Courts - 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

 

FAIR HEARING - 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

 

FAIR HEARING - Courts - 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

 

FAIR HEARING - Courts - 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

 

FAIR HEARING - Fundamental rights - 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

 

FAIR HEARING - 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

 

FAMILY LAW - 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

 

FAMILY LAW - Custom - Family land - Transfer - Registration of deeds and conveyances hardly come into play - In transfer of land held under customary tenure (H4) Ejilemele v. Opara (2003) 5 KLR (pt. 160) 1245; (2003) 9 NWLR (PT. 826) 536

 

FAMILY LAW - Evidence - Proof - Paternity of 4th appellant - Respondents could not falsify the claim of appellants - That 4th appellant is the son of the late Amanyanabo (H8) Ogolo v. Fubara (2003) 5 KLR (pt. 162) 1561; (2003) 11 NWLR (PT. 831) 231

 

FAMILY LAW - Family land - Allocation - Manner of - Grant of the land is made by family head - With the consent of principal members - But where the transfer is made by the head alone - It is voidable not void (H1) Ejilemele v. Opara (2003) 5 KLR (pt. 160) 1245; (2003) 9 NWLR (PT. 826) 536

 

FAMILY LAW - Land law - Community land - Title - Proof - A person who claims title to a portion of such land - Must inter alia prove that the same was allocated to him - By those in authority to do so (H3) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

 

FAMILY LAW - Land law - Title - Customary grant - Proof - Ogunleye v. Oni - If a party bases his title on grant by a family - He must plead origin of title of that family (H3) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

FRAUD - Evidence - Fraud - Allegation of - Failure to prove - Effect - Since fraud was not specifically pleaded - And no evidence led on it - The allegation is a non-issue (H4) Okonkwo v. Cooperative & Commerce Bank Plc (2003) 2 KLR (pt. 155) 719; (2003) 8 NWLR (PT. 822) 347

 

FRAUD - Land law - Customary law - Disposition of land - Statute of Fraud s.4 - Applicability - The section is inapplicable - Since disposition of land under customary law - Does not require writing as a prerequisite (H5) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

 

FRAUD - Land law - Title deed - Fraud in execution - Effect - It renders the deed irregular and invalid - It is immaterial that such deed is registered - As mere registration does not validate fraudulent transfers (H3) Ejilemele v. Opara (2003) 5 KLR (pt. 160) 1245; (2003) 9 NWLR (PT. 826) 536

 

FRAUD - Land law - Trust property - Sale - A trustee is entitled to sell land he holds on trust - In so far as the sale is not tainted with fraud or illegality (H2) Abudu v. Eguakun (2003) 7 KLR (pt. 165) 2065; (2003) 14 NWLR (PT. 840) 311

 

FRAUD - Mortgages - Sale - Undervalue - Proof - Ekaete v. Nig Housing Dev. Society Ltd - Sale at undervalue is not enough to vitiate power of sale - As it must be shown that the sale was fraudulently made (H3) African Continental Bank Ltd v. Ihekwoaba (2003) 6 KLR (pt. 163) 1615; (2003) 16 NWLR (PT. 846) 249

 

FRAUD - Proof - Ekaete v. Nig Housing Dev. Society Ltd - Sale at undervalue is not enough to vitiate power of sale - As it must be shown that the sale was fraudulently made (H3) African Continental Bank Ltd v. Ihekwoaba (2003) 6 KLR (pt. 163) 1615; (2003) 16 NWLR (PT. 846) 249

 

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

 

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

 

FUNDAMENTAL RIGHTS - 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

 

GOVERNMENT - 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

 

GOVERNMENT - 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

 

GOVERNMENT - Leases - Property - Disposition of - Having failed to effectively cancel the subsisting lease of respondent - The Government could not have validly disposed the property to appellant (H6) Nangibo v. Okafor (2003) 6 KLR (pt. 164) 1983; (2003) 14 NWLR (PT. 839) 78

 

GOVERNMENT - National Assembly - Powers - As F.C.T. Abuja is under Federal Government - National Assembly can validly legislate on - Constitution of Tribunals of Inquiry for the territory (H2) Fawehinmi v. Babangida (2003) 1 KLR (pt. 152) 259; (2003) 3 NWLR (PT. 808) 604

 

GOVERNMENT - National Assembly - Powers - It makes law for peace and good governance of the federation or any part thereof - With respect to matters in exclusive legislative list - To the exclusion of House of Assembly of States (H2) INEC v. Musa (2003) 1 KLR (pt. 152) 369; (2003) 3 NWLR (PT. 806) 72

 

GOVERNMENT - 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

 

INJUNCTIONS - Appeals - 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

 

INJUNCTIONS - Land law - Claim for injunction - Sustainability of - Claim for injunction is not necessarily to fail after claim for title fails - Provided area of land in respect of which injunction is sought is clearly defined (H3) Adewole v. Dada (2003) 1 KLR (pt. 151) 83; (2003) 4 NWLR (PT. 810) 369

 

INJUNCTIONS - Land law - Title - Traditional history - Where in an action for declaration or claim for injunction - Plaintiff established title by such history - Onus is on defendant to show that his own possession can oust that of the owner (H8) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

INSURANCE - 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

 

INSURANCE - Contracts - 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

 

INSURANCE - Contracts - 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

 

INSURANCE - Contracts - 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

 

INSURANCE - Document - Interpretation - Where a statement in a document is clear and not ambiguous - It should be given its literal meaning (H4) Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) 12 KLR (pt. 169) 2855

 

INSURANCE - Statutes - Contract - 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

 

INTERLOCUTORY APPLICATIONS - 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

 

INTERNATIONAL LAW - Judgments - Foreign judgments - Registration - By s. 3 of the 1990 Act - Nigerian Minister of Justice can extend application of part 1 thereof to any foreign country - If he is satisfied that judgments of Nigerian courts - Will be accorded same reciprocity (H1) Macaulay v. Raiffeisen Zentral Bank of Austria (2003) 12 KLR (pt. 168) 2701; (2003) 18 NWLR (PT. 852) 282

 

JUDGMENTS - 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

 

JUDGMENTS - 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

 

JUDGMENTS - 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

 

JUDGMENTS - 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

 

JUDGMENTS - 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

 

JUDGMENTS - Appeals - 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

 

JUDGMENTS - 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

 

JUDGMENTS - Appeals - Grounds - Omnibus ground - Implication of - The ground 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

 

JUDGMENTS - 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

 

JUDGMENTS - Appeals - 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

 

JUDGMENTS - 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

 

JUDGMENTS - Appeals - 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

 

JUDGMENTS - 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

 

JUDGMENTS - 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

 

JUDGMENTS - 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

 

JUDGMENTS - Appeals - Slip in judgment - 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

 

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

 

JUDGMENTS - Binding nature - Judgment in this matter will not bind other State Governors - Whose rights to contest the election for 3rd 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

 

JUDGMENTS - 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

 

JUDGMENTS - 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

 

JUDGMENTS - Courts - 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

 

JUDGMENTS - 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

 

JUDGMENTS - Courts - 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

 

JUDGMENTS - 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

 

JUDGMENTS - Estoppel - Res judicata - 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

 

JUDGMENTS - 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

 

JUDGMENTS - Final judgment - Meaning - Any judgment that has the effect of declaring to the parties - The state of affairs on the matter in dispute - Such that there is no further reference to it - Is final judgment (H1) Nuhu v. Ogele (2003) 12 KLR (pt. 169) 2877; (2003) 18 NWLR (PT. 852) 251

 

JUDGMENTS - Foreign judgments - Registration - By s. 3 of the 1990 Act - Nigerian Minister of Justice can extend application of part 1 thereof to any foreign country - If he is satisfied that judgments of Nigerian courts - Will be accorded same reciprocity (H1) Macaulay v. Raiffeisen Zentral Bank of Austria (2003) 12 KLR (pt. 168) 2701; (2003) 18 NWLR (PT. 852) 282

 

JUDGMENTS - 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

 

JUDGMENTS - 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

 

JUDGMENTS - Land law - Appeals - Courts - 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

 

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

 

JUDGMENTS - Motions - Determination - Where judgment is prepared but not delivered - And motion is brought which is relevant to judgment - Same should be determined before delivery of the judgment (H9) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

 

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

 

JUDGMENTS - Obiter dicta - Weight - Obiter dicta are not conclusive authority - But are mere statements by the way - That have no binding effect on a case (H3) Buhari v. Obasanjo (No. 2) (2003) 11 KLR (pt. 167) 2495; (2003) 17 NWLR (PT. 850) 510

 

JUDGMENTS - Obiter dictum - Effect - Obih v. Mbakwe - The expression of Obaseki JSC in that case law - Is mere obiter dictum - That was never in issue before the court (H1) Buhari v. Obasanjo (No. 2) (2003) 11 KLR (pt. 167) 2495; (2003) 17 NWLR (PT. 850) 510

 

JUDGMENTS - Orders of court - Consequential order - Meaning of - Consequential order is one giving effect to judgment - And is directly traceable to the judgment (H7) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

JUDGMENTS - Perverse decision - Instance - Such decision arises inter alia where court ignored evidence - Or misconceived the thrust of case presented to it (H2) Udengwu v. Uzuegbu (2003) 7 KLR (pt. 165) 2273; (2003) 13 NWLR (PT. 836) 136

 

JUDGMENTS - Perverse decision - Instance - Such decision arises inter alia where court ignored evidence - Or misconceived the thrust of case presented to it (H2) Udengwu v. Uzuegbu (2003) 7 KLR (pt. 165) 2273; (2003) 13 NWLR (PT. 836) 136

 

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

 

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

 

JUDGMENTS - Supreme Court - Departure - Conditions - The court may overrule where - Its previous decision is manifestly wrong - Or was given per incuriam - Or hinders proper development of the law (H2) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

 

JUDGMENTS - Supreme Court - Departure - Jurisdiction - The court can overrule its previous decisions - But such must not be exercised to create uncertainty in the law - Or to undermine doctrine of stare decisis (H1) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

 

JUDGMENTS - Supreme Court - Judgment of - Setting it aside - Basis - For the court to overrule its previous decisions - It must be shown that such decisions are unjust - Given per incuriam or erroneous in law (H4) Ewete v. Gyang (2003) 2-3 KLR (pt. 156) 869; (2003) 6 NWLR (PT. 816) 345

 

JUDGMENTS - 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 NWLR (PT. 843) 310

 

JUDGMENTS - Undefended suits - 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

 

JUDGMENTS - 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

 

JUDICIAL NOTICE - 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

 

JUDICIAL PRECEDENTS - 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

 

JUDICIAL PRECEDENTS - Authority - Distinction of - Unongo v. Aku - The case is inapplicable in the instance - As it dealt with fixing a period within which a petition must be determined (H3) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

JUDICIAL PRECEDENTS - Authority - Patkum’s case - Ratio decidendi - Tort of passing-off goods exists generally - But not in respect of infringement of unregistered trade marks (H4) Ayman Enterprises Ltd v. Akuma Industries Ltd (2003) 6 KLR (pt. 164) 1881; (2003) 13 NWLR (PT. 836) 22

 

JUDICIAL PRECEDENTS - Banking - Distinguishing - Facts of UBA v. Ibhafidon are distinguishable from the instant case - As the drafts in 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

