INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

ACTIONS - Cause of action - Definition - Plaintiff's legal rights and defendant's obligations - Must be set out - To disclose a reasonable cause of action (H1) Rinco Construction Ltd v. Veepee Ltd (2005) 3 KLR (pt. 191-193) 753; (2005) 9 NWLR (Pt.929) 85

ACTIONS - Cause of action - Motion to dismiss suit - For non disclosure of reasonable cause - Was determined rightly - Without reference to a proposed amended Statement of Claim (H1) Cookey v. Fombo (2005) 5 KLR (pt. 196) 1203; (2005) 15 NWLR (Pt.947) 182

ACTIONS - Cause of action - Summary Judgment - Application for - Where the claim disclosed a reasonable cause of action - And it is properly verified by plaintiff's affidavit - It is in compliance with the High Court Rules (H3) Thor Ltd v. First City Mer. Bank Ltd (2005) 6 KLR (pt. 199) 1807; (2005) 14 NWLR (Pt.946) 696

ACTIONS - Chieftaincy matters - Locus standi - Claim in personal capacity - Averment in this case - Did not confer locus standi (H3) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

ACTIONS - Chieftaincy matters - Locus standi - To sue - May be established through family interest - Or clearly averred personal interest (H2) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

ACTIONS - Chieftaincy matters - Right to sue - An appellant is entitled to sue - And seek declarations - Where the prescribed authority in charge of Chieftaincy matters - Neglects to exercise power (H3) Owoseni v. Faloye (2005) 7 KLR (pts. 202 & 203) 2331; (2005) 14 NWLR (Pt.946) 719

ACTIONS - Civil claims - Banking - Where burden of proof on plaintiff - To show he repaid the loan was not discharged - Findings of trial court - Was rightly tampered with (H6) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

ACTIONS - Claims - Cause of action - Where an objection is raised - As to statement of claim - Not disclosing reasonable cause of action - That

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

statement of claim has to be examined (H2) Cookey v. Fombo (2005) 5 KLR (pt. 196) 1203; (2005) 15 NWLR (Pt.947) 182

ACTIONS - Claims - Counter claim - Grant of Right of Occupancy - Appellant's failure to file counter claim to set it aside - Defeats his defence (H6) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

ACTIONS - Claims - Judgments - Distinct and independent claims - Trial court's judgment on the first claim - Is final as it fully dealt with the issue (H3) Falola v. Union Bank of Nig. Plc (2005) 2 KLR (pt. 191-193) 451; (2005) 7 NWLR (Pt.924) 405

ACTIONS - Claims - Pleadings - Defensible claim - Has not been disclosed - As appellant did not claim ownership - Of the property in issue (H2) Rinco Construction Ltd v. Veepee Ltd (2005) 3 KLR (pt. 191-193) 753; (2005) 9 NWLR (Pt.929) 85

ACTIONS - Claims - Proof - Where plaintiff fails to establish a prima facie case - The claims cannot succeed (H3) Ugoji v. Onukogu (2005) 5 KLR (pt. 196) 1265; (2005) 16 NWLR (Pt.950) 97

ACTIONS - Claims - Undefended list - Debt - Where plaintiff claims a different thing - From that previously agreed - It is no longer recovery of debt suit simpliciter (H3) Rivers State v. Specialist Konsult (2005) 2 KLR (pt. 191-193) 707; (2005) 7 NWLR (Pt.923) 145

ACTIONS - Commencement - Jurisdiction - Oil fields matter - Existing law when the cause of action arose - Did not invalidate State High Court's jurisdiction (H2) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

ACTIONS - Competence of - Preaction demand notice - Before filing a suit against bailiff - Is mandatory - And non compliance therewith - Renders the action incompetent (H2) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

ACTIONS - Constitutional law - Declaration confirming s.215(4) 1999

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

Constitution - As to a Governor's power to give direction - To his Commissioner of Police - May be reluctantly granted by the Supreme Court (H3) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

ACTIONS - Contracts - Waiver - Bill of exchange - Guarantee - Courts - Where plaintiff accepted bills drawn contrary to contract - It is deemed to have waived its right - As found by the 2 lower courts - But to an extent (H1) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

ACTIONS - Cost - Appeals - Issues - Supreme Court - Jurisdiction - Appeal against excessive cost - Awarded by trial court - The issue will be struck out - As it was not raised before Court of Appeal (H8) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

ACTIONS - Counter claim - Competence - Where defendants' counter claim does not refer to plaintiff - Such counter claim is incompetent (H6) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

ACTIONS - Counter claim - Concession by the counter claimant - Puts issue of retirement age of the Chief Judge to rest (H7) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

ACTIONS - Counter claim - Resignation of Governor - Trial Court's findings that there was no resignation - Remains valid - As there was no appeal against it (H8) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

ACTIONS - Courts - Declaration that seeks advisory opinion - Will not be granted by the court (H2) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

