INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

restricted reference to the statement of claim - And writ of summons (H2) Union Bank Plc v. Umeoduagu (2004) 7 KLR (pt. 183) 1839; (2004) 13 NWLR (Pt.890) 352

ACTIONS - Cause of action - Maturity of - Duration of - Is limited by the Statute of Limitation (H1) Woherem v. Emeruwa (2004) 7 KLR (pt. 183) 1857; (2004) 13 NWLR (Pt.890) 398

ACTIONS - Chieftaincy matters - Jurisdiction - Present suit is not a chieftaincy dispute - As to raise the issue of jurisdiction (H2) Aroyewun v. Adediran (2004) 7 KLR (pts. 184-186) 2181; (2004) 13 NWLR (Pt.891) 628

ACTIONS - Chieftaincy matters - Justiciability of - Cause of action that accrued before 1979 - When court's jurisdiction was ousted - Cannot be justiciable in 1988 (H3) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

ACTIONS - Claim - Courts - Substantial justice - Being the interest of the court - Inelegantly formulated claim - Will not be allowed to defeat justice (H5) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

ACTIONS - Claim - Land matters - To ascertain the exact claim of a plaintiff - Writ of summons, entire statement of claim and plans filed - Will be examined (H4) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

ACTIONS - Claim - Language that flows freely - Is necessary in putting across a clear claim - Devoid of confusion (H7) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

ACTIONS - Claim - Proof - Chieftaincy matters - Appointment - Claim by plaintiff - That he was appointed chief - Without proving it - Will be dismissed (H5) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

ACTIONS - Claims - Proof - Probable certainty - Where there are specific

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

claims - Plaintiff's duty is to prove essential facts succinctly (H4) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

ACTIONS - Claim - Proof - Quantum meruit - Is not substantiated - The claim being defective - Was not proved at all (H8) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

ACTIONS - Claims - Courts - Relief that was not claimed - Should not be granted by court (H4) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

ACTIONS - Claims - Damages - Land law - Alternative claim - In which an amount was claimed as mesne profits - Or as damages for fraud - Can succeed on one arm of the claim (H4) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

ACTIONS - Claims - Interest - Averment - In respect of 11.5 percent interest rate - Claimed in respect of letters of credit - Is granted - As it was not denied (H6) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

ACTIONS - Claims - Land dispute - Where the claim on which other claims rest fails - Supreme Court need not say more about those other claims (H11) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

ACTIONS - Commencement - An action for breach of contract of employment - Should be commenced by writ of summons - Not by fundamental right enforcement application (H4) Jack v. Uniagric (2004) 1 KLR (pt. 171) 349; (2004) 5 NWLR (Pt.865) 208

ACTIONS - Companies - Winding-up petition - Propriety of - Where the ground is alleged inability to pay debt - Issue of the indebtedness - Cannot be separated - From the propriety of the action (H5) Air Via Ltd v. Oriental Airlines (2004) 4 KLR (pt. 175) 975; (2004) 9 NWLR (Pt.878) 298

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

ACTIONS - Companies - Winding-up petition - On ground of inability to pay debt - Disputation of the debt vide counterclaim - Is not frivolous but sufficient (H4) Air Via Ltd v. Oriental Airlines (2004) 4 KLR (pt. 175) 975; (2004) 9 NWLR (Pt.878) 298

ACTIONS - Companies - Winding-up petition - Triable issue raised in the petition - Is not a ground for sustaining it - Where the debt is disputed (H6) Air Via Ltd v. Oriental Airlines (2004) 4 KLR (pt. 175) 975; (2004) 9 NWLR (Pt.878) 298

ACTIONS - Contracts - Place of action for breach - Is where the contract was made - Amongst other options - Under O. IA r. 3 High Court Rules of Lagos State 1972 (H7) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

ACTIONS - Corporation - Residence of - For purpose of determining venue of court action - Is the place of its central management - Which for a University is the main campus - not the Liaison Office (H8) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

ACTIONS - "Counterclaim" - Definition of - It is a means by which a debt - Could be substantially disputed (H1) Air Via Ltd v. Oriental Airlines (2004) 4 KLR (pt. 175) 975; (2004) 9 NWLR (Pt.878) 298

ACTIONS - Counterclaim - Special damages claimed - Was rightly dismissed - For not being proved (H2) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

ACTIONS - Counterclaim - Weak case - Witnesses - Neglect to present relevant evidence - Court should give judgment to the other side (H2) Mainagge v. Gwamna (2004) 7 KLR (pts. 184-186) 2191; (2004) 14 NWLR (Pt.893) 323

ACTIONS - Court Martial - Waiver - Appellant's failure to object - To composition of the court - Is a waiver of that right (H3) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

ACTIONS - Courts - Abuse of court process - Legal practitioners may lose sight of it - But the court should be cautious (H4) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

ACTIONS - Courts - Competence to adjudicate - Includes having jurisdiction over the subject matter (H2) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18 NWLR (Pt.905) 416

ACTIONS - Damages - Professional fees - Sought to be recovered as damages - Has no basis - And is an usual claim in Nigeria for now - Where Solicitor's fees - Are not awarded as part of damages in court cases (H6) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

ACTIONS - Debt - Allegation of indebtedness - Could be answered in four methods - Respondent's answer here being a denial - Amounts to disputing the debt (H2) Air Via Ltd v. Oriental Airlines (2004) 4 KLR (pt. 175) 975; (2004) 9 NWLR (Pt.878) 298

ACTIONS - Declaratory reliefs - Admission - Witnesses - Where witnesses were called in spite of the admission - Trial court's satisfactory evaluation - Will not be disturbed (H5) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

ACTIONS - Declaratory reliefs - Grant of - By trial court - Shall not be based on default of defence - Or on admission (H4) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

ACTIONS - Declaratory reliefs - Principle that guides grant of - Relevance of - Does not apply to this case - By reason of nature of the declaration claimed (H4) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

ACTIONS - Election Petitions - Reliefs claimed - Move by respondent to have some of them struck out - Is premature - As hearing has not taken place (H6) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

ACTIONS - Evidence - Proof - Burden of proof lies on the person that

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

asserts - Or the party that judgment will be against - If no evidence were produced on either side (H1) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

ACTIONS - Issue - Family headship - Custody of the symbol of authority - Is the central issue in this case (H1) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

ACTIONS - Issues - Emanation of - Must be from the original claims - Argument of counsel - Should emanate from the issues - Not the grounds of appeal (H4) Fatunbi v. Olanloye (2004) 6 KLR (pt. 182) 1733; (2004) 12 NWLR (Pt.887) 229

ACTIONS - Jurisdiction - Courts - Cause of action - Law in force at the time the cause arose - Is the relevant law - While law conferring jurisdiction on the court - At point of filing the action - Is relevant in determining court's jurisdiction (H1) Adah v. NYSC (2004) 7 KLR (pts. 184-186) 2249; (2004) 13 NWLR (Pt.891) 639

ACTIONS - Jurisdiction - Filing fees payment - Is mandatory for court to have jurisdiction - Where not paid in respect of additional reliefs - The reliefs will be struck out (H3) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

ACTIONS - Justiciability - Chieftaincy matter - That is not justiciable - Commission of Inquiry - Set up to investigate the dispute - Did not occasion a fresh cause of action - Redressible in court (H4) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

ACTIONS - Justiciability of an action - Applicable law and Rules of Court - The Law applicable at the time cause of action arose is applied - While the Rules of Court in force at trial time are applied (H2) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

ACTIONS - Limitation of - Affidavit - Date cause of action arose - As alleged by the defence - Need not be contradicted - By filing a counter affidavit (H4) Woherem v. Emeruwa (2004) 7 KLR (pt. 183) 1857; (2004) 13 NWLR (Pt.890) 398

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

ACTIONS - Limitation of - Computation of time - Is determined through the writ and claim in limine - But where issue is joined - The position is different (H2) Woherem v. Emeruwa (2004) 7 KLR (pt. 183) 1857; (2004) 13 NWLR (Pt.890) 398

ACTIONS - Limitation of - Courts - Facts to be relied on - Should not touch the merits of the suit - In a preliminary objection (H6) Woherem v. Emeruwa (2004) 7 KLR (pt. 183) 1857; (2004) 13 NWLR (Pt.890) 398

ACTIONS - Limitation of - Exceptions recognized by law - Includes a case of continuance of the damage - Which is not the case here (H7) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

ACTIONS - Limitation of - Justification for existence of statutes of limitation - Determination of whether an action is statute-barred - Is by reference to the Writ and Statement of claim (H6) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

ACTIONS - Limitation of - Preliminary objection in limine - That action is statute-barred - Implies admission of averments in the claim (H5) Woherem v. Emeruwa (2004) 7 KLR (pt. 183) 1857; (2004) 13 NWLR (Pt.890) 398

ACTIONS - Limitation of - Statute-bar - Courts - Reliance on the defence - In holding that the action is statute-barred - Is not justified (H3) Woherem v. Emeruwa (2004) 7 KLR (pt. 183) 1857; (2004) 13 NWLR (Pt.890) 398

ACTIONS - Limitation of - Where a statute of limitation - Prescribes period for commencing an action - It becomes statute barred if the period has elapsed (H5) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

ACTIONS - Limitations of - Banking - Recovery of debt - Has 6 years limitation period - So that the present action - Is not statute barred (H5) Union Bank Plc v. Umeoduagu (2004) 7 KLR (pt. 183) 1839; (2004) 13 NWLR (Pt.890) 352

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

ACTIONS - Locus standi - Cause of action - Representative action on behalf of a ruling house - Whether there is a reasonable cause of action - Is the matter in this case (H4) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

ACTIONS - Locus standi - Chieftaincy matters - Grievance of a ruling house - Forms a basis for representative action (H2) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

ACTIONS - Locus standi - Courts - Judicial precedents - Chieftaincy matters - Locus standi can be available to a ruling house - The principle in Momoh's case - Does not apply to this case (H1) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

ACTIONS - Locus standi - Error of lower courts - In failing to appreciate the proper issue to decide - Will lead to reversal of their decision (H6) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

ACTIONS - Nonsuit - Land matters - Claim - On which the parties joined issue - Where there is concurrent finding against defendants - Nonsuit order is not justified (H7) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

ACTIONS - Parties - Abuse of judicial process - By a Litigant - May occur in various ways - Such as multiplicity of action (H2) Agwasim v. Ojichie (2004) 4 KLR (pt. 176) 1121; (2004) 10 NWLR (Pt.882) 613

ACTIONS - Parties - Appeals - Preliminary objection - Creation of states - That made some defendants improper parties - Amendment of those parties before the Supreme Court - Makes the preliminary objection irrelevant (H1) Osasona v. Ajayi (2004) 5 KLR (pt. 177) 1237; (2004) 14 NWLR (Pt. 894) 527

ACTIONS - Parties - Exhibits - Admission - Where parties and trial court were at one in admitting an exhibit - Present move by counsel to discredit that exhibit - Will not be allowed - As it will change his earlier position (H5)

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

ACTIONS - Parties - Opportunity to present a party's case - The 4th respondent was a person who had opportunity to present his case - Which he did - And therefore could not be said to be "a person who is not a party to the cause" (H17) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

ACTIONS - Parties - Proper party - The 4th respondent was a proper party - Against whom judgment ought to have been given by the court of Appeal - Had it taken the right decision to restore his name to the suit (H18) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

ACTIONS - Party - Procedure adopted by counsel on behalf of a party - Which turns out to be unfavourable - Cannot be abandoned by that party and his counsel (H6) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

ACTIONS - Preliminary objection - Judgment - Appeal - Failure of a preliminary objection on appeal - Does not entitle plaintiff to judgment automatically (H8) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

ACTIONS - Preliminary objection - Parties and the court - Must refrain from the merit of the matter (H1) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

ACTIONS - Reliefs - Competence - As relief (3) Is a relief - Sought on behalf of people who are not parties to the action - It is incompetent and is accordingly struck out (H15) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

ACTIONS - Reliefs - University - Administrative law - Relief for an order to be made in future - About releasing the results of examinations that have not been taken - Should not be granted (H4) Esiaga v. University of Calabar (2004) 4 KLR (pt. 174) 719; (2004) 7 NWLR (Pt.872) 366

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

ACTIONS - Representative action - On behalf of a ruling house - The real plaintiff should be seen as the ruling house - Not the individuals (H5) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

ACTIONS - Representative action - Where it avails - Its merit can be attacked vide a motion - But not by way of defence - Or issue of locus standi (H3) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

ACTIONS - Special damages - Evidence - Banking - Claim of great loss - Where based on approximation and expression of opinion - Without factual unassailable evidence - The claim will fail (H3) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

ACTIONS - Waiver - Reliefs claimed - Amendment of - Without leave, and without payment of court fees - Not being raised before trial court - The issues are deemed to be waived (H9) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

ADMINISTRATION OF ESTATES - Concurrence of personal representatives - Administration of Estates Law s. 4(2) - As there is no evidence of concurrence of the administrators - And no order of court - The conveyance executed by only two of the Administrators is void - And not binding on plaintiffs (H7) Ibrahim v. Ojomo (2004) 1 KLR (pt. 171) 365; (2004) 4 NWLR (Pt.862) 89

ADMINISTRATION OF ESTATES - "Concurrence therein" - S. 4(2) Administration of Estates Law - Meaning - Evidence of such concurrence is not limited to the execution of the conveyance by all the personal representatives - Though it can be manifested thereby (H2) Ibrahim v. Ojomo (2004) 1 KLR (pt. 171) 365; (2004) 4 NWLR (Pt.862) 89

ADMINISTRATION OF ESTATES - Letters of administration - Revocation of - Will not be granted - Where it was not fraudulently obtained - And there is no evidence of mismanagement (H4) Otun v. Otun (2004) 7 KLR (pts. 184-186) 2229; (2004) 14 NWLR (Pt.893) 381

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

ADMINISTRATION OF ESTATES - Proof - Defendant failed to establish his assertion - Regarding concurrence of the former Administrators in the redevelopment project - Involving the conveyance of the properties in dispute to him (H5) Ibrahim v. Ojomo (2004) 1 KLR (pt. 171) 365; (2004) 4 NWLR (Pt.862) 89

ADMINISTRATION OF ESTATES - Several personal representatives - Where they all agree that the deceased's real estate vested in them - Should be alienated - One or some of them can validly execute a conveyance in that regard (H3) Ibrahim v. Ojomo (2004) 1 KLR (pt. 171) 365; (2004) 4 NWLR (Pt.862) 89

ADMINISTRATIVE LAW - Actions - University - Relief for an order to be made in future - About releasing the results of examinations that have not been taken - Should not be granted (H4) Esiaga v. University of Calabar (2004) 4 KLR (pt. 174) 719; (2004) 7 NWLR (Pt.872) 366

ADMINISTRATIVE LAW - Fair hearing - Suspension of a student by the University Authority - The term suspension means waiting until a certain event takes place - So that an investigating body - Was yet to be set up to hear the appellant (H1) Esiaga v. University of Calabar (2004) 4 KLR (pt. 174) 719; (2004) 7 NWLR (Pt.872) 366

ADMINISTRATIVE LAW - Judicial powers - University - Garba's case - Is not meant to provide a cover for bad students - Effort of the respondents in this case - Towards arresting a perceived evil - Is not assumption of powers of the court (H3) Esiaga v. University of Calabar (2004) 4 KLR (pt. 174) 719; (2004) 7 NWLR (Pt.872) 366

ADMINISTRATIVE LAW - University Authority - Cult system and rampaging acts of students - Should be curbed by the Authority - By suspending perpetrators of evil (H2) Esiaga v. University of Calabar (2004) 4 KLR (pt. 174) 719; (2004) 7 NWLR (Pt.872) 366

AFFIDAVITS - Actions - Limitation of - Date cause of action arose - As alleged by the defence - Need not be contradicted - By filing a counter affidavit (H4) Woherem v. Emeruwa (2004) 7 KLR (pt. 183) 1857; (2004) 13 NWLR (Pt.890) 398

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

AFFIDAVITS - Conclusions - Averments - That are conclusions of the deponent - Should not be relied upon by courts - In disregard to facts - Presented in the other party's affidavit (H2) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

AFFIDAVITS - Conflict - Service of process - Conflicting affidavits on the issue of service - The trial court should call for oral evidence to enable him determine the truth (H11) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

AFFIDAVITS - Conflicting affidavit evidence - In the face of direct conflict on crucial and material facts - The trial judge must call for oral evidence from the parties - Especially where there are no material available to enable the court resolve the differences in the affidavit (H12) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

AFFIDAVITS - Contents of - Should be only statements of facts - Not conclusions and arguments - Which belong to court and counsel (H3) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

AFFIDAVITS - Dispute as to material facts - There existed a dispute in the material facts - Contrary to the holding of the lower court (H1) Adejugbe v. Ologunja (2004) 2 KLR (pt. 173) 561; (2004) 6 NWLR (Pt.868) 46

AFFIDAVITS - Effect in law - Affidavit evidence - Cannot change the law on an issue - As it is evidence and not law (H4) Kraus Thompson Org. v. NIPSS (2004) 5 KLR (pt. 177) 1223; (2004) 17 NWLR (Pt.901) 44

AFFIDAVITS - Facts - Further and better particulars - Of a denied fact - Can be called for - Only by supplying further and better particulars - Of the required fact (H3) Air Via Ltd v. Oriental Airlines (2004) 4 KLR (pt. 175) 975; (2004) 9 NWLR (Pt.878) 298

AFFIDAVITS - Form of - If merely in form of conclusion, argument or objection - It raises no fact which needs be controverted (H4) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

(Pt.880) 50

AFFIDAVITS - Service of process - Affidavit of service - Sworn by the bailiff - Was not sufficient proof of service of process on the 2nd appellant in this case (H9) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

AFFIDAVITS - Service of process - Proof - Affidavit of service - Is best evidence of proof - Under normal circumstance (H10) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

ALIBI - Evidence - Failure to investigate alibi - Will not secure an acquittal - Where evidence pins an accused - To the scene of crime (H2) Ebri v. State (2004) 5 KLR (pt. 179) 1365; (2004) 11 NWLR (Pt.885) 589

ALIBI - Implication of the plea - Is not known to the appellant - And the court's below - Rightly rejected his no serious story about alibi (H3) Sowemimo v. State (2004) 4 KLR (pt. 175) 935; (2004) 11 NWLR (Pt.885) 515

ALIBI - Investigation of - Is necessary - Failure of prosecution to investigate it - Is fatal to its case here - Though it may not be fatal in some other cases (H5) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

ALIBI - Statement to the Police - Shows appellant was present at the scene of crime (H2) Sowemimo v. State (2004) 4 KLR (pt. 175) 935; (2004) 11 NWLR (Pt.885) 515

ALIBI - Time of raising - Apart from not being at the earliest opportunity - There is contradiction - Showing the alibi to be false (H1) Sowemimo v. State (2004) 4 KLR (pt. 175) 935; (2004) 11 NWLR (Pt.885) 515

APPEALS - Abuse of judicial process - Filing an appeal before Supreme Court - And a motion before Court of Appeal - Seeking same reliefs - Is an abuse of judicial process (H1) Agwasim v. Ojichie (2004) 4 KLR (pt. 176) 1121; (2004) 10 NWLR (Pt.882) 613

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

APPEALS - Abuse of process - Motion to re-list struck out appeal - Was rightly struck out - As an appeal on same issue - Was pending before the Supreme Court (H3) Agwasim v. Ojichie (2004) 4 KLR (pt. 176) 1121; (2004) 10 NWLR (Pt.882) 613

APPEALS - Acquittal - Co-accused - Where acquitted on same inextricable evidence - Court of Appeal was bound - To also acquit the appellant (H3) Ebri v. State (2004) 5 KLR (pt. 179) 1365; (2004) 11 NWLR (Pt.885) 589

APPEALS - Actions - Preliminary objection - Creation of states - That made some defendants improper parties - Amendment of those parties before the Supreme Court - Makes the preliminary objection irrelevant (H1) Osasona v. Ajayi (2004) 5 KLR (pt. 177) 1237; (2004) 14 NWLR (Pt. 894) 527

APPEALS - Actions - Preliminary objection - Judgment - Failure of a preliminary objection on appeal - Does not entitle plaintiff to judgment automatically (H8) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

APPEALS - Actions - Venue - Findings of trial court - On issue of residency of respondent - Not appealed against before Court of Appeal - The issue cannot be raised before Supreme Court (H10) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

APPEALS - Armed robbery - Concurrent findings - Against the appellant - Not being perverse - Will not be disturbed (H5) Ukpabi v. State (2004) 6 KLR (pt. 181) 1641; (2004) 11 NWLR (Pt.884) 439

APPEALS - Brief writing - Issues - It is against the practice - For one ground of appeal to be split into two issues - Supreme Court can re-frame the issues (H3) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

APPEALS - Briefs - Cross appeal - Respondent that did not file a cross appeal - Cannot raise a fresh issue - Save by way of preliminary objection (H1) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

APPEALS - Briefs - Issues - Question that fails to properly reflect facts or law in dispute - Should be struck out (H1) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

APPEALS - Briefs - Issues for determination - Should be derived from the grounds of appeal - And arguments should be based on the issues not the grounds (H7) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

APPEALS - Briefs of appeal - Filing time - Contention that brief was filed out of time - Without showing specific dates from the records - Is of no use (H3) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

APPEALS - Briefs of appeal - Record of proceedings - Index thereof - Definition of - A record that contains table of contents - Is not void for not using the expression index in context of O. 7 r. 7 (H1) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

APPEALS - Chieftaincy matters - Concurrent findings - That Oshin is a ruling house - Not being perverse - Will not be disturbed (H5) Fatunbi v. Olanloye (2004) 6 KLR (pt. 182) 1733; (2004) 12 NWLR (Pt.887) 229

APPEALS - Competence of appeal - Date of filing - Interlocutory or final decision - A decision is final - Where the matter will not be brought back to that court - As in this case (H1) Odutola v. Oderinde (2004) 5 KLR (pt. 180) 1487; (2004) 12 NWLR (Pt.888) 574

APPEALS - Concurrent findings - Banking - Loan account - Pleadings and evidence - Did not show how appellants paid the loan they were owing - As rightly found by the courts below (H5) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

APPEALS - Concurrent findings - Borne out from the evidence - Will not be interfered with (H11) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

APPEALS - Concurrent findings - Chieftaincy matters - Where injustice

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

or perverseness was not shown - Concurrent findings will not be disturbed (H2) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

APPEALS - Concurrent findings - Meaning of - Case that passed through three Courts - Same findings of two of the Courts - That are not perverse - Will be upheld by the Supreme Court as concurrent (H6) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

APPEALS - Concurrent findings - Not shown to be perverse - Will not be disturbed (H4) Leadway Assurance Ltd v. Zeco Ltd (2004) 4 KLR (pt. 174) 803; (2004) 11 NWLR (Pt.884) 316

APPEALS - Concurrent findings - Perverse findings of the two lower courts - Will be disturbed by the Supreme Court (H5) Jolayemi v. Alaoye (2004) 5 KLR (pt. 180) 1509; (2004) 12 NWLR (Pt.887) 322

APPEALS - Concurrent findings - Special circumstances - To warrant interference - Were not shown in this case (H5) Otun v. Otun (2004) 7 KLR (pts. 184-186) 2229; (2004) 14 NWLR (Pt.893) 381

APPEALS - Concurrent findings - That were not shown to be perverse - Will not be interfered with (H3) Okelola v. Adeleke (2004) 7 KLR (pts. 184-186) 1923; (2004) 13 NWLR (Pt.890) 306

APPEALS - Concurrent findings - Will not be disturbed - As no miscarriage of justice was occasioned (H3) Aroyewun v. Adediran (2004) 7 KLR (pts. 184-186) 2181; (2004) 13 NWLR (Pt.891) 628

APPEALS - Concurrent findings of lower courts - Where perverse - The Supreme Court can interfere - And give the correct findings - As the evidence in the record show (H13) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

APPEALS - Conviction - Issues - Exhibits - Where the parties in agreement with trial court narrowed down the issues to one - Court of Appeal rightly remitted the case to the High Court - To determine whether 5th defendant - Was the person convicted vide exhibit A (H2) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

APPEALS - Court of Appeal - Briefs - Failure to file brief within time - Will lead to dismissal of the appeal - On respondent's application (H1) Kraus Thompson Org. v. NIPSS (2004) 5 KLR (pt. 177) 1223; (2004) 17 NWLR (Pt.901) 44

APPEALS - Court of Appeal - Dismissal of appeal - For failure to file brief under O. 6 r. 10 CA Rules - Lower court cannot relist the dismissed appeal (H4) Ekpeto v. Wanagho (2004) 12 KLR (pts. 187-188) 2507; (2004) 18 NWLR (Pt.905) 394

APPEALS - Court of Appeal - Dismissal of appeal O. 6 r. 10 CA Rules - Where appellant failed to file brief - Within 60 days, and within 30 days extension - The condition for dismissing the appeal existed (H1) Ekpeto v. Wanagho (2004) 12 KLR (pts. 187-188) 2507; (2004) 18 NWLR (Pt.905) 394

APPEALS - Courts - Issue - Suo motu raising of - By the Court of Appeal - Though wrong - Did not occasion a miscarriage of justice (H4) Odutola v. Oderinde (2004) 5 KLR (pt. 180) 1487; (2004) 12 NWLR (Pt.888) 574

APPEALS - Courts - Issue - Suo motu raising of - Injustice must be shown - To ground a reversal (H6) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

APPEALS - Courts - Suo Motu raising of issue - Without calling parities attention is wrong - But no miscarriage of justice - Was occasioned thereby in this case (H12) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

APPEALS - Courts - Witnesses - Demeanour and Credibility - Appellate court may not interfere - With trial court's findings on issue of credibility of a witness - But will disturb wrongful evaluation of evidence (H7) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

APPEALS - Cross appeal - Leave of court to cross appeal - Where not obtained - Brief based on an incompetent appeal is worthless (H4)

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Sowemimo v. State (2004) 4 KLR (pt. 175) 935; (2004) 11 NWLR (Pt.885) 515

APPEALS - Decisions - Where a decision is found to be perverse - The appellate court is bound to interfere with such a decision - And to set it aside (H9) NEPA v. Osasanya (2004) 1 KLR (pt. 171) 223; (2004) 5 NWLR (Pt.867) 601

APPEALS - Discretion - Equity - Judicial and judicious exercise of discretion - Cannot be based on suppressed facts - But in conformity with the ordinary principles - Otherwise appellate court will interfere (H7) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

APPEALS - Elections - Interpretation of s. 66(1)(H) 1999 Constitution - Being a concurrent finding - Will not be disturbed (H9) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

APPEALS - Error of appellate court - Court of Appeal was in error - In failing to find fault with Federal High Court's action in this case (H6) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

APPEALS - Error of lower court - Public servant - Court of Appeal was in error to hold that the respondents' letter of termination - Were not linked with the exercise of the powers of the Head of State - Under Decree No. 17 of 1984 (H8) NEPA v. Osasanya (2004) 1 KLR (pt. 171) 223; (2004) 5 NWLR (Pt.867) 601

APPEALS - Evidence - Reevaluating the evidence unto reaching a different conclusion - Was properly done by lower court (H3) Royal Ade Ltd v. National Oil PLC (2004) 4 KLR (pt. 174) 781; (2004) 8 NWLR (Pt.874) 206

APPEALS - Extraneous matters - Setting aside lower Court's decision - On the grounds that it considered extraneous matters - May only arise where that consideration influenced that Court's decision (H3) Agbi v. Ibori

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

(2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

APPEALS - Failure to appeal - Award of transport expenses - Granted by trial court - Is still binding upon 2nd defendant - As it did not appeal (H7) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

APPEALS - Fair hearing - Denial of - Is not what happened in this case - It is a matter of voluntary absence from court (H3) Ekpeto v. Wanagho (2004) 12 KLR (pts. 187-188) 2507; (2004) 18 NWLR (Pt.905) 394

APPEALS - Finding of fact - Will not be interfered with by an appellate Court - Save there is ample evidence of lack of evaluation (H7) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

APPEALS - Findings of trial court - That are worse than perverse - Confirmed by lower court - Cannot be defended from available evidence (H9) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

APPEALS - Fresh issue - Of visit to locus in quo - Raised without leave of court - Is incompetent (H5) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

APPEALS - Ground of appeal - Competence of - Omnibus ground in a civil case - Framed as if in a criminal case - Is incompetent (H1) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

APPEALS - Ground of appeal - Contesting an issue - Court of Appeal was wrong - In holding that amount of damages - Was not contested by the defendant (H8) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

APPEALS - Ground of appeal - Not arising from lower court's decision - Was rightly objected to - As no leave was obtained (H11) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

APPEALS - Grounds of appeal - Preliminary objection thereto - Is

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

overruled in this case - For being unfounded (H1) Ferodo v. Ibeto Ind. Ltd. (2004) 2 KLR (pt. 172) 489; (2004) 5 NWLR (Pt.866) 317

APPEALS - Grounds of appeal - Additional ground - That is not seen in the record of proceedings - Will be ignored by Supreme Court (H2) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

APPEALS - Grounds of appeal - Elections - The ground in issue being clear - Preliminary objection against it - Is overruled (H3) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

APPEALS - Grounds of appeal - Ground alleging misdirection - Should be distinct from the one alleging error in law - Overriding consideration - Is whether the ground is clear or vague (H2) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