 

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

 

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

 

JUDICIAL PRECEDENTS - Companies - 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

 

JUDICIAL PRECEDENTS - 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

 

JUDICIAL PRECEDENTS - Court processes - Service - Failure to serve - Effect - Craig v. 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

 

JUDICIAL PRECEDENTS - 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

 

JUDICIAL PRECEDENTS - Election petitions - Obiter dictum - Effect - Obih v. Mbakwe - The expression of Obaseki JSC in that case law - Is mere obiter dictum - That was never in issue before the court (H1) Buhari v. Obasanjo (No. 2) (2003) 11 KLR (pt. 167) 2495; (2003) 17 NWLR (PT. 850) 510

 

JUDICIAL PRECEDENTS - 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

 

JUDICIAL PRECEDENTS - 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

 

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

 

JUDICIAL PRECEDENTS - Judgments - 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

 

JUDICIAL PRECEDENTS - 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 (PT. 836) 22

 

JUDICIAL PRECEDENTS - 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

 

JUDICIAL PRECEDENTS - Land law - Title - Customary grant - Proof - Ogunleye v. Oni - If a party bases his title on grant by a family - He must plead origin of title of that family (H3) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

JUDICIAL PRECEDENTS - Mortgages - Sale - Undervalue - Proof - Ekaete v. Nig Housing Dev. Society Ltd - Sale at undervalue is not enough to vitiate power of sale - As it must be shown that the sale was fraudulently made (H3) African Continental Bank Ltd v. Ihekwoaba (2003) 6 KLR (pt. 163) 1615; (2003) 16 NWLR (PT. 846) 249

 

JUDICIAL PRECEDENTS - Obiter dicta - Weight - Obiter dicta are not conclusive authority - But are mere statements by the way - That have no binding effect on a case (H3) Buhari v. Obasanjo (No. 2) (2003) 11 KLR (pt. 167) 2495; (2003) 17 NWLR (PT. 850) 510

 

JUDICIAL REVIEW - Administrative law - Chieftaincy matters - Judicial review - Correctness of - Lower courts rightly held that setting aside of selection of 1st 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

 

JURISDICTION - Tribunal - Issue of Jurisdiction - Foreclosure - The fact that statute setting up a tribunal - Makes its decision final - Does not foreclose jurisdictional issues (H6) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

 

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

 

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

 

JURISDICTION - 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

 

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

 

JURISDICTION - Appeals - Courts - Absence of jurisdiction - 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

 

JURISDICTION - 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

 

JURISDICTION - 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

 

JURISDICTION - 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

 

JURISDICTION - 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

 

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

 

JURISDICTION - 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

 

JURISDICTION - Chieftaincy - Statutes - 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

 

JURISDICTION - 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

 

JURISDICTION - 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

 

JURISDICTION - Company law - Actions - 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

 

JURISDICTION - 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

 

JURISDICTION - 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

 

JURISDICTION - 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

 

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

 

JURISDICTION - 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

 

JURISDICTION - Courts - 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

 

JURISDICTION - 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

 

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

 

JURISDICTION - Election petitions - Appeals - 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

 

JURISDICTION - 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

 

JURISDICTION - 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

 

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

 

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

 

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

 

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

 

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 (PT. 836) 22

 

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

 

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

 

JURISDICTION - 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

 

JURISDICTION - 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

 

JURISDICTION - Land law - High Court - 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

 

JURISDICTION - 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

 

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

 

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

 

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

 

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

 

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

 

JURISDICTION - 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

 

JURISDICTION - 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

 

JURISDICTION - Statutes - Ouster clauses - Limitation - Such provisions do not apply where there was absence of jurisdiction - As to hold otherwise will lead to judicial anarchy (H7) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

 

JURISDICTION - 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

 

JURISDICTION - Supreme Court - Judgment - Departure - The court can overrule its previous decisions - But such must not be exercised to create uncertainty in the law - Or to undermine doctrine of stare decisis (H1) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

 

JURISDICTION - 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

 

JURISPRUDENCE - Obiter dicta - Weight - Obiter dicta are not conclusive authority - But are mere statements by the way - That have no binding effect on a case (H3) Buhari v. Obasanjo (No. 2) (2003) 11 KLR (pt. 167) 2495; (2003) 17 NWLR (PT. 850) 510

 

JUSTICE - Actions - 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

 

JUSTICE - Appeals - Concurrent findings - Setting aside - Basis - Such findings 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

 

JUSTICE - 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

 

JUSTICE - 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

 

JUSTICE - 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

 

JUSTICE - 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) 8 NWLR (PT. 823) 612

 

JUSTICE - 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

 

JUSTICE - 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

 

JUSTICE - Criminal procedure - 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

 

JUSTICE - 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

 

JUSTICE - 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

 

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

 

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

 

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

 

LAND LAW - Alienation - Lis alibi pendens - Doctrine of - The law does not allow litigating party to alienate property - In respect of which proceedings are pending (H7) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

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

 

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

 

LAND LAW - Appeals - Courts - 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

 

LAND LAW - Appeals - 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

 

LAND LAW - Appeals - 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

 

LAND LAW - Boundary - Proof - When boundary is in dispute - Plaintiff must prove by evidence - The identity of land he claims (H1) Okochi v. Animkwoi (2003) 2 KLR (pt. 154) 633; (2003) 18 NWLR (PT. 851) 1

 

LAND LAW - Community land - Title - Proof - A person who claims title to a portion of such land - Must inter alia prove that the same was allocated to him - By those in authority to do so (H3) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

 

LAND LAW - Competing titles - Proof - Onus of - Once plaintiff traces his title to an established owner - Onus shifts to defendant to show that - His possession ousts that of original owner (H4) Okereke v. Nwankwo (2003) 4 KLR (pt. 158) 1083; (2003) 9 NWLR (PT. 826) 392

 

LAND LAW - Contract of sale - Breach - Proper order - 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

 

LAND LAW - Custom - Evidence - Pleadings - Ancestral home (Obi) Extent of - Appellant was not bound to prove what the home consisted of - As same have been pleaded - And were not specifically denied by respondents (H4) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

 

LAND LAW - Customary law - Disposition of land - Statute of Fraud s.4 - Applicability - The section is inapplicable - Since disposition of land under customary law - Does not require writing as a prerequisite (H5) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

 

LAND LAW - Customary law - Family land - Transfer - Registration of deeds and conveyances hardly come into play - In transfer of land held under customary tenure (H4) Ejilemele v. Opara (2003) 5 KLR (pt. 160) 1245; (2003) 9 NWLR (PT. 826) 536

 

LAND LAW - Customary right of occupancy - Allocation - Proper authority - By s.41 Land Use Act 1978 - Allocation of such right belongs to Local Government - And does not call for any Emir’s stamp (H4) Auta v. Ibe (2003) 7 KLR (pt. 165) 2131; (2003) 13 NWLR (PT. 837) 247

 

LAND LAW - Customary right of occupancy - Revocation - Entitlement - Revocation under s.28 Land Use Act entitles the holder to compensation (H2) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

LAND LAW - Customary tenancy - Breach - Instances of - Such tenancy may inter alia be forfeited - Where tenant goes beyond area granted - Or alienates portion of land to 3rd party without consent of overlord (H4) Okpala v. Okpu (2003) 1 KLR (pt. 151) 171; (2003) 5 NWLR (PT. 812) 183

 

LAND LAW - Customary tenancy - Forfeiture - Meaning - It means taken from one by law as a punishment for wrongdoing - And is a usual mode to determine customary tenancy (H2) Okpala v. Okpu (2003) 1 KLR (pt. 151) 171; (2003) 5 NWLR (PT. 812) 183

 

LAND LAW - Customary tenancy - Payment of Ishakole - A party who asserts payment of Ishakole - Must specifically plead the nature of same - As Ishakole could be in kind or in cash (H4) Akanbi v. Salawu (2003) 6 KLR (pt. 164) 1865; (2003) 13 NWLR (PT. 838) 637

 

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

 

LAND LAW - 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

 

LAND LAW - Estoppel - Issue estoppel - Binding nature - Appellants are bound by issue estoppel - With regard to traditional history of the parties - Pleaded and upheld in suit no. HOR/47/75 (H2) Ogbogu v. Ugwuegbu (2003) 4 KLR (pt. 159) 1219; (2003) 10 NWLR (PT. 827) 189

 

LAND LAW - Evidence - Admissibility - Since there was no averment as to founder of Igbokoda land - Plaintiff’s evidence is unreliable (H2) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

 

LAND LAW - Evidence - Conflicting traditional histories - Test of such histories is by reference to facts in recent years as established by evidence - And not solely on demeanour of witnesses (H5) Morenikeji v. Adegbosin (2003) 4 KLR (pt. 159) 1179; (2003) 8 NWLR (PT. 823) 612

 

LAND LAW - Evidence - Contradiction - Effect - Plaintiff and his witnesses gave inconsistent testimonies - Which are fatal to plaintiff’s claim (H5) Akanbi v. Salawu (2003) 6 KLR (pt. 164) 1865; (2003) 13 NWLR (PT. 838) 637

 

LAND LAW - Evidence - Exhibits Q R & T - Value - While the Exhibits are not binding on instant plaintiff - They are nevertheless evidence of facts - Of ownership & possession by 1st defendant (H1) Akibu v. Azeez (2003) 1 KLR (pt. 151) 93; (2003) 5 NWLR (PT. 814) 643

 

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

 

LAND LAW - Family land - Allocation - Manner of - Grant of the land is made by family head - With the consent of principal members - But where the transfer is made by the head alone - It is voidable not void (H1) Ejilemele v. Opara (2003) 5 KLR (pt. 160) 1245; (2003) 9 NWLR (PT. 826) 536

 

LAND LAW - Forfeiture - Statutes - Onus of proof - Appellant must prove that the law which took away his property - Was null and void (H3) Lakanmi v. Adene (2003) 4 KLR (pt. 159) 1161; (2003) 10 NWLR (PT. 828) 353

 

LAND LAW - Forfeiture order - Validity - The order made in 1967 was validly made - Hence appellant was properly dispossessed of his property (H4) Lakanmi v. Adene (2003) 4 KLR (pt. 159) 1161; (2003) 10 NWLR (PT. 828) 353

 

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

 

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

 

LAND LAW - Identity of land - Proof - Plaintiff has the burden to establish the identity of the land - But such burden will not exist when the identity was never a question in issue (H5) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

 

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

 

LAND LAW - Injunction - Claim for - Sustainability of - Claim for injunction is not necessarily to fail after claim for title fails - Provided area of land in respect of which injunction is sought is clearly defined (H3) Adewole v. Dada (2003) 1 KLR (pt. 151) 83; (2003) 4 NWLR (PT. 810) 369

 

LAND LAW - Laches & acquiescence - Defence of - Basis - It must be established that party against whom the defences are set 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

 

LAND LAW - Leases - Equity - Application - As evidence shows that 2nd respondent’s predecessor-in-title did all he was required to do - Equity treats the parties as if the lease had been granted (H1) Iragunima v. Rivers State Housing Authority (2003) 5 KLR (pt. 161) 1457; (2003) 12 NWLR (PT. 834) 427

 