ACTIONS - Courts - Summary Judgments - Defence - If court allows a defence - Upon an application that disclosed no actual defence - The object of summary judgment procedure will be defeated (H4) Thor Ltd v. First City Mer. Bank Ltd (2005) 6 KLR (pt. 199) 1807; (2005) 14 NWLR

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

(Pt.946) 696

ACTIONS - Creation of States - Guideline on the sharing of assets and liabilities - Makes defendant liable to the plaintiff - In respect of the project in question (H2) A-G Plateau v. A-G Nasarawa (2005) 4 KLR (pt. 194) 799; (2005) 9 NWLR (Pt.930) 421

ACTIONS - Damages - Appeals - General damages - Alteration of the award by appellate court - Will not be granted - As the amount was not manifestly too high (H7) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

ACTIONS - Damages - Claim for - Is deemed to be in issue - Unless specifically admitted by defendant - Defences such as mitigation - Should be pleaded - Save where facts pleaded by plaintiff raised the defence (H7) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

ACTIONS - Damages - Default proceedings - Damages being always regarded to be in issue in any action - Is deemed traversed - So that the presumption that facts are admitted in default proceedings - Does not include averments in respect of damages (H8) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

ACTIONS - Defence - Title - Failure to present evidence by defendant - Leaves plaintiff's claims unchallenged (H3) Durosaro v. Ayorinde (2005) 3 KLR (pt. 191-193) 735; (2005) 8 NWLR (Pt.927) 407

ACTIONS - Defence - Waiver - Being a form of estoppel - The representation - And fact of acting on it to one's prejudice - Must be pleaded and shown (H3) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

ACTIONS - Demurrer - Quick dispensation of matters - Can be better achieved after issues are joined - Without following archaic demurer procedure (H1) Okafor v. A-G Anambra State (2005) 6 KLR (pt. 199) 1795; (2005) 14 NWLR (Pt.945) 210

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

ACTIONS - Detinue - Claimant is to establish his title - Or right to immediate possession - In order to succeed (H7) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

ACTIONS - Detinue - Unchallenged evidence - Claim in detinue - In order to succeed - Must meet certain requirements of law (H2) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

ACTIONS - Dismissal of - Statute bar - Where raised as a defence - And the defence is sustained - Court is to make an order of dismissal of plaintiff's action (H6) Nigeria Ports Author. Plc. v. Lotus Plastics Ltd (2005) 12 KLR (pts. 204-207) 2927; (2005) 19 NWLR (Pt.959) 158

ACTIONS - Duty of Counsel - Is to exercise caution in not pursuing matters that have no merit - Which even the parties seem not to support - Thereby wasting time of the courts (H4) Ibama v. Shell Petroleum (2005) 10 KLR (pts. 204-207) 2593; (2005) 17 NWLR (Pt.954) 364

ACTIONS - Final decision - Is one which puts an end to the action - By deciding whether plaintiff is entitled to reliefs claimed - And there will be nothing left - For further action by trial court (H2) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

ACTIONS - Hearing notice - Affidavits - Where deposition of non service - Was not controverted - The trial was rightly set aside (H2) Teno Engineering Ltd v. Adisa (2005) 3 KLR (pt. 191-193) 765; (2005) 10 NWLR (Pt.933) 346

ACTIONS - Institution of - Where a party institutes an action against many defendants - Which ought to give rise to many suits - Such party does so at his own risk (H7) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

ACTIONS - Issue - Damages - Subject matter of this claim - Has nothing to do with the place of location - Or registration of the factory premises

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

(H1) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

ACTIONS - Joinder of parties - Cause of action - Reasonableness of - Failure to show liability of 1st respondent - Was good ground for striking it out as a party (H3) Rinco Construction Ltd v. Veepee Ltd (2005) 3 KLR (pt. 191-193) 753; (2005) 9 NWLR (Pt.929) 85

ACTIONS - Joinder of parties - Where both parties were duly heard - In respect of a third party joinder issue - Appellant was not denied fair hearing (H3) LSDPC v. Adold Stamm Ltd. (2005) 1 KLR (pt. 189) 75; (2005) 2 NWLR (Pt.910) 603

ACTIONS - Judgments - Declaratory claims - What a plaintiff must do - In order to succeed - Includes establishing a right (H2) Alao v. Akano (2005) 4 KLR (pt. 194) 817; (2005) 11 NWLR (Pt.935) 160

ACTIONS - Jurisdiction - Cause of action - Damages - Lex situs of the factory - Is not an issue in this case - As cause of action arose - From the parties' contract (H2) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

ACTIONS - Jurisdiction - Federal High Court - Where action against a Federal agency - Is for breach of contract - State not Federal High Court - Has the jurisdiction (H3) Onuorah v. Kaduna Refining Co. Ltd. (2005) 2 KLR (pt. 191-193) 693; (2005) 6 NWLR (Pt.921) 393

ACTIONS - Jurisdiction - Mining matters - Federal High Court now has exclusive jurisdiction - In mines and minerals matters (H1) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