Appeals - Grounds of appeal - Leave of court - Where leave was not obtained - Questions of facts or mixed law and facts will be struck out (H2) Ferodo v. Ibeto Ind. Ltd. (2004) 2 KLR (pt. 172) 489; (2004) 5 NWLR (Pt.866) 317

APPEALS - Grounds of appeal - Leave of court - Where not secured - Additional grounds argued in the brief - Will be discountenanced (H1) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

APPEALS - Grounds of appeal - Preliminary objection against them - As not emanating from the proceedings - Or for being a fresh point - Is dismissed for being unfounded (H1) Ojo v. Anibire (2004) 5 KLR (pt. 177) 1205; (2004) 10 NWLR (Pt.882) 571

APPEALS - Grounds of appeal - Striking out - Particulars of error - Being incorporated within ground (3) - Court of Appeal was wrong - In suo motu striking it out (H3) Osasona v. Ajayi (2004) 5 KLR (pt. 177) 1237; (2004) 14 NWLR (Pt. 894) 527

APPEALS - Incompetence of issue or defence - The defence raised was

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

incompetent having been abandoned in the court of Appeal - And could only be raised with leave to argue it as a new issue (H1) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

APPEALS - Interference - Actions - Declaratory reliefs - Admission - Witnesses - Where witnesses were called in spite of the admission - Trial court's satisfactory evaluation - Will not be disturbed (H5) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

APPEALS - Interlocutory appeal - Preliminary objection before Court of Appeal - Based on the grounds of appeal, and no leave of court - Is without merit - Since the grounds of appeal - Are based on questions of law (H12) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

APPEALS - Issue - Not decided by the Court of Appeal - Will be remitted by the Supreme Court to that court to be determined - As there is no exceptional circumstance in this case (H4) Osasona v. Ajayi (2004) 5 KLR (pt. 177) 1237; (2004) 14 NWLR (Pt. 894) 527

APPEALS - Issue - Suo motu raising of - Was not done in this case - As the issue in question was raised by the parties (H3) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

APPEALS - Issue - Suo motu raising of by Court of Appeal - If based on the grounds of appeal - Is not fatal (H5) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

APPEALS - Issue - That is not predicated on any ground of appeal - Cannot be considered - Unto disturbing a finding that is not appealed against (H8) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

APPEALS - Issue for determination - Competence of - Contention that issue 2 - Is not derived from any ground of appeal - Is misconceived (H2) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

APPEALS - Issues - Although a court is bound - To consider all the issues properly before it - Failure to do so - Is not fatal in all cases (H5) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

APPEALS - Issues - Courts - Consideration of all issues raised - Should be practised by lower appellate courts - Lest they be overruled on a singular jurisdiction issue (H3) Adah v. NYSC (2004) 7 KLR (pts. 184-186) 2249; (2004) 13 NWLR (Pt.891) 639

APPEALS - Issues - Duty of appellate court - To determine all issues properly raised - Failure to do so may cause miscarriage of Justice - In some cases - And Supreme Court may examine the issue (H11) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

APPEALS - Issues - Emanation of - Must be from the original claims - Argument of counsel - Should emanate from the issues - Not the grounds of appeal (H4) Fatunbi v. Olanloye (2004) 6 KLR (pt. 182) 1733; (2004) 12 NWLR (Pt.887) 229

APPEALS - Issues - Finding of trial court - Not appealed against - Is binding on the court and the parties - Court of Appeal' s mention of it - Does not amount to raising suo motu issue (H4) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

APPEALS - Issues - For purposes of a brief - Any issue that will not affect the result of the appeal - Is not a proper issue (H3) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

APPEALS - Issues - Identity of the land in dispute - Where found not to be in doubt - Any issue raised on the matter of location of the land - Is not relevant (H2) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

APPEALS - Issues - Right of appeal court to consider an issue - The issue of competency of the suit - Should not have been considered by the lower court - As there was no appeal against the judgment - No grounds to

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

support the issue - And no leave to deal with it as a fresh issue (H13) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

APPEALS - Issues - Suo motu summarizing of the issues to be determined - By the Court of Appeal - Within the precincts of the grounds of Appeal - Occasioned no miscarriage of justice (H2) Adejugbe v. Ologunja (2004) 2 KLR (pt. 173) 561; (2004) 6 NWLR (Pt.868) 46

APPEALS - Issues - That where struck out by the court below - Were subsumed in the first issue - Considered by that court (H4) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

APPEALS - Issues for determination - Preliminary Objection raised against them - Is out of place in this case (H5) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

APPEALS - Judgment - Nullity of - Panel of the Court of Appeal - That delivered judgment - Being different from that that heard the appeal - Renders the proceedings a nullity (H2) Ubwa v. Yaweh (2004) 5 KLR (pt. 179) 1387

APPEALS - Judgment appealed against - Whether it is right - Is appellate court's concern - Not the reasons for the judgment (H11) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

APPEALS - Judgments - Absence of a party - On the day of judgment - Will not invalidate the judgment (H4) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

APPEALS - Judgments - Adverse issues arising from judgment - A party who has judgment in his favour - And who has not cross-appealed or taken out a respondent's notice - Is not entitled to raise any adverse issue - Arising from the judgment (H2) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

APPEALS - Judgments - Court of Appeal - For purpose of delivering judgment - Panel of 3 justices - One of whom did not hear the appeal - Is

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

properly constituted (H1) Ubwa v. Yaweh (2004) 5 KLR (pt. 179) 1387

APPEALS - Judgments - Setting aside trial court's judgment by appellate court - Means that the judgment is dismissed - Supreme Court frowns - At move to use technicalities to overshadow justice (H2) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

APPEALS - Jurisdiction - Decision of lower Court - Was not that trial court lacked jurisdiction - But that it made some technical mistakes - In not conforming with s. 157(1) CPC - And the error did not affect exercise of jurisdiction (H10) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

APPEALS - Jurisdiction - Fresh matters - Cannot be raised on appeal - But issue of jurisdiction is exceptional (H4) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

APPEALS - Jurisdiction - Striking out - Where the appeal is incompetent - For want of jurisdiction - It would be struck out - And dismissed (H4) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

APPEALS - Jurisdiction of Supreme Court - To hear appeals - Is not extended to decision of the High Court - But restricted to that of the Court of Appeal (H3) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

APPEALS - Leave - Allegation that leave was not obtained to appeal to Court of Appeal - Will not be taken before Supreme Court for being too late (H4) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

APPEALS - Leave - Ground of appeal - Ground or issue - That was not raised before Court of Appeal - Is not competent before the Supreme Court - Without leave (H1) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

APPEALS - Master & Servant - Irresponsibility - Concurrent findings - Of

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

acts of irresponsibility against appellant - Is the case here (H1) Arinze v. First Bank (2004) 5 KLR (pt. 178) 1319; (2004) 12 NWLR (Pt.888) 663

APPEALS - Merit - Issue - That speculates on non existent events - Must fail - And appeals that lack merit - Will be entirely dismissed (H13) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

APPEALS - Merit - Pronouncement of lower court - On repugnancy of custom - Does not affect the merit of this case (H8) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

APPEALS - Miscarriage of justice - Meaning of - To conclude that miscarriage of justice occurred - Is not based on whether a different result - Would have been reached (H2) Ojo v. Anibire (2004) 5 KLR (pt. 177) 1205; (2004) 10 NWLR (Pt.882) 571

APPEALS - Misconception - Banking - Jurisdiction of Federal Revenue Court - As considered in Jammal and Bronik cases - Was misconceived by the Court of Appeal in this case (H1) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

APPEALS - Misdirection - Where the judgment is right - But the reasons are wrong - Appellate court will not interfere (H6) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

APPEALS - Murder - Concurrent findings - That convicted appellant - Will not be disturbed (H4) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

APPEALS - Nonsuit - Burden is on plaintiff to prove - That trial judge ought to have entered a nonsuit - Dismissal was rightly entered in the present case (H8) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

APPEALS - Objection - Question that ought be raised as objection - In the course of trial - Is incompetent before the Supreme Court (H11) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

APPEALS - Pronouncement - By an appellate Court - Can only be made - In respect of a decision of the lower Court - And not in respect of a question that was not decided (H8) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

APPEALS - Re-listing of appeal - Court of Appeal Rules O.6 r . 10 - Appeal dismissed under this rule - Cannot be re-listed or revived by any court (H2) Kraus Thompson Org. v. NIPSS (2004) 5 KLR (pt. 177) 1223; (2004) 17 NWLR (Pt.901) 44

APPEALS - Res judicata - Where raised in the briefs of appeal - Instead of the pleadings - It will be disregarded (H1) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

APPEALS - Retrial - Jurisdiction - Where trial High Court lacked jurisdiction - The action will be commenced de novo - Before the Federal High Court (H6) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18 NWLR (Pt.905) 416

APPEALS - Retrial - Ordered by lower court - Is proper (H5) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

APPEALS - Retrial - Trespass - Failure to prove the case - Leads to dismissal of a plaintiff's case - And retrial will not be ordered (H8) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

APPEALS - Retrial order - Will not be made by appellate court - Where plaintiff's case has completely failed (H10) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

APPEALS - Reversal - Error of lower courts - In failing to appreciate the proper issue to decide - Will lead to reversal of their decision (H6) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

APPEALS - Rules - Objection - Extension of time to appeal - Granted by high court registrar - Is not provided for under the rules - Appellants are

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

entitled to object as the granted extension is void ab initio (H1) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

APPEALS - Rules of court - Grounds of appeal - Vagueness of - Justified their being struck out - By the Court of Appeal - For not complying with O.3 r .2 (4) Court of Appeal Rules (H2) Osasona v. Ajayi (2004) 5 KLR (pt. 177) 1237; (2004) 14 NWLR (Pt. 894) 527

APPEALS - Rules of court - Noncompliance with the Rules - Statutory interpretation - O.7 r. 3 being a general provision - Will not apply to undermine the effect of O.6 r. 10 being a specific provision (H3) Kraus Thompson Org. v. NIPSS (2004) 5 KLR (pt. 177) 1223; (2004) 17 NWLR (Pt.901) 44

APPEALS - SUPREME Court - Fresh point - Where sought to be raised - Leave must be obtained - The issues must be substantial - And further evidence will not be required (H2) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

APPEALS - Supreme Court - Has Jurisdiction to make necessary findings - In appropriate cases where the trial court failed to do so (H6) Ibrahim v. Ojomo (2004) 1 KLR (pt. 171) 365; (2004) 4 NWLR (Pt.862) 89

APPEALS - Trade marks - Concurrent findings - That only the word "Ferodo" is the registered trade mark - Without including colours and graphic designs - Is upheld by the supreme court (H7) Ferodo v. Ibeto Ind. Ltd. (2004) 2 KLR (pt. 172) 489; (2004) 5 NWLR (Pt.866) 317

APPEALS - Witnesses - Hostile witness s. 207 E.A. - Plaintiffs' failure at trial - To treat PW3's contrary evidence as hostile - Cannot be corrected on appeal (H3) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

ARBITRATION - Customary Law - Oath-taking - Arbitration - Resiling from - Appellants cannot resile from the oath-taking - They were instrumental to (H3) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

ARMED ROBBERY - Appeals - Concurrent findings - Against the appellant - Not being perverse - Will not be disturbed (H5) Ukpabi v. State (2004) 6 KLR (pt. 181) 1641; (2004) 11 NWLR (Pt.884) 439

ARMED ROBBERY - Identification parade - Is not the issue here - But a matter of spontaneous recognition - That is not mistaken (H3) Ukpabi v. State (2004) 6 KLR (pt. 181) 1641; (2004) 11 NWLR (Pt.884) 439

ARMED ROBBERY - Recognition of the accused - The robbery victim in this case - Had enough courage and time - To observe the accused with his lameness (H1) Ukpabi v. State (2004) 6 KLR (pt. 181) 1641; (2004) 11 NWLR (Pt.884) 439

BANKING - Jurisdiction - Federal High Court - S. 251(1) (d) of the 1999 Constitution - Gives that court exclusive jurisdiction - In all banking transactions - Subject to the proviso in that section (H3) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

BANKING - Courts - Jurisdiction - Absence of bank/customer relationship in this case - Confers jurisdiction only on the Federal High Court under s. 251 (1) (d) 1999 constitution (H3) Societe Bancaire (Nig) Ltd v. Margarida Salvado De Lluch (2004) 12 KLR (pts. 187-188) 2451; (2004) 18 NWLR (Pt.905) 341

BANKING - Debt - Limitation of actions - Recovery of debt - Has 6 years limitation period - So that the present action - Is not statute barred (H5) Union Bank Plc v. Umeoduagu (2004) 7 KLR (pt. 183) 1839; (2004) 13 NWLR (Pt.890) 352

BANKING - Documents - Oral evidence - Is inadmissible in this case - To neutralise appellant's commitment vide Exhibit P13 - To pay a debt on behalf of its customer (H3) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

BANKING - Guarantee - Debt - Parties - Principal debtor has to default before liability - In some cases - But in the present case - Appellant as guarantor is solely liable (H5) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

BANKING - Jurisdiction - Federal High Court - Constitution - Proviso to S. 251(1) (d) of the 1999 Constitution - Grants concurrent jurisdiction to State High Courts - In individual customer & bank, transaction - Without taking away Federal High Court's jurisdiction (H6) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

BANKING - Jurisdiction - Federal High Court - Failed bank matters - Supremacy of the Constitution - Renders Decrees that give that court - Exclusive jurisdiction in all failed bank cases - Inconsistent to an extent (H9) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

BANKING - Jurisdiction - Negligence - Duty of care claim - Is still a matter pertaining to banking (H2) Societe Bancaire (Nig) Ltd v. Margarida Salvado De Lluch (2004) 12 KLR (pts. 187-188) 2451; (2004) 18 NWLR (Pt.905) 341

BANKING - Loan account - Concurrent findings - Pleadings and evidence - Did not show how appellants paid the loan they were owing - As rightly found by the courts below (H5) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

BANKING - Negligence - Duty of care - Arises when there is a foreseeable injury - That can be avoided (H1) Societe Bancaire (Nig) Ltd v. Margarida Salvado De Lluch (2004) 12 KLR (pts. 187-188) 2451; (2004) 18 NWLR (Pt.905) 341

BANKING - Pleadings - Interest rate - Unilateral increase thereof - Not supported by any pleading - Is resolved against the defendant (H7) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

BANKING - Remittance of funds - Cause of action - When it arose in this case - Was when respondent discovered where his money - Meant to be remitted abroad - Was wrongfully kept (H4) Union Bank Plc v. Umeoduagu (2004) 7 KLR (pt. 183) 1839; (2004) 13 NWLR (Pt.890) 352

BANKING - Remittance of funds - Cause of action - Failure to remit

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

respondent's funds overseas - Gives him right of action (H3) Union Bank Plc v. Umeoduagu (2004) 7 KLR (pt. 183) 1839; (2004) 13 NWLR (Pt.890) 352

BANKING - Special damages - Evidence - Claim of great loss - Where based on approximation and expression of opinion - Without factual unassailable evidence - The claim will fail (H3) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

CARRIAGE OF GOODS - Report of loss - Evidence - Courts - Uncontradicted evidence - That plaintiff reported its loss to defendant - Within the 21 days contractual term - Was rightly acted upon by the trial court (H3) Leadway Assurance Ltd v. Zeco Ltd (2004) 4 KLR (pt. 174) 803; (2004) 11 NWLR (Pt.884) 316

CARRIAGE OF GOODS - Special damages - Proof of - Awards made in respect of the goods - Mere evidence of loss of the goods - Is not admissible - As proof of special damages (H4) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

CHIEFTAINCY MATTERS - Actions - Jurisdiction - Present suit is not a chieftaincy dispute - As to raise the issue of jurisdiction (H2) Aroyewun v. Adediran (2004) 7 KLR (pts. 184-186) 2181; (2004) 13 NWLR (Pt.891) 628

CHIEFTAINCY MATTERS - Actions - Justiciability of - Cause of action that accrued before 1979 - When court's jurisdiction was ousted - Cannot be justiciable in 1988 (H3) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

CHIEFTAINCY MATTERS - Appeals - Concurrent findings - That Oshin is a ruling house - Not being perverse - Will not be disturbed (H5) Fatunbi v. Olanloye (2004) 6 KLR (pt. 182) 1733; (2004) 12 NWLR (Pt.887) 229

CHIEFTAINCY MATTERS - Appointment - Claim by plaintiff - That he was appointed chief - Without proving it - Will be dismissed (H5) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

CHIEFTAINCY MATTERS - Appointment - Exhibit - That appointed 1st respondent as Chief - Allegation that it is contrary to Chiefs law - Is not substantiated (H6) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

CHIEFTAINCY MATTERS - Chiefs Law of Ekiti State - Appointment of Edemo of Ado Ekiti - The Elerebi was a mere messenger and adviser to the Ewi of Ado Ekiti - Who could ignore his advice and act on his own (H7) Adejugbe v. Ologunja (2004) 2 KLR (pt. 173) 561; (2004) 6 NWLR (Pt.868) 46

CHIEFTAINCY MATTERS - Council of chiefs - Order of court - Does not derogate from the law - That requires Governor - To consult the council - Before approving an Emir elect (H7) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

CHIEFTAINCY MATTERS - Disputes - S. 13(4) Chiefs Law of Ekiti State - Jurisdiction to settle disputes arising from the appointment of a person into common chieftaincy - The Ewi of Ado Ekiti rightly conducted an election to settle the dispute (H6) Adejugbe v. Ologunja (2004) 2 KLR (pt. 173) 561; (2004) 6 NWLR (Pt.868) 46

CHIEFTAINCY MATTERS - Evidence - Chief's jurisdiction - Facts in this case - Show that the new settlement founded by 1st appellant - Is still under the 1st respondent's chieftaincy - As the only recognized Chief (H1) Aroyewun v. Adediran (2004) 7 KLR (pts. 184-186) 2181; (2004) 13 NWLR (Pt.891) 628

CHIEFTAINCY MATTERS - Evidence - Production of candidates - For a chieftaincy stool - Is exclusive for appellants' family - As proved by pleadings and evidence (H2) Jolayemi v. Alaoye (2004) 5 KLR (pt. 180) 1509; (2004) 12 NWLR (Pt.887) 322

CHIEFTAINCY MATTERS - Evidence - Ruling house - Existence of Oshin ruling house - From which 1st respondent was appointed as chief - Is in existence - Contrary to appellants' contention (H2) Fatunbi v. Olanloye (2004) 6 KLR (pt. 182) 1733; (2004) 12 NWLR (Pt.887) 229

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

CHIEFTAINCY MATTERS - Jurisdiction - Statutes in issue - Were not violated by the claim (H6) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

CHIEFTAINCY MATTERS - Jurisdiction - To settle disputes arising from appointment of persons - Into minor chieftaincy, s. 13(4) Chiefs Law of Ekiti State - The Ewi of Ado Ekiti did not exceed his jurisdiction - By intervening to settle the dispute (H5) Adejugbe v. Ologunja (2004) 2 KLR (pt. 173) 561; (2004) 6 NWLR (Pt.868) 46

CHIEFTAINCY MATTERS - Justiciability - Chieftaincy matter - That is not justiciable - Commission of Inquiry - Set up to investigate the dispute - Did not occasion a fresh cause of action - Redressible in court (H4) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

CHIEFTAINCY MATTERS - Locus standi - Can be available to a ruling house - The principle in Momoh's case - Does not apply to this case (H1) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

CHIEFTAINCY MATTERS - Locus standi - Cause of action - Representative action on behalf of a ruling house - Whether there is a reasonable cause of action - Is the matter in this case (H4) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

CHIEFTAINCY MATTERS - Locus standi - Grievance of a ruling house - Forms a basis for representative action (H2) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

CHIEFTAINCY MATTERS - Quorum for selection - Admission - Two exhibits in this case - Show that appellants admitted - That 3 kingmakers constitute a quorum - And what is admitted needs on further proof (H3) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

CHIEFTAINCY MATTERS - Representative action - On behalf of a ruling house - The real plaintiff should be seen as the ruling house - Not the

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

individuals (H5) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

CHIEFTAINCY MATTERS - Selection of Emir - Validity of - Governor's directive in exhibit NB/2 - Was not violated - In the selection of 1st respondent as Emir (H1) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

CHIEFTAINCY MATTERS - Tradition - Appointment of Chief - Where a particular family - Has produced the chief for past 63 years - Any attempt to change the tradition - Will disturb the peace - Given the circumstances of this case (H4) Jolayemi v. Alaoye (2004) 5 KLR (pt. 180) 1509; (2004) 12 NWLR (Pt.887) 322

CHIEFTAINCY MATTERS - Vested right - Selection of 1st respondent by the kingmakers - Though Governor's approval was not acquired - He has a vested right in the emirate (H6) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

COMPANY LAW - Actions - Corporation - Residence of - For purpose of determining venue of court action - Is the place of its central management - Which for a University is the main campus - not the Liaison Office (H8) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

COMPANY LAW - Actions - Originating process - Service on a corporate body or statutory corporation - Can only be given to any director, etc. - Or by leaving it at its registered or head office (H9) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

COMPANY LAW - Court processes - Service of originating processes - Service on a company - Must be at the registered office of the company - And it is bad and ineffective - If it is done at a branch office of the company (H7) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

COMPANY LAW - Provisional liquidator - Appointment of - When to appoint depends on the facts - But why, is that he will preserve the

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

company's assets - Pending the outcome of the winding-up petition (H1) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

COMPANY LAW - Provisional liquidator - Court's appointment of - Should be with circumspection - On clear facts that a winding-up petition - Is likely to succeed (H6) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

COMPANY LAW - Provisional liquidator - Is not automatically appointed - Merely because a petition has been filed - Petitioner should particularize his allegations - Or respondent won't have any facts to respond to (H5) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

COMPANY LAW - Provisional liquidator - Procedure for appointment of - Is clear under the law - Injunctive and preservation orders - Not based on facts - Are wrong in law (H9) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

COMPANY LAW - Winding-up petition - On ground of inability to pay debt - Disputation of the debt vide counterclaim - Is not frivolous but sufficient (H4) Air Via Ltd v. Oriental Airlines (2004) 4 KLR (pt. 175) 975; (2004) 9 NWLR (Pt.878) 298

COMPANY LAW - Winding-up petition - Propriety of - Where the ground is alleged inability to pay debt - Issue of the indebtedness - Cannot be separated - From the propriety of the action (H5) Air Via Ltd v. Oriental Airlines (2004) 4 KLR (pt. 175) 975; (2004) 9 NWLR (Pt.878) 298

COMPANY LAW - Winding-up petition - Triable issue raised in the petition - Is not a ground for sustaining it - Where the debt is disputed (H6) Air Via Ltd v. Oriental Airlines (2004) 4 KLR (pt. 175) 975; (2004) 9 NWLR (Pt.878) 298

CONFLICT OF LAWS - Constitution - Supremacy of - Jurisdiction of Federal High court - Decrees that are in conflict with the Constitution - Are not void - But should be read in the light - Consistent with the Constitution

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

(H10) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

CONFLICT OF LAWS - Customary law - Possession of land - Oath-taking - Being a recognized customary arbitration - Has settled this land dispute - Common law is not applicable (H4) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

CONSTITUTIONAL LAW - Banking - Jurisdiction - Banking - Federal High Court - Failed bank matters - Supremacy of the Constitution - Renders Decrees that give that court - Exclusive jurisdiction in all failed bank cases - Inconsistent to an extent (H9) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

CONSTITUTIONAL LAW - Chapter II 1999 Constitution - Justiciability - By a joint reading of s. 15 (5) and item 60 (a) of the exclusive legislative list - Chapter 2 becomes clearly and obviously justiciable (H6) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CONSTITUTIONAL LAW - Conflict of laws - Supremacy of the Constitution - Jurisdiction of Federal High court - Decrees that are in conflict with the Constitution - Are not void - But should be read in the light - Consistent with the Constitution (H10) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

CONSTITUTIONAL LAW - Courts - Fundamental Rights - Court with jurisdiction - The Federal High Court and the high court of a state have concurrent Jurisdiction (H1) Jack v. Uniagric (2004) 1 KLR (pt. 171) 349; (2004) 5 NWLR (Pt.865) 208

CONSTITUTIONAL LAW - Courts - Jurisdiction - Banking - Federal High Court - Constitution - Proviso to S. 251(1) (d) of the 1999 Constitution - Grants concurrent jurisdiction to State High Courts - In individual customer & bank, transaction - Without taking away Federal High Court's jurisdiction (H6) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

CONSTITUTIONAL LAW - Courts - Orders - Constitutional law - Parties

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

- Order of Federal High Court - That conflicts with prior State High Court Order - Shows lack of caution - As we operate one Constitution - And the parties cannot obey the respective orders (H3) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

CONSTITUTIONAL LAW - Courts - Technicalities - Should be avoided in interpreting the Constitution - Unto determining the real controversy (H2) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

CONSTITUTIONAL LAW - Creation of local government areas - Need to read and interpret together - All the relevant sections of the Constitution (H3) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

CONSTITUTIONAL LAW - Creation of local government areas - Passing of a bill by a State Legislature - Without the National Assembly passing the appropriate Act - Under ss. 8 (3) & (5) and 3 (6) of the 1999 Constitution - Makes the bill inchoate and lifeless (H4) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

CONSTITUTIONAL LAW - Creation of Local government areas - The words `area' or `council' - Are used interchangeably within the 1999 Constitution - In a manner different from their use - In the 1979 Constitution (H1) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

CONSTITUTIONAL LAW - Creation of new local government areas - Power to pass a bill lies with the State Assembly - Which shall make a return to the National Assembly - Section 8 (3) & (5) of the 1999 Constitution (H6) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

CONSTITUTIONAL LAW - Elections - Jurisdiction - Presidential Election Tribunal - Has original jurisdiction under s. 239(1) of the 1999 Constitution - Which does not include matters constitutionally assigned -To state or federal high courts (H1) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143;

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

(2004) 9 NWLR (Pt.877) 144

CONSTITUTIONAL LAW - Elections - Office of the President of Nigeria - Process of electing the President - Is as provided in s. 132 of 1999 Constitution (H4) Ojukwu v. Obasanjo (2004) 7 KLR (pts. 184-186) 2055; (2004) 12 NWLR (Pt.886) 169

CONSTITUTIONAL LAW - Elections - Presidential election - Office - Definition of - Qualification on ground of not having been elected - At any two previous elections - Is only in respect of elections conducted under the 1999 Constitution (H5) Ojukwu v. Obasanjo (2004) 7 KLR (pts. 184-186) 2055; (2004) 12 NWLR (Pt.886) 169

CONSTITUTIONAL LAW - Fair hearing - Absence of - Vitiates the proceedings - It demands that court be fair and impartial (H2) Ekpeto v. Wanagho (2004) 12 KLR (pts. 187-188) 2507; (2004) 18 NWLR (Pt.905) 394

CONSTITUTIONAL LAW - Fair hearing - Pleadings - Court to limit itself - To issues raised in the pleadings - As to go outside them is denial of fair hearing (H4) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

CONSTITUTIONAL LAW - Fair hearing - "Suspension" - Administrative law - The term suspension means waiting until a certain event takes place - So that an investigating body - Was yet to be set up to hear the appellant (H1) Esiaga v. University of Calabar (2004) 4 KLR (pt. 174) 719; (2004) 7 NWLR (Pt.872) 366

CONSTITUTIONAL LAW - Federalism - Australian Constitution - The interpretation of the Australian federal system - Cannot be the basis for the interpretation of the Nigerian Constitution (H13) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CONSTITUTIONAL LAW - Federalism - Concurrent legislative power - Power to legislate in order to prohibit corrupt practices and Abuse of power - Is concurrent and can be exercised by the federal and state

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

governments (H10) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CONSTITUTIONAL LAW - Federalism - Legislative powers of the National Assembly - By virtue of item 60(a) - Are extended beyond the federation - To cover "any part thereof" (H7) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CONSTITUTIONAL LAW - Federation account - For a state to receive funds - Under s. 162 (3) & (5) of the 1999 Constitution - There must be local government councils - That are legal and constitutional (H7) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

CONSTITUTIONAL LAW - Fundamental Rights - Freedom from discrimination - Concept of slavery can no longer be tolerated in our modern society - It is the duty of the court to strike down any attempt to practice such discrimination (H3) Adejugbe v. Ologunja (2004) 2 KLR (pt. 173) 561; (2004) 6 NWLR (Pt.868) 46

CONSTITUTIONAL LAW - Interpretation - A dead Constitution cannot be resuscitated - For the purpose of interpreting a current Constitution - To give birth to an implied term (H3) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CONSTITUTIONAL LAW - Interpretation - Judicial precedents - Courts - The judge is bound to interpret the provisions as laid down - Whether they agree with ideal principles of federalism or not - As was done in A-G Ondo State v. A-G Federation (H1) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CONSTITUTIONAL LAW - Interpretation - S. 15 (5) 1999 Constitution - It is the Federal Republic of Nigeria as a state - That is looked upon to take steps to abolish all corrupt practices and abuse of power (H12) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CONSTITUTIONAL LAW - Jurisdiction - Banking - Courts - Absence of bank/customer relationship in this case - Confers jurisdiction only on the

