index

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 (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 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 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

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 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 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 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

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 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

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

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 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

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

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 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 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 (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 - 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; (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 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 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

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 - 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

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

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

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 (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

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

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

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 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 (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 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

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 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 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) 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 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 - 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

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

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 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) 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 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) 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 (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 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

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

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. 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 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 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

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

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 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 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 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

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

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 - 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 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 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’ 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

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

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; (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 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 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

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 (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 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 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 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. 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

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 - 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 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 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

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

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) 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

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 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) 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

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 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; (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 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

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 (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

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

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. 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 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 - 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

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

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 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

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) 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

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 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) 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 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 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 (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 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 - 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

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 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

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 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 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 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) 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 (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

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 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

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

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

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 - 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 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) 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