ACTIONS - Legal practitioners - Facts of a case - Must be mastered - And be properly presented to the court by counsel - For seasoned advocacy (H7) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

ACTIONS - Limitation - Land Law - Acquisition by State Government -

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

Time began to run - When Government violated terms of the acquisition - So that this action is not statute barred (H2) Okafor v. A-G Anambra State (2005) 6 KLR (pt. 199) 1795; (2005) 14 NWLR (Pt.945) 210

ACTIONS - Limitation - Land matters - Present action - Was filed within the twelve years statutory limitation period (H10) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

ACTIONS - Limitation - NPA Decree 1993 - Filing action after 12 months limitation period - In a Contract of Bailment - Makes it statute barred (H4) Nigeria Ports Author. Plc. v. Lotus Plastics Ltd (2005) 12 KLR (pts. 204-207) 2927; (2005) 19 NWLR (Pt.959) 158

ACTIONS - Limitation - Statutory privilege - Reliance on limitation clause - As a defence in a breach of contract claim - Would depend on the facts - On which an individual case turns (H3) Nigeria Ports Author. Plc. v. Lotus Plastics Ltd (2005) 12 KLR (pts. 204-207) 2927; (2005) 19 NWLR (Pt.959) 158

ACTIONS - Limitation of - Torts - Where writ is issued beyond the time allowed - By the applicable limitation law - Action is statute barred (H1) Amusan v. Obideyi (2005) 6 KLR (pt. 199) 1745; (2005) 14 NWLR (Pt.945) 322

ACTIONS - Limitation of - As a defence - Is not available to appellant - Where the transaction between the parties - Is related to specific contract of bailment (H2) Nigeria Ports Author. Plc. v. Lotus Plastics Ltd (2005) 12 KLR (pts. 204-207) 2927; (2005) 19 NWLR (Pt.959) 158

ACTIONS - Locus standi - Absence of - Goes to terminate court's jurisdiction - Unto striking out the claim (H4) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

ACTIONS - Locus standi - Definition - Federation account - Where plaintiffs have right to receive share therefrom - They have locus standi to sue (H3) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

ACTIONS - Mareva injunction - Is granted - Against defendant - Or persons in possession of defendants assets - From disposing them - Pending determination of the case (H5) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

ACTIONS - Merits - Cross Appeal - Dismissal of - Is wrong - Where court did not consider it on the merits - On the ground that the trial of the matter was premature (H4) Owoseni v. Faloye (2005) 7 KLR (pts. 202 & 203) 2331; (2005) 14 NWLR (Pt.946) 719

ACTIONS - Mining - Jurisdiction - In matters pertaining to mines and minerals - Belongs to Federal High Court - Not State High Court (H2) C.G.G. Ltd. v. Ogu (2005) 2 KLR (pt. 191-193) 435; (2005) 8 NWLR (Pt.927) 366

ACTIONS - Nature of - Mining - Statement of claim - And relevant laws - Show the action here had to do with mining (H1) C.G.G. Ltd. v. Ogu (2005) 2 KLR (pt. 191-193) 435; (2005) 8 NWLR (Pt.927) 366

ACTIONS - NPA Decree 1993 - Limitation of action - As a defence - Is not available to appellant - Where the transaction between the parties - Is related to specific contract of bailment (H2) Nigeria Ports Author. Plc. v. Lotus Plastics Ltd (2005) 12 KLR (pts. 204-207) 2927; (2005) 19 NWLR (Pt.959) 158

ACTIONS - Objection - Legislation - Validity - Estoppel - That an Act was passed by the National Assembly - Consisting of representatives from all the States - Cannot estop aggrieved States - From challenging its validity (H4) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

ACTIONS - Parties - Counter claim - Striking out - Where 30th defendant was struck out as a party - Its counter claim is accordingly struck out (H2) A-G Abia State v. A-G Federation (2005) 6 KLR (pt. 199) 1667; (2005) 12 NWLR (Pt.940) 452

ACTIONS - Parties - Judgment given in default of pleadings - Being a final decision - Puts an end to the action between present parties - Though

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

appellant's case still subsists - Against 2nd-5th defendants (H3) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

ACTIONS - Parties - Juristic person - Though appellant is not a juristic person - It can be sued under O. 11 rr. 9 or 26 of the High Court Rules (H2) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

ACTIONS - Parties - Preliminary objection - As to parties that have dispute with plaintiff - Where it succeeds partially - Other parties are struck out (H1) A-G Abia State v. A-G Federation (2005) 6 KLR (pt. 199) 1667; (2005) 12 NWLR (Pt.940) 452

ACTIONS - Place of filing - Jurisdiction - Cause of action - Damages - Lex situs of the factory - Is not an issue in this case - As cause of action arose - From the parties' contract (H2) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

ACTIONS - Preaction demand notice - Before filing a suit against bailiff - Is mandatory - And non compliance therewith - Renders the action incompetent (H2) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