LAND LAW - Leases - Property - Disposition of - Having failed to effectively cancel the subsisting lease of respondent - The Government could not have validly disposed the property to appellant (H6) Nangibo v. Okafor (2003) 6 KLR (pt. 164) 1983; (2003) 14 NWLR (PT. 839) 78

 

LAND LAW - Pleadings - Traditional history - Proof - Party who relies on such history - Would need to plead names of his ancestors - And narrate a continuous chain of devolution of the land up to him (H1) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

 

LAND LAW - Pledge - Trespass - Plaintiffs’ claim for trespass has no basis - As it cannot be said that defendants went on the land - They admitted of having pledged to plaintiffs as described in exhibit 1 (H5) Ufomba v. Ahuchaogu (2003) 4 KLR (pt. 158) 1103; (2003) 8 NWLR (PT. 821) 130

 

LAND LAW - Possession - Conflicting claim - There cannot be concurrent possession by two parties claiming adversely - As one must be in lawful possession - And the other a trespasser (H11) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

LAND LAW - Possession - Determination - There is no particular mode to show - That a plaintiff had been in exclusive possession of disputed land - As each case must be considered upon its own facts (H13) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

LAND LAW - Possession - Trespass - A person can be in possession through a third party - And possession of a predecessor-in-title is deemed to be continued by his successor (H4) Adewole v. Dada (2003) 1 KLR (pt. 151) 83; (2003) 4 NWLR (PT. 810) 369

 

LAND LAW - Possession - Trespass - Is violation of possessory right and does not involve title - Thus a person who has been in exclusive possession but was wrongly dispossessed - Can recover possession even where title belongs to a 3rd party (H2) Ufomba v. Ahuchaogu (2003) 4 KLR (pt. 158) 1103; (2003) 8 NWLR (PT. 821) 130

 

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

 

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

 

LAND LAW - Quic quid plantatur - Principle of - Implication - It implies that once plaintiff is adjudged to be the rightful owner of land - The land together with what is on it automatically becomes his (H8) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

 

LAND LAW - Quic quid plantatur solo solo cedit - Application - Since title to the land is in respondent - Everything that accedes to the land belongs to him (H8) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

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

 

LAND LAW - Right of occupancy - Irrevocability - Right of occupancy is deemed irrevocable - Unless under section 28 of Land Use Act - For overriding public interest (H4) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

 

LAND LAW - Right of occupancy - Revocation - Basis - By s.28 Land Use Act - Power of Governor to revoke right of occupancy - Must be for overriding public interest (H1) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

LAND LAW - Root of title - Defective pleadings - For failing to show how the land devolved on him - Respondent’s evidence which is at variance with his pleadings - Must be rejected as it is not legal evidence (H5) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

LAND LAW - Root of title - Proof - Party relying on traditional evidence to prove title - Must plead his root of title - And the names as well as history of his ancestors (H3) Okereke v. Nwankwo (2003) 4 KLR (pt. 158) 1083; (2003) 9 NWLR (PT. 826) 392

 

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

 

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

 

LAND LAW - Sale of property - Subject of pending litigation - Effect on purchaser’s title - Whatever judgment that is given in the suit - Is binding on the purchaser (H9) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

LAND LAW - Sale of property - Undue influence - Effect - Where such transaction is caught by the doctrine - The sale is voidable at instance of vendor - Not null and void (H8) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

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

 

LAND LAW - Statutory right of occupancy - Revocation - By Land Tenure Law s.34(1) - Minister can revoke such right for inter alia non payment of rents - Or requirement of the land for public purposes (H2) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

 

LAND LAW - 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

 

LAND LAW - Title ­- Arising from faulty inheritance - Nothing entitles appellants to the disputed land - Since the person who gave them the land - Had no valid inheritance over same (H6) Okereke v. Nwankwo (2003) 4 KLR (pt. 158) 1083; (2003) 9 NWLR (PT. 826) 392

 

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

 

LAND LAW - Title - Connected land - Proof - By s.46 of Evidence Act - Acts of possession over a piece of land - May be evidence of ownership of other connected land (H5) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

LAND LAW - Title - Customary grant - Proof - Ogunleye v. Oni - If a party bases his title on grant by a family - He must plead origin of title of that family (H3) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

LAND LAW - 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

 

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

 

LAND LAW - 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

 

LAND LAW - Title - Identity of the land - Proof - Sufficiency of - Is whether a surveyor can by the given description - Produce a plan showing the land - Respondent failed to prove the land (H4) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

LAND LAW - Title - Possession - By virtue of exhibit E executed between the parties - 2nd appellant acquired equitable interest in the property - Capable of being converted to legal estate (H11) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

LAND LAW - Title - Possession - Proof - By virtue of exhibit B - 1st appellant proved her entitlement to legal estate in the property - And had only sold equitable interest to 2nd appellant (H14) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

LAND LAW - Title - Possession - Proof - Where there is dispute as to which of the parties is in possession - The presumption is that party having title is in lawful possession (H10) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

LAND LAW - 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

 

LAND LAW - Title - Proof - As plaintiffs have failed to prove the grant they relied on - And having admitted title of defendants to the disputed land - They cannot be said to have better title than defendants (H4) Ufomba v. Ahuchaogu (2003) 4 KLR (pt. 158) 1103; (2003) 8 NWLR (PT. 821) 130

 

LAND LAW - Title - Proof - As respondent did not challenge the recitals in exhibit B - 1st appellant has proved her ownership in fee simple - Free from encumbrances of the portion apportioned to 2nd appellant (H9) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

LAND LAW - Title - Proof - By s.46 Evidence Act - Title can be proved by possession of connected or adjacent land - In circumstances that owner of such land - Is owner of the disputed land (H2) Okereke v. Nwankwo (2003) 4 KLR (pt. 158) 1083; (2003) 9 NWLR (PT. 826) 392

 

LAND LAW - 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

 

LAND LAW - Title - Proof - Manner of - A party may plead and prove his title - In any of the five recognized ways - As none of the ways is superior to others (H8) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

LAND LAW - Title - Proof - Means - May be established by production of documents of title - Which must be duly authenticated - Unless they are produced from proper custody (H7) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

LAND LAW - Title - Proof - Plaintiff must first prove valid root of title - In order to claim title on acts of ownership - Or long possession (H1) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

LAND LAW - Title - Root of - Proof - Party who relies on traditional history for his root of title - Must plead that history - And lead evidence on it (H3) Akanbi v. Salawu (2003) 6 KLR (pt. 164) 1865; (2003) 13 NWLR (PT. 838) 637

 

LAND LAW - Title - Traditional history - Identity of land - The trial Judge accepted the identity as shown in exhibits 13 & 15 - And rightly found that respondents have proved by traditional history - Their entitlement to the land in dispute (H7) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

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

 

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

 

LAND LAW - Title - Traditional history - Where in an action for declaration or claim for injunction - Plaintiff established title by such history - Onus is on defendant to show that his own possession can oust that of the owner (H8) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

LAND LAW - Title - Trespass - Actions - 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

 

LAND LAW - Title deed - Fraud in execution - Effect - It renders the deed irregular and invalid - It is immaterial that such deed is registered - As mere registration does not validate fraudulent transfers (H3) Ejilemele v. Opara (2003) 5 KLR (pt. 160) 1245; (2003) 9 NWLR (PT. 826) 536

 

LAND LAW - Trespass - Actions - 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

 

LAND LAW - Trespass - Basis - Claim for trespass is rooted in exclusive possession - And once defendant claims ownership of disputed land - Title is put in issue (H6) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

LAND LAW - Trespass - Claim for - Scope - Claim for trespass is not dependent on claim for title - As issue in trespass is whether plaintiff has established actual possession of the land (H2) Adewole v. Dada (2003) 1 KLR (pt. 151) 83; (2003) 4 NWLR (PT. 810) 369

 

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

 

LAND LAW - Trespass - Damages - A person may fail in his claim for title - But may succeed in claim for trespass - Since both claims are independent (H2) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

LAND LAW - Trespass - Equity - Appellants by their acts of trespass could not acquire legitimate possession - To entitle them to equitable defences of laches and acquiescence (H9) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

LAND LAW - Trespass - Meaning of - Trespass is unjustifiable entry by one person upon land in possession of another - And it does not depend on intention of the trespasser (H5) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

LAND LAW - Trespass - Necessary party - Where there is no 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

 

LAND LAW - Trespass - Proof - As claim of trespass to land is rooted in exclusive possession - All a plaintiff need to prove is that he has exclusive possession (H12) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

LAND LAW - 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

 

LAND LAW - Trust property - Sale - A trustee is entitled to sell land he holds on trust - In so far as the sale is not tainted with fraud or illegality (H2) Abudu v. Eguakun (2003) 7 KLR (pt. 165) 2065; (2003) 14 NWLR (PT. 840) 311

 

LAND USE ACT - Customary right of occupancy - Allocation - Proper authority - By s.41 Land Use Act 1978 - Allocation of such right belongs to Local Government - And does not call for any Emir’s stamp (H4) Auta v. Ibe (2003) 7 KLR (pt. 165) 2131; (2003) 13 NWLR (PT. 837) 247

 

LAND USE ACT - 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

 

LAND USE ACT - Land law - Customary right of occupancy - Revocation - Entitlement - Revocation under s.28 Land Use Act entitles the holder to compensation (H2) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

LAND USE ACT - 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

 

LAND USE ACT - Right of occupancy - Irrevocability - Right of occupancy is deemed irrevocable - Unless under section 28 of Land Use Act - For overriding public interest (H4) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

 

LAND USE ACT - Right of occupancy - Revocation - Basis - By s.28 Land Use Act - Power of Governor to revoke right of occupancy - Must be for overriding public interest (H1) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

LAND USE ACT - 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

 

LAND USE ACT - 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

 

LANDLORD & TENANT - Customary tenancy - Breach - Effect - Breach of the obligations which are incidental to the tenancy - Is capable of visiting the tenant with punishment of forfeiture (H1) Okpala v. Okpu (2003) 1 KLR (pt. 151) 171; (2003) 5 NWLR (PT. 812) 183

 

LANDLORD & TENANT - Customary tenancy - Breach - Instances of - Such tenancy may inter alia be forfeited - Where tenant goes beyond area granted - Or alienates portion of land to 3rd party without consent of overlord (H4) Okpala v. Okpu (2003) 1 KLR (pt. 151) 171; (2003) 5 NWLR (PT. 812) 183

 

LANDLORD & TENANT - Customary tenancy - Forfeiture - Meaning - It means taken from one by law as a punishment for wrongdoing - And is a usual mode to determine customary tenancy (H2) Okpala v. Okpu (2003) 1 KLR (pt. 151) 171; (2003) 5 NWLR (PT. 812) 183

 

LANDLORD & TENANT - Customary tenancy - Payment of Ishakole - A party who asserts payment of Ishakole - Must specifically plead the nature of same - As Ishakole could be in kind or in cash (H4) Akanbi v. Salawu (2003) 6 KLR (pt. 164) 1865; (2003) 13 NWLR (PT. 838) 637

 

LANDLORD & TENANT - Customary tenancy - Recognition of right of overlord - Where tenant denies the allodial right of overlord - Tenancy will be determined by the overlord (H3) Okpala v. Okpu (2003) 1 KLR (pt. 151) 171; (2003) 5 NWLR (PT. 812) 183

 