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Federal High Court under s. 251 (1) (d) 1999 constitution (H3) Societe Bancaire (Nig) Ltd v. Margarida Salvado De Lluch (2004) 12 KLR (pts. 187-188) 2451; (2004) 18 NWLR (Pt.905) 341

CONSTITUTIONAL LAW - Jurisdiction - Counterclaim - Extent of parties' legal rights - Being the dispute here - The Supreme Court has jurisdiction (H5) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

CONSTITUTIONAL LAW - Legislative power of the National Assembly - ICPC Act 2000 - By virtue of item 60(a) of the Exclusive legislative list - The National Assembly has the power to enact the ICPC Act 2000 (H8) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CONSTITUTIONAL LAW - Legislative Powers of the National Assembly - The Constitution confers powers on the National Assembly - To make laws with respect to offences arising from - Connected with or pertaining to corrupt practices and abuse of power (H15) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CONSTITUTIONAL LAW - Legislative Powers of the National Assembly - It has power to enact ss. 9 (1) (a), 9 (1) and 26 (1) (c) - Of the Corrupt Practices and Related Offences Act 2000 (H16) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CONSTITUTIONAL LAW - Legislative Powers of the National Assembly - It has no power to enact s. 26 (3) of the Corrupt Practices and Related Offences Act 2000 - As it is ultra vires its powers (H17) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CONSTITUTIONAL LAW - Local government areas - Federation account s. 162 (3) & (5) 1999 Constitution - Qualification to receive funds - Lagos State laws on local government creation - Though valid cannot yet be operative - Without implementation of s. 8 (5) of the Constitution (H7) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

CONSTITUTIONAL LAW - "Notwithstanding anything to the contrary" - Used in s. 251(1) of the 1999 Constitution - Is to ensure that no other provision - Shall undermine that section (H4) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

CONSTITUTIONAL LAW - Separation of powers - Federation account - Powers of the President - Can only be those granted by the Constitution - And any dispute should be brought before the courts (H8) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

CONSTITUTIONAL LAW - Status - Elections - Statute that seeks to disqualify election candidate - Ought to be interpreted strictly - As properly done by the Court of Appeal (H7) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

CONSTITUTIONAL LAW - Statutes - Interpretation - Where a constitutional provision is clear and unambiguous - The court cannot read into the provision an implied term (H2) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CONSTITUTIONAL LAW - "Subject to" - Used in S. 272 of the 1999 Constitution - Means subordinate, inferior to - Implying that what the section is subject to - Shall govern, control and prevail (H5) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

CONSTITUTIONAL LAW - Jurisdiction - Banking - Federal High Court - S. 251(1) (d) of the 1999 Constitution - Gives that court exclusive jurisdiction - In all banking transactions - Subject to the proviso in that section (H3) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

CONTEMPT OF COURT - Jurisdiction - Contempt of court issue - That arose while issue of jurisdiction was being considered - Was rightly handled first as both issues were separate (H3) Ebhodaghe v. Okoye (2004) 12 KLR (pts. 187-188) 2389; (2004) 18 NWLR (Pt.905) 242

CONTEMPT OF COURT - Publication - That needed further investigation

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

- As to whether contemptuous - Does not make issue of contempt central at that stage (H2) Ebhodaghe v. Okoye (2004) 12 KLR (pts. 187-188) 2389; (2004) 18 NWLR (Pt.905) 242

CONTRACTS - Actions - Claim - Proof - Quantum meruit - Is not substantiated - The claim being defective - Was not proved at all (H8) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

CONTRACTS - Actions - Debt - Allegation of indebtedness - Could be answered in four methods - Respondent's answer here being a denial - Amounts to disputing the debt (H2) Air Via Ltd v. Oriental Airlines (2004) 4 KLR (pt. 175) 975; (2004) 9 NWLR (Pt.878) 298

CONTRACTS - Agreement to marry - Premarital gifts - Cannot be predicated on a contract to marry - Parties must be ad idem in respect of any collateral transaction - Relating to the intended marriage (H11) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

CONTRACTS - Agreement to marry - Premarital gifts - When they may qualify as gifts in furtherance of an agreement to marry (H12) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

CONTRACTS - Courier service - Negligence - Duty of care - Failure to deliver mail correctly - May cause damage to the respondent recipient - Who is a third party (H2) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

CONTRACTS - Damages - Quantum meruit - Repudiatory breach of the contract - Grants right to sue for damages - Or sue for value of the services rendered - On a quantum meruit (H2) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

CONTRACTS - Guarantee - Debt - Parties - Principal debtor has to default before liability - In some cases - But in the present case - Appellant as guarantor is solely liable (H5) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

CONTRACTS - Guarantee - Exhibit P13 being in the form of a guarantee - Is binding on the appellant (H4) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

CONTRACTS - Legal Practitioners - Withdrawal of brief - Quantum meruit claim - Is not supported by the reliefs sought - As the claim is more like one for damages - For breach of contract - Which cannot stand in the circumstances (H7) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

CONTRACTS - Quantum meruit - Claimed by a legal practitioner - Need to provide parameters and necessary evidence - And a bill of charges - That should particularize his fees (H4) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

CONTRACTS - Quantum meruit - Repudiatory breach of the contract - Grants right to sue for damages - Or sue for value of the services rendered - On a quantum meruit (H2) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

CONTRACTS - Quantum meruit claim - How assessed - Need for the claim to be actually based on quantum meruit - How quantum meruit is regarded (H3) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

CONTRACTS - Termination - Legal practitioners - Withdrawal of brief from one's lawyer - Without justification - Is a breach of the contract of service (H1) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

CONTRACTS - Torts - Negligence - Duty of care - Can be imposed by law - Or created by contract (H1) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

CONVICTION - Confession - Conviction - That was based on an indivisible confession - Will be set aside (H4) Nsofor v. State (2004) 12 KLR (pts. 187-188) 2413; (2004) 18 NWLR (Pt.905) 292

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

CONVICTION - Court Martial - Restitution of stolen property - Does not apply to appellant - As he was not convicted of stealing (H7) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

CONVICTION - Courts - Confessional statements - Fact as to whether made - Not founded upon by the two lower courts - Reliance on overruled cases - And on a victim's evidence - Will ground quashing of appellants' conviction (H11) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

CONVICTION - Justification of - Proof - Allegations and counts against respondent - Being not proved by evidence - His conviction is not justified (H7) State v. Onyeukwu (2004) 7 KLR (pt. 183) 1875; (2004) 14 NWLR (Pt.893) 340

CONVICTION - Murder - Admission by appellant - Should be evidence only against him - Thereby making issue of conspiracy in this case irrelevant (H6) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

CONVICTION - Murder - Concurrent findings - That convicted appellant - Will not be disturbed (H4) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

CONVICTION - Murder - First appellant was rightly convicted - Based on his confessional statement (H2) Nsofor v. State (2004) 12 KLR (pts. 187-188) 2413; (2004) 18 NWLR (Pt.905) 292

CORROBORATION - Armed robbery - Recognition of the accused by the victim - And statement of accused to Police - All implicated him (H4) Ukpabi v. State (2004) 6 KLR (pt. 181) 1641; (2004) 11 NWLR (Pt.884) 439

COURT MARTIAL - Actions - Waiver - Appellant's failure to object - To composition of the court - Is a waiver of that right (H3) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

COURT MARTIAL - Composition of - Armed Forces Act 1993 s. 129 - Liaison officer - Meaning of - Absence of Liaison officer and waiting member - Does not nullify the trial (H1) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

COURT MARTIAL - Confessional statement - Trial within trial - As to examine a confessional statement - Will not arise - As the witness failed to show use of force (H6) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

COURT MARTIAL - Oath taking - By members before commencement of trial - Is not in respect of every case - As oath taking at commencement of daily proceedings - Is enough (H4) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

COURT MARTIAL - Power to convene - Can be delegated by the appropriate superior authority - To a senior officer - As was done in this case (H5) State v. Onyeukwu (2004) 7 KLR (pt. 183) 1875; (2004) 14 NWLR (Pt.893) 340

COURT MARTIAL - Words & phrases - "Waiting" - The waiting officer is not a member of the court (H2) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

COURTS PROCESSES - Company - Actions - Originating process - Service on a corporate body or statutory corporation - Can only be given to any director, etc. - Or by leaving it at its registered or head office (H9) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

COURT PROCESSES - Fees - Filing fees payment - Is mandatory for court to have jurisdiction - Where not paid in respect of additional reliefs - The reliefs will be struck out (H3) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

COURT PROCESSES - Fees - Waiver - Claim - Amendment of - Without leave, and without payment of court fees - Not being raised before trial court - The issues are deemed to be waived (H9) Jikantoro v. Dantoro

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

(2004) 5 KLR (pt. 178) 1331

COURT PROCESSES - Filing - Appeals - Briefs of appeal - Filing time - Contention that brief was filed out of time - Without showing specific dates from the records - Is of no use (H3) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

COURT PROCESSES - Filling - Documents that are not before the court - Cannot be speculated upon - And the court is entitled to proceed without them (H5) Ekpeto v. Wanagho (2004) 12 KLR (pts. 187-188) 2507; (2004) 18 NWLR (Pt.905) 394

COURT PROCESSES - Service of originating processes - Proof of - Service of process is very fundamental - To the issue of the jurisdiction and competence of the court to adjudicate (H6) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

COURT PROCESSES - Service of originating processes - Service on a company - Must be at the registered office of the company - And it is bad and ineffective - If it is done at a branch office of the company (H7) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

COURT PROCESSES - Service of process - Affidavit of service - Sworn by the bailiff - Was not sufficient proof of service of process on the 2nd appellant in this case (H9) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

COURT PROCESSES - Service of process - Condition sine qua non for exercise of jurisdiction - Where the defendant claims non service of originating process - And proves same - The judgment entered against him is a nullity - And can be set aside by the court (H4) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

COURT PROCESSES - Service of process - Conflicting affidavits on the issue of service - The trial court should call for oral evidence to enable him determine the truth (H11) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

COURT PROCESSES - Service of process - On a company - Procedure for due service - Procedure for substituted service cannot be made to a corporation (H8) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

COURT PROCESSES - Service of process - Proof - Affidavit of service - Is best evidence of proof - Under normal circumstance (H10) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

COURT PROCESSES - Service of process - Substituted service - On a natural person - When it can be ordered - Procedure for applying for such substituted service (H10) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

COURTS - Actions - Abuse of court process - Legal practitioners may lose sight of it - But the court should be cautious (H4) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

COURTS - Actions - Claims - Relief that was not claimed - Should not be granted by court (H4) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

COURTS - Actions - Competence to adjudicate - Includes having jurisdiction over the subject matter (H2) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18 NWLR (Pt.905) 416

COURTS - Actions - Declaratory reliefs - Grant of - By trial court - Shall not be based on default of defence - Or on admission (H4) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

COURTS - Actions - Justiciability of - Cause of action that accrued before 1979 - When court's jurisdiction was ousted - Cannot be justiciable in 1988 (H3) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

COURTS - Actions - Limitation of - Facts to be relied on - Should not touch the merits of the suit - In a preliminary objection (H6) Woherem v. Emeruwa (2004) 7 KLR (pt. 183) 1857; (2004) 13 NWLR (Pt.890) 398

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

COURTS - Actions - Limitation of - Statute-bar - Courts - Reliance on the defence - In holding that the action is statute-barred - Is not justified (H3) Woherem v. Emeruwa (2004) 7 KLR (pt. 183) 1857; (2004) 13 NWLR (Pt.890) 398

COURTS - Actions - Locus standi - Error of lower courts - In failing to appreciate the proper issue to decide - Will lead to reversal of their decision (H6) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

COURTS - Actions - Preliminary objection - Parties and the court - Must refrain from the merit of the matter (H1) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

COURTS - Appeals - Award of transport expenses - Granted by trial court - Is still binding upon 2nd defendant - As it did not appeal (H7) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

COURTS - Appeals - Concurrent findings - Meaning of - Case that passed through three Courts - Same findings of two of the Courts - That are not perverse - Will be upheld by the Supreme Court as concurrent (H6) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

COURTS - Appeals - Extraneous matters - Setting aside lower Court's decision - On the grounds that it considered extraneous matters - May only arise where that consideration influenced that Court's decision (H3) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

COURTS - Appeals - Issue - Suo motu raising of - Injustice must be shown - To ground a reversal (H6) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

COURTS - Appeals - Issue - Suo motu raising of by Court of Appeal - If based on the grounds of appeal - Is not fatal (H5) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

COURTS - Appeals - Issues - Although a court is bound - To consider all the issues properly before it - Failure to do so - Is not fatal in all cases (H5) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

COURTS - Appeals - Issues - Consideration of all issues raised - Should be practised by lower appellate courts - Lest they be overruled on a singular jurisdiction issue (H3) Adah v. NYSC (2004) 7 KLR (pts. 184-186) 2249; (2004) 13 NWLR (Pt.891) 639

COURTS - Appeals - Issues - Finding of trial court - Not appealed against - Is binding on the court and the parties - Court of Appeal' s mention of it - Does not amount to raising suo motu issue (H4) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

COURTS - Appeals - Judgment - Nullity of - Panel of the Court of Appeal - That delivered judgment - Being different from that that heard the appeal - Renders the proceedings a nullity (H2) Ubwa v. Yaweh (2004) 5 KLR (pt. 179) 1387

COURTS - Appeals - Pronouncement - By an appellate Court - Can only be made - In respect of a decision of the lower Court - And not in respect of a question that was not decided (H8) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

COURTS - Appeals - Retrial - Jurisdiction - Where trial High Court lacked jurisdiction - The action will be commenced de novo - Before the Federal High Court (H6) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18 NWLR (Pt.905) 416

COURTS - Appeals - Suo Motu raising of issue - Without calling parities attention is wrong - But no miscarriage of justice - Was occasioned thereby in this case (H12) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

COURTS - Case for the parties - Duty of the Judge - Is not to make a case for the parties - Issue dabbled into by trial court - Was not an issue before

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

the court (H5) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

COURTS - Caution - Criminal procedure - Identification of the accused - Where a case depends substantially on this - And defence alleges the identification to be mistaken - Court must be cautious (H2) Ukpabi v. State (2004) 6 KLR (pt. 181) 1641; (2004) 11 NWLR (Pt.884) 439

COURTS - Company law - Provisional liquidator - Court's appointment of - Should be with circumspection - On clear facts that a winding-up petition - Is likely to succeed (H6) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

COURTS - Confessional statements - Fact as to whether made - Not founded upon by the two lower courts - Reliance on overruled cases - And on a victim's evidence - Will ground quashing of appellants' conviction (H11) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

COURTS - Constitution of - Judgments - Court of Appeal - For purpose of delivering judgment - Panel of 3 justices - One of whom did not hear the appeal - Is properly constituted (H1) Ubwa v. Yaweh (2004) 5 KLR (pt. 179) 1387

COURTS - Constitutional law - Technicalities - Should be avoided in interpreting the Constitution - Unto determining the real controversy (H2) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

COURTS - Coordinate jurisdiction - Appeal - Conflicting order - Made by Federal High Court - That neutralized prior order of Lagos High court - Is like sitting on appeal over that prior order - And courts should not be at war with each other (H2) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

COURTS - Criminal procedure - Charge - Explanation of charge before plea - Was done in this case - Though the court's record seems to be silent (H4) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

(Pt.888) 520

COURTS - Criminal procedure - Juveniles - Age of appellant - As there was a discrepancy as to the true age of appellant - Trial judge ought to have conducted an inquiry - To ascertain actual age of the appellant (H10) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

COURTS - Criminal procedure - Plea - Issue of separate taking of - And separate recording of plea - Should not be absurd (H5) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

COURTS - Criminal procedure - Self defence and provocation - Were considered by trial court - Though he could have been more elaborate (H3) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

COURTS - Criminal procedure - Witnesses - Additional taking of evidence - At the close of defence - Though wrong - Did not cause a miscarriage of justice (H3) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

COURTS - Custom declared repugnant - Is wrong - As the pronouncement - Is not derived from principles of the rule of law (H3) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

COURTS - Damages - Expunging inadmissible evidence - Where evidence upon which damages were awarded - Are inadmissible - Supreme Court will expunge them (H7) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

COURTS - Damages - Nature of claim - Must be ascertained - Before a meaningful assessment of damages - And only what is claimed and proved - Should be awarded (H8) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

COURTS - Discretion - Appeals - Equity - Judicial and judicious exercise of discretion - Cannot be based on suppressed facts - But in conformity

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

with the ordinary principles - Otherwise appellate court will interfere (H7) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

COURTS - Discretion - Exercise of - Evidence - Need for court to give reasons - In justification of exercise of discretion - Which will be based on available facts (H8) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

COURTS - Duty of - Fundamental Rights - Freedom from discrimination - Concept of slavery can no longer be tolerated in our modern society - It is the duty of the court to strike down any attempt to practice such discrimination (H3) Adejugbe v. Ologunja (2004) 2 KLR (pt. 173) 561; (2004) 6 NWLR (Pt.868) 46

COURTS - Evaluation of evidence - Title - Traditional histories - Where trial court weighs both parties' stories - And finds one more probable - Recent acts of ownership - Need not be considered (H7) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

COURTS - Evaluation of exhibits - Trial court is duty bound - To consider relevant exhibits - And oral evidence tendered before it (H4) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

COURTS - Evidence - Evaluation of - Scale of justice - Is where the trial judge will place an evidence - And give judgment in favour of the party - Where the evidence tilts favourably (H4) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

COURTS - Evidence - Confessional statement - Where alleged to be signed by force - Trial within trial was necessary (H3) Nsofor v. State (2004) 12 KLR (pts. 187-188) 2413; (2004) 18 NWLR (Pt.905) 292

COURTS - Evidence - Evaluation - A party is not bound to prove all averments - Proper evaluation of evidence by trial court - Will not be disturbed by appellate court (H8) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

COURTS - Evidence - Uncontradicted evidence - Court's acceptance of it - Is subject to its credibility and probability (H6) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

COURTS - Evidence - Uncontradicted evidence - That plaintiff reported its loss to defendant - Within the 21 days contractual term - Was rightly acted upon by the trial court (H3) Leadway Assurance Ltd v. Zeco Ltd (2004) 4 KLR (pt. 174) 803; (2004) 11 NWLR (Pt.884) 316

COURTS - Evidence - Valuation of evidence by trial court - Is through imaginary scale for weighing evidence - Based on quality - And observation of demeanour of the witnesses (H6) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

COURTS - Evidence - Witnesses - Credibility - Two material inconsistent evidence under oath - Will discredit a witness as being truthful (H5) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

COURTS - Expropriatory Statutes - Interpretation - The Courts attitude is to adopt the principle of strict construction - Which leans in favour of the citizen whose property rights are being denied (H4) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

COURTS - Fair hearing - Absence of - Vitiates the proceedings - It demands that court be fair and impartial (H2) Ekpeto v. Wanagho (2004) 12 KLR (pts. 187-188) 2507; (2004) 18 NWLR (Pt.905) 394

COURTS - Fresh issue - Of visit to locus in quo - Raised without leave of court - Is incompetent (H5) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

COURTS - Hypothetical points - Courts do not decide hypothetical cases - Which have no bearing with the case the court is called upon to decide (H4) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

COURTS - Ignoring evidence - Unchallenged evidence - That is weak and

KINGS LAW REPORTS COMPREHENSIVE INDEX

devoid of substance - Can be safely ignored - By the other party and the court (H5) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

COURTS - Issue - Suo motu raising of - By the Court of Appeal - Though wrong - Did not occasion a miscarriage of justice (H4) Odutola v. Oderinde (2004) 5 KLR (pt. 180) 1487; (2004) 12 NWLR (Pt.888) 574

COURTS - Issues - Hypothetical issues - Are not to be considered by the court (H10) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

COURTS - Issues - Suo motu raising of - Court has power to raise suo motu issue - But it must hear the prejudiced party - Before resolving the issue (H2) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

COURTS - Judgment - Issue not before the court - Should not be raised by it suo motu (H1) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

COURTS - Judgment - Setting aside - Any court including the supreme court - Has inherit jurisdiction to set aside its own judgment - Given in a proceeding in which there has been a fundamental defect - Which goes to the issue of jurisdiction - This can be done by motion and not necessarily by way of appeal (H3) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

COURTS - Judgments - Decisions - Allegation of inconsistent decision against Court of Appeal - Is not correct (H2) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

COURTS - Judgments - Evidential burden of proof - Was wrongfully placed by the court - Upon the defendants (H6) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

COURTS - Judgments - Nullity of - Court's failure to come to a considered judgment - Or failure to exercise discretion properly - Will not make the

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

decision a nullity (H10) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

COURTS - Judgments - Validity of - Exparte order - Until set aside - A judgment of the court is binding - Whether it is null or not (H12) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

COURTS - Judicial precedents - Banking - Stare decisis - Jurisdiction of Federal High Court - Court of Appeal's decisions in Bi Zee Bee Hotels & Fembo cases - Being wrongfully decided - Were erroneously followed by the lower court (H2) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

COURTS - Judicial precedents - Miscarriage of justice - Failure of lower court to consider relevant authority - Would not ipso facto constitute a miscarriage of justice (H4) Ebhodaghe v. Okoye (2004) 12 KLR (pts. 187-188) 2389; (2004) 18 NWLR (Pt.905) 242

COURTS - Judicial precedents - Stare decisis - Courts of similar jurisdiction - Are not bound by each others decision (H4) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18 NWLR (Pt.905) 416

COURTS - Jurisdiction - Absence of - Courts - Should consider the issue of jurisdiction - Before any further step in the matter (H1) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

COURTS - Jurisdiction - Banking - Absence of bank/customer relationship in this case - Confers jurisdiction only on the Federal High Court under s. 251 (1) (d) 1999 constitution (H3) Societe Bancaire (Nig) Ltd v. Margarida Salvado De Lluch (2004) 12 KLR (pts. 187-188) 2451; (2004) 18 NWLR (Pt.905) 341

COURTS - Jurisdiction - Banking - Federal High Court - Constitution - Proviso to S. 251(1) (d) of the 1999 Constitution - Grants concurrent jurisdiction to State High Courts - In individual customer & bank, transaction - Without taking away Federal High Court's jurisdiction (H6)

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

COURTS - Jurisdiction - Banking - Federal High Court - Failed bank matters - Supremacy of the Constitution - Renders Decrees that give that court - Exclusive jurisdiction in all failed bank cases - Inconsistent to an extent (H9) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

COURTS - Jurisdiction - Banking - Federal High Court - S. 251(1) (d) of the 1999 Constitution - Gives that court exclusive jurisdiction - In all banking transactions - Subject to the proviso in that section (H3) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

COURTS - Jurisdiction - Being a threshold issue - Should be taken by the court at any point (H1) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18 NWLR (Pt.905) 416

COURTS - Jurisdiction - Cause of action - Law in force at the time the cause arose - Is the relevant law - While law conferring jurisdiction on the court - At point of filing the action - Is relevant in determining court's jurisdiction (H1) Adah v. NYSC (2004) 7 KLR (pts. 184-186) 2249; (2004) 13 NWLR (Pt.891) 639

COURTS - Jurisdiction - Contempt of court issue - That arose while issue of jurisdiction was being considered - Was rightly handled first as both issues were separate (H3) Ebhodaghe v. Okoye (2004) 12 KLR (pts. 187-188) 2389; (2004) 18 NWLR (Pt.905) 242

COURTS - Jurisdiction - Duty to raise issue of jurisdiction - Falls on all the parties and the court (H2) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

COURTS - Jurisdiction - Federal High Court - Declaratory action against federal agencies - Jurisdiction became vested upon Federal High Court - Instead of State High Court where this case was commenced (H3) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

NWLR (Pt.905) 416

COURTS - Jurisdiction - Filing fees payment - Is mandatory for court to have jurisdiction - Where not paid in respect of additional reliefs - The reliefs will be struck out (H3) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

COURTS - Jurisdiction - Fundamentality of - In considering issue of jurisdiction - Only the writ of summons and the statement of claim - Are examined (H1) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

COURTS - Jurisdiction - Issue of - That arose before Court of Appeal - Can be challenged before Supreme Court - By a party that did not raise it before lower court (H3) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

COURTS - Jurisdiction - Orders - Competence of Federal High Court over a matter - Where State High Court has assumed jurisdiction - Federal High Court was wrong in taking up the matter - And making a contrary order therein (H5) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

COURTS - Jurisdiction - Parties - Lack of jurisdiction - Brings a case to crumble - Parties cannot by connivance, acquiescence or waiver - Confer jurisdiction on the court (H2) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

COURTS - Jurisdiction - State High Court - Action against Federal Government agencies - Was to be filed before the Federal High Court - At the time plaintiff filed his claim (H2) Adah v. NYSC (2004) 7 KLR (pts. 184-186) 2249; (2004) 13 NWLR (Pt.891) 639

COURTS - Jurisdiction as a central issue - Must generally be determined first when raised (H1) Ebhodaghe v. Okoye (2004) 12 KLR (pts. 187-188) 2389; (2004) 18 NWLR (Pt.905) 242

COURTS - Locus standi - Judicial precedents - Chieftaincy matters -

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Locus standi can be available to a ruling house - The principle in Momoh's case - Does not apply to this case (H1) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

COURTS - Misconception - Injunction - Boundaries - Where both parties know the land in issue - Refusal to grant injunction and title - Is misconceived (H8) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

COURTS - Misdirection - Where the judgment is right - But the reasons are wrong - Appellate court will not interfere (H6) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

COURTS - Murder - Misapprehension - Of accused persons' extra judicial statements - And wrongful reliance on seeming denial of the statements - By Court of Appeal in affirming conviction - Is erroneous (H6) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

COURTS - Nonsuit - Appeals - Burden is on plaintiff to prove - That trial judge ought to have entered a nonsuit - Dismissal was rightly entered in the present case (H8) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

COURTS - Nonsuit order - Meaning of - Where neither party will be entitled to judgment - Court can enter a nonsuit (H7) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

COURTS - Orders - Constitutional law - Parties - Order of Federal High Court - That conflicts with prior State High Court Order - Shows lack of caution - As we operate one Constitution - And the parties cannot obey the respective orders (H3) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

COURTS - Orders - Procedural law - Jurisdiction - Court of coordinate jurisdiction - Should not make orders - That would expose the court to ridicule (H1) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

COURTS - Pleadings - Damages - Assessment of - Should be based on pleadings and evidence - Lower courts erred - In awarding what was not claimed (H6) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

COURTS - Pleadings - Fair hearing - Court to limit itself - To issues raised in the pleadings - As to go outside them is denial of fair hearing (H4) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

COURTS - Pleadings - Nature of the case before the court - Was not appreciated by the trial court - Which occasioned a miscarriage of justice (H3) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

COURTS - Pleadings - Reply - Striking out - Hearing the parties - Was a necessity trial court should have observed - Before striking out part of the amended reply (H3) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

COURTS - Speculation - Documents - Where a document is speculative - Court should not rely on it (H4) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

COURTS - Speculation - Documents that are not before the court - Cannot be speculated upon - And the court is entitled to proceed without them (H5) Ekpeto v. Wanagho (2004) 12 KLR (pts. 187-188) 2507; (2004) 18 NWLR (Pt.905) 394

COURTS - Statutes - Interpretation - Clear provision of a law - Is to be given their ordinary interpretation by court - Though it will cause hardship (H5) Kraus Thompson Org. v. NIPSS (2004) 5 KLR (pt. 177) 1223; (2004) 17 NWLR (Pt.901) 44

COURTS - Statutes - Interpretation - Intention of the law makers - Elections - Clear meaning of a statute - Should be given effect by the courts (H1) Ojukwu v. Obasanjo (2004) 7 KLR (pts. 184-186) 2055; (2004) 12 NWLR (Pt.886) 169

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

COURTS - Substantial justice - Being the interest of the court - Inelegantly formulated claim - Will not be allowed to defeat justice (H5) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

COURTS - Suo motu issue - Custom - Nnewi "Oli-Ekpe" custom - Pronounced repugnant by Court of Appeal - Is not justified - As the issue was raised suo motu by that court (H6) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

COURTS - Suo motu taking of evidence - Criminal procedure - Additional evidence - After close of defence - Proper procedure under s. 200 CPL - Was not followed by trial court (H2) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

COURTS - Title - Five methods of proving title to land - Where traditional history is in issue - When recent acts of ownership - Should be considered (H6) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

COURTS - Unchallenged evidence - Courts - Where evidence given by a party was not challenged by the opposite party - It is always open to the court - To act on such evidence before it (H9) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

COURTS - Undefended list - Null judgment - Setting aside judgment - The judge has no power to set aside his judgment under the undefended list - As if it were a default proceeding - Even if there was a mistake - But he can set it aside - For being a null judgment (H2) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

COURTS - Witnesses - Demeanour and Credibility - Appellate court may not interfere - With trial court's findings on issue of credibility of a witness - But will disturb wrongful evaluation of evidence (H7) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

COURTS - Words & Phrases - "Reside" - Trial court's use of it - And

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Court of Appeal's reference to it without the quotation marks - Did not alter anything - And no miscarriage of justice was occasioned (H6) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

CRIMINAL LAW - Armed robbery - Recognition of the accused - The robbery victim in this case - Had enough courage and time - To observe the accused with his lameness (H1) Ukpabi v. State (2004) 6 KLR (pt. 181) 1641; (2004) 11 NWLR (Pt.884) 439