ACTIONS - Preaction notice - Noncompliance with - Puts court's jurisdiction on hold - Pending compliance with the precondition (H3) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

ACTIONS - Preaction notice - Non-service of - Is an irregularity that can be waived - But where not waived - Court cannot exercise its jurisdiction (H4) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

ACTIONS - Prima facie case - Claims - Proof - Where plaintiff fails to establish a prima facie case - The claims cannot succeed (H3) Ugoji v. Onukogu (2005) 5 KLR (pt. 196) 1265; (2005) 16 NWLR (Pt.950) 97

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

ACTIONS - Propriety of - Jurisdiction - Legal personality of parties - Some non legal entities can be sued in their names (H1) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

ACTIONS - Receivership - Admission - What is not denied - Is presumed to be admitted (H3) Unibiz Ltd. v. Commercial Bank (C.L.) Ltd. (2005) 4 KLR (pt. 195) 1075; (2005) 14 NWLR (Pt.944) 47

ACTIONS - Relief not claimed - Termination of employment - Court cannot grant a relief - Of one month salary in lieu of notice - That was due but not properly claimed (H7) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

ACTIONS - Reliefs - Alternative reliefs - Where claim was not established - Non of the reliefs will be granted (H7) A-G Abia State v. A-G Federation (2005) 6 KLR (pt. 199) 1667; (2005) 12 NWLR (Pt.940) 452

ACTIONS - Reliefs - Appeals - Power of Court of Appeal - Under s. 16 of the Act - Is limited to awarding only same reliefs - Trial court could have granted (H6) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

ACTIONS - Reliefs - Dispute - Where reliefs are merely hypothetical - And raised no dispute - Court will not grant them (H5) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

ACTIONS - Reliefs - Writ of Summons - Pleadings - A party is at liberty - To amend reliefs sought in the Writ - In his Statement of Claim (H9) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

ACTIONS - Res judicata - Where relied upon by defendant - Is made out - Where issues in previous suit are the same - With issues in the present suit (H3) Okposin v. Assam (2005) 7 KLR (pts. 202 & 203) 2309; (2005) 14 NWLR (Pt.945) 495

ACTIONS - Right to sue - Statutes - Where statute prescribes a legal line of action - In administrative, chieftaincy or taxation matters - Aggrieved

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

party must exhaust all remedies in the law before going to court (H1) Owoseni v. Faloye (2005) 7 KLR (pts. 202 & 203) 2331; (2005) 14 NWLR (Pt.946) 719

ACTIONS - Service of process - Hearing notice - Should be served on defendant personally - Or on his solicitor (H1) Teno Engineering Ltd v. Adisa (2005) 3 KLR (pt. 191-193) 765; (2005) 10 NWLR (Pt.933) 346

ACTIONS - Service of process - Liaison Office of a State - Service effected therein - Is deemed proper (H2) Rivers State v. Specialist Konsult (2005) 2 KLR (pt. 191-193) 707; (2005) 7 NWLR (Pt.923) 145

ACTIONS - Statute bar - Effect of - Where an action is brought outside the prescribed statutory period - It becomes statute barred - And does not give rise to a cause of action (H5) Nigeria Ports Author. Plc. v. Lotus Plastics Ltd (2005) 12 KLR (pts. 204-207) 2927; (2005) 19 NWLR (Pt.959) 158

ACTIONS - Striking out - Where application was withdrawn - Or appellant's counsel was not available - But application was argued on merit - The proper order is dismissal (H2) Amusan v. Obideyi (2005) 6 KLR (pt. 199) 1745; (2005) 14 NWLR (Pt.945) 322

ACTIONS - Summary judgments - Leave to defend - Counter claim - Where groundless - Judgment will be given to the plaintiff (H6) Thor Ltd v. First City Mer. Bank Ltd (2005) 6 KLR (pt. 199) 1807; (2005) 14 NWLR (Pt.946) 696

ACTIONS - Supreme Court - Originating summons - Affidavits - Objection to paragraphs that offend s.87 Evidence Act - For raising legal argument or conclusions - Will not invalidate the originating summons - As other paragraphs support the summons (H5) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

ACTIONS - Supreme Court - Originating summons - Purpose - Counter affidavit - Originating summons is filed - Where there is no serious dispute as to the facts - Filing counter affidavit - As if to replace statement of defence - Is not necessary (H1) A-G Adamawa v. A-G Federation (2005)

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

ACTIONS - Termination on merit - Circumstances on how case ended - Are what denotes finality of its termination - Not mere use of the words dismissal or striking out (H3) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

ACTIONS - Time - Chieftaincy matters - Right of Citizens - Is not infringed - Where government prescribes time - For the challenge of chieftaincy appointment (H2) Okere v. Amadi (2005) 5 KLR (pt. 196) 1251; (2005) 14 NWLR (Pt.945) 545

ACTIONS - Title - Laches and quic quid plantatur - Where appellant continued building - In spite of warning - Quic quid plantatur - Operates against him (H11) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