LANDLORD & TENANT - Property law - Title - Whether in issue - It is clear from evidence that appellant had put his title in issue - Having not paid rents to anyone - In respect of his occupation of the premises (H1) Erhunmwunse v. Ehanire (2003) 5 KLR (pt. 161) 1439; (2003) 13 NWLR (PT. 837) 353

 

LANDLORD & TENANT - Rent - Statutory right of occupancy - Revocation - By Land Tenure Law s.34(1) - Minister can revoke such right for inter alia non payment of rents - Or requirement of the land for public purposes (H2) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

 

LEASES - Equity - Application - As evidence shows that 2nd respondent’s predecessor-in-title did all he was required to do - Equity treats the parties as if the lease had been granted (H1) Iragunima v. Rivers State Housing Authority (2003) 5 KLR (pt. 161) 1457; (2003) 12 NWLR (PT. 834) 427

 

LEASES - Land law - Property - Disposition of - Having failed to effectively cancel the subsisting lease of respondent - The Government could not have validly disposed the property to appellant (H6) Nangibo v. Okafor (2003) 6 KLR (pt. 164) 1983; (2003) 14 NWLR (PT. 839) 78

 

LEGAL PRACTITIONERS - 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

 

LEGAL PRACTITIONERS - 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

 

LEGAL PRACTITIONERS - Actions - 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

 

LEGAL PRACTITIONERS - 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

 

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

 

LEGAL PRACTITIONERS - Appeals - 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

 

LEGAL PRACTITIONERS - Criminal procedure - Legal representation - There is no evidence that appellant’s instruction - Was not followed by his counsel - Or that any of his counsel advised him wrongly (H4) Okeke v. State (2003) 2 KLR (pt. 154) 571; (2003) 15 NWLR (PT. 842) 25

 

LEGISLATION - 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

 

LEGISLATION - 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

 

LEGISLATION - 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

 

LEGISLATION - 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

 

LEGISLATURE - 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

 

LEGISLATURE - 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

 

LEGISLATURE - 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

 

LEGISLATURE - 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

 

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

 

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

 

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

 

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

 

LEGISLATURE - National Assembly - Powers - As F.C.T. Abuja is under Federal Government - National Assembly can validly legislate on - Constitution of Tribunals of Inquiry for the territory (H2) Fawehinmi v. Babangida (2003) 1 KLR (pt. 152) 259; (2003) 3 NWLR (PT. 808) 604

 

LEGISLATURE - National Assembly - Powers - It makes law for peace and good governance of the federation or any part thereof - With respect to matters in exclusive legislative list - To the exclusion of House of Assembly of States (H2) INEC v. Musa (2003) 1 KLR (pt. 152) 369; (2003) 3 NWLR (PT. 806) 72

 

LIBEL - Companies - 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

 

LIBEL - Companies - 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

 

LIBEL - Companies - Libel - Joinder of parties - Correctness of - 1st & 2nd 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

 

LOCUS STANDI - 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

 

MANSLAUGHTER - Murder - Conviction - 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 KLR (pt. 157) 915; (2003) 7 NWLR (PT. 819) 408

 

MARITIME LAW - 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

 

MARITIME LAW - 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

 

MASTER & SERVANT - 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

 

MASTER & SERVANT - Contract of employment - 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

 

MASTER & SERVANT - 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

 

MASTER & SERVANT - 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

 

MASTER & SERVANT - 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

 

MASTER & SERVANT - Estoppel by conduct - Application of - Propriety - Estoppel by conduct cannot apply - Since there is no where in Exhibit N - That respondent promised appellant - Employment till retirement age (H4) Abalogu v. Shell Petroleum Development Co. Nig. Ltd. (2003) 6 KLR (pt. 164) 1837; (2003) 13 NWLR (PT. 837) 308

 

MASTER & SERVANT - Termination - Breach - Remedy - Employee’s remedy lies in damages - Calculated on the basis of what he would have earned - For the period of notice agreed for ending the employment (H5) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

 

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

 

MASTER & SERVANT - Termination - Motive - An employer is entitled to terminate his employee’s appointment with or without reason - Provided he acts within the terms of the employment (H4) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

 

MASTER & SERVANT - Termination - Proof - Basis - Servant that complains of wrongful termination - Must plead and prove the contract of service - As it is not for employer to prove that the termination was not wrongful (H6) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

 

MASTER & SERVANT - Termination - Validity - Respondent did not act outside the conditions of service in terminating appellant’s appointment - As the terms therein have no statutory flavour (H3) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

 

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

 

MORTGAGES - 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

 

MORTGAGES - Merger - An intention to create merger must be stated in documents executed by parties - Or such evidence that indicates such intention (H3) Owoniboys Tech. Serv. Ltd. v. Union Bank of Nig. Ltd. (2003) 7 KLR (pt. 165) 2221; (2003) 15 NWLR (PT. 844) 545

 

MORTGAGES - Sale - Undervalue - Proof - Ekaete v. Nig Housing Dev. Society Ltd - Sale at undervalue is not enough to vitiate power of sale - As it must be shown that the sale was fraudulently made (H3) African Continental Bank Ltd v. Ihekwoaba (2003) 6 KLR (pt. 163) 1615; (2003) 16 NWLR (PT. 846) 249

Mosojo v. Oyetayo (2003) 5 KLR (pt. 162) 1551; (2003) 13 NWLR (PT. 837) 340

 

MOTIONS - 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

 

MOTIONS - 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

 

MOTIONS - Courts - 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

 

MOTIONS - 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

 

MOTIONS - Courts - Fair hearing - 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

 

MOTIONS - 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

 

MOTIONS - Judgments - Determination - Where judgment is prepared but not delivered – And motion is brought which is relevant to judgment - Same should be determined before delivery of the judgment (H9) Mobil Producing Nig. Unltd v. Monokpo (2003) 12 KLR (pt. 168) 2717; (2003) 18 NWLR (PT. 852) 346

 

MOTIONS - 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

 

MOTIONS - Practice & procedure - Courts - 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

 

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

 

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

 

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

 

MURDER - Ingredients - Proof - Prosecution must prove that the deceased died - And that the death was caused by accused - Whose act was intentional (H1) Ubani v. State (2003) 12 KLR (pt. 169) 2925; (2003) 18 NWLR (PT. 851) 224

 

MURDER - Insanity - Defence of - The defence cannot avail accused - Since the intoxication was self induced - Hence he is presumed to intend the natural consequence of his act (H5) Okeke v. State (2003) 2 KLR (pt. 154) 571; (2003) 15 NWLR (PT. 842) 25

 

MURDER - Proof - Medical evidence - Proof of death by such evidence is not mandatory - As cause of death can be proved by other satisfactory evidence (H3) Ubani v. State (2003) 12 KLR (pt. 169) 2925; (2003) 18 NWLR (PT. 851) 224

 

NEGLIGENCE - 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

 

NEGLIGENCE - 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

 

NO CASE SUBMISSION - Implications - 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

 

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

 

NO CASE SUBMISSION - Propriety - 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

 

OBITER DICTUM - Effect - Obih v. Mbakwe - The expression of Obaseki JSC in that case law - Is mere obiter dictum - That was never in issue before the court (H1) Buhari v. Obasanjo (No. 2) (2003) 11 KLR (pt. 167) 2495; (2003) 17 NWLR (PT. 850) 510

 

OBITER DICTUM - Obiter dicta - Weight - Obiter dicta are not conclusive authority - But are mere statements by the way - That have no binding effect on a case (H3) Buhari v. Obasanjo (No. 2) (2003) 11 KLR (pt. 167) 2495; (2003) 17 NWLR (PT. 850) 510

 

OBJECTIONS - 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

 

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

 

OBJECTIONS - Appeals - 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

 

OBJECTIONS - 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

 

OBJECTIONS - 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

 

OBJECTIONS - 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

 

OBJECTIONS - 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

 

OBJECTIONS - 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

 

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

 

ORDERS OF COURT - 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

 

ORDERS OF COURT - Appeals - Retrial - 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

 

ORDERS OF COURT - 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

 

ORDERS OF COURT - 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

 

ORDERS OF COURT - 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

 

ORDERS OF COURT - 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

 

ORDERS OF COURT - Consequential order - Meaning of - Consequential order is one giving effect to judgment - And is directly traceable to the judgment (H7) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

ORDERS OF COURT - 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

 

ORDERS OF COURT - Court processes - Service - Failure to serve - Effect - Craig v. 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

 

ORDERS OF COURT - 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

 

ORDERS OF COURT - 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

 

ORDERS OF COURT - 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

 

ORDERS OF COURT - Land law - Contract of sale - Breach - Proper order - 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

 

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

 

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

 

ORDERS OF COURT - Specific performance - 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

 

ORDERS OF COURT - 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

 

PARTIES - 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

 

PARTIES - Actions - Joinder of parties - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

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

 

PARTIES - 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

 

PARTIES - Appeals - Legal practitioners - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - Appeals - 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

 

PARTIES - 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

 

PARTIES - Arbitration - Customary arbitration - Ingredients - Preconditions 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

 

PARTIES - 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

 

PARTIES - Chieftaincy - 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

 

PARTIES - 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

 

PARTIES - Companies - Libel - Joinder of parties - Correctness of - 1st & 2nd 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - Court processes - Service - Failure to serve - Effect - Craig v. 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

 

PARTIES - 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

 

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

 

PARTIES - 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

 

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

 

PARTIES - Courts - Fair hearing - Courts - 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

 

PARTIES - 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

 

PARTIES - Courts - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - Courts - 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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - Customary law - Actions - 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

 

PARTIES - Election petitions - Appeals - 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

 

PARTIES - Election petitions - Filing - Proper party - By s.133(1) petition can be presented by candidate - Or political party which participated at election - Or by both together (H4) Buhari v. Obasanjo (No. 1) (2003) 11 KLR (pt. 167) 2453; (2003) 17 NWLR (PT. 850) 587

 

PARTIES - Election Petitions - Joinder of parties - Loser in election - Such person need not be joined as respondent - Merely because petitioner has allegation against him (H1) Buhari v. Yusuf (2003) 6 KLR (pt. 164) 1903; (2003) 14 NWLR (PT. 841) 446

 

PARTIES - Estoppel - Issue estoppel - Binding nature - Appellants are bound by issue estoppel - With regard to traditional history of the parties - Pleaded and upheld in suit no. HOR/47/75 (H2) Ogbogu v. Ugwuegbu (2003) 4 KLR (pt. 159) 1219; (2003) 10 NWLR (PT. 827) 189

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - Fact in issue - Meaning - It is a matter of fact affirmed on one side and denied on the other - As may be ascertained from the pleadings of parties (H6) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

 

PARTIES - 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

 

PARTIES - Judgments - Binding nature - Judgment in this matter will not bind other State Governors - Whose rights to contest the election for 3rd 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

 

PARTIES - Judgments - Final judgment - Meaning - Any judgment that has the effect of declaring to the parties - The state of affairs on the matter in dispute - Such that there is no further reference to it - Is final judgment (H1) Nuhu v. Ogele (2003) 12 KLR (pt. 169) 2877; (2003) 18 NWLR (PT. 852) 251

 

PARTIES - 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

 

PARTIES - Justice - Actions - 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

 