CRIMINAL LAW - Defence of mistake - The story must be true - Not an insult to intelligence - And should not arise from lack of proper care - To warrant a relief from criminal liability (H1) Aiguokhian v. State (2004) 4 KLR (pt. 174) 771; (2004) 7 NWLR (Pt.873) 565

CRIMINAL LAW - ICPC Act 2000 - Legislative power of the National Assembly - By virtue of item 60(a) of the Exclusive legislative list - The National Assembly has the power to enact the ICPC Act 2000 (H8) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

CRIMINAL LAW - Murder - Criminal responsibility - Criminal Code ss. 30 & 319 - Age of accused - Controversy over allegedly forged birth certificate is of no relevance in this case (H1) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

CRIMINAL LAW - Murder - Defence of mistake - Test of honest belief - Does not avail the appellant - As his story is bizarre and an affront to intelligence (H2) Aiguokhian v. State (2004) 4 KLR (pt. 174) 771; (2004) 7 NWLR (Pt.873) 565

CRIMINAL PROCEDURE - Acquittal - Supreme Court - Stare decisis - Umani's case - Being a binding precedent - Grounds acquittal of appellant - Who should have been held guilty (H4) Ebri v. State (2004) 5 KLR (pt. 179) 1365; (2004) 11 NWLR (Pt.885) 589

CRIMINAL PROCEDURE - Additional evidence - After close of defence - Proper procedure under s. 200 CPL - Was not followed by trial court (H2) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887)

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

258

CRIMINAL PROCEDURE - Admissibility - Confessional statement - Challenge thereof on grounds of non est factum - Is appropriately made when accused as witness - Denies making the statement (H8) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

CRIMINAL PROCEDURE - Alibi - Evidence - Failure to investigate alibi - Will not secure an acquittal - Where evidence pins an accused - To the scene of crime (H2) Ebri v. State (2004) 5 KLR (pt. 179) 1365; (2004) 11 NWLR (Pt.885) 589

CRIMINAL PROCEDURE - Alibi - Implication of the plea - Is not known to the appellant - And the court's below - Rightly rejected his no serious story about alibi (H3) Sowemimo v. State (2004) 4 KLR (pt. 175) 935; (2004) 11 NWLR (Pt.885) 515

CRIMINAL PROCEDURE - Alibi - Investigation of - Is necessary - Failure of prosecution to investigate it - Is fatal to its case here - Though it may not be fatal in some other cases (H5) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

CRIMINAL PROCEDURE - Alibi - Statement to the Police - Shows appellant was present at the scene of crime (H2) Sowemimo v. State (2004) 4 KLR (pt. 175) 935; (2004) 11 NWLR (Pt.885) 515

CRIMINAL PROCEDURE - Alibi - Time of raising - Apart from not being at the earliest opportunity - There is contradiction - Showing the alibi to be false (H1) Sowemimo v. State (2004) 4 KLR (pt. 175) 935; (2004) 11 NWLR (Pt.885) 515

CRIMINAL PROCEDURE - Appeals - Acquittal - Co-accused - Where acquitted on same inextricable evidence - Court of Appeal was bound - To also acquit the appellant (H3) Ebri v. State (2004) 5 KLR (pt. 179) 1365; (2004) 11 NWLR (Pt.885) 589

CRIMINAL PROCEDURE - Armed robbery - Identification parade - Is not the issue here - But a matter of spontaneous recognition - That is not

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

mistaken (H3) Ukpabi v. State (2004) 6 KLR (pt. 181) 1641; (2004) 11 NWLR (Pt.884) 439

CRIMINAL PROCEDURE - Confessional statement - Non est factum defence by accused - Is not a retraction - But a denial of making of the statement (H10) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

CRIMINAL PROCEDURE - Confessional statements - Admissibility - Non est factum plea by accused persons - Cannot stop admissibility of the statements - As that plea is to be determined by court - At conclusion of trial (H7) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

CRIMINAL PROCEDURE - Court Martial - Confessional statement - Trial within trial - As to examine a confessional statement - Will not arise - As the witness failed to show use of force (H6) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

CRIMINAL PROCEDURE - Court Martial - Conviction - Restitution of stolen property - Does not apply to appellant - As he was not convicted of stealing (H7) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

CRIMINAL PROCEDURE - Courts - Charge - Explanation of charge before plea - Was done in this case - Though the court's record seems to be silent (H4) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

CRIMINAL PROCEDURE - Courts - Confessional statement - Where alleged to be signed by force - Trial within trial was necessary (H3) Nsofor v. State (2004) 12 KLR (pts. 187-188) 2413; (2004) 18 NWLR (Pt.905) 292

CRIMINAL PROCEDURE - Courts - Confessional statements - Fact as to whether made - Not founded upon by the two lower courts - Reliance on overruled cases - And on a victim's evidence - Will ground quashing of appellants' conviction (H11) Aiguoreghian v. State (2004) 1 KLR (pt. 170)

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

129; (2004) 3 NWLR (Pt.860) 367

CRIMINAL PROCEDURE - Courts - Murder - Misapprehension - Of accused persons' extra judicial statements - And wrongful reliance on seeming denial of the statements - By Court of Appeal in affirming conviction - Is erroneous (H6) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

CRIMINAL PROCEDURE - Courts - Plea - Issue of separate taking of - And separate recording of plea - Should not be absurd (H5) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

CRIMINAL PROCEDURE - Courts - Witnesses - Additional taking of evidence - At the close of defence - Though wrong - Did not cause a miscarriage of justice (H3) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

CRIMINAL PROCEDURE - Defences - Insanity - An accused who pleads insanity as a defence - Has the burden on the balance of probability - Of proving that he was suffering from insanity or insane delusion - At the time the offence was committed (H2) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

CRIMINAL PROCEDURE - Defences - Insanity - Duty of trial court - In determining the defence of insanity - Trial judge is enjoined to take into consideration any admissible medical evidence - And the whole of the facts and the surrounding circumstances of the case (H4) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

CRIMINAL PROCEDURE - Defences - Insanity - Evidence of a psychiatrist, PW5 - Is admissible and credible - And apart from it - There was ample evidence to suggest - That appellant was sane at the time the offence was committed (H5) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

CRIMINAL PROCEDURE - Defences - Insanity - What the accused must prove to successfully rely on the defence under S.28 CC - Includes lack of the capacity to understand what he was doing (H3) Guobadia v. State

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

(2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

CRIMINAL PROCEDURE - Evidence - Acquittal - Of one of jointly charged accused persons - Based on same inextricable evidence without more - Demands discharge of the others (H1) Ebri v. State (2004) 5 KLR (pt. 179) 1365; (2004) 11 NWLR (Pt.885) 589

CRIMINAL PROCEDURE - Evidence - Murder - Withholding of evidence - By the prosecution as to cause of death - Doubt created thereby - Is resolved in accused person's favour (H4) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

CRIMINAL PROCEDURE - Evidence of a co-accused - Relevance of - Is not a relevant fact against the accused - Without being corroborated (H6) State v. Onyeukwu (2004) 7 KLR (pt. 183) 1875; (2004) 14 NWLR (Pt.893) 340

CRIMINAL PROCEDURE - Identification of the accused - Where a case depends substantially on this - And defence alleges the identification to be mistaken - Court must be cautious (H2) Ukpabi v. State (2004) 6 KLR (pt. 181) 1641; (2004) 11 NWLR (Pt.884) 439

CRIMINAL PROCEDURE - Insanity - Abnormal behaviour - Is not evidence of insanity (H9) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

CRIMINAL PROCEDURE - Insanity - Defence of - Tendered by the accused himself - Is suspect and not usually taken seriously (H7) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

CRIMINAL PROCEDURE - Insanity - Mental disorder - Mere evidence of mental disorder in an accused - Without showing that it deprived the accused of capacity to understand what he was doing - And to know that he ought not to have done the act - Is no satisfactory evidence of insanity (H8) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

CRIMINAL PROCEDURE - Insanity - Motive - Mere absence of any

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

evidence of motive for a crime - In not sufficient ground to infer mania (H6) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

CRIMINAL PROCEDURE - Issues - Exhibits - Where the parties in agreement with trial court narrowed down the issues to one - Court of Appeal rightly remitted the case to the High Court - To determine whether 5th defendant - Was the person convicted vide exhibit A (H2) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

CRIMINAL PROCEDURE - Joint trial - Of separate indictments - Objection by accused - Ought to be raised at the trial time s. 168 CPA - Where no objection was raised - The proceedings is prima facie not a nullity - But an irregularity (H4) State v. Onyeukwu (2004) 7 KLR (pt. 183) 1875; (2004) 14 NWLR (Pt.893) 340

CRIMINAL PROCEDURE - Joint trial - Procedural Policy of convenience - Makes it more convenient - To trial all accused persons jointly - In one indictment (H2) State v. Onyeukwu (2004) 7 KLR (pt. 183) 1875; (2004) 14 NWLR (Pt.893) 340

CRIMINAL PROCEDURE - Joint trial - S. 155 of the CPA - Permits joint trial - But there is ambiguity - As to whether it must be one charge sheet - As Obi v. COP seemed to decide (H1) State v. Onyeukwu (2004) 7 KLR (pt. 183) 1875; (2004) 14 NWLR (Pt.893) 340

CRIMINAL PROCEDURE - Judicial precedents - Per incuriam decisions - Joint trial - S.168 of the CPA - The observations in Arisah's and Obi's case - That declare joint trial on separate indictments a nullity - Are delivered per incuriam (H3) State v. Onyeukwu (2004) 7 KLR (pt. 183) 1875; (2004) 14 NWLR (Pt.893) 340

CRIMINAL PROCEDURE - Juveniles - Age of appellant - As there was a discrepancy as to the true age of appellant - Trial judge ought to have conducted an inquiry - To ascertain actual age of the appellant (H10) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

CRIMINAL PROCEDURE - Manslaughter - Cause of death - Evidence of - Ambiguity in the medical reports evidence - As to cause of death - Will be resolved in favour of accused (H1) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

CRIMINAL PROCEDURE - Murder - Cause of death - Burden of proof - Was wrongfully shifted to the accused - It rests squarely on the prosecution (H3) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

CRIMINAL PROCEDURE - Murder - Cause of death - Medical certificate - May not be required in all cases - But it is a necessity in this case - Where death occurred 3 months later (H2) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

CRIMINAL PROCEDURE - Murder - Confessional Statement - Where merely denied - It is admissible without requiring a trial within trial (H1) Nsofor v. State (2004) 12 KLR (pts. 187-188) 2413; (2004) 18 NWLR (Pt.905) 292

CRIMINAL PROCEDURE - Murder - Confessional statement of accused - And his evidence in court - Show that he intended to kill the deceased (H4) Aiguokhian v. State (2004) 4 KLR (pt. 174) 771; (2004) 7 NWLR (Pt.873) 565

CRIMINAL PROCEDURE - Murder - Conviction - Admission by appellant - Should be evidence only against him - Thereby making issue of conspiracy in this case irrelevant (H6) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

CRIMINAL PROCEDURE - Murder - Conviction - First appellant was rightly convicted - Based on his confessional statement (H2) Nsofor v. State (2004) 12 KLR (pts. 187-188) 2413; (2004) 18 NWLR (Pt.905) 292

CRIMINAL PROCEDURE - Murder - Conviction - That was based on an indivisible confession - Will be set aside (H4) Nsofor v. State (2004) 12 KLR (pts. 187-188) 2413; (2004) 18 NWLR (Pt.905) 292

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

CRIMINAL PROCEDURE - Murder - Extra judicial statement - That is voluntary - Oral confessional testimony in court - All do support finding of guilt - Against the appellant (H2) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

CRIMINAL PROCEDURE - Murder - Intention to kill - Is established against appellant - Regardless of his story (H3) Aiguokhian v. State (2004) 4 KLR (pt. 174) 771; (2004) 7 NWLR (Pt.873) 565

CRIMINAL PROCEDURE - Murder - Witnesses - Tainted evidence - PW1'S evidence - Is not tainted - Merely because he comes from deceased person's village (H5) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

CRIMINAL PROCEDURE - Proof - Allegations and counts against respondent - Being not proved by evidence - His conviction is not justified (H7) State v. Onyeukwu (2004) 7 KLR (pt. 183) 1875; (2004) 14 NWLR (Pt.893) 340

CRIMINAL PROCEDURE - Proof of guilt - Proof beyond reasonable doubt - Is the burden on the prosecution - And it never shifts (H1) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

CRIMINAL PROCEDURE - Recognition of the accused - Corroboration - Statement of accused to Police - Also implicated him (H4) Ukpabi v. State (2004) 6 KLR (pt. 181) 1641; (2004) 11 NWLR (Pt.884) 439

CRIMINAL PROCEDURE - Self defence and provocation - Were considered by trial court - Though he could have been more elaborate (H3) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

CRIMINAL PROCEDURE - Witnesses - Statement in writing - Found to be an admission - Was not shown to be obtained under duress - By the witness (H5) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

CUSTOMARY LAW - Actions - Issue - Family headship - Custody of the symbol of authority - Is the central issue in this case (H1) Iheanacho v.

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

CUSTOMARY LAW - Applicable custom - Evidence - Admission against interest - Oath-taking - Custom of the parties is applicable here (H2) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

CUSTOMARY LAW - Customary tenancy - Forfeiture - Long possession - Denial of overlord's title - Is a serious misbehaviour - That grounds forfeiture of possession (H1) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

CUSTOMARY LAW - Family headship - Present acts of control/ownership - Were not exercised by the respondents over the family headship - To warrant applying Kojo v. Bonsie rule in their favour (H4) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

CUSTOMARY LAW - Judicial precedents - Yoruba custom - Succession to family headship - Obiter of Nnaemeka-Agu JSC in Adesanya v. Otuewu - Is not binding on the lower courts (H3) Otun v. Otun (2004) 7 KLR (pts. 184-186) 2229; (2004) 14 NWLR (Pt.893) 381

CUSTOMARY LAW - Land matters - Pledge of the land in dispute - Is an issue in this case not a mere after thought - Which was settled by the oath-taking (H5) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

CUSTOMARY LAW - Land matters - Possession - Oath-taking - Being a recognized customary arbitration - Has settled this land dispute - Common law is not applicable (H4) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

CUSTOMARY LAW - Proof - Party who alleges a custom - Is obliged to prove it - Unless it can be judicially noticed (H1) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

CUSTOMARY LAW - Repugnancy - A custom is not repugnant - Just because it is inconsistent with English law - Or some principle of individual

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

rights (H5) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

CUSTOMARY LAW - Repugnancy - Courts - Custom declared repugnant - Is wrong - As the pronouncement - Is not derived from principles of the rule of law (H3) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

CUSTOMARY LAW - Repugnancy - Courts - Nnewi "Oli-Ekpe" custom - Pronounced repugnant by Court of Appeal - Is not justified - As the issue was raised suo motu by that court (H6) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

CUSTOMARY LAW - Repugnancy - Custom that is discriminating against women - May not be repugnant in all cases (H7) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

CUSTOMARY LAW - Succession - Yoruba custom - Apart from Lewis v. Bankole case precedent - Historical facts of practice of succession - Support 1st respondent's succession to the family headship (H2) Otun v. Otun (2004) 7 KLR (pts. 184-186) 2229; (2004) 14 NWLR (Pt.893) 381

CUSTOMARY LAW - Succession - Yoruba Custom - Evidence in this case - Show that 1st respondent - Is the person to succeed his deceased father - Not a grandson (H1) Otun v. Otun (2004) 7 KLR (pts. 184-186) 2229; (2004) 14 NWLR (Pt.893) 381

DAMAGES - Appeals - Ground of appeal - Contesting an issue - Court of Appeal was wrong - In holding that amount of damages - Was not contested by the defendant (H8) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

DAMAGES - Contracts - Repudiatory breach of the contract - Grants right to sue for damages - Or sue for value of the services rendered - On a quantum meruit (H2) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

DAMAGES - Courts - Nature of claim - Must be ascertained - Before a

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

meaningful assessment of damages - And only what is claimed and proved - Should be awarded (H8) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

DAMAGES - Land law - Alternative claim - In which an amount was claimed as mesne profits - Or as damages for fraud - Can succeed on one arm of the claim (H4) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

DAMAGES - Negligence - Damages - Must be specifically averred and proved - In order to succeed (H5) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

DAMAGES - Negligence - Fire Accident - Res ipsa loquitur plea - Existence of evidence - That excused respondent from negligence - Has defeated the claim for damages (H4) Royal Ade Ltd v. National Oil PLC (2004) 4 KLR (pt. 174) 781; (2004) 8 NWLR (Pt.874) 206

DAMAGES - Pleadings - Courts - Assessment of damages - Should be based on pleadings and evidence - Lower courts erred - In awarding what was not claimed (H6) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

DAMAGES - Pleadings - Evidence - Admissibility - Courts - Where evidence upon which damages were awarded - Are inadmissible - Supreme Court will expunge them (H7) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

DAMAGES - Professional fees - Sought to be recovered as damages - Has no basis - And is an usual claim in Nigeria for now - Where Solicitor's fees - Are not awarded as part of damages in court cases (H6) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

DAMAGES - Special damages - Claimable heads - Quantification - Strict proof - Supply of particulars - Are all necessary for the claim to succeed (H5) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

DAMAGES - Special damages - Compensation for loss - Where claimant alleges that he suffered special damages - It must be proved by concrete evidence (H1) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

DAMAGES - Special damages - Counterclaimed by appellant - Was rightly dismissed - For not being proved (H2) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

DAMAGES - Special damages - Evidence - Banking - Claim of great loss - Where based on approximation and expression of opinion - Without factual unassailable evidence - The claim will fail (H3) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

DAMAGES - Special damages - Pleadings - Proof - Plaintiff claiming special damages - Is obliged to plead, particularize and prove same (H3) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

DAMAGES - Special damages - Proof - Submission by appellants counsel - That it was adequately pleaded and proved - Is not correct - As the evidence is deficient and weak (H2) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

DAMAGES - TORTS - Negligence - Damages for personal injury - Is a claim for compensation for loss of capacity for future earnings - Which does not avail the respondent (H7) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

DAMAGES - Torts - Negligence - Three things plaintiff must prove - To be entitled to damages (H1) Royal Ade Ltd v. National Oil PLC (2004) 4 KLR (pt. 174) 781; (2004) 8 NWLR (Pt.874) 206

DOCUMENTS - Admissibility - Photocopy of agreement - Is admissible - As appellant did not suggest a difference between it and the original (H1) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

DOCUMENTS - Admission - Exhibit - Failure to consider s. 225(2) EA - Before admitting Exhibit A - Has not led to a miscarriage of Justice (H9) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

DOCUMENTS - Banking - Oral evidence - Is inadmissible in this case - To neutralise appellant's commitment vide Exhibit P13 - To pay a debt on behalf of its customer (H3) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

DOCUMENTS - Courts - Speculation - Where a document is speculative - Court should not rely on it (H4) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

DOCUMENTS - Guarantee - Exhibit P13 being in the form of a guarantee - Is binding on the appellant (H4) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

DOCUMENTS - Ignorance - Land law - Document witnessed against one's interest - In ignorance of his entitlement - Is not valid (H1) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

DOCUMENTS - Illiterates - Protection of - Purpose of s.3 of Illiterates Protection Law - The protection enures only to the illiterate (H3) Fatunbi v. Olanloye (2004) 6 KLR (pt. 182) 1733; (2004) 12 NWLR (Pt.887) 229

DOCUMENTS - Legal drafting - Proviso - Its effect on a section - Is to relax limitations or throw light - But not to completely neutralise the provisions (H2) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

DOCUMENTS - Minutes of meeting - Weight of - Failure to prove that appellants attended the meeting - Makes the minutes, Exhibit Dl, weightless (H3) Jolayemi v. Alaoye (2004) 5 KLR (pt. 180) 1509; (2004) 12 NWLR (Pt.887) 322

DOCUMENTS - Oral evidence - Cannot be admitted to contradict a document - Where it is inconsistent with the terms thereof (H1) Fortune

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

DOCUMENTS - Oral evidence - Exclusion of - Is not merely based on availability of written document - But is based on s. 132(1) EA (H2) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

DOCUMENTS - Parties - Exhibits - Admission - Where parties and trial court were at one in admitting an exhibit - Present move by counsel to discredit that exhibit - Will not be allowed - As it will change his earlier position (H5) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

DOCUMENTS - Pleadings - Facts that are material - Should be pleaded - And not evidence - That a document pleaded is not available - Does not preclude plaintiff - From relying on other credible evidence (H1) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

DOCUMENTS - Sale of goods - Supply of goods - Document that reflected lesser quantity - Than that claimed to be delivered - Is not fatal in this case (H3) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

ELECTION PETITIONS - Constitution - Office of the President of Nigeria - Process of electing the President - Is as provided in s. 132 of 1999 Constitution (H4) Ojukwu v. Obasanjo (2004) 7 KLR (pts. 184-186) 2055; (2004) 12 NWLR (Pt.886) 169

ELECTION PETITIONS - Jurisdiction - Complaint of the petitioner - That deal with infractions of the Constitution - And Companies Act - Will be struck out (H3) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

ELECTION PETITIONS - JURISDICTION - Presidential Election Tribunal - Has original jurisdiction under s. 239(1) of the 1999 Constitution - Which does not include matters constitutionally assigned -To state or federal high

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

courts (H1) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

ELECTION PETITIONS - Motion - Dismissal of -Is not the case here - Since the respondent's motion succeeded in Part (H7) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

ELECTION PETITIONS - Office held previously - In 1976 by a Presidential candidate - Was office of Head of the Federal Military Government (H2) Ojukwu v. Obasanjo (2004) 7 KLR (pts. 184-186) 2055; (2004) 12 NWLR (Pt.886) 169

ELECTION PETITIONS - Office of the President - And that of Head of Military Government - Are not the same (H3) Ojukwu v. Obasanjo (2004) 7 KLR (pts. 184-186) 2055; (2004) 12 NWLR (Pt.886) 169

ELECTION PETITIONS - Parties - Joinder of - Complaint that some respondents were improperly joined - Cannot be raised by another respondent (H5) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

ELECTION PETITIONS - Parties - Misjoinder of - Where a party is struck out for misjoinder - Paragraph of the Petition relating to him - Is rightly Struck out (H8) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

ELECTION PETITIONS - Parties - Non-joinder of necessary parties - Does not arise in paragraphs 12, 14 and 16 - As to warrant striking them out (H4) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

ELECTION PETITIONS - Presidential election - Office - Definition of - Qualification on ground of not having been elected - At any two previous elections - Is only in respect of elections conducted under the 1999 Constitution (H5) Ojukwu v. Obasanjo (2004) 7 KLR (pts. 184-186) 2055; (2004) 12 NWLR (Pt.886) 169

ELECTION PETITIONS - Reliefs claimed - Move by respondent to have

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

some of them struck out - Is premature - As hearing has not taken place (H6) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

ELECTION PETITIONS - Rules & procedure - That govern an election petition - Should be the same - Whether the petition is brought under the Electoral Act - Or under the Constitution (H2) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

ELECTION PETITIONS - Stare decisis - Judgment of the Supreme court - Was not ignored by the Election Tribunal (H9) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

ELECTION PETITIONS - Statutes - Interpretation - Intension of lawmakers - Clear meaning of a statute - Should be given effect by the courts (H1) Ojukwu v. Obasanjo (2004) 7 KLR (pts. 184-186) 2055; (2004) 12 NWLR (Pt.886) 169

ELECTIONS - Appeals - Grounds of appeal - Elections - The ground in issue being clear - Preliminary objection against it - Is overruled (H3) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

ELECTIONS - Appeals - Interpretation of s. 66(1)(H) 1999 Constitution - Being a concurrent finding - Will not be disturbed (H9) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

EQUITY - Courts - Discretion - Judicial and judicious exercise of discretion - Cannot be based on suppressed facts - But in conformity with the ordinary principles - Otherwise appellate court will interfere (H7) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

EQUITY - Maxims - Res ipsa loquitur - Negligence - When the maxim may operate (H2) Royal Ade Ltd v. National Oil PLC (2004) 4 KLR (pt. 174) 781; (2004) 8 NWLR (Pt.874) 206

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

EQUITY - Resulting trust - Material facts - What is required to be pleaded is material facts - As opposed to the legal result or legal consequence - As held by lord Denning in Re Vandervell's Trust (No. 2) (H9) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

EQUITY - Resulting Trust - There is no evidence that appellant holds the property in dispute in trust for the respondent - Particularly in the absence of proof of agreement of marriage between them (H10) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

EQUITY - Title - Proof - Receipt of payment of money to the radical title owners of the land in dispute - Coupled with the respondents' effective physical possession of the land in dispute - Gave rise to a good equitable interest or title in the land to the respondents (H3) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

EQUITY - Trusts - Resulting trust - Pleading of - Defendant failed to plead the trust and its breach in the statement of defence - Which is prejudicial to his case (H8) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

ESTOPPEL - Land law - Evidence - Upon which estoppel can be grounded - Was not established in this case (H6) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

ESTOPPEL - Res judicata - Where raised in the briefs of appeal - Instead of the pleadings - It will be disregarded (H1) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

ESTOPPEL - Res judicata - Plea of - Four conditions that must be satisfied - To sustain the plea - Includes - Sameness of issue and subject matter (H2) Odutola v. Oderinde (2004) 5 KLR (pt. 180) 1487; (2004) 12 NWLR (Pt.888) 574

ESTOPPEL - Res judicata - Plea of - Was rightly rejected - As the issue and subject matter - Are not the same (H3) Odutola v. Oderinde (2004) 5 KLR (pt. 180) 1487; (2004) 12 NWLR (Pt.888) 574

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

EVIDENCE - Actions - Claim - Proof - Quantum meruit - Is not substantiated - The claim being defective - Was not proved at all (H8) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

EVIDENCE - Actions - Declaratory reliefs - Admission - Witnesses - Where witnesses were called in spite of the admission - Trial court's satisfactory evaluation - Will not be disturbed (H5) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

EVIDENCE - Admissibility - Confessional statements - Non est factum plea by accused persons - Cannot stop admissibility of the statements - As that plea is to be determined by court - At conclusion of trial (H7) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

EVIDENCE - Admissibility - Courts - Where evidence upon which damages were awarded - Are inadmissible - Supreme Court will expunge them (H7) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

EVIDENCE - Admissibility - Documents - Photocopy of agreement - Is admissible - As appellant did not suggest a difference between it and the original (H1) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

EVIDENCE - Admissibility of unpleaded evidence - The 4th respondent admitted buying the property himself - Without any averment as to his son having anything to do with the property - Such evidence was therefore inadmissible - And went to no issue (H16) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

EVIDENCE - Admission - Chieftaincy matters - Quorum for selection - Two exhibits in this case - Show that appellants admitted - That 3 kingmakers constitute a quorum - And what is admitted needs on further proof (H3) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

EVIDENCE - Admission - Exhibit - Failure to consider s. 225(2) EA -

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Before admitting Exhibit A - Has not led to a miscarriage of Justice (H9) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

EVIDENCE - Admission - Murder - Conviction - Admission by appellant - Should be evidence only against him - Thereby making issue of conspiracy in this case irrelevant (H6) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

EVIDENCE - Admission - Survey plan Exhibit C - Tendered by the plaintiffs - Admitted defendants' claim to the land (H3) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

EVIDENCE - Admission against interest - Oath-taking - Arbitration - Resiling from - Appellants cannot resile from the oath-taking - They were instrumental to (H3) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

EVIDENCE - Admissions - Usefulness of - Exhibits - Purported admission in an exhibit is useless - As it does not relate to live issues in the matter (H6) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

EVIDENCE - Affidavits - Averments - That are conclusions of the deponent - Should not be relied upon by courts - In disregard to facts - Presented in the other party's affidavit (H2) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

EVIDENCE - Affidavits - Contents of - Should be only statements of facts - Not conclusions and arguments - Which belong to court and counsel (H3) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

EVIDENCE - Affidavits - Dispute as to material facts - There existed a dispute in the material facts - Contrary to the holding of the lower court (H1) Adejugbe v. Ologunja (2004) 2 KLR (pt. 173) 561; (2004) 6 NWLR (Pt.868) 46

EVIDENCE - Affidavits - Effect in law - Affidavit evidence - Cannot change the law on an issue - As it is evidence and not law (H4) Kraus

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Thompson Org. v. NIPSS (2004) 5 KLR (pt. 177) 1223; (2004) 17 NWLR (Pt.901) 44

EVIDENCE - Affidavits - Form of - If merely in form of conclusion, argument or objection - It raises no fact which needs be controverted (H4) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

EVIDENCE - Affidavits - Further and better particulars - Of a denied fact - Can be called for - Only by supplying further and better particulars - Of the required fact (H3) Air Via Ltd v. Oriental Airlines (2004) 4 KLR (pt. 175) 975; (2004) 9 NWLR (Pt.878) 298

EVIDENCE - Alibi - Failure to investigate alibi - Will not secure an acquittal - Where evidence pins an accused - To the scene of crime (H2) Ebri v. State (2004) 5 KLR (pt. 179) 1365; (2004) 11 NWLR (Pt.885) 589

EVIDENCE - Appeals - Reevaluating the evidence unto reaching a different conclusion - Was properly done by lower court (H3) Royal Ade Ltd v. National Oil PLC (2004) 4 KLR (pt. 174) 781; (2004) 8 NWLR (Pt.874) 206