ACTIONS - Triable issue - Undefended list - Intention to defend - Did not disclose any real triable issue (H5) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

ACTIONS - Trial venue - Writ of summons - Service outside jurisdiction - Needs prior leave of court - But the respondents here - Have not complained they would suffer - If the trial is held in Lagos (H3) Broad Bank v. A. S. Olayiwola & Sons Ltd. (2005) 1 KLR (pt. 190) 257; (2005) 3 NWLR (Pt.912) 434

ACTIONS - Validity - Court's jurisdiction - Remedies or procedure prescribed by Statute - Must be exhausted - Before court action can become proper (H3) Aribisala v. Ogunyemi (2005) 2 KLR (pt. 191-193) 393; (2005) 6 NWLR (Pt.921) 212

ACTIONS - Venue - Contracts - Residence or place of business of a defendant - Is the proper place - To sue him for breach of contract (H5) Rivers State v. Specialist Konsult (2005) 2 KLR (pt. 191-193) 707; (2005) 7 NWLR (Pt.923) 145

ACTIONS - Venue - Place of business - Of a State Government - Cannot

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

be its Liaison Office - In view of s. 3 (3) 1999 Constitution (H4) Rivers State v. Specialist Konsult (2005) 2 KLR (pt. 191-193) 707; (2005) 7 NWLR (Pt.923) 145

ACTIONS - Waiver - Pleadings - A party's duty is to plead relevant facts - And leave the court - To determine the consequences in law (H2) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

ADJOURNMENTS - Appeals - Leave of court - Appeal against refusal of adjournment - Will require obtaining leave of court - Or it will be incompetent (H1) Ikweki v. Ebele (2005) 2 KLR (pt. 191-193) 639; (2005) 11 NWLR (Pt.936) 397

ADJOURNMENTS - Courts - Discretion exercised in refusing adjournment - Must be shown to be wrongful - Before appellate court can intervene (H1) Alsthom S.A. v. Saraki (2005) 1 KLR (pt. 190) 217; (2005) 3 NWLR (Pt.911) 208

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ADJOURNMENTS - Courts - Trial court's refusal of adjournment to defendant - And call for address - Without closure of plaintiff's case - Is a breach of the rules (H3) Alsthom S.A. v. Saraki (2005) 1 KLR (pt. 190) 217; (2005) 3 NWLR (Pt.911) 208

ADJOURNMENTS - Discretion of court - Trial court's abortion of the trial - In refusing plea for adjournment - Is wrongful in the circumstances (H4) Alsthom S.A. v. Saraki (2005) 1 KLR (pt. 190) 217; (2005) 3 NWLR (Pt.911) 208

ADMINISTRATIVE LAW - Chieftaincy matters - Nomination - Committee set up for that purpose - Cannot be opposed by the appellant - Given the circumstances (H2) Sosanya v. Onadeko (2005) 2 KLR (pt. 191-193) 501; (2005) 8 NWLR (Pt.926) 185

ADMINISTRATIVE LAW - Chieftaincy matters - Ruling house - Nomination Committee set up by it - Appellant who failed to submit to the

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

Committee's procedure - Cannot complain (H3) Sosanya v. Onadeko (2005) 2 KLR (pt. 191-193) 501; (2005) 8 NWLR (Pt.926) 185

ADMINISTRATIVE LAW - Civil Service Rules - Discipline of officers - Should be strictly in accordance with the provision of the Rules - So that disciplinary steps against appellant - By an unauthorized body or person - Is of no effect (H1) Iderima v. Rivers State Civil Ser. Comm. (2005) 7 KLR (pts. 202 & 203) 2273; (2005) 16 NWLR (Pt.951) 378

ADMINISTRATIVE LAW - Constitution - Amendment of - In an autonomous community - Is by government - After the community has passed a resolution lawfully - Requiring the amendment (H2) Ogologo v. Uche (2005) 7 KLR (pts. 200 & 201) 2181; (2005) 14 NWLR (Pt.945) 226

ADMINISTRATIVE LAW - Constitution - Of a community - Amendment of - Is not a judicial function - But administrative (H1) Ogologo v. Uche (2005) 7 KLR (pts. 200 & 201) 2181; (2005) 14 NWLR (Pt.945) 226

ADMINISTRATIVE LAW - Discretion - University Senate - Award of degrees - Exercise of discretion - In refusing to award degree to a dishonest student - Is not malicious but within its jurisdiction (H7) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

ADMINISTRATIVE LAW - Judicial precedents - Garba case - University Senate - Thesis consideration - Fair hearing is not breached - As in Garba case - Because student was absent - When his thesis was considered (H6) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

ADMINISTRATIVE LAW - Land Use Act - Statutory Certificate of Occupancy - Recommendation to the Governor - To withdraw an already issued Certificate - Is not binding on the Governor (H3) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