PARTIES - Land law - Alienation - Lis alibi pendens - Doctrine of - The law does not allow litigating party to alienate property - In respect of which proceedings are pending (H7) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

PARTIES - 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

 

PARTIES - Land law - Appeals - 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

 

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

 

PARTIES - 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

 

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

 

PARTIES - Land law - Leases - Equity - Application - As evidence shows that 2nd respondent’s predecessor-in-title did all he was required to do - Equity treats the parties as if the lease had been granted (H1) Iragunima v. Rivers State Housing Authority (2003) 5 KLR (pt. 161) 1457; (2003) 12 NWLR (PT. 834) 427

 

PARTIES - Land law - Possession - Conflicting claim - There cannot be concurrent possession by two parties claiming adversely - As one must be in lawful possession - And the other a trespasser (H11) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

PARTIES - Land law - Root of title - Proof - Party relying on traditional evidence to prove title - Must plead his root of title - And the names as well as history of his ancestors (H3) Okereke v. Nwankwo (2003) 4 KLR (pt. 158) 1083; (2003) 9 NWLR (PT. 826) 392

 

PARTIES - 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

 

PARTIES - Land law - Title - Customary grant - Proof - Ogunleye v. Oni - If a party bases his title on grant by a family - He must plead origin of title of that family (H3) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

PARTIES - Land law - Title - Possession - Proof - Where there is dispute as to which of the parties is in possession - The presumption is that party having title is in lawful possession (H10) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

PARTIES - Land law - 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

 

PARTIES - Land law - Traditional history - Proof - Party who relies on such history - Would need to plead names of his ancestors - And narrate a continuous chain of devolution of the land up to him (H1) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

 

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

 

PARTIES - 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

 

PARTIES - 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

 

PARTIES - Mortgages - Merger - An intention to create merger must be stated in documents executed by parties - Or such evidence that indicates such intention (H3) Owoniboys Tech. Serv. Ltd. v. Union Bank of Nig. Ltd. (2003) 7 KLR (pt. 165) 2221; (2003) 15 NWLR (PT. 844) 545

 

PARTIES - 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

 

PARTIES - Orders of court - Specific performance - 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

 

PARTIES - 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

 

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

 

PARTIES - 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

 

PARTIES - Rights - Waiver - Meaning - Waiver is voluntary surrender of known right by a party entitled to same - Which at his option he could have insisted upon (H5) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

 

PARTIES - Title - Possession - By virtue of exhibit E executed between the parties - 2nd appellant acquired equitable interest in the property - Capable of being converted to legal estate (H11) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

PLEADINGS - Accident - 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

 

PLEADINGS - 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

 

PLEADINGS - Actions - Counterclaim - 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

 

PLEADINGS - 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

 

PLEADINGS - 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

 

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

 

PLEADINGS - Amendments - Effective date - Any amendment of pleadings at any stage of proceeding - Dates back to the date the pleadings were originally filed (H3) Jatau v. Ahmed (2003) 1 KLR (pt. 153) 447; (2003) 4 NWLR (PT. 811) 498

 

PLEADINGS - Appeals - Courts - 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

 

PLEADINGS - 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

 

PLEADINGS - Appeals - Retrial - Courts - 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

 

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

 

PLEADINGS - 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

 

PLEADINGS - 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

 

PLEADINGS - Contracts - Term - 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

 

PLEADINGS - Courts - Actions - 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

 

PLEADINGS - 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

 

PLEADINGS - Defences - Estoppel or acquiescence - Need to plead - Party relying on the equitable defences - Must have same pleaded in his statement of defence - Else evidence led in that regard goes to no issue (H7) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

 

PLEADINGS - Election petitions - Rules of court - By para. 14(1) election tribunal is enjoined - To use Civil Procedure Rules of Federal High Court - Relating to amendment of pleadings (H4) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

PLEADINGS - Estoppel - Issue estoppel - Binding nature - Appellants are bound by issue estoppel - With regard to traditional history of the parties - Pleaded and upheld in suit no. HOR/47/75 (H2) Ogbogu v. Ugwuegbu (2003) 4 KLR (pt. 159) 1219; (2003) 10 NWLR (PT. 827) 189

 

PLEADINGS - Evidence - Ancestral home (Obi) Extent of - Appellant was not bound to prove what the home consisted of - As same have been pleaded - And were not specifically denied by respondents (H4) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

 

PLEADINGS - Evidence - Contracts - 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

 

PLEADINGS - Evidence - 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

 

PLEADINGS - Evidence - Facts not pleaded - Weight - Such evidence goes to no issue - And cannot therefore be relied on - In discharge of the onus of proof (H1) Adake v. Akun (2003) 7 KLR (pt. 165) 2073; (2003) 14 NWLR (PT. 840) 418

 

PLEADINGS - Evidence - Fraud - Allegation of - Failure to prove - Effect - Since fraud was not specifically pleaded - And no evidence led on it - The allegation is a non-issue (H4) Okonkwo v. Cooperative & Commerce Bank Plc (2003) 2 KLR (pt. 155) 719; (2003) 8 NWLR (PT. 822) 347

 

PLEADINGS - Evidence - Proof - Cross examination - Plaintiff is entitled to lead evidence through his witnesses - Or by cross examination of defendant’s witnesses - To controvert fact pleaded by defence (H3) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

 

PLEADINGS - Fact in issue - Meaning - It is a matter of fact affirmed on one side and denied on the other - As may be ascertained from the pleadings of parties (H6) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

 

PLEADINGS - Fact in issue - Meaning - It is a matter of fact affirmed on one side and denied on the other - As may be ascertained from the pleadings of parties (H6) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

 

PLEADINGS - 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

 

PLEADINGS - 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

 

PLEADINGS - 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

 

PLEADINGS - Justice - Actions - 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

 

PLEADINGS - Laches and acquiescence - Need to plead - The equitable defences must be pleaded fully - And with due particularity (H2) Iso v. Eno (2003) 7 KLR (pt. 165) 2197; (2003) 12 NWLR (PT. 835) 585

 

PLEADINGS - 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

 

PLEADINGS - Land law - Customary tenancy - Payment of Ishakole - A party who asserts payment of Ishakole - Must specifically plead the nature of same - As Ishakole could be in kind or in cash (H4) Akanbi v. Salawu (2003) 6 KLR (pt. 164) 1865; (2003) 13 NWLR (PT. 838) 637

 

PLEADINGS - Land law - Root of title - Defective pleadings - For failing to show how the land devolved on him - Respondent’s evidence which is at variance with his pleadings - Must be rejected as it is not legal evidence (H5) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

PLEADINGS - Land law - Root of title - Proof - Party relying on traditional evidence to prove title - Must plead his root of title - And the names as well as history of his ancestors (H3) Okereke v. Nwankwo (2003) 4 KLR (pt. 158) 1083; (2003) 9 NWLR (PT. 826) 392

 

PLEADINGS - Land law - Title - Customary grant - Proof - Ogunleye v. Oni - If a party bases his title on grant by a family - He must plead origin of title of that family (H3) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

PLEADINGS - Land law - Title - Proof - Manner of - A party may plead and prove his title - In any of the five recognized ways - As none of the ways is superior to others (H8) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

PLEADINGS - Land law - Title - Root of - Proof - Party who relies on traditional history for his root of title - Must plead that history - And lead evidence on it (H3) Akanbi v. Salawu (2003) 6 KLR (pt. 164) 1865; (2003) 13 NWLR (PT. 838) 637

 

PLEADINGS - Land law - Traditional history - Proof - Party who relies on such history - Would need to plead names of his ancestors - And narrate a continuous chain of devolution of the land up to him (H1) Lebile v. Regd. Trustees Cherubim & Seraphim (2003) 1 KLR (pt. 153) 459; (2003) 2 NWLR (PT. 804) 399

 

PLEADINGS - Law - Pleading of - Though some specific laws are required to be pleaded - It is not the law that any law relied upon must be pleaded (H3) Okoebor v. Police Council (2003) 5 KLR (pt. 161) 1467; (2003) 12 NWLR (PT. 834) 444

 

PLEADINGS - Master & servant - Termination - Proof - Basis - Servant that complains of wrongful termination - Must plead and prove the contract of service - As it is not for employer to prove that the termination was not wrongful (H6) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

 

PLEADINGS - Parties - Courts - Actions - 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

 

PLEADINGS - 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

 

PLEADINGS - Reply - Averments - Failure to counter - Effect - Where new issues are raised in statement of defence - Plaintiffs are expected to file a reply thereto - Otherwise the issues are deemed admitted (H6) Ogolo v. Fubara (2003) 5 KLR (pt. 162) 1561; (2003) 11 NWLR (PT. 831) 231

 

PLEADINGS - Statement of claim - Averments in - Denial of -Averments in para. 6 & 7 of the claim were denied in para. 8 of statement of defence - Hence it cannot be argued that there was no denial (H3) Joe Golday Ltd. v. Co-operative Development Bank Plc (2003) 2 KLR (pt. 154) 543; (2003) 5 NWLR (PT. 814) 586

 

PLEADINGS - Statement of claim - Purpose - Statement of claim conveys plaintiff’s claim to defendant - So that he can file defence thereto - But complaint by defence arises where the claim is vague (H5) Cappa & D’Alberto Ltd v. Akintilo (2003) 4 KLR (pt. 157) 895; (2003) 9 NWLR (PT. 824) 49

 

PLEADINGS - Statement of defence - Failure to file - Where defendant fails to file a defence - He is deemed to have admitted claims in statement of claim - And cannot lead oral evidence to the contrary (H1) Okoebor v. Police Council (2003) 5 KLR (pt. 161) 1467; (2003) 12 NWLR (PT. 834) 444

 

PLEADINGS - Traverse - Pleading “not in a position to admit or deny” - May be taken as an admission - Or removal of burden of proof from plaintiff - Unless other statement of defence paragraphs imply a denial (H1) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

PLEADINGS - Undue influence - Pleaded in different paragraphs - Propriety - That manner of pleading is sufficient particularization of instances of undue influence (H4) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

POLITICS - 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

 

POLITICS - 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

 

POLITICS - 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

 

POLITICS - 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

 

PRACTICE & PROCEDURE - Actions - Counterclaim - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Appeals - 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

 

PRACTICE & PROCEDURE - Appeals - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Appeals - Retrial - Courts - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Companies - Libel - Joinder of parties - Correctness of - 1st & 2nd 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Court process - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Courts - 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

 

PRACTICE & PROCEDURE - Courts - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Election petitions - Filing - Proper party - By s.133(1) petition can be presented by candidate - Or political party which participated at election - Or by both together (H4) Buhari v. Obasanjo (No. 1) (2003) 11 KLR (pt. 167) 2453; (2003) 17 NWLR (PT. 850) 587

 

PRACTICE & PROCEDURE - Election Petitions - Joinder of parties - Loser in election - Such person need not be joined as respondent - Merely because petitioner has allegation against him (H1) Buhari v. Yusuf (2003) 6 KLR (pt. 164) 1903; (2003) 14 NWLR (PT. 841) 446

 

PRACTICE & PROCEDURE - Election petitions - Rules of court - By para. 14(1) election tribunal is enjoined - To use Civil Procedure Rules of Federal High Court - Relating to amendment of pleadings (H4) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