EVIDENCE - Carriage of goods - Courts - Uncontradicted evidence - That plaintiff reported its loss to defendant - Within the 21 days contractual term - Was rightly acted upon by the trial court (H3) Leadway Assurance Ltd v. Zeco Ltd (2004) 4 KLR (pt. 174) 803; (2004) 11 NWLR (Pt.884) 316

EVIDENCE - Chief's jurisdiction - Facts in this case - Show that the new settlement founded by 1st appellant - Is still under the 1st respondent's chieftaincy - As the only recognized Chief (H1) Aroyewun v. Adediran (2004) 7 KLR (pts. 184-186) 2181; (2004) 13 NWLR (Pt.891) 628

EVIDENCE - Chieftaincy matters - Ruling house - Existence of Oshin ruling house - From which 1st respondent was appointed as chief - Is in existence - Contrary to appellants' contention (H2) Fatunbi v. Olanloye (2004) 6 KLR (pt. 182) 1733; (2004) 12 NWLR (Pt.887) 229

EVIDENCE - Confession - Murder - Conviction - First appellant was

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

rightly convicted - Based on his confessional statement (H2) Nsofor v. State (2004) 12 KLR (pts. 187-188) 2413; (2004) 18 NWLR (Pt.905) 292

EVIDENCE - Confessional statement - Non est factum defence by accused - Is not a retraction - But a denial of making of the statement (H10) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

EVIDENCE - Conflicting affidavit evidence - In the face of direct conflict on crucial and material facts - The trial judge must call for oral evidence from the parties - Especially where there are no material available to enable the court resolve the differences in the affidavit (H12) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

EVIDENCE - Corroboration - Recognition of the accused - Corroboration - Statement of accused to Police - Also implicated him (H4) Ukpabi v. State (2004) 6 KLR (pt. 181) 1641; (2004) 11 NWLR (Pt.884) 439

EVIDENCE - Court Martial - Confessional statement - Trial within trial - As to examine a confessional statement - Will not arise - As the witness failed to show use of force (H6) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

EVIDENCE - Courts - Confessional statement - Where alleged to be signed by force - Trial within trial was necessary (H3) Nsofor v. State (2004) 12 KLR (pts. 187-188) 2413; (2004) 18 NWLR (Pt.905) 292

EVIDENCE - Courts - Evaluation of - Scale of justice - Is where the trial judge will place an evidence - And give judgment in favour of the party - Where the evidence tilts favourably (H4) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

EVIDENCE - Courts - Evaluation of exhibits - Trial court is duty bound - To consider relevant exhibits - And oral evidence tendered before it (H4) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

EVIDENCE - Courts - Murder - Misapprehension - Of accused persons'

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

extra judicial statements - And wrongful reliance on seeming denial of the statements - By Court of Appeal in affirming conviction - Is erroneous (H6) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

EVIDENCE - Courts - Valuation of evidence by trial court - Is through imaginary scale for weighing evidence - Based on quality - And observation of demeanour of the witnesses (H6) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

EVIDENCE - Courts - Witnesses - Additional taking of evidence - At the close of defence - Though wrong - Did not cause a miscarriage of justice (H3) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

EVIDENCE - Credibility - Land law - Sale of house - Evidence of plaintiff not being contradicted - Should be accorded credibility (H1) Mainagge v. Gwamna (2004) 7 KLR (pts. 184-186) 2191; (2004) 14 NWLR (Pt.893) 323

EVIDENCE - Credibility - Witnesses - Exaggeration in the evidence of a witness - Removes credibility therefrom (H1) Fatunbi v. Olanloye (2004) 6 KLR (pt. 182) 1733; (2004) 12 NWLR (Pt.887) 229

EVIDENCE - Criminal procedure - Additional evidence - After close of defence - Proper procedure under s. 200 CPL - Was not followed by trial court (H2) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

EVIDENCE - Criminal procedure - Identification of the accused - Where a case depends substantially on this - And defence alleges the identification to be mistaken - Court must be cautious (H2) Ukpabi v. State (2004) 6 KLR (pt. 181) 1641; (2004) 11 NWLR (Pt.884) 439

EVIDENCE - Criminal procedure - Murder - Withholding of evidence - By the prosecution as to cause of death - Doubt created thereby - Is resolved in accused person's favour (H4) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

EVIDENCE - Criminal Procedure - Proof of guilt - Proof beyond reasonable doubt - Is the burden on the prosecution - And it never shifts (H1) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

EVIDENCE - Documents - Admissibility - Confessional statement - Challenge thereof on grounds of non est factum - Is appropriately made when accused as witness - Denies making the statement (H8) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

EVIDENCE - Documents - Guarantee - Exhibit P13 being in the form of a guarantee - Is binding on the appellant (H4) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

EVIDENCE - Documents - Oral evidence - Cannot be admitted to contradict a document - Where it is inconsistent with the terms thereof (H1) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

EVIDENCE - Documents - Proof - Chieftaincy matters - Exhibit - That appointed 1st respondent as Chief - Allegation that it is contrary to Chiefs law - Is not substantiated (H6) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

EVIDENCE - Estoppel - Land law - Evidence - Upon which estoppel can be grounded - Was not established in this case (H6) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

EVIDENCE - Evaluation - Title - Traditional histories - Where trial court weighs both parties' stories - And finds one more probable - Recent acts of ownership - Need not be considered (H7) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

EVIDENCE - Exhibit - Proof - As the denial here is specific - Respondents failed to prove the land in dispute (H5) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

EVIDENCE - Exhibits - Purported admission in an exhibit is useless - As it does not relate to live issues in the matter (H6) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

EVIDENCE - Facts - Court's discretion - Exercise of - Need for court to give reasons - In justification of exercise of discretion - Which will be based on available facts (H8) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

EVIDENCE - Insurance - Unchallenged evidence - Evidence of report of claim to defendant - Is unchallenged - As concurrently found by the lower courts (H2) Leadway Assurance Ltd v. Zeco Ltd (2004) 4 KLR (pt. 174) 803; (2004) 11 NWLR (Pt.884) 316

EVIDENCE - Issues - Exhibits - Where the parties in agreement with trial court narrowed down the issues to one - Court of Appeal rightly remitted the case to the High Court - To determine whether 5th defendant - Was the person convicted vide exhibit A (H2) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

EVIDENCE - Judgments - Evidential burden of proof - Was wrongfully placed by the court - Upon the defendants (H6) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

EVIDENCE - Land law - Exhibits - Ignorance - Document witnessed against one's interest - In ignorance of his entitlement - Is not valid (H1) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

EVIDENCE - Land law - Sale of land - Where there was no evidence to contradict Plaintiff's claim - Defendant's appeal will be dismissed (H3) Mainagge v. Gwamna (2004) 7 KLR (pts. 184-186) 2191; (2004) 14 NWLR (Pt.893) 323

EVIDENCE - Manslaughter - Cause of death - Evidence of - Ambiguity in the medical reports evidence - As to cause of death - Will be resolved in favour of accused (H1) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129;

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

(2004) 3 NWLR (Pt.860) 367

EVIDENCE - Minutes of meeting - Weight of - Failure to prove that appellants attended the meeting - Makes the minutes, Exhibit Dl, weightless (H3) Jolayemi v. Alaoye (2004) 5 KLR (pt. 180) 1509; (2004) 12 NWLR (Pt.887) 322

EVIDENCE - Murder - Confessional Statement - Where merely denied - It is admissible without requiring a trial within trial (H1) Nsofor v. State (2004) 12 KLR (pts. 187-188) 2413; (2004) 18 NWLR (Pt.905) 292

EVIDENCE - Murder - Confessional statement of accused - And his evidence in court - Show that he intended to kill the deceased (H4) Aiguokhian v. State (2004) 4 KLR (pt. 174) 771; (2004) 7 NWLR (Pt.873) 565

EVIDENCE - Murder - Extra judicial statement - That is voluntary - Oral confessional testimony in court - All do support finding of guilt - Against the appellant (H2) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

EVIDENCE - Parties - Exhibits - Admission - Where parties and trial court were at one in admitting an exhibit - Present move by counsel to discredit that exhibit - Will not be allowed - As it will change his earlier position (H5) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

EVIDENCE - Pleadings - Binding effect of - Reliance on plaintiff's contrary evidence - In finding against him - Does not destroy the principle of binding effect of pleadings (H5) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

EVIDENCE - Pleadings - Documents - Facts that are material - Should be pleaded - And not evidence - That a document pleaded is not available - Does not preclude plaintiff - From relying on other credible evidence (H1) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

EVIDENCE - Pleadings - Evidence led by a party - Can be relied upon by

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

the other party (H2) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

EVIDENCE - Pleadings - Land matters - Miscarriage of justice - Issues related to a piece of evidence - Did not occasion miscarriage of justice (H3) Ojo v. Anibire (2004) 5 KLR (pt. 177) 1205; (2004) 10 NWLR (Pt.882) 571

EVIDENCE - Pleadings - Proof - A party is not bound to prove all averments - Proper evaluation of evidence by trial court - Will not be disturbed by appellate court (H8) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

EVIDENCE - Pleadings - Relevance of - Evidence - Must be given in support of pleadings - And a party is bound - By his pleadings (H1) Jolayemi v. Alaoye (2004) 5 KLR (pt. 180) 1509; (2004) 12 NWLR (Pt.887) 322

EVIDENCE - Proof - Administration of estates - Defendant failed to establish his assertion - Regarding concurrence of the former Administrators in the redevelopment project - Involving the conveyance of the properties in dispute to him (H5) Ibrahim v. Ojomo (2004) 1 KLR (pt. 171) 365; (2004) 4 NWLR (Pt.862) 89

EVIDENCE - Proof - Boundary - Survey plan - Burden on respondents to prove certainty of land claimed - Was not discharged (H8) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

EVIDENCE - Proof - Burden in civil cases - Is cast on the party who asserts the affirmative of a particular issue (H4) Ibrahim v. Ojomo (2004) 1 KLR (pt. 171) 365; (2004) 4 NWLR (Pt.862) 89

EVIDENCE - Proof - Burden of proof in civil cases - Is in two categories - Appellant's defence failed - As he led no credible evidence - To contradict that of the respondents (H4) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

EVIDENCE - Proof - Burden of proof lies on the person that asserts - Or

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

the party that judgment will be against - If no evidence were produced on either side (H1) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

EVIDENCE - Proof - Chieftaincy matters - Appointment - Claim by plaintiff - That he was appointed chief - Without proving it - Will be dismissed (H5) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

EVIDENCE - Proof - Chieftaincy matters - Production of candidates - For a chieftaincy stool - Is exclusive for appellants' family - As proved by pleadings and evidence (H2) Jolayemi v. Alaoye (2004) 5 KLR (pt. 180) 1509; (2004) 12 NWLR (Pt.887) 322

EVIDENCE - Proof - Criminal procedure - Allegations and counts against respondent - Being not proved by evidence - His conviction is not justified (H7) State v. Onyeukwu (2004) 7 KLR (pt. 183) 1875; (2004) 14 NWLR (Pt.893) 340

EVIDENCE - Proof - Custom - Party who alleges a custom - Is obliged to prove it - Unless it can be judicially noticed (H1) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

EVIDENCE - Proof - Delivery of goods - Oral evidence - Exclusion of - Is not merely based on availability of written document - But is based on s. 132(1) EA (H2) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

EVIDENCE - Proof - Land law - As the plaintiff did not plead traditional evidence - Any evidence in that line ought to be disregarded - And would go to no issue (H3) Ewo v. Ani (2004) 1 KLR (pt. 171) 327; (2004) 3 NWLR (Pt.861) 610

EVIDENCE - Proof - Murder - Cause of death - Burden of proof - Was wrongfully shifted to the accused - It rests squarely on the prosecution (H3) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

EVIDENCE - Proof - Pleadings - Land matters - Burden of proof in this case rests on the respondents - On the issue of common use but not title (H3) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

EVIDENCE - Proof - Probable certainty - Where there are specific claims - Plaintiff's duty is to prove essential facts succinctly (H4) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

EVIDENCE - Proof - Special damages - Banking - Claim of great loss - Where based on approximation and expression of opinion - Without factual unassailable evidence - The claim will fail (H3) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

EVIDENCE - Proof - Special damages - Proof of - Carriage of goods - Awards made in respect of the goods - Mere evidence of loss of the goods - Is not admissible - As proof of special damages (H4) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

EVIDENCE - Proof - Special damages - Submission by appellants counsel - That it was adequately pleaded and proved - Is not correct - As the evidence is deficient and weak (H2) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

EVIDENCE - Proof - Speculation - Burden of proof usually rests on plaintiff - He must prove what he asserts - Speculative observation cannot be a substitute to proof (H2) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

EVIDENCE - Proof - Title - Appellant did not prove title - Which presupposes exclusive right - As they admitted respondents title (H5) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

EVIDENCE - Proof - Title - Boundary - Burden of proof - Lies on plaintiff initially - But will not arise where identity of the land is not in issue (H4) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

(Pt.905) 362

EVIDENCE - Proof - Title - Communal ownership - The plaintiffs who claim communal ownership with defendants - Has the onus of proving same - Failing which their claim was rightly dismissed (H5) Ewo v. Ani (2004) 1 KLR (pt. 171) 327; (2004) 3 NWLR (Pt.861) 610

EVIDENCE - Proof - Title - Identity of land claimed - Burden of proof is on the plaintiff - But it will not arise - Where identity was never in issue (H6) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

EVIDENCE - Proof - Title - Identity of land in dispute - Can be proved by a clear oral evidence - Or by a survey plan (H4) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

EVIDENCE - Proof - Title - Survey plan - Identity of land in dispute - Onus is on plaintiff - Two ways to establish identity of the land - Survey plans tendered showed identity of the land (H3) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

EVIDENCE - Relevant fact - Criminal procedure - Evidence of a co-accused - Relevance of - Is not a relevant fact against the accused - Without being corroborated (H6) State v. Onyeukwu (2004) 7 KLR (pt. 183) 1875; (2004) 14 NWLR (Pt.893) 340

EVIDENCE - Sale of goods - Supply of goods - Document that reflected lesser quantity - Than that claimed to be delivered - Is not fatal in this case (H3) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

EVIDENCE - Service of process - Proof - Affidavit of service - Is best evidence of proof - Under normal circumstance (H10) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

EVIDENCE - Special damages - Proof of - Carriage of goods - Awards made in respect of the goods - Mere evidence of loss of the goods - Is not admissible - As proof of special damages (H4) Nwanji v. Coastal Services

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

EVIDENCE - Speculation - Documents - Where a document is speculative - Court should not rely on it (H4) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

EVIDENCE - Substantiality of - Evidence that is weak and devoid of substance - Can be safely ignored - By the other party and the court (H5) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

EVIDENCE - Succession - Yoruba Custom - Evidence in this case - Show that 1st respondent - Is the person to succeed his deceased father - Not a grandson (H1) Otun v. Otun (2004) 7 KLR (pts. 184-186) 2229; (2004) 14 NWLR (Pt.893) 381

EVIDENCE - Testimony of a party to a case - No law provides that a party must give evidence - At the trial - Though where he is the only competent witness - He stands the risk of having his witnesses' evidence - Regarded as hearsay - If he fails to give evidence (H1) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

EVIDENCE - Title - Common root - Party that establishes better title - Will succeed - And plaintiff is to satisfy court - As to precise nature of title claimed (H1) Okelola v. Adeleke (2004) 7 KLR (pts. 184-186) 1923; (2004) 13 NWLR (Pt.890) 306

EVIDENCE - Title - Proof - The onus of proof lies on the plaintiff - And he cannot rely on the weakness of the defence - Save where the defence supports plaintiff's case (H2) Okelola v. Adeleke (2004) 7 KLR (pts. 184-186) 1923; (2004) 13 NWLR (Pt.890) 306

EVIDENCE - Title - Traditional evidence - Not every story amounts to it - Evidence of events which happened within living memory - Will not be categorized as traditional evidence (H4) Ewo v. Ani (2004) 1 KLR (pt. 171) 327; (2004) 3 NWLR (Pt.861) 610

EVIDENCE - Title - Traditional history - Conflict in histories - Is resolved

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

vide facts - Or recent acts of ownership (H6) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

EVIDENCE - Unchallenged evidence - Courts - Where evidence given by a party was not challenged by the opposite party - It is always open to the court - To act on such evidence before it (H9) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

EVIDENCE - Unchallenged evidence - That is weak and devoid of substance - Can be safely ignored - By the other party and the court (H5) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

EVIDENCE - Uncontradicted evidence - Court's acceptance of it - Is subject to its credibility and probability (H6) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

EVIDENCE - Undenied averment - In respect of 11.5 percent interest rate - Claimed in respect of letters of credit - Is granted - As it was not denied (H6) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

EVIDENCE - Witnesses - Credibility - Two material inconsistent evidence under oath - Will discredit a witness as being truthful (H5) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

EVIDENCE - Witnesses - Demeanour and Credibility - Appellate court may not interfere - With trial court's findings on issue of credibility of a witness - But will disturb wrongful evaluation of evidence (H7) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

EVIDENCE - Witnesses - Failure to call a particular witness - Weakened appellant's case in this matter (H6) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

EVIDENCE - Witnesses - Hostile witness s. 207 E.A. - Plaintiffs' failure at trial - To treat PW3's contrary evidence as hostile - Cannot be corrected

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

on appeal (H3) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

EVIDENCE - Witnesses - Murder - Tainted evidence - PW1'S evidence - Is not tainted - Merely because he comes from deceased person's village (H5) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

EVIDENCE - Witnesses - Neglect to present relevant evidence - Court should give judgment to the other side (H2) Mainagge v. Gwamna (2004) 7 KLR (pts. 184-186) 2191; (2004) 14 NWLR (Pt.893) 323

EVIDENCE - Witnesses - Statement in writing - Found to be an admission - Was not shown to be obtained under duress - By the witness (H5) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

FAIR HEARING - Absence of - Vitiates the proceedings - It demands that court be fair and impartial (H2) Ekpeto v. Wanagho (2004) 12 KLR (pts. 187-188) 2507; (2004) 18 NWLR (Pt.905) 394

FAIR HEARING - Appeals - Denial of fair hearing - Is not what happened in this case - It is a matter of voluntary absence from court (H3) Ekpeto v. Wanagho (2004) 12 KLR (pts. 187-188) 2507; (2004) 18 NWLR (Pt.905) 394

FAMILY LAW - Customary law - Actions - Issue - Family headship - Custody of the symbol of authority - Is the central issue in this case (H1) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

FAMILY LAW - Family headship - Present acts of control/ownership - Were not exercised by the respondents over the family headship - To warrant applying Kojo v. Bonsie rule in their favour (H4) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

FAMILY LAW - Family headship - Yoruba custom - Apart from Lewis v.

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Bankole case precedent - Historical facts of practice of succession - Support 1st respondent's succession to the family headship (H2) Otun v. Otun (2004) 7 KLR (pts. 184-186) 2229; (2004) 14 NWLR (Pt.893) 381

FAMILY LAW - Family land - Sale of - Head of family's right - Does not arise - Where the family has delegated powers - To attorneys vide exhibit K (H4) Ojo v. Anibire (2004) 5 KLR (pt. 177) 1205; (2004) 10 NWLR (Pt.882) 571

FUNDAMENTAL RIGHTS - Actions - Commencement - An action for breach of contract of employment - Should be commenced by writ of summons - Not by fundamental right enforcement application (H4) Jack v. Uniagric (2004) 1 KLR (pt. 171) 349; (2004) 5 NWLR (Pt.865) 208

FUNDAMENTAL RIGHTS - Court with jurisdiction - The Federal High Court and the high court of a state have concurrent Jurisdiction (H1) Jack v. Uniagric (2004) 1 KLR (pt. 171) 349; (2004) 5 NWLR (Pt.865) 208

FUNDAMENTAL RIGHTS - Freedom from discrimination - Concept of slavery can no longer be tolerated in our modern society - It is the duty of the court to strike down any attempt to practice such discrimination (H3) Adejugbe v. Ologunja (2004) 2 KLR (pt. 173) 561; (2004) 6 NWLR (Pt.868) 46

FUNDAMENTAL RIGHTS - Jurisdiction of High Court - Has not been taken away by Decree No. 107 of 1993 - Even where the claim is against a Federal Government Agency - It can be handled by the High Court of a state where the breach occurred (H2) Jack v. Uniagric (2004) 1 KLR (pt. 171) 349; (2004) 5 NWLR (Pt.865) 208

FUNDAMENTAL RIGHTS - Procedure for its enforcement - Includes inter alia, securing leave of court first and foremost (H3) Jack v. Uniagric (2004) 1 KLR (pt. 171) 349; (2004) 5 NWLR (Pt.865) 208

ILLITERATES - Protection of - Documents - Purpose of s.3 of Illiterates Protection Law - The protection enures only to the illiterate (H3) Fatunbi v. Olanloye (2004) 6 KLR (pt. 182) 1733; (2004) 12 NWLR (Pt.887) 229

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

INJUNCTIONS - Company law - Provisional liquidator - Procedure for appointment of - Is clear under the law - Injunctive and preservation orders - Not based on facts - Are wrong in law (H9) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

INJUNCTIONS - Land dispute - Title - Possession - Where plaintiffs were not found - To be owners in possession - Their claim for perpetual injunction - Cannot be granted (H10) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

INJUNCTIONS - Title - Boundaries - Where both parties know the land in issue - Refusal to grant injunction and title - Is misconceived (H8) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

INJUNCTIONS - Trespass - Failure to prove the case - Leads to dismissal of a plaintiff's case - And retrial will not be ordered (H8) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

INSANITY - Abnormal behaviour - Is not evidence of insanity (H9) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

INSANITY - Defence of - Tendered by the accused himself - Is suspect and not usually taken seriously (H7) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

INSANITY - Mental disorder - Mere evidence of mental disorder in an accused - Without showing that it deprived the accused of capacity to understand what he was doing - And to know that he ought not to have done the act - Is no satisfactory evidence of insanity (H8) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

INSANITY - Motive - Mere absence of any evidence of motive for a crime - In not sufficient ground to infer mania (H6) Guobadia v. State (2004) 2 KLR (pt. 172) 543; (2004) 6 NWLR (Pt.869) 360

INSURANCE - Pleadings - Issue of oral report of claim - Was pleaded -

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Contrary to defendant's contention (H1) Leadway Assurance Ltd v. Zeco Ltd (2004) 4 KLR (pt. 174) 803; (2004) 11 NWLR (Pt.884) 316

INSURANCE - Unchallenged evidence - Evidence of report of claim to defendant - Is unchallenged - As concurrently found by the lower courts (H2) Leadway Assurance Ltd v. Zeco Ltd (2004) 4 KLR (pt. 174) 803; (2004) 11 NWLR (Pt.884) 316

JUDGMENTS - Actions - Preliminary objection - Appeal - Failure of a preliminary objection on appeal - Does not entitle plaintiff to judgment automatically (H8) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

JUDGMENTS - Appeal - Nullity of - Panel of the Court of Appeal - That delivered judgment - Being different from that that heard the appeal - Renders the proceedings a nullity (H2) Ubwa v. Yaweh (2004) 5 KLR (pt. 179) 1387

JUDGMENTS - Appeals - Absence of a party - On the day of judgment - Will not invalidate the judgment (H4) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

JUDGMENTS - Appeals - Adverse issues arising from judgment - A party who has judgment in his favour - And who has not cross-appealed or taken out a respondent's notice - Is not entitled to raise any adverse issue - Arising from the judgment (H2) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

JUDGMENTS - Appeals - Findings of trial court - That are worse than perverse - Confirmed by lower court - Cannot be defended from available evidence (H9) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

JUDGMENTS - Appeals - Judgment appealed against - Whether it is right - Is appellate court's concern - Not the reasons for the judgment (H11) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

JUDGMENTS - Appeals - Miscarriage of justice - Meaning of - To

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

conclude that miscarriage of justice occurred - Is not based on whether a different result - Would have been reached (H2) Ojo v. Anibire (2004) 5 KLR (pt. 177) 1205; (2004) 10 NWLR (Pt.882) 571

JUDGMENTS - Appeals - Pronouncement - By an appellate Court - Can only be made - In respect of a decision of the lower Court - And not in respect of a question that was not decided (H8) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

JUDGMENTS - Appeals - Setting aside trial court's judgment by appellate court - Means that the judgment is dismissed - Supreme Court frowns - At move to use technicalities to overshadow justice (H2) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

JUDGMENTS - Court of Appeal - For purpose of delivering judgment - Panel of 3 justices - One of whom did not hear the appeal - Is properly constituted (H1) Ubwa v. Yaweh (2004) 5 KLR (pt. 179) 1387

JUDGMENTS - Courts - Case for the parties - Duty of the Judge - Is not to make a case for the parties - Issue dabbled into by trial court - Was not an issue before the court (H5) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

JUDGMENTS - Courts - Decisions - Allegation of inconsistent decision against Court of Appeal - Is not correct (H2) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

JUDGMENTS - Courts - Evidence - Evaluation of - Scale of justice - Is where the trial judge will place an evidence - And give judgment in favour of the party - Where the evidence tilts favourably (H4) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

JUDGMENTS - Courts - Issue not before the court - Should not be raised by it suo motu (H1) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

JUDGMENTS - Courts - Issues - Suo motu raising of - Court has power to raise suo motu issue - But it must hear the prejudiced party - Before

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

resolving the issue (H2) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

JUDGMENTS - Evidential burden of proof - Was wrongfully placed by the court - Upon the defendants (H6) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

JUDGMENTS - Finality of - Appeals - Competence of appeal - Date of filing - Interlocutory or final decision - A decision is final - Where the matter will not be brought back to that court - As in this case (H1) Odutola v. Oderinde (2004) 5 KLR (pt. 180) 1487; (2004) 12 NWLR (Pt.888) 574

JUDGMENTS - Nonsuit - Appeals - Burden is on plaintiff to prove - That trial judge ought to have entered a nonsuit - Dismissal was rightly entered in the present case (H8) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

JUDGMENTS - Nonsuit order - Meaning of - Where neither party will be entitled to judgment - Court can enter a nonsuit (H7) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

JUDGMENTS - Nullity of - Court's failure to come to a considered judgment - Or failure to exercise discretion properly - Will not make the decision a nullity (H10) General & Aviation Serv. Ltd v. Thahal (2004) 4 KLR (pt. 175) 897; (2004) 10 NWLR (Pt.880) 50

JUDGMENTS - Service of process - Condition sine qua non for exercise of jurisdiction - Where the defendant claims non service of originating process - And proves same - The judgment entered against him is a nullity - And can be set aside by the court (H4) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

JUDGMENTS - Setting aside - Any court including the supreme court - Has inherit jurisdiction to set aside its own judgment - Given in a proceeding in which there has been a fundamental defect - Which goes to the issue of jurisdiction - This can be done by motion and not necessarily by way of appeal (H3) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

JUDGMENTS - Stare decisis - Concurring judgment - Weight of - Is equal with the leading judgment - Where it compliments it - And is relevant to the issues (H1) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

JUDGMENTS - Undefended list - Judgment entered on the undefended list - Is a judgment on the merits - Not on default - Court has inherent powers to set aside its default judgments (H1) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

JUDGMENTS - Undefended list - Null judgment - Setting aside judgment - The judge has no power to set aside his judgment under the undefended list - As if it were a default proceeding - Even if there was a mistake - But he can set it aside - For being a null judgment (H2) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

JUDGMENTS - Undefended list - Setting aside judgment - Judgment although obtained under the undefended list - Could be set aside by the court - As the defendant complained of non service which goes to the root of the case (H5) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

JUDGMENTS - Validity of - Exparte order - Until set aside - A judgment of the court is binding - Whether it is null or not (H12) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

JUDICIAL PRECEDENTS - Acquittal - Supreme Court - Stare decisis - Umani's case - Being a binding precedent - Grounds acquittal of appellant - Who should have been held guilty (H4) Ebri v. State (2004) 5 KLR (pt. 179) 1365; (2004) 11 NWLR (Pt.885) 589

JUDICIAL PRECEDENTS - Administrative law - Judicial powers - University - Garba's case - Is not meant to provide a cover for bad students - Effort of the respondents in this case - Towards arresting a perceived evil - Is not assumption of powers of the court (H3) Esiaga v. University of Calabar (2004) 4 KLR (pt. 174) 719; (2004) 7 NWLR (Pt.872) 366

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

JUDICIAL PRECEDENTS - Banking - Jurisdiction of Federal Revenue Court - As considered in Jammal and Bronik cases - Was misconceived by the Court of Appeal in this case (H1) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

JUDICIAL PRECEDENTS - Banking - Stare decisis - Jurisdiction of Federal High Court - Court of Appeal's decisions in Bi Zee Bee Hotels & Fembo cases - Being wrongfully decided - Were erroneously followed by the lower court (H2) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

JUDICIAL PRECEDENTS - Chieftaincy matters - Locus standi can be available to a ruling house - The principle in Momoh's case - Does not apply to this case (H1) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

JUDICIAL PRECEDENTS - Courts - Miscarriage of justice - Failure of lower court to consider relevant authority - Would not ipso facto constitute a miscarriage of justice (H4) Ebhodaghe v. Okoye (2004) 12 KLR (pts. 187-188) 2389; (2004) 18 NWLR (Pt.905) 242