ADMINISTRATIVE LAW - Power - Exercise of - Courts - Where the law gives a body exclusive prior power to determine some issues - Court cannot come in before that body - Has exercised that power (H3) Ogologo

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

v. Uche (2005) 7 KLR (pts. 200 & 201) 2181; (2005) 14 NWLR (Pt.945) 226

ADMINISTRATIVE LAW - Power - Exercise of statutory power - Cannot be held invalid - Save it is shown that the exercise is contrary to the statute (H1) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

ADMINISTRATIVE LAW - Query - Civil servant - Investigation - Where query did not emanate from the Commission - Which is the appropriate authority - It is improper that the investigation was not done by the Commission - And reliance on it is improper (H2) Iderima v. Rivers State Civil Ser. Comm. (2005) 7 KLR (pts. 202 & 203) 2273; (2005) 16 NWLR (Pt.951) 378

ADMINISTRATIVE LAW - Statutes - Administrative procedure - Meant to guide the exercise of statutory power - Is not same as a mandatory statutory requirement (H1) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

ADMINISTRATIVE LAW - University degree - Process of earning M.Sc degree - Cannot be complete - Without a successful thesis - Subject to a certain condition (H8) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

ADMINISTRATIVE LAW - University Senate - Duty of - Is to award or refuse degrees - As it considers fit - To any student (H3) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

ADMINISTRATIVE LAW - University Senate - Powers of - As the Supreme Academic Authority - It has the duty to judge thesis placed before it - And courts lack jurisdiction - To dabble into administrative affairs of a University (H5) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

AFFIDAVITS - Actions - Supreme Court - Originating summons - Purpose - Counter affidavit - Originating summons is filed - Where there

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

is no serious dispute as to the facts - Filing counter affidavit - As if to replace statement of defence - Is not necessary (H1) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

AFFIDAVITS - Admission - What is not denied - Is presumed to be admitted (H3) Unibiz Ltd. v. Commercial Bank (C.L.) Ltd. (2005) 4 KLR (pt. 195) 1075; (2005) 14 NWLR (Pt.944) 47

AFFIDAVITS - Admissions - Counter affidavit - Pleadings - Where plaintiffs evidence is called by way of counter affidavit - In response to pleadings - Defendant is under no obligation - To counter the averment (H3) Ademeso v. Okoro (2005) 6 KLR (pt. 198) 1485; (2005) 14 NWLR (Pt.945) 308

AFFIDAVITS - Conflict - That would warrant oral evidence - Did not arise in this case - As facts averred were not controverted (H2) LSDPC v. Adold Stamm Ltd. (2005) 1 KLR (pt. 189) 75; (2005) 2 NWLR (Pt.910) 603

AFFIDAVITS - Conflict therein - Is ascertained by looking at the issue in controversy (H1) LSDPC v. Adold Stamm Ltd. (2005) 1 KLR (pt. 189) 75; (2005) 2 NWLR (Pt.910) 603

AFFIDAVITS - Conflict therein - Needs to be resolved by evidence - Any judgment without that resolution - Is invalid (H4) Falola v. Union Bank of Nig. Plc (2005) 2 KLR (pt. 191-193) 451; (2005) 7 NWLR (Pt.924) 405

AFFIDAVITS - Conflicts - Resolution of - Where there is a conflict in affidavits - It is to be resolved - By calling evidence (H1) Azuokwu v. Nwokanma (2005) 5 KLR (pt. 196) 1181; (2005) 11 NWLR (Pt.937) 537

AFFIDAVITS - Conflicts therein - Where not material or are inadmissible - Calling oral evidence to resolve the conflict - Will be unnecessary (H2) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

AFFIDAVITS - Facts - Where they remain unchallenged - Court is bound to accept those facts as established - And they are deemed to have been

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

admitted (H1) The Honda Place Ltd. v. Globe Motors (2005) 7 KLR (pts. 202 & 203) 2245; (2005) 14 NWLR (Pt.945) 273

AFFIDAVITS - Facts deposed therein - Where not challenged - The court may accept those facts - As true and correct (H1) A-G Plateau v. A-G Nasarawa (2005) 4 KLR (pt. 194) 799; (2005) 9 NWLR (Pt.930) 421

AFFIDAVITS - Originating summons - Objection to paragraphs that offend s.87 Evidence Act - For raising legal argument or conclusions - Will not invalidate the originating summons - As other paragraphs support the summons (H5) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

AFFIDAVITS - Summary Judgments - Nature of supporting affidavit - Need not set out all the particulars - Nor verify the facts - Except by reference to statement of claim (H2) Thor Ltd v. First City Mer. Bank Ltd (2005) 6 KLR (pt. 199) 1807; (2005) 14 NWLR (Pt.946) 696

AFFIDAVITS - Uncontroverted deposition - Hearing notice - Where deposition of non service - Was not controverted - The trial was rightly set aside (H2) Teno Engineering Ltd v. Adisa (2005) 3 KLR (pt. 191-193) 765; (2005) 10 NWLR (Pt.933) 346