PRACTICE & PROCEDURE - Estopped - Res judicata - Plea - Ingredients - It must be shown that parties are same - As well as issues and subject matter - And the previous decisions must have finally decided the issues between the parties (H1) Afolabi v. Governor Osun State (2003) 7 KLR (pt. 165) 2083; (2003) 13 NWLR (PT. 836) 119

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Evidence - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

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

 

PRACTICE & PROCEDURE - Pleadings - Amendments - Effective date - Any amendment of pleadings at any stage of proceeding - Dates back to the date the pleadings were originally filed (H3) Jatau v. Ahmed (2003) 1 KLR (pt. 153) 447; (2003) 4 NWLR (PT. 811) 498

 

PRACTICE & PROCEDURE - Pleadings - Law - Pleading of - Though some specific laws are required to be pleaded - It is not the law that any law relied upon must be pleaded (H3) Okoebor v. Police Council (2003) 5 KLR (pt. 161) 1467; (2003) 12 NWLR (PT. 834) 444

 

PRACTICE & PROCEDURE - Pleadings - Reply - Averments - Failure to counter - Effect - Where new issues are raised in statement of defence - Plaintiffs are expected to file a reply thereto - Otherwise the issues are deemed admitted (H6) Ogolo v. Fubara (2003) 5 KLR (pt. 162) 1561; (2003) 11 NWLR (PT. 831) 231

 

PRACTICE & PROCEDURE - Pleadings - Statement of claim - Averments in - Denial of -Averments in para. 6 & 7 of the claim were denied in para. 8 of statement of defence - Hence it cannot be argued that there was no denial (H3) Joe Golday Ltd. v. Co-operative Development Bank Plc (2003) 2 KLR (pt. 154) 543; (2003) 5 NWLR (PT. 814) 586

 

PRACTICE & PROCEDURE - Pleadings - Statement of claim - Purpose - Statement of claim conveys plaintiff’s claim to defendant - So that he can file defence thereto - But complaint by defence arises where the claim is vague (H5) Cappa & D’Alberto Ltd v. Akintilo (2003) 4 KLR (pt. 157) 895; (2003) 9 NWLR (PT. 824) 49

 

PRACTICE & PROCEDURE - Pleadings - Statement of defence - Failure to file - Where defendant fails to file a defence - He is deemed to have admitted claims in statement of claim - And cannot lead oral evidence to the contrary (H1) Okoebor v. Police Council (2003) 5 KLR (pt. 161) 1467; (2003) 12 NWLR (PT. 834) 444

 

PRACTICE & PROCEDURE - Pleadings - Traverse - Pleading “not in a position to admit or deny” - May be taken as an admission - Or removal of burden of proof from plaintiff - Unless other statement of defence paragraphs imply a denial (H1) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

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

 

PROPERTY LAW - Auction sale - 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

 

PROPERTY LAW - Evidence - Fraud - Proof - Propriety - 1st respondent’s letter of 6/4/87 did not portray 1st appellant - As someone who acted fraudulently in the sale of the property (H4) African Continental Bank Ltd v. Ihekwoaba (2003) 6 KLR (pt. 163) 1615; (2003) 16 NWLR (PT. 846) 249

 

PROPERTY LAW - Forfeiture - Statutes - Onus of proof - Appellant must prove that the law which took away his property - Was null and void (H3) Lakanmi v. Adene (2003) 4 KLR (pt. 159) 1161; (2003) 10 NWLR (PT. 828) 353

 

PROPERTY LAW - Forfeiture order - Validity - The order made in 1967 was validly made - Hence appellant was properly dispossessed of his property (H4) Lakanmi v. Adene (2003) 4 KLR (pt. 159) 1161; (2003) 10 NWLR (PT. 828) 353

 

PROPERTY LAW - Inheritance - Custom - Evidence - Pleadings - Ancestral home (Obi) Extent of - Appellant was not bound to prove what the home consisted of - As same have been pleaded - And were not specifically denied by respondents (H4) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

 

PROPERTY LAW - Land law - Alienation - Lis alibi pendens - Doctrine of - The law does not allow litigating party to alienate property - In respect of which proceedings are pending (H7) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

PROPERTY LAW - Land law - Leases - Equity - Application - As evidence shows that 2nd respondent’s predecessor-in-title did all he was required to do - Equity treats the parties as if the lease had been granted (H1) Iragunima v. Rivers State Housing Authority (2003) 5 KLR (pt. 161) 1457; (2003) 12 NWLR (PT. 834) 427

 

PROPERTY LAW - Leases - Property - Disposition of - Having failed to effectively cancel the subsisting lease of respondent - The Government could not have validly disposed the property to appellant (H6) Nangibo v. Okafor (2003) 6 KLR (pt. 164) 1983; (2003) 14 NWLR (PT. 839) 78

 

PROPERTY LAW - Mortgages - Sale - Undervalue - Proof - Ekaete v. Nig Housing Dev. Society Ltd - Sale at undervalue is not enough to vitiate power of sale - As it must be shown that the sale was fraudulently made (H3) African Continental Bank Ltd v. Ihekwoaba (2003) 6 KLR (pt. 163) 1615; (2003) 16 NWLR (PT. 846) 249

 

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

 

PROPERTY 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

 

PROPERTY LAW - Sale - Value of property - Determination - Value attached to property depends on the state of repairs at the time of sale - And the market value of same (H2) African Continental Bank Ltd v. Ihekwoaba (2003) 6 KLR (pt. 163) 1615; (2003) 16 NWLR (PT. 846) 249

 

PROPERTY LAW - Sale of property - Subject of pending litigation - Effect on purchaser’s title - Whatever judgment that is given in the suit - Is binding on the purchaser (H9) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

PROPERTY LAW - Sale of property - Undue influence - Effect - Where such transaction is caught by the doctrine - The sale is voidable at instance of vendor - Not null and void (H8) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

PROPERTY LAW - Title - Whether in issue - It is clear from evidence that appellant had put his title in issue - Having not paid rents to anyone - In respect of his occupation of the premises (H1) Erhunmwunse v. Ehanire (2003) 5 KLR (pt. 161) 1439; (2003) 13 NWLR (PT. 837) 353

 

PROPERTY LAW - Trust property - Sale - A trustee is entitled to sell land he holds on trust - In so far as the sale is not tainted with fraud or illegality (H2) Abudu v. Eguakun (2003) 7 KLR (pt. 165) 2065; (2003) 14 NWLR (PT. 840) 311

 

RES JUDICATA - Estopped - Plea - Ingredients - It must be shown that parties are same - As well as issues and subject matter - And the previous decisions must have finally decided the issues between the parties (H1) Afolabi v. Governor Osun State (2003) 7 KLR (pt. 165) 2083; (2003) 13 NWLR (PT. 836) 119

 

RES JUDICATA - Estoppel - 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

 

RES JUDICATA - Estoppel - Applicability - Sameness of subject matter - It is obvious from the reliefs claimed in previous and in present suits - That subject matter for adjudication in both suits are same (H2) Afolabi v. Governor Osun State (2003) 7 KLR (pt. 165) 2083; (2003) 13 NWLR (PT. 836) 119

 

RES JUDICATA - 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

 

RULES OF COURT - 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

 

RULES OF COURT - 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

 

RULES OF COURT - 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

 

RULES OF COURT - 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

 

RULES OF COURT - 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

 

RULES OF COURT - 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

 

RULES OF COURT - Election petitions - Federal High Court rules - Application - Scope - The rules shall be applied with modifications - As may be necessary to render them applicable - Vis-a-vis the Electoral Act (H2) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

RULES OF COURT - Election petitions - Practice & procedure - By para. 14(1) election tribunal is enjoined - To use Civil Procedure Rules of Federal High Court - Relating to amendment of pleadings (H4) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

SIGNATURE - 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

 

SPECIFIC PERFORMANCE - Land law - Contract of sale - Breach - Proper order - 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

 

SPECIFIC PERFORMANCE - 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

 

STATUTES - 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

 

STATUTES - 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

 

STATUTES - 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

 

STATUTES - 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

 

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

 

STATUTES - 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

 

STATUTES - 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

 

STATUTES - 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

 

STATUTES - 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

 

STATUTES - 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

 

STATUTES - Constitution - Supremacy of - Constitutional 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

 

STATUTES - 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

 

STATUTES - 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

 

STATUTES - 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

 

STATUTES - Criminal procedure - 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

 

STATUTES - 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

 

STATUTES - Elections - Ejusdem generis rule - Application - Electoral Act s.133(2) - The rule is inapplicable to the section - As its application will be unduly restricting the scope of the section (H3) Buhari v. Yusuf (2003) 6 KLR (pt. 164) 1903; (2003) 14 NWLR (PT. 841) 446

 

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

 

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 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

 

STATUTES - Interpretation - Ejusdem generis - The rule is used to confine the scope of general words which follow special words - Within the genus of those special words (H2) Buhari v. Yusuf (2003) 6 KLR (pt. 164) 1903; (2003) 14 NWLR (PT. 841) 446

 

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

 

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

 

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

 

STATUTES - Judgments - Foreign judgments - Registration - By s. 3 of the 1990 Act - Nigerian Minister of Justice can extend application of part 1 thereof to any foreign country - If he is satisfied that judgments of Nigerian courts - Will be accorded same reciprocity (H1) Macaulay v. Raiffeisen Zentral Bank of Austria (2003) 12 KLR (pt. 168) 2701; (2003) 18 NWLR (PT. 852) 282

 

STATUTES - 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

 

STATUTES - Land law - Disposition of land - Statute of Fraud s.4 - Applicability - The section is inapplicable - Since disposition of land under customary law - Does not require writing as a prerequisite (H5) Gaji v. Paye (2003) 5 KLR (pt. 162) 1497; (2003) 8 NWLR (PT. 823) 583

 

STATUTES - 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

 

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

 

STATUTES - Ouster clauses - Interpretation of - Principle - Statutes purporting to deprive citizens of their acquired rights - Are always interpreted strictly (H5) Nangibo v. Okafor (2003) 6 KLR (pt. 164) 1983; (2003) 14 NWLR (PT. 839) 78

 

STATUTES - Ouster clauses - Limitation - Such provisions do not apply where there was absence of jurisdiction - As to hold otherwise will lead to judicial anarchy (H7) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

 

STATUTES - Pleadings - Law - Pleading of - Though some specific laws are required to be pleaded - It is not the law that any law relied upon must be pleaded (H3) Okoebor v. Police Council (2003) 5 KLR (pt. 161) 1467; (2003) 12 NWLR (PT. 834) 444

 

STATUTES - Property law - Forfeiture - Statutes - Onus of proof - Appellant must prove that the law which took away his property - Was null and void (H3) Lakanmi v. Adene (2003) 4 KLR (pt. 159) 1161; (2003) 10 NWLR (PT. 828) 353

 

STATUTES - 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

 

STATUTES - Rent - Statutory right of occupancy - Revocation - By Land Tenure Law s.34(1) - Minister can revoke such right for inter alia non payment of rents - Or requirement of the land for public purposes (H2) Ilona v. Idakwo (2003) 5 KLR (pt. 162) 1521; (2003) 11 NWLR (PT. 830) 53

 

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

 

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

 

STATUTES - 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

 

STATUTES - Tribunals - Jurisdiction - Issue of - Foreclosure - The fact that statute setting up a tribunal - Makes its decision final - Does not foreclose jurisdictional issues (H6) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