JUDICIAL PRECEDENTS - Distinguishing - The case of A-G Ondo State v. A-G Federation - Is not relevant to this matter - As the ICPC Act does not impose any legal duty on the state governor (H5) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

JUDICIAL PRECEDENTS - Distinguishing - The case of Ekpendu v. Erika does not apply to the circumstances of this case (H4) Adejugbe v. Ologunja (2004) 2 KLR (pt. 173) 561; (2004) 6 NWLR (Pt.868) 46

JUDICIAL PRECEDENTS - Election Petitions - Stare decisis - Judgment of the Supreme court in Buhari's case - Was not ignored by the Election Tribunal (H9) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

JUDICIAL PRECEDENTS - Master & Servant - Garba's case - Has been misconstrued by many - The employer can dismiss - In all cases of gross misconduct (H2) Arinze v. First Bank (2004) 5 KLR (pt. 178) 1319; (2004)

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

12 NWLR (Pt.888) 663

JUDICIAL PRECEDENTS - Per incuriam decisions - Criminal Procedure - Joint trial - S.168 of the CPA - The observations in Arisah's and Obi's case - That declare joint trial on separate indictments a nullity - Are delivered per incuriam (H3) State v. Onyeukwu (2004) 7 KLR (pt. 183) 1875; (2004) 14 NWLR (Pt.893) 340

JUDICIAL PRECEDENTS - Stare decisis - Courts of similar jurisdiction - Are not bound by each others decision (H4) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18 NWLR (Pt.905) 416

JUDICIAL PRECEDENTS - Stare decisis - Decisions of foreign countries - Are merely of persuasive authority in Nigeria (H14) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

JUDICIAL PRECEDENTS - Stare decisis - Obiter dictum - Meaning and relevance of - It is persuasive - And not binding as ratio (H2) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

JUDICIAL PRECEDENTS - Stare decisis - Obiter dictum - Trespass - Licensee - Karibi-Whyte's concurring judgment in Dr. Chukwuma's case - Is not an obiter (H3) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

JUDICIAL PRECEDENTS - Stare decisis - Supreme Court case of Mustapha - Is not applicable here (H5) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18 NWLR (Pt.905) 416

JUDICIAL PRECEDENTS - Stare decisis - Trespass - Licensee - Dr. Chukwuma's case - Was rightly followed - In finding that a licensee - Cannot maintain an action in trespass against landlord (H4) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

JUDICIAL PRECEDENTS - Supreme Court - Stare decisis - Concurring judgment - Weight of - Is equal with the leading judgment - Where it compliments it - And is relevant to the issues (H1) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

JUDICIAL PRECEDENTS - Yoruba custom - Succession to family headship - Obiter of Nnaemeka-Agu JSC in Adesanya v. Otuewu - Is not binding on the lower courts (H3) Otun v. Otun (2004) 7 KLR (pts. 184-186) 2229; (2004) 14 NWLR (Pt.893) 381

JURISDICTION - Absence of - Courts - Should consider the issue of jurisdiction - Before any further step in the matter (H1) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

JURISDICTION - Appeals - Decision of lower Court - Was not that trial court lacked jurisdiction - But that it made some technical mistakes - In not conforming with s. 157(1) CPC - And the error did not affect exercise of jurisdiction (H10) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

JURISDICTION - Appeals - Fresh matters - Cannot be raised on appeal - But issue of jurisdiction is exceptional (H4) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

JURISDICTION - Appeals - Jurisdiction of Supreme Court - To hear appeals - Is not extended to decision of the High Court - But restricted to that of the Court of Appeal (H3) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

JURISDICTION - Appeals - Retrial - Where trial High Court lacked jurisdiction - The action will be commenced de novo - Before the Federal High Court (H6) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18 NWLR (Pt.905) 416

JURISDICTION - Appeals - Striking out - Where the appeal is incompetent - For want of jurisdiction - It would be struck out - And dismissed (H4) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

JURISDICTION - Banking - Courts - Absence of bank/customer relationship in this case - Confers jurisdiction only on the Federal High Court under s. 251 (1) (d) 1999 constitution (H3) Societe Bancaire (Nig) Ltd v. Margarida

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

Salvado De Lluch (2004) 12 KLR (pts. 187-188) 2451; (2004) 18 NWLR (Pt.905) 341

JURISDICTION - Banking - Federal High Court - Constitution - Proviso to S. 251(1) (d) of the 1999 Constitution - Grants concurrent jurisdiction to State High Courts - In individual customer & bank, transaction - Without taking away Federal High Court's jurisdiction (H6) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

JURISDICTION - Banking - Federal High Court - Failed bank matters - Supremacy of the Constitution - Renders Decrees that give that court - Exclusive jurisdiction in all failed bank cases - Inconsistent to an extent (H9) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

JURISDICTION - Banking - Negligence - Duty of care claim - Is still a matter pertaining to banking (H2) Societe Bancaire (Nig) Ltd v. Margarida Salvado De Lluch (2004) 12 KLR (pts. 187-188) 2451; (2004) 18 NWLR (Pt.905) 341

JURISDICTION - Chieftaincy matters - Actions - Present suit is not a chieftaincy dispute - As to raise the issue of jurisdiction (H2) Aroyewun v. Adediran (2004) 7 KLR (pts. 184-186) 2181; (2004) 13 NWLR (Pt.891) 628

JURISDICTION - Chieftaincy matters - Statutes in issue - Were not violated by the claim (H6) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

JURISDICTION - Constitution - Supremacy of - Jurisdiction of Federal High court - Decrees that are in conflict with the Constitution - Are not void - But should be read in the light - Consistent with the Constitution (H10) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

JURISDICTION - Constitutional law - Counterclaim - Extent of parties' legal rights - Being the dispute here - The Supreme Court has jurisdiction (H5) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188)

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

2259; (2004) 18 NWLR (Pt.904) 1

JURISDICTION - Courts - Cause of action - Law in force at the time the cause arose - Is the relevant law - While law conferring jurisdiction on the court - At point of filing the action - Is relevant in determining court's jurisdiction (H1) Adah v. NYSC (2004) 7 KLR (pts. 184-186) 2249; (2004) 13 NWLR (Pt.891) 639

JURISDICTION - Courts - Contempt of court issue - That arose while issue of jurisdiction was being considered - Was rightly handled first as both issues were separate (H3) Ebhodaghe v. Okoye (2004) 12 KLR (pts. 187-188) 2389; (2004) 18 NWLR (Pt.905) 242

JURISDICTION - Courts - Coordinate jurisdiction - Appeal - Conflicting order - Made by Federal High Court - That neutralized prior order of Lagos High court - Is like sitting on appeal over that prior order - And courts should not be at war with each other (H2) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

JURISDICTION - Courts - Declaratory action against federal agencies - Jurisdiction became vested upon Federal High Court - Instead of State High Court where this case was commenced (H3) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18 NWLR (Pt.905) 416

JURISDICTION - Courts - Issue of jurisdiction - Being a threshold issue - Should be taken by the court at any point (H1) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18 NWLR (Pt.905) 416

JURISDICTION - Courts - Jurisdiction as a central issue - Must generally be determined first when raised (H1) Ebhodaghe v. Okoye (2004) 12 KLR (pts. 187-188) 2389; (2004) 18 NWLR (Pt.905) 242

JURISDICTION - Courts - Orders - Competence of Federal High Court over a matter - Where State High Court has assumed jurisdiction - Federal High Court was wrong in taking up the matter - And making a contrary order therein (H5) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

JURISDICTION - Courts - Parties - Lack of jurisdiction - Brings a case to crumble - Parties cannot by connivance, acquiescence or waiver - Confer jurisdiction on the court (H2) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

JURISDICTION - Courts - State High Court - Action against Federal Government agencies - Was to be filed before the Federal High Court - At the time plaintiff filed his claim (H2) Adah v. NYSC (2004) 7 KLR (pts. 184-186) 2249; (2004) 13 NWLR (Pt.891) 639

JURISDICTION - Election Petitions - Complaint of the petitioner - That deal with infractions of the Constitution - And Companies Act - Will be struck out (H3) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

JURISDICTION - Elections - Presidential Election Tribunal - Has original jurisdiction under s. 239(1) of the 1999 Constitution - Which does not include matters constitutionally assigned -To state or federal high courts (H1) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

JURISDICTION - Federal High Court - S. 251(1) (d) of the 1999 Constitution - Gives that court exclusive jurisdiction - In all banking transactions - Subject to the proviso in that section (H3) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

JURISDICTION - Filing fees payment - Is mandatory for court to have jurisdiction - Where not paid in respect of additional reliefs - The reliefs will be struck out (H3) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

JURISDICTION - Fundamental nature of - In considering issue of jurisdiction - Only the writ of summons and the statement of claim - Are examined (H1) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

JURISDICTION - Fundamental Rights - Jurisdiction of High Court - Has not been taken away by Decree No. 107 of 1993 - Even where the claim

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

is against a Federal Government Agency - It can be handled by the High Court of a state where the breach occurred (H2) Jack v. Uniagric (2004) 1 KLR (pt. 171) 349; (2004) 5 NWLR (Pt.865) 208

JURISDICTION - Issue of - That arose before Court of Appeal - Can be challenged before Supreme Court - By a party that did not raise it before lower court (H3) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

JURISDICTION - Orders - Court of coordinate jurisdiction - Should not make orders - That would expose the court to ridicule (H1) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

JURISDICTION - Ouster of - Public Officers Decree No. 17 of 1984 - Once it is established that the officer was dismissed or retired under this Decree - A trial Court would have no jurisdiction to enquire into such dismissal, retirement or termination (H2) NEPA v. Osasanya (2004) 1 KLR (pt. 171) 223; (2004) 5 NWLR (Pt.867) 601

JURISDICTION - Parties - Duty to raise issue of jurisdiction - Falls on all the parties and the court (H2) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

JURISDICTION - Service of originating processes - Proof of - Service of process is very fundamental - To the issue of the jurisdiction and competence of the court to adjudicate (H6) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

JURISDICTION - Service of process - Condition sine qua non for exercise of jurisdiction - Where the defendant claims non service of originating process - And proves same - The judgment entered against him is a nullity - And can be set aside by the court (H4) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

LAND LAW - Abandoned properties - Edict No. 10 of 1970 - Interpretation - Section 3 of the Edict cannot be interpreted conjunctively - As if having remained away from his properties - 1st respondent fled from his properties (H1) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671;

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

(2004) 6 NWLR (Pt.869) 382

LAND LAW - Abandoned properties Decree No 90 of 1978 s. 1 - Construction - As the Decree did not define what amounts to "abandoned property" - It does not give legitimacy to a sale made by the committee of any property - Which is not shown by law or definition to be abandoned property (H13) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

LAND LAW - Abandoned property - Declaration of - The government or its official - Cannot simply declare any property abandoned - Without statutory authority which defines the word abandon (H12) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

LAND LAW - Certificate of occupancy - Legal basis of - Holder holds subject to conditions - Stipulated in the Land Use Act (H6) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

LAND LAW - Claim - To ascertain the exact claim of a plaintiff - Writ of summons, entire statement of claim and plans filed - Will be examined (H4) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

LAND LAW - Common use - Boundary - Survey plan - Burden on respondents to prove certainty of land claimed - Was not discharged (H8) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

LAND LAW - Customary law - Pledge of the land in dispute - Is an issue in this case not a mere after thought - Which was settled by the oath-taking (H5) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

LAND LAW - Customary law - Possession of land - Oath-taking - Being a recognized customary arbitration - Has settled this land dispute - Common law is not applicable (H4) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

LAND LAW - Customary tenancy - Forfeiture - Long possession - Denial

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

of overlord's title - Is a serious misbehaviour - That grounds forfeiture of possession (H1) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

LAND LAW - "Deserted property" - Edict No. 10 of 1970 - A particular property could not be labelled "deserted property" - Until the property was published in the gazette - And at a place in the custodian's office - Conspicuous and accessible to the public (H5) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

LAND LAW - Edict No 10 of 1970 - "Abandon" and "Abandonment" - Meaning - Has a fundament and mental element - Which was never contemplated by Edict No 10 of 1970 (H11) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

LAND LAW - Estoppel - Evidence - Upon which estoppel can be grounded - Was not established in this case (H6) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

LAND LAW - Evidence - Exhibits - Ignorance - Document witnessed against one's interest - In ignorance of his entitlement - Is not valid (H1) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

LAND LAW - Evidence - Pleadings - Land matters - Miscarriage of justice - Issues related to a piece of evidence - Did not occasion miscarriage of justice (H3) Ojo v. Anibire (2004) 5 KLR (pt. 177) 1205; (2004) 10 NWLR (Pt.882) 571

LAND LAW - Evidence - Sale of land - Where there was no evidence to contradict Plaintiff's claim - Defendant's appeal will be dismissed (H3) Mainagge v. Gwamna (2004) 7 KLR (pts. 184-186) 2191; (2004) 14 NWLR (Pt.893) 323

LAND LAW - Evidence Credibility - Sale of house - Evidence of plaintiff not being contradicted - Should be accorded credibility (H1) Mainagge v. Gwamna (2004) 7 KLR (pts. 184-186) 2191; (2004) 14 NWLR (Pt.893) 323

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

LAND LAW - Exhibits - Survey plan - Admission - Survey plan Exhibit C - Tendered by the plaintiffs - Admitted defendants' claim to the land (H3) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

LAND LAW - Family land - Sale of - Head of family's right - Does not arise - Where the family has delegated powers - To attorneys vide exhibit K (H4) Ojo v. Anibire (2004) 5 KLR (pt. 177) 1205; (2004) 10 NWLR (Pt.882) 571

LAND LAW - Identity of land in dispute - Can be proved by a clear oral evidence - Or by a survey plan (H4) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

LAND LAW - Identity of the land in dispute - Where found not to be in doubt - Any issue raised on the matter of location of the land - Is not relevant (H2) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

LAND LAW - Inheritance - Female children - Where entitled to inherit land in the absence of male children - Their deceased father's brother cannot inherit (H2) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

LAND LAW - Land tenure system - Common use claim by tenants - Is against our land tenure system - As a tenant does not share equal rights with the landlord (H10) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

LAND LAW - Land Use Act - Customary right of occupancy - Deemed holder of - Respondents who were in physical possession of the land - Are deemed holders of customary right of occupancy (H7) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

LAND LAW - Land Use Act - Deemed grants of rights of occupancy - Are as valid as express grants - And may not be defeated by any unlawful subsequent dealing - In respect of such land by the original owners thereof

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

(H8) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

LAND LAW - Landlord and tenant - Common use claim by tenants - Is against our land tenure system - As a tenant does not share equal rights with the landlord (H10) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

LAND LAW - "Lawful custody of deserted property" - Property must be shown to have been taken into lawful custody - As deserted property by the custodian - Before the question whether it was at any point in time abandoned property - Can be considered at all (H6) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

LAND LAW - Meaning of deserted property - Cannot be the same as abandoned property in the Edict - And to apply the concept of animus revertendi in the owner - Before the property would be identified as deserted is wrong (H10) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

LAND LAW - Mesne profits - Damages - Land law - Alternative claim - In which an amount was claimed as mesne profits - Or as damages for fraud - Can succeed on one arm of the claim (H4) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

LAND LAW - Nonsuit - Claim - On which the parties joined issue - Where there is concurrent finding against defendants - Nonsuit order is not justified (H7) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

LAND LAW - Ownership - Proof - Pleadings - As the plaintiff did not plead traditional evidence - Any evidence in that line ought to be disregarded - And would go to no issue (H3) Ewo v. Ani (2004) 1 KLR (pt. 171) 327; (2004) 3 NWLR (Pt.861) 610

LAND LAW - Ownership - Proof of - Five ways of proving ownership of land (H1) Ewo v. Ani (2004) 1 KLR (pt. 171) 327; (2004) 3 NWLR (Pt.861) 610

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

LAND LAW - Ownership - Where parties make opposing claims to land - Evidence of a third party ownership - Destroys the plaintiff's case (H2) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

LAND LAW - Pleadings - Value of - Traditional history - Failure to trace the original owner - In genealogical tree down to plaintiffs vide pleadings - Destroyed their case (H6) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

LAND LAW - Possession - Conflicting claims - Where two parties make conflicting claims to possession of the same land - The law ascribes possession to the person - That can prove better title to the land in dispute (H2) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

LAND LAW - Possession - Pleadings - Admission - De jure possession of the land in dispute - Was not admitted in favour of the respondents (H9) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

LAND LAW - Proof - Burden of proof in this case rests on the respondents - On the issue of common use but not title (H3) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

LAND LAW - Proof - General denial - Exhibits - As the denial here is specific - Respondents failed to prove the land in dispute (H5) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

LAND LAW - Proper issue of certificate of occupancy - Presumptions raised thereby - Where rebutted - Court can revoke the certificate (H7) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

LAND LAW - Question of objection - Under ss. 8 and 9 of the Edict - Could only arise if s. 7 relating to publication in the gazette - Is complied with - And only thereafter can the right of appeal under s. 10 arise (H7) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

LAND LAW - Right of agent to represent his principal - S. 3 of the Edict does not permit an agent to represent his principal - For the purpose of determining whether the property owner fled or remained away from his property (H9) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

LAND LAW - Right of appeal - Written judgment of the custodian handed to the claimant - Is the condition precedent to exercise the right under s. 10 of the Edict (H8) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

LAND LAW - Statutes - Land acquisition - Decree No. 33 of 1976 - Has no retroactive effect - And is effective and relevant - Only to public acquisitions - Made after its enactment on 1 - 7 - 1996 (H5) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

LAND LAW - Succession - Wills - Jointly owned landed property - Cannot be disposed of - By the Will of one of the late owners (H4) Okelola v. Adeleke (2004) 7 KLR (pts. 184-186) 1923; (2004) 13 NWLR (Pt.890) 306

LAND LAW - Survey plan - Counter plan - Where no plan was filed - An adverse party need not file a counter plan (H9) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

LAND LAW - Survey plan - Identity of land in dispute - Can be proved by a clear oral evidence - Or by a survey plan (H4) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

LAND LAW - Survey plan - Need for certainty of land in dispute - Makes survey plan necessary in this case - Though it is not a case for declaration of title (H7) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

LAND LAW - Survey plan - Title - Identity of land in dispute - Onus is on plaintiff - Two ways to establish identity of the land - Survey plans tendered showed identity of the land (H3) Ogun v. Akinyelu (2004) 12 KLR (pts.

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

187-188) 2361; (2004) 18 NWLR (Pt.905) 362

LAND LAW - Title - Boundary - Burden of proof - Lies on plaintiff initially - But will not arise where identity of the land is not in issue (H4) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

LAND LAW - Title - Common root - Party that establishes better title - Will succeed - And plaintiff is to satisfy court - As to precise nature of title claimed (H1) Okelola v. Adeleke (2004) 7 KLR (pts. 184-186) 1923; (2004) 13 NWLR (Pt.890) 306

LAND LAW - Title - Communal ownership - Proof - The plaintiffs who claim communal ownership with defendants - Have the onus of proving same - Failing which their claim was rightly dismissed (H5) Ewo v. Ani (2004) 1 KLR (pt. 171) 327; (2004) 3 NWLR (Pt.861) 610

LAND LAW - Title - Five methods of proving title to land - Where traditional history is in issue - When recent acts of ownership - Should be considered (H6) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

LAND LAW - Title - Identity of land claimed - Burden of proof is on the plaintiff - But it will not arise - Where identity was never in issue (H6) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

LAND LAW - Title - Injunction - Boundaries - Where both parties know the land in issue - Refusal to grant injunction and title - Is misconceived (H8) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

LAND LAW - Title - Nonsuit - Plaintiff that claims ownership of land - Must prove his title in any of the five ways - And he is not entitled to nonsuit - To repair his original case (H9) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

LAND LAW - Title - Possession - Injunction - Where plaintiffs were not

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

found - To be owners in possession - Their claim for perpetual injunction - Cannot be granted (H10) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

LAND LAW - Title - Proof - Appellant did not prove title - Which presupposes exclusive right - As they admitted respondents title (H5) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

LAND LAW - Title - Proof - Receipt of payment of money to the radical title owners of the land in dispute - Coupled with the respondents' effective physical possession of the land in dispute - Gave rise to a good equitable interest or title in the land to the respondents (H3) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

LAND LAW - Title - Proof - The onus of proof lies on the plaintiff - And he cannot rely on the weakness of the defence - Save where the defence supports plaintiff's case (H2) Okelola v. Adeleke (2004) 7 KLR (pts. 184-186) 1923; (2004) 13 NWLR (Pt.890) 306

LAND LAW - Title - Public acquisition of land by government - The law as it stood before 1st July, 1976 - Was that the issuing of a public notice of acquisition - Did not immediately confer title to government (H6) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

LAND LAW - Title - Right of the respondents - Granted under the receipt of payment - Coupled with their undisputed physical possession of the land in dispute - Predated the public notice of acquisition - And remained effective and unaffected (H4) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

LAND LAW - Title - Survey plan - Identity of land in dispute - Onus is on plaintiff - Two ways to establish identity of the land - Survey plans tendered showed identity of the land (H3) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

LAND LAW - Title - Traditional evidence - Not every story amounts to it

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

- Evidence of events which happened within living memory - Will not be categorized as traditional evidence (H4) Ewo v. Ani (2004) 1 KLR (pt. 171) 327; (2004) 3 NWLR (Pt.861) 610

LAND LAW - Title - Traditional histories - Where trial court weighs both parties' stories - And finds one more probable - Recent acts of ownership - Need not be considered (H7) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

LAND LAW - Title - Traditional history - Conflict in histories - Is resolved vide facts - Or recent acts of ownership (H6) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

LAND LAW - Title - Traditional history - Recent acts of possession - Being the basis for finding in respondents' favour - Issue of their place of migration - Cannot be a ground for rejecting their traditional history (H7) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

LAND LAW - Title - Traditional history evidence - Can solely support a claim for declaration of title (H5) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

LAND LAW - Title - Validity of - Those who purported to buy the 1st respondent's properties - Relying on Edict 10 of 1970 as well as Decree No. 90 of 1978 - Got no title irrespective of any purported certificates of occupancy (H14) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

LAND LAW - Torts - Presumption of advancement - Operates in favour of the respondent - In respect of the land in dispute (H5) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

LAND LAW - Traditional Evidence - Pleadings - What does not amount to sufficient pleading of tradition - What must be pleaded where one relies on tradition - Includes who founded the land (H2) Ewo v. Ani (2004) 1 KLR (pt. 171) 327; (2004) 3 NWLR (Pt.861) 610

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

LAND LAW - Trespass - Injunction - Failure to prove trespass - Makes claim for perpetual injunction to fail automatically (H7) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

LAND LAW - Trespass - Possession - Where a plaintiff fails to prove exclusive possession - Or right to possession - His action for trespass will fail (H6) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

LAND LAW - Trespass - To succeed in a claim for damages for trespass - The plaintiff must establish exclusive possession of the land in dispute - At all times material to the commission of the alleged tort (H1) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

LAND USE ACT - Certificate of occupancy - Legal basis of - Holder holds subject to conditions - Stipulated in the Land Use Act (H6) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

LAND USE ACT - Customary right of occupancy - Deemed holder of - Respondents who were in physical possession of the land - Are deemed holders of customary right of occupancy (H7) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

LAND USE ACT - Deemed grants of rights of occupancy - Are as valid as express grants - And may not be defeated by any unlawful subsequent dealing - In respect of such land by the original owners thereof (H8) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

LAND USE ACT - Proper issue of certificate of occupancy - Presumptions raised thereby - Where rebutted - Court can revoke the certificate (H7) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

LANDLORD & TENANT - Common use claim by tenants - Is against our land tenure system - As a tenant does not share equal rights with the landlord (H10) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

LANDLORD & TENANT - Customary tenancy - Forfeiture - Long possession - Denial of overlord's title - Is a serious misbehaviour - That grounds forfeiture of possession (H1) Ogun v. Akinyelu (2004) 12 KLR (pts. 187-188) 2361; (2004) 18 NWLR (Pt.905) 362

LANDLORD & TENANT - Trespass - Licensee - Stare decisis - Dr. Chukwuma's case - Was rightly followed - In finding that a licensee - Cannot maintain an action in trespass against landlord (H4) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

LANDLORD & TENANT - Trespass - Licensee - Stare decisis - Obiter dictum - Karibi-Whyte's concurring judgment in Dr. Chukwuma's case - Is not an obiter (H3) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

LEGAL DRAFTING - Documents - Proviso - Its effect on a section - Is to relax limitations or throw light - But not to completely neutralise the provisions (H2) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

LEGAL DRAFTING - Statutes - Proviso - Qualifies the ambit of the section - But not in a manner - That will neutralize powers conferred within the enactment (H8) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

LEGAL PRACTITIONERS - Actions - Party - Procedure adopted by counsel on behalf of a party - Which turns out to be unfavourable - Cannot be abandoned by that party and his counsel (H6) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

LEGAL PRACTITIONERS - Contracts - Professional fees - Quantum meruit - Claimed by a legal practitioner - Need to provide parameters and necessary evidence - And a bill of charges - That should particularize his fees (H4) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

LEGAL PRACTITIONERS - Contracts - Termination - Withdrawal of

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

brief from one's lawyer - Without justification - Is a breach of the contract of service (H1) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

LEGAL PRACTITIONERS - Fees - Quantum meruit - Plaintiff's bill of charges contained no particulars -That can ground quantum meruit award - And fees were fixed on erroneous basis (H6) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

LEGAL PRACTITIONERS - Parties - Exhibits - Admission - Where parties and trial court were at one in admitting an exhibit - Present move by counsel to discredit that exhibit - Will not be allowed - As it will change his earlier position (H5) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

LEGAL PRACTITIONERS - Party - Procedure adopted by counsel on behalf of a party - Which turns out to be unfavourable - Cannot be abandoned by that party and his counsel (H6) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

LEGAL PRACTITIONERS - Quantum meruit - Compensation for services to client - Should be assessed on the basis - Of the particulars of the nature of work done (H5) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

LEGAL PRACTITIONERS - Withdrawal of brief - Quantum meruit claim - Is not supported by the reliefs sought - As the claim is more like one for damages - For breach of contract - Which cannot stand in the circumstances (H7) Savannah Bank Plc v. Opanubi (2004) 7 KLR (pts. 184-186) 2103; (2004) 15 NWLR (Pt.896) 437

LEGISLATION - Bills - Constitutional law - Creation of new local government areas - Power to pass a bill lies with the State Assembly - Which shall make a return to the National Assembly - Section 8 (3) & (5) of the 1999 Constitution (H6) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

LEGISLATION - Constitutional law - Creation of local government areas - Passing of a bill by a State Legislature - Without the National Assembly passing the appropriate Act - Under ss. 8 (3) & (5) and 3 (6) of the 1999 Constitution - Makes the bill inchoate and lifeless (H4) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

LEGISLATION - Legal drafting - Proviso - Qualifies the ambit of the section - But not in a manner - That will neutralize powers conferred within the enactment (H8) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

LEGISLATION - National Assembly - Constitutional law - It has power to enact ss. 9 (1) (a), 9 (1) and 26 (1) (c) - Of the Corrupt Practices and Related Offences Act 2000 (H16) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

LEGISLATION - National Assembly - The Constitution confers powers on the National Assembly - To make laws with respect to offences arising from - Connected with or pertaining to corrupt practices and abuse of power (H15) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

LOCUS STANDI - Courts - Judicial precedents - Chieftaincy matters - Locus standi can be available to a ruling house - The principle in Momoh's case - Does not apply to this case (H1) Ladejobi v. Oguntayo (2004) 7 KLR (pts. 184-186) 2031; (2004) 18 NWLR (Pt. 904) 135

MANSLAUGHTER - Cause of death - Evidence of - Ambiguity in the medical reports evidence - As to cause of death - Will be resolved in favour of accused (H1) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

MASTER & SERVANT - Dismissal - Jurisdiction - Ouster of - Public Officers Decree No. 17 of 1984 - Once it is established that the officer was dismissed or retired under this Decree - A trial Court would have no jurisdiction to enquire into such dismissal, retirement or termination (H2) NEPA v. Osasanya (2004) 1 KLR (pt. 171) 223; (2004) 5 NWLR (Pt.867)

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

601

MASTER & SERVANT - Dismissal of a public officer summarily - Public Officers (Special Provisions) Decree No. 17 of 1984 - The Military Governor of a state or Head of State of the Federal Republic of Nigeria - Has power to summarily dismiss a public officer - Or remove him from public service compulsorily (H1) NEPA v. Osasanya (2004) 1 KLR (pt. 171) 223; (2004) 5 NWLR (Pt.867) 601

MASTER & SERVANT - Dismissal of public officer - Jurisdiction - Public officers Decree No. 17 of 1984 - Where dismissals were established to be issued on the authority of the appropriate authority - Trial court had no jurisdiction to entertain the suits (H7) NEPA v. Osasanya (2004) 1 KLR (pt. 171) 223; (2004) 5 NWLR (Pt.867) 601

MASTER & SERVANT - Dismissal of public officer - Public Officers Decree No. 17 1984 - What determines whether termination is in accordance with the Decree - Is evidence that the decision to terminate - Was taken by the appropriate authority (H4) NEPA v. Osasanya (2004) 1 KLR (pt. 171) 223; (2004) 5 NWLR (Pt.867) 601