AFFIDAVITS - Undefended list - Affidavit of service - O. 60 High Court Rules of Lagos State - Makes filing affidavit evidence of service mandatory (H1) Rivers State v. Specialist Konsult (2005) 2 KLR (pt. 191-193) 707; (2005) 7 NWLR (Pt.923) 145

AGENCY - Actions - Federal agency - Where action against a Federal agency - Is for breach of contract - State not Federal High Court - Has the jurisdiction (H3) Onuorah v. Kaduna Refining Co. Ltd. (2005) 2 KLR (pt. 191-193) 693; (2005) 6 NWLR (Pt.921) 393

AGENCY - Agency relationship - Exists where a person called agent - Has the right to act - On behalf of another called principal (H2) Edem v. Canon Balls Ltd (2005) 6 KLR (pt. 199) 1753; (2005) 12 NWLR (Pt.938) 27

AGENCY - Contracts - Breach - Agent that acts in the name of a principal

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

- But where he acts in his own name - He is liable for any breach of the contract (H6) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

APPEALS - Action - Basis of - Was rightly held by the Court of Appeal - To be the grant of loan and mortgage agreement between the parties - And not based on the immovable property at Ogun State (H3) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

APPEALS - Actions - Proof - Is the responsibility of the appellant - Who has not been consistent - In the presentation of his case here (H6) Iloabachie v. Iloabachie (2005) 5 KLR (pt. 197) 1335; (2005) 13 NWLR (Pt.943) 695

APPEALS - Alteration - Banking - Where burden of proof on plaintiff - To show he repaid the loan was not discharged - Findings of trial court - Was rightly tampered with (H6) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

APPEALS - Alteration - Evidence - Where evidence is strong enough to support the conclusion reached by trial court - It would be out of place for court below - To tamper with such finding of fact (H2) Ogba v. Onwuzo (2005) 6 KLR (pt. 199) 1781; (2005) 14 NWLR (Pt.945) 331

APPEALS - Appellate jurisdiction - Conferred by the Constitution - Can only be properly activated - Through valid grounds of appeal (H3) Ikweki v. Ebele (2005) 2 KLR (pt. 191-193) 639; (2005) 11 NWLR (Pt.936) 397

APPEALS - As of right - Leave - Where the decision of trial court is final - Aggrieved party does not need leave of court - And it is immaterial that the grounds - Are of facts or mixed law and facts (H4) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

APPEALS - Basis - Leave - Fresh issues - Allegation that lower court - Decided fresh issues raised without leave - Is unfounded and academic - As Court of Appeal's decision - Was not based on those issues (H6) Larmie

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

APPEALS - Briefs - Should contain three essential qualities - Clarity, precision and accuracy - Where a brief lacks these qualities - It will not be comprehensible (H1) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

APPEALS - Competence - Leave - Issues of mixed law and fact - Require leave of court - Where leave of court is not obtained - Such issues will be struck out for being incompetent (H1) Williams v. Mokwe (2005) 7 KLR (pts. 200 & 201) 2201; (2005) 14 NWLR (Pt.945) 249

APPEALS - Competence - Notice of appeal - That dealt with ruling not appealed against - Leaving the final judgment appealed against - Is incompetent (H2) Ikweki v. Ebele (2005) 2 KLR (pt. 191-193) 639; (2005) 11 NWLR (Pt.936) 397

APPEALS - Competence - Notice of appeal - With grounds that raised complaints - Not contained in the judgment appealed against - Are all incompetent (H4) Ikweki v. Ebele (2005) 2 KLR (pt. 191-193) 639; (2005) 11 NWLR (Pt.936) 397

APPEALS - Competence - Objection - Where Court of Appeal granted leave to appeal - And notice of appeal was properly filed - And no appeal is made against the orders - The objection to competence of the appeal will fail (H3) Williams v. Mokwe (2005) 7 KLR (pts. 200 & 201) 2201; (2005) 14 NWLR (Pt.945) 249

APPEALS - Concurrent findings - Burden on appellant - To discredit the findings - Was not discharged (H7) Sosanya v. Onadeko (2005) 2 KLR (pt. 191-193) 501; (2005) 8 NWLR (Pt.926) 185

APPEALS - Concurrent findings - Where appeal is against concurrent findings of facts - Such findings should not be disturbed - Save for cogent reasons (H4) Ogbu v. Wokoma (2005) 7 KLR (pts. 202 & 203) 2503; (2005) 14 NWLR (Pt.944) 118

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

APPEALS - Concurrent findings - Where not perverse - Supreme Court will not interfere (H9) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

APPEALS - Concurrent findings - Where perverse - Because wrong conclusions were drawn - Supreme Court will interfere (H1) Amadi v. Orisakwe (2005) 1 KLR (pt. 190) 239; (2005) 7 NWLR (Pt.924) 385

APPEALS - Concurrent findings - Will not be disturbed - Unless they are perverse - And not supported by credible evidence (H4) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