 

STATUTES - Words & phrases - “Subject to” - Meaning - The expression subordinates provisions of the subject section - To the section referred to - Which is intended not to be affected by provisions of the latter (H1) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

SUCCESSION - 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

 

SUPREME COURT - 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

 

SUPREME COURT - 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

 

SUPREME COURT - 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

 

SUPREME COURT - 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

 

SUPREME COURT - 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

 

SUPREME COURT - Appeals - Issues - Answer to issue 1 is enough to dispose of 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

 

SUPREME COURT - 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

 

SUPREME COURT - Evidence - Improper admission - Portion of evidence of PW3 which was improperly admitted - Must be discountenanced even in Supreme Court - So as to resolve the case on legally admitted evidence (H3) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

 

SUPREME COURT - Judgment - Departure - Conditions - The court may overrule where - Its previous decision is manifestly wrong - Or was given per incuriam - Or hinders proper development of the law (H2) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

 

SUPREME COURT - Judgment - Departure - Jurisdiction - The court can overrule its previous decisions - But such must not be exercised to create uncertainty in the law - Or to undermine doctrine of stare decisis (H1) Idoniboye-Obu v. NNPC (2003) 1 KLR (pt. 152) 327; (2003) 2 NWLR (PT. 805) 589

 

SUPREME COURT - Judgment of - Setting it aside - Basis - For the court to overrule its previous decisions - It must be shown that such decisions are unjust - Given per incuriam or erroneous in law (H4) Ewete v. Gyang (2003) 2-3 KLR (pt. 156) 869; (2003) 6 NWLR (PT. 816) 345

 

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 NWLR (PT. 843) 310

 

SUPREME COURT - 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

 

SUPREME COURT - Judicial precedents - Judgments - 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

 

SUPREME COURT - Land law - Appeals - 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

 

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

 

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

 

SUPREME COURT - Powers - Supreme Court Act s.22 - Invocation of - Basis - The matter must have been raised in lower court - And there must be enough materials before the court - To enable it take a decision (H11) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

TECHNICALITIES - 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

 

TORTS - 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

 

TORTS - Actions - 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

 

TORTS - 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

 

TORTS - Companies - Actions - Libel - Joinder of parties - Correctness of - 1st & 2nd 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

 

TORTS - Companies - 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

 

TORTS - 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

 

TORTS - Judicial precedents - Authority - Patkum’s case - Ratio decidendi - Tort of passing-off goods exists generally - But not in respect of infringement of unregistered trade marks (H4) Ayman Enterprises Ltd v. Akuma Industries Ltd (2003) 6 KLR (pt. 164) 1881; (2003) 13 NWLR (PT. 836) 22

 

TORTS - 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

 

TORTS - Negligence - 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

 

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

 

TORTS - Personal injury - Proof - Whether dependent on medical evidence - Prove of such injury is not dependent on any such evidence - As there is no method of medically assessing pain (H6) C&C Construction Co. Ltd v. Okhai (2003) 12 KLR (pt. 168) 2639; (2003) 18 NWLR (PT. 851) 79

 

TORTS - Pleadings - Accident - 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

 

TORTS - Words & phrases - Inevitable incident - Meaning - The phrase postulates an occurrence which no one could have foreseen - Or satisfactorily explained (H4) C&C Construction Co. Ltd v. Okhai (2003) 12 KLR (pt. 168) 2639; (2003) 18 NWLR (PT. 851) 79

 

TRADE MARKS - 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

 

TRESPASS - Land - Equity - Appellants by their acts of trespass could not acquire legitimate possession - To entitle them to equitable defences of laches and acquiescence (H9) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

TRESPASS - Land law - Actions - 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

 

TRESPASS - Land law - Basis for trespass - Claim for trespass is rooted in exclusive possession - And once defendant claims ownership of disputed land - Title is put in issue (H6) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

TRESPASS - Land law - Claim for trespass - Scope - Claim for trespass is not dependent on claim for title - As issue in trespass is whether plaintiff has established actual possession of the land (H2) Adewole v. Dada (2003) 1 KLR (pt. 151) 83; (2003) 4 NWLR (PT. 810) 369

 

TRESPASS - Land law - 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

 

TRESPASS - Land law - Damages - A person may fail in his claim for title - But may succeed in claim for trespass - Since both claims are independent (H2) Owhonda v. Chukwuemeka (2003) 9-10 KLR (pt. 166) 2309; (2003) 17 NWLR (PT. 849) 326

 

TRESPASS - Land law - Pledge - Trespass - Plaintiffs’ claim for trespass has no basis - As it cannot be said that defendants went on the land - They admitted of having pledged to plaintiffs as described in exhibit 1 (H5) Ufomba v. Ahuchaogu (2003) 4 KLR (pt. 158) 1103; (2003) 8 NWLR (PT. 821) 130

 

TRESPASS - Land law - Possession - Conflicting claim - There cannot be concurrent possession by two parties claiming adversely - As one must be in lawful possession - And the other a trespasser (H11) Ezekwesili v. Agbapuonwu (2003) 4 KLR (pt. 158) 1025; (2003) 9 NWLR (PT. 825) 337

 

TRESPASS - Land law - Possession - Trespass - A person can be in possession through a third party - And possession of a predecessor-in-title is deemed to be continued by his successor (H4) Adewole v. Dada (2003) 1 KLR (pt. 151) 83; (2003) 4 NWLR (PT. 810) 369

 

TRESPASS - Land law - Possession - Trespass - Is violation of possessory right and does not involve title - Thus a person who has been in exclusive possession but was wrongly dispossessed - Can recover possession even where title belongs to a 3rd party (H2) Ufomba v. Ahuchaogu (2003) 4 KLR (pt. 158) 1103; (2003) 8 NWLR (PT. 821) 130

 

TRESPASS - 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

 

TRESPASS - 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

 

TRESPASS - Land law - Proof - As claim of trespass to land is rooted in exclusive possession - All a plaintiff need to prove is that he has exclusive possession (H12) Thompson v. Arowolo (2003) 4 KLR (pt. 157) 965; (2003) 7 NWLR (PT. 818) 163

 

TRESPASS - Land law - Title - Actions - 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

 

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

 

TRESPASS - Meaning of - Trespass is unjustifiable entry by one person upon land in possession of another - And it does not depend on intention of the trespasser (H5) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

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

 

TRIBUNALS - Election petitions - Practice & procedure - Rules of court - By para. 14(1) election tribunal is enjoined - To use Civil Procedure Rules of Federal High Court - Relating to amendment of pleadings (H4) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

TRIBUNALS - Jurisdiction - Issue of - Foreclosure - The fact that statute setting up a tribunal - Makes its decision final - Does not foreclose jurisdictional issues (H6) Federal Republic of Nigeria v. Ifegwu (2003) 5 KLR (pt. 160) 1265; (2003) 15 NWLR (PT. 842) 113

 

TRUST - Land law - Trust property - Sale - A trustee is entitled to sell land he holds on trust - In so far as the sale is not tainted with fraud or illegality (H2) Abudu v. Eguakun (2003) 7 KLR (pt. 165) 2065; (2003) 14 NWLR (PT. 840) 311

 

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

 

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

 

WAIVER - Meaning - Waiver is voluntary surrender of known right by a party entitled to same - Which at his option he could have insisted upon (H5) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

 

WORD & PHRASES - Actions - Cause of action - Meaning - It is the fact which when proved - Will entitle plaintiff to a remedy against defendant (H1) Mosojo v. Oyetayo (2003) 5 KLR (pt. 162) 1551; (2003) 13 NWLR (PT. 837) 340

 

WORDS & PHRASES - “Subject to” - Meaning - The expression subordinates provisions of the subject section - To the section referred to - Which is intended not to be affected by provisions of the latter (H1) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - Election petitions - “Conduct” - Meaning - In s.133(2) Electoral Act 2002 - The word means the manner of directing election (H3) Buhari v. Obasanjo (No. 1) (2003) 11 KLR (pt. 167) 2453; (2003) 17 NWLR (PT. 850) 587

 

WORDS & PHRASES - Election petitions - “Presented” - Meaning - By s.132 Electoral Act 2002 - From the context it was used - The word means filed (H6) Yusuf v. Obasanjo (2003) 9-10 KLR (pt. 166) 2355; (2003) 16 NWLR (PT. 847) 554

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - Fact in issue - Meaning - It is a matter of fact affirmed on one side and denied on the other - As may be ascertained from the pleadings of parties (H6) Osolu v. Osolu (2003) 6 KLR (pt. 164) 2017; (2003) 11 NWLR (PT. 832) 608

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - Judgments - Final judgment - Meaning - Any judgment that has the effect of declaring to the parties - The state of affairs on the matter in dispute - Such that there is no further reference to it - Is final judgment (H1) Nuhu v. Ogele (2003) 12 KLR (pt. 169) 2877; (2003) 18 NWLR (PT. 852) 251

 

WORDS & PHRASES - Meaning of - Trespass is unjustifiable entry by one person upon land in possession of another - And it does not depend on intention of the trespasser (H5) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

WORDS & PHRASES - Orders of court - Consequential order - Meaning of - Consequential order is one giving effect to judgment - And is directly traceable to the judgment (H7) Dantsoho v. Mohammed (2003) 2 KLR (pt. 155) 695; (2003) 6 NWLR (PT. 817) 457

 

WORDS & PHRASES - Parties - Rights - Waiver - Meaning - Waiver is voluntary surrender of known right by a party entitled to same - Which at his option he could have insisted upon (H5) Fasade v. Babalola (2003) 4 KLR (pt. 158) 1065; (2003) 11 NWLR (PT. 830) 26

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - Statutes - Interpretation - Ejusdem generis - The rule is used to confine the scope of general words which follow special words - Within the genus of those special words (H2) Buhari v. Yusuf (2003) 6 KLR (pt. 164) 1903; (2003) 14 NWLR (PT. 841) 446

 

WORDS & PHRASES - Torts - Inevitable incident - Meaning - The phrase postulates an occurrence which no one could have foreseen - Or satisfactorily explained (H4) C&C Construction Co. Ltd v. Okhai (2003) 12 KLR (pt. 168) 2639; (2003) 18 NWLR (PT. 851) 79

 

WORDS & PHRASES - Undue influence - Meaning - It is a state of mind of one who has been subdued to improper persuasion - Such that he is induced to do or forbear an act - Which he would otherwise do or not do (H3) Bua v. Dauda (2003) 6 KLR (pt. 163) 1807; (2003) 13 NWLR (PT. 838) 657

 

WORDS & PHRASES - Customary tenancy - Forfeiture - Meaning - It means taken from one by law as a punishment for wrongdoing - And is a usual mode to determine customary tenancy (H2) Okpala v. Okpu (2003) 1 KLR (pt. 151) 171; (2003) 5 NWLR (PT. 812) 183

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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ACTIONS - Damages - Proof - Where issues are not disputed - Minimum evidence on the side of party who is to prove - Will satisfy the requirement of proof (H3) Babatunde v. Model Industries Nig. Ltd. (2003) 9-10 KLR (pt. 166) 2413 CA

 

ACTIONS - Estoppel - Issue estoppel - Determination - It must be considered inter alia whether parties are same - And whether the issues are material to cause of action in previous and latter case (H10) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