MASTER & SERVANT - Dismissal of public officer - Public officers Decree No. 17 of 1984 - In deciding whether a public officer was dismissed on the authority of the appropriate authority - Court must go beyond the four walls of the letter of dismissal (H6) NEPA v. Osasanya (2004) 1 KLR (pt. 171) 223; (2004) 5 NWLR (Pt.867) 601

MASTER & SERVANT - Dismissal of public officer - Public officers Decree No. 17 of 1984 - The letter of termination or dismissal - Must not show ex facie that it was issued pursuant to the Decree (H5) NEPA v. Osasanya (2004) 1 KLR (pt. 171) 223; (2004) 5 NWLR (Pt.867) 601

MASTER & SERVANT - Dismissal of public officer - Where it is established that the appropriate authority or its delegate acted under the Decree - Or that the procedure adopted in putting the service to an end - Complies with the Decree - The court is precluded from going into the question of the validity of the action (H3) NEPA v. Osasanya (2004) 1 KLR (pt. 171) 223; (2004) 5 NWLR (Pt.867) 601

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

MASTER & SERVANT - Irresponsibility - Concurrent findings - Of acts of irresponsibility against appellant - Is the case here (H1) Arinze v. First Bank (2004) 5 KLR (pt. 178) 1319; (2004) 12 NWLR (Pt.888) 663

MASTER & SERVANT - Judicial precedent - Garba's case - Has been misconstrued by many - The employer can dismiss - In all cases of gross misconduct (H2) Arinze v. First Bank (2004) 5 KLR (pt. 178) 1319; (2004) 12 NWLR (Pt.888) 663

MATRIMONIAL CAUSES - Agreement to marry - A mere convivial or romantic relationship without more - Is not enough for a court - To find an agreement to marry (H3) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

MATRIMONIAL CAUSES - Agreement to marry - The law will in appropriate cases - Hold that parties intended to marry - In the absence of any written agreement to marry (H4) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

MATRIMONIAL CAUSES - Gift of property - On the basis of agreement to marry - As the appellant's testimony was uncontradicted - There was no evidence to show that the property in dispute was put up - Based on an agreement to marry - Or that there was such an agreement to marry at all (H5) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

MATRIMONIAL CAUSES - Premarital gifts - Cannot be predicated on a contract to marry - Parties must be ad idem in respect of any collateral transaction - Relating to the intended marriage (H11) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

MURDER - Appeals - Concurrent findings - That convicted appellant - Will not be disturbed (H4) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

MURDER - Cause of death - Medical certificate - May not be required in all cases - But it is a necessity in this case - Where death occurred 3 months

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

later (H2) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

MURDER - Confessional Statement - Where merely denied - It is admissible without requiring a trial within trial (H1) Nsofor v. State (2004) 12 KLR (pts. 187-188) 2413; (2004) 18 NWLR (Pt.905) 292

MURDER - Conviction - Admission by appellant - Should be evidence only against him - Thereby making issue of conspiracy in this case irrelevant (H6) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

MURDER - Conviction - First appellant was rightly convicted - Based on his confessional statement (H2) Nsofor v. State (2004) 12 KLR (pts. 187-188) 2413; (2004) 18 NWLR (Pt.905) 292

MURDER - Criminal responsibility - Criminal Code ss. 30 & 319 - Age of accused - Controversy over allegedly forged birth certificate is of no relevance in this case (H1) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

MURDER - Defence of mistake - Test of honest belief - Does not avail the appellant - As his story is bizarre and an affront to intelligence (H2) Aiguokhian v. State (2004) 4 KLR (pt. 174) 771; (2004) 7 NWLR (Pt.873) 565

MURDER - Evidence - Confessional statement of accused - And his evidence in court - Show that he intended to kill the deceased (H4) Aiguokhian v. State (2004) 4 KLR (pt. 174) 771; (2004) 7 NWLR (Pt.873) 565

MURDER - Extra judicial statement - That is voluntary - Oral confessional testimony in court - All do support finding of guilt - Against the appellant (H2) Amala v. State (2004) 6 KLR (pt. 182) 1783; (2004) 12 NWLR (Pt.888) 520

MURDER - Intention to kill - Is established against appellant - Regardless of his story (H3) Aiguokhian v. State (2004) 4 KLR (pt. 174) 771; (2004)

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

7 NWLR (Pt.873) 565

MURDER - Witnesses - Tainted evidence - PW1'S evidence - Is not tainted - Merely because he comes from deceased person's village (H5) Orisakwe v. State (2004) 5 KLR (pt. 180) 1539; (2004) 12 NWLR (Pt.887) 258

NEGLIGENCE - Courier service - Given the circumstances - Appellant was not negligent - In its despatch of mail to respondent (H3) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

NEGLIGENCE - Damages for personal injury - Is a claim for compensation for loss of capacity for future earnings - Which does not avail the respondent (H7) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

NEGLIGENCE - Duty of care - Can be imposed by law - Or created by contract (H1) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

ORDERS OF COURT - Appeals - Retrial order - Will not be made by appellate court - Where plaintiff's case has completely failed (H10) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

ORDERS OF COURT - Chieftaincy matters - Council of chiefs - Order of court - Does not derogate from the law - That requires Governor - To consult the council - Before approving an Emir elect (H7) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

ORDERS OF COURT - Constitutional law - Parties - Order of Federal High Court - That conflicts with prior State High Court Order - Shows lack of caution - As we operate one Constitution - And the parties cannot obey the respective orders (H3) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

ORDERS OF COURT - Courts - Coordinate jurisdiction - Appeal - Conflicting order - Made by Federal High Court - That neutralized prior

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

order of Lagos High court - Is like sitting on appeal over that prior order - And courts should not be at war with each other (H2) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

ORDERS OF COURT - Retrial - Ordered by lower court - Is proper (H5) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

ORDERS OF COURT - Retrial - Trespass - Failure to prove the case - Leads to dismissal of a plaintiff's case - And retrial will not be ordered (H8) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

PARTIES - Actions - Abuse of judicial process - By a Litigant - May occur in various ways - Such as multiplicity of action (H2) Agwasim v. Ojichie (2004) 4 KLR (pt. 176) 1121; (2004) 10 NWLR (Pt.882) 613

PARTIES - Actions - Appeals - Preliminary objection - Creation of states - That made some defendants improper parties - Amendment of those parties before the Supreme Court - Makes the preliminary objection irrelevant (H1) Osasona v. Ajayi (2004) 5 KLR (pt. 177) 1237; (2004) 14 NWLR (Pt. 894) 527

PARTIES - Actions - Exhibits - Admission - Where parties and trial court were at one in admitting an exhibit - Present move by counsel to discredit that exhibit - Will not be allowed - As it will change his earlier position (H5) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

PARTIES - Actions - Preliminary objection - Parties and the court - Must refrain from the merit of the matter (H1) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

PARTIES - Actions - Reliefs - Competence - As relief (3) Is a relief - Sought on behalf of people who are not parties to the action - It is incompetent and is accordingly struck out (H15) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

PARTIES - Appeals - Adverse issues arising from judgment - A party who

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

has judgment in his favour - And who has not cross-appealed or taken out a respondent's notice - Is not entitled to raise any adverse issue - Arising from the judgment (H2) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

PARTIES - Appeals - Judgments - Absence of a party - On the day of judgment - Will not invalidate the judgment (H4) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

PARTIES - Chieftaincy matters - Vested right - Selection of 1st respondent by the kingmakers - Though Governor's approval was not acquired - He has a vested right in the emirate (H6) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

PARTIES - Courts - Orders - Constitutional law - Parties - Order of Federal High Court - That conflicts with prior State High Court Order - Shows lack of caution - As we operate one Constitution - And the parties cannot obey the respective orders (H3) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

PARTIES - Customary law - Oath-taking - Arbitration - Resiling from - Appellants cannot resile from the oath-taking - They were instrumental to (H3) Onyenge v. Ebere (2004) 6 KLR (pt. 182) 1711; (2004) 13 NWLR (Pt.889) 20

PARTIES - Election Petitions - Joinder of - Complaint that some respondents were improperly joined - Cannot be raised by another respondent (H5) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

PARTIES - Election Petitions - Misjoinder of parties - Where a party is struck out for misjoinder - Paragraph of the Petition relating to him - Is rightly Struck out (H8) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR (Pt.877) 144

PARTIES - Election Petitions - Parties - Non-joinder of necessary parties - Does not arise in paragraphs 12, 14 and 16 - As to warrant striking them out (H4) Obasanjo v. Yusuf (2004) 5 KLR (pt. 177) 1143; (2004) 9 NWLR

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

(Pt.877) 144

PARTIES - Evidence - Witnesses - Failure to call a particular witness - Weakened appellant's case in this matter (H6) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

PARTIES - Jurisdiction - Courts - Lack of jurisdiction - Brings a case to crumble - Parties cannot by connivance, acquiescence or waiver - Confer jurisdiction on the court (H2) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

PARTIES - Jurisdiction - Duty to raise issue of jurisdiction - Falls on all the parties and the court (H2) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

PARTIES - Jurisdiction - Issue of - That arose before Court of Appeal - Can be challenged before Supreme Court - By a party that did not raise it before lower court (H3) Elugbe v. Omokhafe (2004) 12 KLR (pts. 187-188) 2433; (2004) 18 NWLR (Pt.905) 319

PARTIES - Opportunity to present a party's case - The 4th respondent was a person who had opportunity to present his case - Which he did - And therefore could not be said to be "a person who is not a party to the cause" (H17) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

PARTIES - Proof - Burden of proof lies on the person that asserts - Or the party that judgment will be against - If no evidence were produced on either side (H1) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

PARTIES - Proper party - The 4th respondent was a proper party - Against whom judgment ought to have been given by the court of Appeal - Had it taken the right decision to restore his name to the suit (H18) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

PLEADINGS - Banking - Interest rate - Unilateral increase thereof - Not supported by any pleading - Is resolved against the defendant (H7) Okolo

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

PLEADINGS - Banking - Loan account - Concurrent findings - Pleadings and evidence - Did not show how appellants paid the loan they were owing - As rightly found by the courts below (H5) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

PLEADINGS - Binding effect of - Reliance on plaintiff's contrary evidence - In finding against him - Does not destroy the principle of binding effect of pleadings (H5) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

PLEADINGS - Claim - Land matters - To ascertain the exact claim of a plaintiff - Writ of summons, entire statement of claim and plans filed - Will be examined (H4) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

PLEADINGS - Claims - Interest - Averment - In respect of 11.5 percent interest rate - Claimed in respect of letters of credit - Is granted - As it was not denied (H6) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

PLEADINGS - Courts - Damages - Assessment of - Should be based on pleadings and evidence - Lower courts erred - In awarding what was not claimed (H6) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

PLEADINGS - Courts - Fair hearing - Court to limit itself - To issues raised in the pleadings - As to go outside them is denial of fair hearing (H4) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

PLEADINGS - Courts - Nature of the case before the court - Was not appreciated by the trial court - Which occasioned a miscarriage of justice (H3) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

PLEADINGS - Documents - Facts that are material - Should be pleaded

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

- And not evidence - That a document pleaded is not available - Does not preclude plaintiff - From relying on other credible evidence (H1) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

PLEADINGS - Evidence - Admissibility - Courts - Where evidence upon which damages were awarded - Are inadmissible - Supreme Court will expunge them (H7) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

PLEADINGS - Evidence - Admissibility of unpleaded evidence - The 4th respondent admitted buying the property himself - Without any averment as to his son having anything to do with the property - Such evidence was therefore inadmissible - And went to no issue (H16) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

PLEADINGS - Evidence - Land matters - Miscarriage of justice - Issues related to a piece of evidence - Did not occasion miscarriage of justice (H3) Ojo v. Anibire (2004) 5 KLR (pt. 177) 1205; (2004) 10 NWLR (Pt.882) 571

PLEADINGS - Evidence - Proof - A party is not bound to prove all averments - Proper evaluation of evidence by trial court - Will not be disturbed by appellate court (H8) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

PLEADINGS - Evidence led by a party - Can be relied upon by the other party (H2) Iheanacho v. Chigere (2004) 7 KLR (pts. 184-186) 2153; (2004) 17 NWLR (Pt.901) 130

PLEADINGS - Insurance - Issue of oral report of claim - Was pleaded - Contrary to defendant's contention (H1) Leadway Assurance Ltd v. Zeco Ltd (2004) 4 KLR (pt. 174) 803; (2004) 11 NWLR (Pt.884) 316

PLEADINGS - Land law - Ownership As the plaintiff did not plead traditional evidence - Any evidence in that line ought to be disregarded - And would go to no issue (H3) Ewo v. Ani (2004) 1 KLR (pt. 171) 327; (2004) 3 NWLR (Pt.861) 610

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

PLEADINGS - Land law - Possession - Admission - De jure possession of the land in dispute - Was not admitted in favour of the respondents (H9) Ezeukwu v. Ukachukwu (2004) 7 KLR (pts. 184-186) 2001; (2004) 17 NWLR (Pt.902) 227

PLEADINGS - Land law - Traditional Evidence - What does not amount to sufficient pleading of tradition - What must be pleaded where one relies on tradition - Includes who founded the land (H2) Ewo v. Ani (2004) 1 KLR (pt. 171) 327; (2004) 3 NWLR (Pt.861) 610

PLEADINGS - Necessity of - Facts not pleaded go to no issue - Rationale behind this principle - Is to save time (H6) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

PLEADINGS - Proof - General denial - Exhibits - Land dispute - As the denial here is specific - Respondents failed to prove the land in dispute (H5) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

PLEADINGS - Proof - Pleadings - Land matters - Burden of proof in this case rests on the respondents - On the issue of common use but not title (H3) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

PLEADINGS - Proof - Submission by appellants counsel - That it was adequately pleaded and proved - Is not correct - As the evidence is deficient and weak (H2) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

PLEADINGS - Relevance of - Evidence - Must be given in support of pleadings - And a party is bound - By his pleadings (H1) Jolayemi v. Alaoye (2004) 5 KLR (pt. 180) 1509; (2004) 12 NWLR (Pt.887) 322

PLEADINGS - Reply - New ground of claim - O. 16 r. 12 High Court Rules of Lagos State - Demands that a plaintiff's reply - Should not raise new ground of claim - Save by way of amendment (H1) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

PLEADINGS - Reply - Striking out - Courts - Hearing the parties - Was

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

a necessity trial court should have observed - Before striking out part of the amended reply (H3) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

PLEADINGS - Reply - New ground of claim O. 16 r. 12 HCR of Lagos State - Where plaintiff's reply is in answer - To a different set of facts pleaded by defendant - O. 16 r. 12 is not breached by that reply (H2) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

PLEADINGS - Resulting trust - Material facts - What is required to be pleaded is material facts - As opposed to the legal result or legal consequence - As held by lord Denning in Re Vandervell's Trust (No2) (H9) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

PLEADINGS - Special damages - Proof - Plaintiff claiming special damages - Is obliged to plead, particularize and prove same (H3) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

PLEADINGS - Trusts - Resulting trust - Pleading of - Defendant failed to plead the trust and its breach in the statement of defence - Which is prejudicial to his case (H8) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

PLEADINGS - Value of - Land law - Traditional history - Failure to trace the original owner - In genealogical tree down to plaintiffs vide pleadings - Destroyed their case (H6) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

PLEADINGS - Writ of summons - Statement of claim - As it supersedes the writ - Complaint against the amended writ and claim - Is not well founded (H8) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

PRACTICE & PROCEDURE - Actions - Cause of action - Determining whether it exists - Is by restricted reference to the statement of claim - And writ of summons (H2) Union Bank Plc v. Umeoduagu (2004) 7 KLR (pt. 183) 1839; (2004) 13 NWLR (Pt.890) 352

INDEX OF SUBJECT MATTER ALL SC 2004 DECISIONS

PRACTICE & PROCEDURE - Actions - Commencement - An action for breach of contract of employment - Should be commenced by writ of summons - Not by fundamental right enforcement application (H4) Jack v. Uniagric (2004) 1 KLR (pt. 171) 349; (2004) 5 NWLR (Pt.865) 208

PRACTICE & PROCEDURE - Actions - Limitation of - Affidavit - Date cause of action arose - As alleged by the defence - Need not be contradicted - By filing a counter affidavit (H4) Woherem v. Emeruwa (2004) 7 KLR (pt. 183) 1857; (2004) 13 NWLR (Pt.890) 398

PRACTICE & PROCEDURE - Actions - Limitation of - Computation of time - Is determined through the writ and claim in limine - But where issue is joined - The position is different (H2) Woherem v. Emeruwa (2004) 7 KLR (pt. 183) 1857; (2004) 13 NWLR (Pt.890) 398

PRACTICE & PROCEDURE - Actions - Limitation of - Statute-bar - Courts - Reliance on the defence - In holding that the action is statute-barred - Is not justified (H3) Woherem v. Emeruwa (2004) 7 KLR (pt. 183) 1857; (2004) 13 NWLR (Pt.890) 398

PRACTICE & PROCEDURE - Appeals - Miscarriage of justice - Meaning of - To conclude that miscarriage of justice occurred - Is not based on whether a different result - Would have been reached (H2) Ojo v. Anibire (2004) 5 KLR (pt. 177) 1205; (2004) 10 NWLR (Pt.882) 571

PRACTICE & PROCEDURE - Appeals - Objection - Extension of time to appeal - Granted by high court registrar - Is not provided for under the rules - Appellants are entitled to object as the granted extension is void ab initio (H1) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

PRACTICE & PROCEDURE - Appeals - Striking out - Where the appeal is incompetent - For want of jurisdiction - It would be struck out - And dismissed (H4) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

PRACTICE & PROCEDURE - Claim - Language that flows freely - Is

INDEX OF SUBJECT MATTER TO ALL SC 2004 DECISIONS

necessary in putting across a clear claim - Devoid of confusion (H7) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

PRACTICE & PROCEDURE - Claims - Courts - Relief that was not claimed - Should not be granted by court (H4) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

PRACTICE & PROCEDURE - Contempt of court - Publication - That needed further investigation - As to whether contemptuous - Does not make issue of contempt central at that stage (H2) Ebhodaghe v. Okoye (2004) 12 KLR (pts. 187-188) 2389; (2004) 18 NWLR (Pt.905) 242

PRACTICE & PROCEDURE - Courts - Orders - Procedural law - Jurisdiction - Court of coordinate jurisdiction - Should not make orders - That would expose the court to ridicule (H1) NIMB Ltd v. Union Bank (2004) 4 KLR (pt. 175) 953; (2004) 12 NWLR (Pt.888) 599

PRACTICE & PROCEDURE - Evidence - Testimony of a party to a case - No law provides that a party must give evidence - At the trial - Though where he is the only competent witness - He stands the risk of having his witnesses' evidence - Regarded as hearsay - If he fails to give evidence (H1) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

PRACTICE & PROCEDURE - Evidence - Proof - Burden of proof in civil cases - Is in two categories - Appellant's defence failed - As he led no credible evidence - To contradict that of the respondents (H4) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

PRACTICE & PROCEDURE - Fees - Filing fees payment - Is mandatory for court to have jurisdiction - Where not paid in respect of additional reliefs - The reliefs will be struck out (H3) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

PRACTICE & PROCEDURE - Judgment - Setting aside - Any court

INDEX OF SUBJECT MATTER TO ALL SC 2004 DECISIONS

including the supreme court - Has inherit jurisdiction to set aside its own judgment - Given in a proceeding in which there has been a fundamental defect - Which goes to the issue of jurisdiction - This can be done by motion and not necessarily by way of appeal (H3) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

PRACTICE & PROCEDURE - Jurisdiction - Contempt of court issue - That arose while issue of jurisdiction was being considered - Was rightly handled first as both issues were separate (H3) Ebhodaghe v. Okoye (2004) 12 KLR (pts. 187-188) 2389; (2004) 18 NWLR (Pt.905) 242

PRACTICE & PROCEDURE - Nonsuit - Appeals - Burden is on plaintiff to prove - That trial judge ought to have entered a nonsuit - Dismissal was rightly entered in the present case (H8) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

PRACTICE & PROCEDURE - Nonsuit - Land matters - Claim - On which the parties joined issue - Where there is concurrent finding against defendants - Nonsuit order is not justified (H7) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

PRACTICE & PROCEDURE - Nonsuit - Title - Plaintiff that claims ownership of land - Must prove his title in any of the five ways - And he is not entitled to nonsuit - To repair his original case (H9) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

PRACTICE & PROCEDURE - Nonsuit order - Meaning of - Where neither party will be entitled to judgment - Court can enter a nonsuit (H7) Odi v. Iyala (2004) 4 KLR (pt. 174) 741; (2004) 8 NWLR (Pt.875) 283

PRACTICE & PROCEDURE - Objection - Appeal - Question that ought be raised as objection - In the course of trial - Is incompetent before the Supreme Court (H11) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

PRACTICE & PROCEDURE - Pleadings - Documents - Facts that are material - Should be pleaded - And not evidence - That a document pleaded is not available - Does not preclude plaintiff - From relying on other credible

INDEX OF SUBJECT MATTER TO ALL SC 2004 DECISIONS

evidence (H1) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

PRACTICE & PROCEDURE - Pleadings - Relevance of - Evidence - Must be given in support of pleadings - And a party is bound - By his pleadings (H1) Jolayemi v. Alaoye (2004) 5 KLR (pt. 180) 1509; (2004) 12 NWLR (Pt.887) 322

PRACTICE & PROCEDURE - Pleadings - Reply - New ground of claim - O. 16 r. 12 High Court Rules of Lagos State - Demands that a plaintiff's reply - Should not raise new ground of claim - Save by way of amendment (H1) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

PRACTICE & PROCEDURE - Pleadings - Reply - New ground of claim O. 16 r. 12 HCR of Lagos State - Where plaintiff's reply is in answer - To a different set of facts pleaded by defendant - O. 16 r. 12 is not breached by that reply (H2) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

PRACTICE & PROCEDURE - Pleadings - Reply - Striking out - Hearing the parties - Was a necessity trial court should have observed - Before striking out part of the amended reply (H3) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

PRACTICE & PROCEDURE - Pleadings -Necessity of - Facts not pleaded go to no issue - Rationale behind this principle - Is to save time (H6) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

PRACTICE & PROCEDURE - Professional fees - Sought to be recovered as damages - Has no basis - And is an usual claim in Nigeria for now - Where Solicitor's fees - Are not awarded as part of damages in court cases (H6) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

PRACTICE & PROCEDURE - Service of process - Conflicting affidavits on the issue of service - The trial court should call for oral evidence to enable him determine the truth (H11) Mark v. Eke (2004) 1 KLR (pt. 171)

INDEX OF SUBJECT MATTER TO ALL SC 2004 DECISIONS

395; (2004) 5 NWLR (Pt.865) 54

PRACTICE & PROCEDURE - Service of process - Proof - Affidavit of service - Is best evidence of proof - Under normal circumstance (H10) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

PRACTICE & PROCEDURE - Service of process - Substituted service - On a natural person - When it can be ordered - Procedure for applying for such substituted service (H10) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

PRACTICE & PROCEDURE - Unchallenged evidence - Courts - Where evidence given by a party was not challenged by the opposite party - It is always open to the court - To act on such evidence before it (H9) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

PRACTICE & PROCEDURE - Undefended list - Judgment entered on the undefended list - Is a judgment on the merits - Not on default - Court has inherent powers to set aside its default judgments (H1) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

PRACTICE & PROCEDURE - Undefended list - Null judgment - Setting aside judgment - The judge has no power to set aside his judgment under the undefended list - As if it were a default proceeding - Even if there was a mistake - But he can set it aside - For being a null judgment (H2) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

PRACTICE & PROCEDURE - Undefended list - Setting aside judgment - Judgment although obtained under the undefended list - Could be set aside by the court - As the defendant complained of non service which goes to the root of the case (H5) Mark v. Eke (2004) 1 KLR (pt. 171) 395; (2004) 5 NWLR (Pt.865) 54

PRACTICE & PROCEDURE - Waiver - Claim - Amendment of - Without leave, and without payment of court fees - Not being raised before trial court - The issues are deemed to be waived (H9) Jikantoro v. Dantoro

INDEX OF SUBJECT MATTER TO ALL SC 2004 DECISIONS

(2004) 5 KLR (pt. 178) 1331

PRACTICE & PROCEDURE - Writ of summons - Pleadings - Statement of claim - As it supersedes the writ - Complaint against the amended writ and claim - Is not well founded (H8) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

PROPERTY LAW - Torts - Presumption of advancement - Operates in favour of the respondent - In respect of the land in dispute (H5) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

RULES OF COURT - Actions - Contracts - Place of action for breach - Is where the contract was made - Amongst other options - Under O. IA r. 3 High Court Rules of Lagos State 1972 (H7) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

RULES OF COURT - Appeals - Briefs of appeal - Record of proceedings - Index thereof - Definition of - A record that contains table of contents - Is not void for not using the expression index in context of O. 7 r. 7 (H1) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

RULES OF COURT - Appeals - Court of Appeal - Dismissal of appeal O. 6 r. 10 CA Rules - Where appellant failed to file brief - Within 60 days, and within 30 days extension - The condition for dismissing the appeal existed (H1) Ekpeto v. Wanagho (2004) 12 KLR (pts. 187-188) 2507; (2004) 18 NWLR (Pt.905) 394

RULES OF COURT - Appeals - Court of Appeal - Dismissal of appeal - For failure to file brief under O. 6 r. 10 CA Rules - Lower court cannot relist the dismissed appeal (H4) Ekpeto v. Wanagho (2004) 12 KLR (pts. 187-188) 2507; (2004) 18 NWLR (Pt.905) 394

RULES OF COURT - Appeals - Grounds of appeal - Vagueness of - Justified their being struck out - By the Court of Appeal - For not complying with O.3 r .2 (4) Court of Appeal Rules (H2) Osasona v. Ajayi (2004) 5 KLR (pt. 177) 1237; (2004) 14 NWLR (Pt. 894) 527

INDEX OF SUBJECT MATTER TO ALL SC 2004 DECISIONS

RULES OF COURT - Appeals - Objection - Extension of time to appeal - Granted by high court registrar - Is not provided for under the rules - Appellants are entitled to object as the granted extension is void ab initio (H1) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

RULES OF COURT - Appeals - Re-listing of appeal - Court of Appeal Rules O.6 r . 10 - Appeal dismissed under this rule - Cannot be re-listed or revived by any court (H2) Kraus Thompson Org. v. NIPSS (2004) 5 KLR (pt. 177) 1223; (2004) 17 NWLR (Pt.901) 44

RULES OF COURT - Applicability of - Justiciability of an action - Applicable law and Rules of Court - The Law applicable at the time cause of action arose is applied - While the Rules of Court in force at trial time are applied (H2) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

RULES OF COURT - Court of Appeal Rules - Noncompliance with the Rules - Statutory interpretation - O.7 r. 3 being a general provision - Will not apply to undermine the effect of O.6 r. 10 being a specific provision (H3) Kraus Thompson Org. v. NIPSS (2004) 5 KLR (pt. 177) 1223; (2004) 17 NWLR (Pt.901) 44

RULES OF COURT - Fees - Filing fees payment - Is mandatory for court to have jurisdiction - Where not paid in respect of additional reliefs - The reliefs will be struck out (H3) Okolo v. Union Bank (2004) 1 KLR (pt 170) 1; (2004) 3 NWLR (Pt.859) 87

RULES OF COURT - Pleadings - Reply - New ground of claim - O. 16 r. 12 High Court Rules of Lagos State - Demands that a plaintiff's reply - Should not raise new ground of claim - Save by way of amendment (H1) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

RULES OF COURT - Pleadings - Reply - New ground of claim O. 16 r. 12 HCR of Lagos State - Where plaintiff's reply is in answer - To a different set of facts pleaded by defendant - O. 16 r. 12 is not breached by that reply (H2) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16

INDEX OF SUBJECT MATTER TO ALL SC 2004 DECISIONS

NWLR (Pt.899) 300

SALE OF GOODS - Delivery - Proof - Oral evidence - Exclusion of - Is not merely based on availability of written document - But is based on s. 132(1) EA (H2) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

SALE OF GOODS - Evidence - Supply of goods - Document that reflected lesser quantity - Than that claimed to be delivered - Is not fatal in this case (H3) Ezemba v. Ibeneme (2004) 7 KLR (pts. 184-186) 1939; (2004) 14 NWLR (Pt.894) 617

SALE OF GOODS - International trade - Letters of credit - Interest - Averment - In respect of 11.5 percent interest rate - Claimed in respect of letters of credit - Is granted - As it was not denied (H6) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

STATUTES - Abandoned properties - Edict No. 10 of 1970 - Interpretation - Section 3 of the Edict cannot be interpreted conjunctively - As if having remained away from his properties - 1st respondent fled from his properties (H1) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

STATUTES - Abandoned properties Decree No 90 of 1978 s. 1 - Construction - As the Decree did not define what amounts to "abandoned property" - It does not give legitimacy to a sale made by the committee of any property - Which is not shown by law or definition to be abandoned property (H13) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

STATUTES - Applicability of - Justiciability of an action - Applicable law and Rules of Court - The Law applicable at the time cause of action arose is applied - While the Rules of Court in force at trial time are applied (H2) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