ADMINISTRATIVE LAW - Constitution - Interpretation - “Set up under the Tribunals of Inquiry Act” - The words apply to class of tribunals set up under the Act - And do not apply to administrative panel (H5) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

ADMINISTRATIVE LAW - Public document - Certified true copy - Fees - Legal requirements - By s. 111(1) Evidence Act - Certification should contain date - Name and official title of officer concerned - And sealed when authorized (H2) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

AFFIDAVITS - Election petitions - Objection to - Tribunal should have limited itself to the petition - In resolving issue of appellant’s locus - Rather than relying on affidavit evidence (H2) Nwuche v. Ebeku (2003) 11 KLR (pt. 167) 2625 CA

 

APPEALS - Court - Findings - A party aggrieved by conclusion of court on main issue - Can appeal against such conclusion - Or against the reasoning leading to it (H1) Nwuche v. Ebeku (2003) 11 KLR (pt. 167) 2625 CA

 

APPEALS - Election petitions - Judgment - Proper order - Since 1st respondent is disqualified by 1999 Constitution s. 66(1)(h) - Court must make an order nullifying the election (H11) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

APPEALS - Evidence - Evaluation - Appraisal and ascription of probative value to testimony is duty of trial court - And appellate court only interferes - Where trial court has made improper evaluation (H1) Babatunde v. Model Industries Nig. Ltd. (2003) 9-10 KLR (pt. 166) 2413 CA

 

CONSTITUTIONAL LAW - 1999 Constitution s. 66(1)(h) - Interpretation - Tribunal was wrong as there is no provision in the section - That makes it mandatory that Administrative Panel of Inquiry must be set up by law (H6) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

CONSTITUTIONAL LAW - Election petitions - Judgment - Proper order - Since 1st respondent is disqualified by 1999 Constitution s. 66(1)(h) - Court must make an order nullifying the election (H11) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

CONSTITUTIONAL LAW - Interpretation - “Set up under the Tribunals of Inquiry Act” - The words apply to class of tribunals set up under the Act - And do not apply to administrative panel (H5) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

CONSTITUTIONAL LAW - Tribunals - Election Petition Tribunal - Jurisdiction - By s. 66(1)(h) 1999 Constitution - The tribunal lacks power to inquire into how the panel of inquiry arrived at its decision (H4) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

COURTS - Appeals - Findings - A party aggrieved by conclusion of court on main issue - Can appeal against such conclusion - Or against the reasoning leading to it (H1) Nwuche v. Ebeku (2003) 11 KLR (pt. 167) 2625 CA

 

COURTS - Election petitions - Appeal - Judgment - Proper order - Since 1st respondent is disqualified by 1999 Constitution s. 66(1)(h) - Court must make an order nullifying the election (H11) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

COURTS - Evidence - Evaluation - Appraisal and ascription of probative value to testimony is duty of trial court - And appellate court only interferes - Where trial court has made improper evaluation (H1) Babatunde v. Model Industries Nig. Ltd. (2003) 9-10 KLR (pt. 166) 2413 CA

 

COURTS - Evidence - Oral testimonies - Veracity of such testimonies of parties shall be tested against documentary evidence - Where court is left with both kind of evidence (H2) Babatunde v. Model Industries Nig. Ltd. (2003) 9-10 KLR (pt. 166) 2413 CA

 

DAMAGES - Actions - Proof - Where issues are not disputed - Minimum evidence on the side of party who is to prove - Will satisfy the requirement of proof (H3) Babatunde v. Model Industries Nig. Ltd. (2003) 9-10 KLR (pt. 166) 2413 CA

 

DOCUMENTS - Courts - Oral testimonies - Veracity of such testimonies of parties shall be tested against documentary evidence - Where court is left with both kind of evidence (H2) Babatunde v. Model Industries Nig. Ltd. (2003) 9-10 KLR (pt. 166) 2413 CA

 

DOCUMENTS - Public document - Admissibility - Once public document is certified and signed - It is admissible on its mere production - And it is unnecessary to prove custody (H8) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

DOCUMENTS - Public document - Certified true copy - Fees - Legal requirements - By s. 111(1) Evidence Act - Certification should contain date - Name and official title of officer concerned - And sealed when authorized (H2) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

DOCUMENTS - Public documents - Admissibility - By s. 93 Evidence Act - Document may be proved by primary or secondary evidence - Hence it is not only certified copy that is admissible (H9) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

DOCUMENTS - Public documents - Proof - By s.112 Evidence Act - A certified true copy of such document may be produced - In proof of its contents (H1) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

DOCUMENTS - Signature - Proof - By s. 108(1) Evidence Act - The tribunal ought to compare signature on exhibit A - With that on exhibit I - And then make finding (H3) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

DOCUMENTS - Tribunals - Fraud - Allegation of - Proof - Appellant is required to prove the allegation - By sufficient cogent and credible evidence - And not with a particular document (H7) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

ELECTION PETITIONS - Appeal - Judgment - Proper order - Since 1st respondent is disqualified by 1999 Constitution s. 66(1)(h) - Court must make an order nullifying the election (H11) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

ELECTION PETITIONS - Locus standi - Objection to - Tribunal should have limited itself to the petition - In resolving issue of appellant’s locus - Rather than relying on affidavit evidence (H2) Nwuche v. Ebeku (2003) 11 KLR (pt. 167) 2625 CA

 

ESTOPPEL - Issue estoppel - Determination - It must be considered inter alia whether parties are same - And whether the issues are material to cause of action in previous and latter case (H10) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

EVIDENCE - Courts - Oral testimonies - Veracity of such testimonies of parties shall be tested against documentary evidence - Where court is left with both kind of evidence (H2) Babatunde v. Model Industries Nig. Ltd. (2003) 9-10 KLR (pt. 166) 2413 CA

 

EVIDENCE - Damages - Actions - Proof - Where issues are not disputed - Minimum evidence on the side of party who is to prove - Will satisfy the requirement of proof (H3) Babatunde v. Model Industries Nig. Ltd. (2003) 9-10 KLR (pt. 166) 2413 CA

 

EVIDENCE - Documents - Public document - Admissibility - Once public document is certified and signed - It is admissible on its mere production - And it is unnecessary to prove custody (H8) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

EVIDENCE - Documents - Public documents - Admissibility - By s. 93 Evidence Act - Document may be proved by primary or secondary evidence - Hence it is not only certified copy that is admissible (H9) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

EVIDENCE - Documents - Public documents - Proof - By s.112 Evidence Act - A certified true copy of such document may be produced - In proof of its contents (H1) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

EVIDENCE - Documents - Signature - Proof - By s. 108(1) Evidence Act - The tribunal ought to compare signature on exhibit A - With that on exhibit I - And then make finding (H3) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

EVIDENCE - Election petitions - Objection to - Tribunal should have limited itself to the petition - In resolving issue of appellant’s locus - Rather than relying on affidavit evidence (H2) Nwuche v. Ebeku (2003) 11 KLR (pt. 167) 2625 CA

 

EVIDENCE - Evaluation - Appraisal and ascription of probative value to testimony is duty of trial court - And appellate court only interferes - Where trial court has made improper evaluation (H1) Babatunde v. Model Industries Nig. Ltd. (2003) 9-10 KLR (pt. 166) 2413 CA

 

EVIDENCE - Public document - Certified true copy - Fees - Legal requirements - By s. 111(1) Evidence Act - Certification should contain date - Name and official title of officer concerned - And sealed when authorized (H2) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

EVIDENCE - Tribunals - Fraud - Allegation of - Proof - Appellant is required to prove the allegation - By sufficient cogent and credible evidence - And not with a particular document (H7) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

FRAUD - Tribunals - Evidence - Fraud - Allegation of - Proof - Appellant is required to prove the allegation - By sufficient cogent and credible evidence - And not with a particular document (H7) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

JUDGMENTS - Election petitions - Appeal - Judgment - Proper order - Since 1st respondent is disqualified by 1999 Constitution s. 66(1)(h) - Court must make an order nullifying the election (H11) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

JURISDICTION - Tribunals - Election Petition Tribunal - Jurisdiction - By s. 66(1)(h) 1999 Constitution - The tribunal lacks power to inquire into how the panel of inquiry arrived at its decision (H4) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

LOCUS STANDI - Election petitions - Objection to - Tribunal should have limited itself to the petition - In resolving issue of appellant’s locus - Rather than relying on affidavit evidence (H2) Nwuche v. Ebeku (2003) 11 KLR (pt. 167) 2625 CA

 

OBJECTIONS - Election petitions - Locus standi - Tribunal should have limited itself to the petition - In resolving issue of appellant’s locus - Rather than relying on affidavit evidence (H2) Nwuche v. Ebeku (2003) 11 KLR (pt. 167) 2625 CA

 

PARTIES - Actions - Damages - Proof - Where issues are not disputed - Minimum evidence on the side of party who is to prove - Will satisfy the requirement of proof (H3) Babatunde v. Model Industries Nig. Ltd. (2003) 9-10 KLR (pt. 166) 2413 CA

 

PARTIES - Appeals - Court - Findings - A party aggrieved by conclusion of court on main issue - Can appeal against such conclusion - Or against the reasoning leading to it (H1) Nwuche v. Ebeku (2003) 11 KLR (pt. 167) 2625 CA

 

PARTIES - Courts - Evidence - Oral testimonies - Veracity of such testimonies of parties shall be tested against documentary evidence - Where court is left with both kind of evidence (H2) Babatunde v. Model Industries Nig. Ltd. (2003) 9-10 KLR (pt. 166) 2413 CA

 

PARTIES - Estoppel - Issue estoppel - Determination - It must be considered inter alia whether parties are same - And whether the issues are material to cause of action in previous and latter case (H10) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

SIGNATURE - Documents - Signature - Proof - By s. 108(1) Evidence Act - The tribunal ought to compare signature on exhibit A - With that on exhibit I - And then make finding (H3) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

STATUTES - Constitution - Interpretation - “Set up under the Tribunals of Inquiry Act” - The words apply to class of tribunals set up under the Act - And do not apply to administrative panel (H5) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

TRIBUNALS - Constitutional law - 1999 Constitution s. 66(1)(h) - Interpretation - Tribunal was wrong as there is no provision in the section - That makes it mandatory that Administrative Panel of Inquiry must be set up by law (H6) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

TRIBUNALS - Election Petition Tribunal - Jurisdiction - By s. 66(1)(h) 1999 Constitution - The tribunal lacks power to inquire into how the panel of inquiry arrived at its decision (H4) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

TRIBUNALS - Election petitions - Locus standi - Objection to - Tribunal should have limited itself to the petition - In resolving issue of appellant’s locus - Rather than relying on affidavit evidence (H2) Nwuche v. Ebeku (2003) 11 KLR (pt. 167) 2625 CA

 

TRIBUNALS - Evidence - Fraud - Allegation of - Proof - Appellant is required to prove the allegation - By sufficient cogent and credible evidence - And not with a particular document (H7) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA

 

WORDS & PHRASES - Constitution - Interpretation - “Set up under the Tribunals of Inquiry Act” - The words apply to class of tribunals set up under the Act - And do not apply to administrative panel (H5) Daggash v. Bulama (2003) 11 KLR (pt. 167) 2537 CA