STATUTES - Chieftaincy matters - Chiefs Law s.7 - Council of chiefs -

Order of court - Does not derogate from the law - That requires Governor - To consult the council - Before approving an Emir elect (H7) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

STATUTES - Constitutional law - Elections - Statute that seeks to disqualify election candidate - Ought to be interpreted strictly - As properly done by the Court of Appeal (H7) Okotie-Eboh v. Manager (2004) 12 KLR (pts. 187-188) 2469; (2004) 18 NWLR (Pt.905) 242

STATUTES - Court Martial - Composition of - Armed Forces Act 1993 s. 129 - Liaison officer - Meaning of - Absence of Liaison officer and waiting member - Does not nullify the trial (H1) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

STATUTES - Courts - Jurisdiction - Decree 107 of 1993 - Declaratory action against federal agencies - Jurisdiction became vested upon Federal High Court - Instead of State High Court where this case was commenced (H3) Olutola v. University of Ilorin (2004) 12 KLR (pts. 187-188) 2525; (2004) 18 NWLR (Pt.905) 416

STATUTES - "Deserted property" - Edict No. 10 of 1970 - A particular property could not be labelled "deserted property" - Until the property was published in the gazette - And at a place in the custodian's office - Conspicuous and accessible to the public (H5) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

STATUTES - Expropriatory Statutes - Interpretation - The Courts attitude is to adopt the principle of strict construction - Which leans in favour of the citizen whose property rights are being denied (H4) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

STATUTES - ICPC Act 2000 - Contents - The Act does not legislate with respect to the entire wide field of fraud (H9) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

STATUTES - Illiterates Protection Law s.3 - Documents - Purpose of this section - The protection enures only to the illiterate (H3) Fatunbi v. Olanloye (2004) 6 KLR (pt. 182) 1733; (2004) 12 NWLR (Pt.887) 229

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

STATUTES - Interpretation - Courts - Clear provision of a law - Is to be given their ordinary interpretation by court - Though it will cause hardship (H5) Kraus Thompson Org. v. NIPSS (2004) 5 KLR (pt. 177) 1223; (2004) 17 NWLR (Pt.901) 44

STATUTES - Interpretation - Intention of the law makers - Elections - Clear meaning of a statute - Should be given effect by the courts (H1) Ojukwu v. Obasanjo (2004) 7 KLR (pts. 184-186) 2055; (2004) 12 NWLR (Pt.886) 169

STATUTES - Interpretation - Where the words are clear or unambiguous - Those words shall be so construed - As to give effect to their literal meaning and enforced accordingly (H1) Ibrahim v. Ojomo (2004) 1 KLR (pt. 171) 365; (2004) 4 NWLR (Pt.862) 89

STATUTES - Interpretation of - First step - Is to interpret the language of the statute - And not to seek help of earlier authorities - In a manner that distorted a true interpretation (H7) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

STATUTES - Interpretation of words - Short of an abnormal situation - The literal rule of interpretation - Is the golden metewand of interpretation - Where the words of a statute are plain and unambiguous (H3) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

STATUTES - Land acquisition - Decree No. 33 of 1976 - Has no retroactive effect - And is effective and relevant - Only to public acquisitions - Made after its enactment on 1 - 7 - 1996 (H5) Provost L.S.C.E. v. Edun (2004) 2 KLR (pt. 173) 641; (2004) 6 NWLR (Pt.870) 476

STATUTES - Legislative power of the National Assembly - ICPC Act 2000 - By virtue of item 60(a) of the Exclusive legislative list - The National Assembly has the power to enact the ICPC Act 2000 (H8) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

STATUTES - Proviso - Its effect on a section - Is to relax limitations or throw light - But not to completely neutralise the provisions (H2) Fortune Int. Bank Plc. v. Pegasus Trading GmbH (2004) 1 KLR (pt. 170) 181; (2004) 4 NWLR (Pt.863) 369

STATUTES - Proviso - Qualifies the ambit of the section - But not in a manner - That will neutralize powers conferred within the enactment (H8) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

STATUTES - Public Officers (Special Provisions) Decree No. 17 of 1984 - Dismissal of a public officer summarily - The Military Governor of a state or Head of State of the Federal Republic of Nigeria - Has power to summarily dismiss a public officer - Or remove him from public service compulsorily (H1) NEPA v. Osasanya (2004) 1 KLR (pt. 171) 223; (2004) 5 NWLR (Pt.867) 601

STATUTES - Rules of court - Noncompliance with the Rules - Statutory interpretation - O.7 r. 3 being a general provision - Will not apply to undermine the effect of O.6 r. 10 being a specific provision (H3) Kraus Thompson Org. v. NIPSS (2004) 5 KLR (pt. 177) 1223; (2004) 17 NWLR (Pt.901) 44

STATUTES - Title - Validity of - Those who purported to buy the 1st respondent's properties - Relying on Edict 10 of 1970 as well as Decree No. 90 of 1978 - Got no title irrespective of any purported certificates of occupancy (H14) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

STATUTES - Words & Phrases - "Notwithstanding anything to the contrary" - Used in s. 251(1) of the 1999 Constitution - Is to ensure that no other provision - Shall undermine that section (H4) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

SUCCESSION - Family headship - Yoruba custom - Apart from Lewis v. Bankole case precedent - Historical facts of practice of succession - Support 1st respondent's succession to the family headship (H2) Otun v. Otun (2004) 7 KLR (pts. 184-186) 2229; (2004) 14 NWLR (Pt.893) 381

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

SUCCESSION - Judicial precedents -Yoruba custom - Succession to family headship - Obiter of Nnaemeka-Agu JSC in Adesanya v. Otuewu - Is not binding on the lower courts (H3) Otun v. Otun (2004) 7 KLR (pts. 184-186) 2229; (2004) 14 NWLR (Pt.893) 381

SUCCESSION - Land law - Inheritance - Female children - Where entitled to inherit land in the absence of male children - Their deceased father's brother cannot inherit (H2) Mojekwu v. Iwuchukwu (2004) 4 KLR (pt. 176) 1097; (2004) 11 NWLR (Pt.883) 196

SUCCESSION - Letters of administration - Revocation of - Will not be granted - Where it was not fraudulently obtained - And there is no evidence of mismanagement (H4) Otun v. Otun (2004) 7 KLR (pts. 184-186) 2229; (2004) 14 NWLR (Pt.893) 381

SUCCESSION - Wills - Jointly owned landed property - Cannot be disposed of - By the Will of one of the late owners (H4) Okelola v. Adeleke (2004) 7 KLR (pts. 184-186) 1923; (2004) 13 NWLR (Pt.890) 306

SUCCESSION - Yoruba Custom - Evidence in this case - Show that 1st respondent - Is the person to succeed his deceased father - Not a grandson (H1) Otun v. Otun (2004) 7 KLR (pts. 184-186) 2229; (2004) 14 NWLR (Pt.893) 381

SUPREME COURT - Acquittal - Stare decisis - Umani's case - Being a binding precedent - Grounds acquittal of appellant - Who should have been held guilty (H4) Ebri v. State (2004) 5 KLR (pt. 179) 1365; (2004) 11 NWLR (Pt.885) 589

SUPREME COURT - Actions - Venue - Findings of trial court - On issue of residency of respondent - Not appealed against before Court of Appeal - The issue cannot be raised before Supreme Court (H10) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

SUPREME COURT - Appeals - Issue - Not decided by the Court of Appeal - Will be remitted by the Supreme Court to that court to be determined -

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

As there is no exceptional circumstance in this case (H4) Osasona v. Ajayi (2004) 5 KLR (pt. 177) 1237; (2004) 14 NWLR (Pt. 894) 527

SUPREME COURT - Appeals - Leave - Allegation that leave was not obtained to appeal to Court of Appeal - Will not be taken before Supreme Court for being too late (H4) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

SUPREME COURT - Appeals - Leave - Ground of appeal - Ground or issue - That was not raised before Court of Appeal - Is not competent before the Supreme Court - Without leave (H1) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

SUPREME COURT - Brief writing - Issues - It is against the practice - For one ground of appeal to be split into two issues - Supreme Court can re-frame the issues (H3) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

SUPREME COURT - Claims - Land dispute - Where the claim on which other claims rest fails - Supreme Court need not say more about those other claims (H11) Archibong v. Ita (2004) 1 KLR (pt. 170) 73; (2004) 2 NWLR (Pt.858) 590

SUPREME COURT - Concurrent findings - Perverse findings of the two lower courts - Will be disturbed by the Supreme Court (H5) Jolayemi v. Alaoye (2004) 5 KLR (pt. 180) 1509; (2004) 12 NWLR (Pt.887) 322

SUPREME COURT - Constitutional law - Jurisdiction - Counterclaim - Extent of parties' legal rights - Being the dispute here - The Supreme Court has jurisdiction (H5) A-G Lagos State v. A-G Federation (2004) 12 KLR (pts. 187-188) 2259; (2004) 18 NWLR (Pt.904) 1

SUPREME COURT - Damages - Expunging inadmissible evidence - Where evidence upon which damages were awarded - Are inadmissible - Supreme Court will expunge them (H7) Nwanji v. Coastal Services Ltd. (2004) 6 KLR (pt. 181) 1657; (2004) 11 NWLR (Pt.885) 552

SUPREME COURT - Fresh point - Where sought to be raised - Leave must

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

be obtained - The issues must be substantial - And further evidence will not be required (H2) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

SUPREME COURT - Grounds of appeal - Additional ground - That is not seen in the record of proceedings - Will be ignored by Supreme Court (H2) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13 NWLR (Pt.889) 1

SUPREME COURT - Issues - Duty of appellate court - To determine all issues properly raised - Failure to do so may cause miscarriage of Justice - In some cases - And Supreme Court may examine the issue (11) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

SUPREME COURT - Jurisdiction of - It has jurisdiction to make necessary findings - In appropriate cases where the trial court failed to do so (H6) Ibrahim v. Ojomo (2004) 1 KLR (pt. 171) 365; (2004) 4 NWLR (Pt.862) 89

SUPREME COURT - Jurisdiction -To hear appeals - Is not extended to decision of the High Court - But restricted to that of the Court of Appeal (H3) Kwajaffa v. Bank of the North (2004) 5 KLR (pt. 178) 1255; (2004) 13 NWLR (Pt.889) 146

SUPREME COURT - Objection - Question that ought be raised as objection - In the course of trial - Is incompetent before the Supreme Court (H11) Agbi v. Ibori (2004) 2 KLR (pt. 172) 429; (2004) 6 NWLR (Pt. 868) 78

SUPREME COURT - Stare decisis - Concurring judgment - Weight of - Is equal with the leading judgment - Where it compliments it - And is relevant to the issues (H1) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

SUPREME COURT - Technicalities - Judgments - Setting aside trial court's judgment by appellate court - Means that the judgment is dismissed - Supreme Court frowns - At move to use technicalities to overshadow justice (H2) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004)

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

17 NWLR (Pt.903) 544

SUPREME COURT - Trade marks - Concurrent findings - That only the word "Ferodo" is the registered trade mark - Without including colours and graphic designs - Is upheld by the supreme court (H7) Ferodo v. Ibeto Ind. Ltd. (2004) 2 KLR (pt. 172) 489; (2004) 5 NWLR (Pt.866) 317

TORTS - Banking - Negligence - Duty of care - Arises when there is a foreseeable injury - That can be avoided (H1) Societe Bancaire (Nig) Ltd v. Margarida Salvado De Lluch (2004) 12 KLR (pts. 187-188) 2451; (2004) 18 NWLR (Pt.905) 341

TORTS - Banking - Negligence - Duty of care claim - Is still a matter pertaining to banking (H2) Societe Bancaire (Nig) Ltd v. Margarida Salvado De Lluch (2004) 12 KLR (pts. 187-188) 2451; (2004) 18 NWLR (Pt.905) 341

TORTS - Damages - Special damages - Compensation for loss - Where claimant alleges that he suffered special damages - It must be proved by concrete evidence (H1) Neka B.B.B. Manu. Co. Ltd. v. ACB (2004) 1 KLR (pt. 170) 37; (2004) 2 NWLR (Pt.858) 521

TORTS - Equitable maxims - Res ipsa loquitur - Negligence - When the maxim may operate (H2) Royal Ade Ltd v. National Oil PLC (2004) 4 KLR (pt. 174) 781; (2004) 8 NWLR (Pt.874) 206

TORTS - Negligence - Contracts - Courier service - Duty of care - Failure to deliver mail correctly - May cause damage to the respondent recipient - Who is a third party (H2) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

TORTS - Negligence - Contracts - Duty of care - Can be imposed by law - Or created by contract (H1) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

TORTS - Negligence - Courier service - Given the circumstances - Appellant was not negligent - In its despatch of mail to respondent (H3) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182)

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

1757; (2004) 13 NWLR (Pt.891) 543

TORTS - Negligence - Damages - Must be specifically averred and proved - In order to succeed (H5) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

TORTS - Negligence - Damages - Three things plaintiff must prove - To be entitled to damages (H1) Royal Ade Ltd v. National Oil PLC (2004) 4 KLR (pt. 174) 781; (2004) 8 NWLR (Pt.874) 206

TORTS - Negligence - Damages for personal injury - Is a claim for compensation for loss of capacity for future earnings - Which does not avail the respondent (H7) International Messengers Ltd. v. Nwachukwu (2004) 6 KLR (pt. 182) 1757; (2004) 13 NWLR (Pt.891) 543

TORTS - Negligence - Fire Accident - Res ipsa loquitur plea - Existence of evidence - That excused respondent from negligence - Has defeated the claim for damages (H4) Royal Ade Ltd v. National Oil PLC (2004) 4 KLR (pt. 174) 781; (2004) 8 NWLR (Pt.874) 206

TORTS - Property - Presumption of advancement - Operates in favour of the respondent - In respect of the land in dispute (H5) Ughutevbe v. Shonowo (2004) 6 KLR (pt. 181) 1607; (2004) 16 NWLR (Pt.899) 300

TRADE MARKS - Appeals - Concurrent findings - That only the word "Ferodo" is the registered trade mark - Without including colours and graphic designs - Is upheld by the supreme court (H7) Ferodo v. Ibeto Ind. Ltd. (2004) 2 KLR (pt. 172) 489; (2004) 5 NWLR (Pt.866) 317

TRADE MARKS - Essence and definition - A trade mark indicates connection between the goods - And person having right to use same - It includes a device, brand, name, word, etc. (H3) Ferodo v. Ibeto Ind. Ltd. (2004) 2 KLR (pt. 172) 489; (2004) 5 NWLR (Pt.866) 317

TRADE MARKS - Infringement - Circumstances under which it will be maintained - Do not exist in this case- As the word UNION - Is in capable of infringing plaintiffs' mark FERODO (H8) Ferodo v. Ibeto Ind. Ltd. (2004) 2 KLR (pt. 172) 489; (2004) 5 NWLR (Pt.866) 317

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

TRADE MARKS - Infringement - Similarity of marks - Is determined by considering the marks alone - Without the associated features (H6) Ferodo v. Ibeto Ind. Ltd. (2004) 2 KLR (pt. 172) 489; (2004) 5 NWLR (Pt.866) 317

TRADE MARKS - Registered device - Proof - Colour and geometrical outlines - Were not proved to be part of the registered device (H5) Ferodo v. Ibeto Ind. Ltd. (2004) 2 KLR (pt. 172) 489; (2004) 5 NWLR (Pt.866) 317

TRADE MARKS - Registration of - Gives right to exclusive use - And right to sue for infringement and or passing off (H4) Ferodo v. Ibeto Ind. Ltd. (2004) 2 KLR (pt. 172) 489; (2004) 5 NWLR (Pt.866) 317

TRESPASS - Injunction - Failure to prove trespass - Makes claim for perpetual injunction to fail automatically (H7) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

TRESPASS - Licensee - Stare decisis - Dr. Chukwuma's case - Was rightly followed - In finding that a licensee - Cannot maintain an action in trespass against landlord (H4) Nwana v. FCDA (2004) 7 KLR (pt. 183) 1823; (2004) 13 NWLR (Pt.889) 128

TRESPASS - Possession - Where a plaintiff fails to prove exclusive possession - Or right to possession - His action for trespass will fail (H6) Fagunwa v. Adibi (2004) 7 KLR (pts. 184-186) 2205; (2004) 17 NWLR (Pt.903) 544

TRUSTS - Resulting trust - Pleading of - Defendant failed to plead the trust and its breach in the statement of defence - Which is prejudicial to his case (H8) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

TRUSTS - Resulting Trust - There is no evidence that appellant holds the property in dispute in trust for the respondent - Particularly in the absence of proof of agreement of marriage between them (H10) Ezennah v. Atta (2004) 2 KLR (pt. 173) 591; (2004) 7 NWLR (Pt.873) 468

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

WILLS - Succession - Jointly owned landed property - Cannot be disposed of - By the Will of one of the late owners (H4) Okelola v. Adeleke (2004) 7 KLR (pts. 184-186) 1923; (2004) 13 NWLR (Pt.890) 306

WORDS & PHRASES - "Abandon" and "Abandonment" - Meaning - Has a fundament and mental element - Which was never contemplated by Edict No 10 of 1970 (H11) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

WORDS & PHRASES - Appeals - Miscarriage of justice - Meaning of - To conclude that miscarriage of justice occurred - Is not based on whether a different result - Would have been reached (H2) Ojo v. Anibire (2004) 5 KLR (pt. 177) 1205; (2004) 10 NWLR (Pt.882) 571

WORDS & PHRASES - Cause of action - Definition of - It is a combination of facts - That give rise to right to file a claim in court (H1) Union Bank Plc v. Umeoduagu (2004) 7 KLR (pt. 183) 1839; (2004) 13 NWLR (Pt.890) 352

WORDS & PHRASES - Constitution - "Subject to" - Used in S. 272 of the 1999 Constitution - Means subordinate, inferior to - Implying that what the section is subject to - Shall govern, control and prevail (H5) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

WORDS & PHRASES - "Counterclaim" - Definition of - It is a means by which a debt - Could be substantially disputed (H1) Air Via Ltd v. Oriental Airlines (2004) 4 KLR (pt. 175) 975; (2004) 9 NWLR (Pt.878) 298

WORDS & PHRASES - Elections - Presidential election - "Office" - Definition of - Qualification on ground of not having been elected - At any two previous elections - Is only in respect of elections conducted under the 1999 Constitution (H5) Ojukwu v. Obasanjo (2004) 7 KLR (pts. 184-186) 2055; (2004) 12 NWLR (Pt.886) 169

WORDS & PHRASES - "Index" - Definition of - A record that contains table of contents - Is not void for not using the expression index in context of O. 7 r. 7 (H1) Agbana v. Owa (2004) 5 KLR (pt. 179) 1395; (2004) 13

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

NWLR (Pt.889) 1

WORDS & PHRASES - "Liaison officer"- Meaning of - Court Martial - Composition of - Liaison officer - Is one that coordinates - An intercommunicating officer (H1) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

WORDS & PHRASES - "Or" and "and" - Interpretation - Ordinary usage - Situations may make it necessary - To read "and" in place of "or" and vice versa (H2) Ndoma-Egba v. Chukwuogor (2004) 2 KLR (pt. 173) 671; (2004) 6 NWLR (Pt.869) 382

WORDS & PHRASES - "Reside" - Trial court's use of it - And Court of Appeal's reference to it without the quotation marks - Did not alter anything - And no miscarriage of justice was occasioned (H6) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

WORDS & PHRASES - "Reside" - Used by trial court on quote - Meaning ascribed to it - Court of Appeal's omission of the quotation marks - Did not change the meaning (H5) Kraus Thompson Org. Ltd. v. Unical (2004) 4 KLR (pt. 175) 867; (2004) 9 NWLR (Pt.879) 631

WORDS & PHRASES - "Retraction" and "resile from" - Interchangeably used in decisions on plea of non est factum - Is misleading (H9) Aiguoreghian v. State (2004) 1 KLR (pt. 170) 129; (2004) 3 NWLR (Pt.860) 367

WORDS & PHRASES - "State" - Meaning of - Varies in international and municipal law (H11) FRN v. Olafisoye (2004) 1 KLR (pt. 171) 249; (2004) 4 NWLR (Pt.864) 580

WORDS & PHRASES - "Suspension" - Fair hearing - Administrative law - The term suspension means waiting until a certain event takes place - So that an investigating body - Was yet to be set up to hear the appellant (H1) Esiaga v. University of Calabar (2004) 4 KLR (pt. 174) 719; (2004) 7 NWLR (Pt.872) 366

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

WORDS & PHRASES - "Waiting" - Meaning of - Court Martial - The waiting officer is not a member of the court (H2) Obisi v. Chief of Naval Staff (2004) 5 KLR (pt. 178) 1291; (2004) 11 NWLR (Pt.885) 482

WORDS & PHRASES - Statutes - "Notwithstanding anything to the contrary" - Used in s. 251(1) of the 1999 Constitution - Is to ensure that no other provision - Shall undermine that section (H4) NDIC v. Okem Enter. Ltd. (2004) 4 KLR (pt. 176) 1015; (2004) 10 NWLR (Pt.880) 107

WRIT OF SUMMONS - Actions - Commencement - An action for breach of contract of employment - Should be commenced by writ of summons - Not by fundamental right enforcement application (H4) Jack v. Uniagric (2004) 1 KLR (pt. 171) 349; (2004) 5 NWLR (Pt.865) 208

WRIT OF SUMMONS - Amendment of - Pleadings - Statement of claim - As it supersedes the writ - Complaint against the amended writ and claim - Is not well founded (H8) Jikantoro v. Dantoro (2004) 5 KLR (pt. 178) 1331

WRIT OF SUMMONS - Cause of action - Determining whether it exists - Is by restricted reference to the statement of claim - And writ of summons (H2) Union Bank Plc v. Umeoduagu (2004) 7 KLR (pt. 183) 1839; (2004) 13 NWLR (Pt.890) 352

WRIT OF SUMMONS - Claim - Land matters - To ascertain the exact claim of a plaintiff - Writ of summons, entire statement of claim and plans filed - Will be examined (H4) Adelusola v. Akinde (2004) 5 KLR (pt. 179) 1413; (2004) 12 NWLR (Pt.887) 295

WRIT OF SUMMONS - Jurisdiction - Fundamentality of - In considering issue of jurisdiction - Only the writ of summons and the statement of claim - Are examined (H1) Aremo II v. Adekanye (2004) 7 KLR (pts. 184-186) 2131; (2004) 13 NWLR (Pt.891) 572

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

COMPREHENSIVE INDEX TO SELECTED NOVEL COURT OF APPEAL CASES

ACTIONS - Competence - Jurisdiction - Issue of - Interlocutory injunction motion - Though filed before the motion challenging court's jurisdiction - Issue of jurisdiction was rightly considered first (H4) Okonkwo v. INEC (2004) 4 KLR (pt. 174) 817 CA

ACTIONS - Discontinuance notice - Where filed and brought to the Court's notice - No further formality should be expected (H5) Inter-Bau Construction Ltd. v. Ike (2004) 5 KLR (pt. 179) 1437 CA

ACTIONS - Election petition - Parties - Person whose presence is crucial - It is the plaintiff's duty to bring such party to court (H3) Okon v. Bob (2004) 1 KLR (pt. 170) 199 CA

ACTIONS - Interpleader proceedings - Challenging execution levied by the sheriff - Though it has some minor irregularities - The case was

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

initiated by due process of law (H1) Okwoche v. Dibia (2004) 5 KLR (pt. 180) 1595 CA

ACTIONS - Parties - Substitution of - Where the matter has reached the Supreme Court - Appellant's objection to his being substituted - For the deceased defendants - Was rightly overruled (H3) Adimora v. Ajufo (2004) 4 KLR (pt. 176) 1133 CA

ACTIONS - Representation - Substitution of parties - Not only sons should be substituted - For their dead fathers - But every member of the represented class (H4) Adimora v. Ajufo (2004) 4 KLR (pt. 176) 1133 CA

ALIBI - Proof - Acquittal of some accused persons on ground of alibi - Will not automatically ground acquittal of co-accused in all cases (H7) Yav v. State (2004) 6 KLR (pt. 181) 1677 CA

APPEALS - Competence - Leave - Objection to appeal on grounds of leave not being obtained - Is unfounded - Since the appeal is as of right (H2) Inter-Bau Construction Ltd. v. Ike (2004) 5 KLR (pt. 179) 1437 CA

APPEALS - Election petitions - Right to appeal to Court of Appeal - Striking out a petition - Does not confer right to appeal - Under s.246(1)(b) of the 1999 Constitution - As it did not determine - Whether any person was validly elected (H2) Okon v. Bob (2004) 1 KLR (pt. 170) 199 CA

APPEALS - Evidence - Courts - Available evidence - Was not relied upon by trial court - In deciding the case (H2) Okwoche v. Dibia (2004) 5 KLR (pt. 180) 1595 CA

APPEALS - Evidence - Evaluation of - Is trial court's primary duty - Appellate court will not interfere - Save the evaluation is perverse (H8) Yav v. State (2004) 6 KLR (pt. 181) 1677 CA

APPEALS - Finding of trial court - Issues - Not arising from appellant's grounds of appeal - Should not be argued by the respondent - Appellate court will not disturb a finding - That is not challenged (H7) Okonkwo v. INEC (2004) 4 KLR (pt. 174) 817 CA

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

APPEALS - Grounds of appeal - Issue of alibi - That does not arise from any of the grounds - Will not be considered - And alibi being of major consequence - Cannot be canvassed under the omnibus ground (H1) Nnolim v. State (2004) 5 KLR (pt. 179) 1463 CA

APPEALS - Issue of jurisdiction - That is not related to any of the grounds of appeal - Is incompetent (H1) Inter-Bau Construction Ltd. v. Ike (2004) 5 KLR (pt. 179) 1437 CA

APPEALS - Issues - Contention that they were not based on the grounds of appeal - Is unfounded (H1) Okechukwu v. State (2004) 5 KLR (pt. 180) 1571 CA

APPEALS - Issues - Relevance of - Parties - Application for Substitution on ground of death - Issue of exhibition of a Supreme Court order - Does not arise in this matter (HI) Adimora v. Ajufo (2004) 4 KLR (pt. 176) 1133 CA

APPEALS - Issues - Supreme Court - Judgment of - Being final - Issue of whether appellant's refusal to be substituted for dead defendants - Is a challenge to Supreme Court's judgment - Is a non-issue (H5) Adimora v. Ajufo (2004) 4 KLR (pt. 176) 1133 CA

APPEALS - Judgments - Writ of execution - Courts - Attachment of vehicle under the writ - Was wrongfully disturbed by trial court (H6) Okwoche v. Dibia (2004) 5 KLR (pt. 180) 1595 CA

APPEALS - Leave to appeal - Consent judgment - Where a party consents to the order in question - Leave of the court should be obtained - Before he can appeal (H2) Ahamefule v. Imperial Medical Center (2004) 7 KLR (pt. 183) 1913 CA

APPEALS - Leave to appeal - Where necessary - But was not obtained - The appeal will be struck out (H3) Ahamefule v. Imperial Medical Center (2004) 7 KLR (pt. 183) 1913 CA

APPEALS - New point - Can only be made a ground of appeal - With leave

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

of court (H2) Okonkwo v. INEC (2004) 4 KLR (pt. 174) 817 CA

APPEALS - Notice of appeal - Contradiction therein that is misleading - Makes it hollow - And the appeal based on it is incompetent (H3) Okonkwo v. INEC (2004) 4 KLR (pt. 174) 817 CA

APPEALS - Right to appeal - Final decision - Constitutional law - Section 241(1) and 242(1) of the 1999 Constitution - Provide as to when appeal shall be as of right - And when leave of the court is required - The order made in this case - Is not a final decision (H1) Ahamefule v. Imperial Medical Center (2004) 7 KLR (pt. 183) 1913 CA

BANKING - Shareholders' interest - Weighs more than that of the managing director - In the matter of calling extra ordinary general meeting - To remove the managing director - From office (H8) Inter-Bau Construction Ltd. v. Ike (2004) 5 KLR (pt. 179) 1437 CA

BURGLARY - Proof - Where it was not shown free from doubt - That the alleged stolen property - Belongs to the complainant - Prosecution's case must fail - And the conviction set aside (H7) Nnolim v. State (2004) 5 KLR (pt. 179) 1463 CA

BURGLARY - Witnesses - Vital witness - Where from the state of prosecution's evidence - A party becomes a vital witness - Prosecution's failure to produce him is fatal (H4) Nnolim v. State (2004) 5 KLR (pt. 179) 1463 CA

CHIEFTAINCY MATTERS - Criminal procedure - Wrongful holding out as a chief - Appellant's holding out himself as traditional ruler - Is not wrongful in this case (H6) Okechukwu v. State (2004) 5 KLR (pt. 180) 1571 CA

CHIEFTAINCY MATTERS - Installation - Government approval - Procedure under Anambra State Law - Is different from that under Chief's Law of Western Nigeria - As selection and installation must be completed - In Anambra State before applying for approval (H3) Okechukwu v. State (2004) 5 KLR (pt. 180) 1571 CA

CHIEFTAINCY MATTERS - Installation - Of appellant as Oluoha xvi of Ihiala - Without prior government recognition - Was not illegal (H4) Okechukwu v. State (2004) 5 KLR (pt. 180) 1571 CA