APPEALS - Concurrent findings - Wrong acceptance of facts - Or wrong application of the law - Must be shown to secure a reversal (H4) Durosaro v. Ayorinde (2005) 3 KLR (pt. 191-193) 735; (2005) 8 NWLR (Pt.927) 407

APPEALS - Concurrent findings of fact - Supreme Court will not interfere - Unless they are not justified by evidence - And have occasioned a miscarriage of justice (H1) Daniel Holdings Ltd. v. U.B.A. Plc. (2005) 7 KLR (pts. 200 & 201) 2145; (2005) 13 NWLR (Pt.943) 533

APPEALS - Concurrent findings of fact - May be disturbed - Where there is insufficient evidence - To support them - Or where there is glaring miscarriage of justice (H3) N.A.S. Ltd. v. U.B.A. Plc. (2005) 7 KLR (pts. 200 & 201) 2163; (2005) 14 NWLR (Pt.945) 421

APPEALS - Contempt of court - Order to exhume body - Buried on land in dispute - Sought to be evaded by appellant - Was rightly maintained - By Court of Appeal (H7) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

APPEALS - Controversy - Notices of appeal - Are to be examined - Where there is controversy - On the notices of appeal filed - Relating to the judgment of the Court of Appeal (H1) Utuks v. N.P.A (2005) 6 KLR (pt. 198) 1611; (2005) 13 NWLR (Pt.943) 623

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

APPEALS - Court's comment - Title - Communal ownership - Appellant's contention against lower court's comment - Goes to no issue - In view of the gravamen of its decision (H7) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

APPEALS - Courts - Issues - Where raised Suo motu - Without attention of counsel - It amounts to travesty of justice - In the circumstances of this case (H1) Okere v. Amadi (2005) 5 KLR (pt. 196) 1251; (2005) 14 NWLR (Pt.945) 545

APPEALS - Courts - Adjournments - Discretion exercised in refusing adjournment - Must be shown to be wrongful - Before appellate court can intervene (H1) Alsthom S.A. v. Saraki (2005) 1 KLR (pt. 190) 217; (2005) 3 NWLR (Pt.911) 208

APPEALS - Courts - Decision of - Where right - But based on wrong reasons - Will not be set aside - By appellate court (H8) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

APPEALS - Courts - Discretion - Exercised by trial court - Appellate court should examine - All the facts in an appeal against discretion (H2) Alsthom S.A. v. Saraki (2005) 1 KLR (pt. 190) 217; (2005) 3 NWLR (Pt.911) 208

APPEALS - Courts - Discretion - Interference - Where discretion is exercised upon a wrong principle - Appellate Court can interfere (H3) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

APPEALS - Courts - Judgments - Overlooking underlying facts in dispute - Made Court of Appeal reach a wrong decision (H6) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

APPEALS - Courts - Jurisdiction - Supreme Court - Has no jurisdiction to hear appeals - From the decisions of the High Court - Its jurisdiction - Is limited to a complaint - On decision of the Court of Appeal (H2) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

APPEALS - Courts - Jurisdiction - Where appeals do not comply with statutory requirements - Appellate court - Will lack jurisdiction (H1) Tiza v. Begha (2005) 5 KLR (pt. 197) 1461; (2005) 15 NWLR (Pt.949) 616

APPEALS - Courts - Record of Appeal - Court and parties are bound - By the record of appeal as certified - And it is presumed correct - Unless the contrary is proved (H1) Gonzee Nig. Ltd v. N.E.R.D.C. (2005) 6 KLR (pt. 198) 1573; (2005) 13 NWLR (Pt.943) 634

APPEALS - Cross Appeal - Dismissal of - Is wrong - Where court did not consider it on the merits - On the ground that the trial of the matter was premature (H4) Owoseni v. Faloye (2005) 7 KLR (pts. 202 & 203) 2331; (2005) 14 NWLR (Pt.946) 719

APPEALS - Culpable homicide - Retrial - Is not appropriate - Where lower courts did not approach question raised - As they should have done (H4) Shande v. State (2005) 6 KLR (pt. 198) 1593; (2005) 12 NWLR (Pt.939) 301

APPEALS - Damages - Award of - Interference by appellate court - May be necessary - Where the award - Is based on wrong principles - Or is either too small or extremely high (H8) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

APPEALS - Decision - Leases - Renewal of - Court of Appeal's decision was right - As it does not lie with appellant - To query plaintiff's lease (H4) Okoye v. Briggs (2005) 4 KLR (pt. 195) 999

APPEALS - Decisions - Courts of coordinate jurisdiction - Should not overturn each other's decision (H2) Ekpuk v. Okon (2005) 6 KLR (pt. 198) 1557; (2005) 14 NWLR (Pt.944) 26

APPEALS - Defamation - Issues - Relevance - Issues that are not relevant in an appeal - Will be ignored by the Court (H11) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

APPEALS - Disposal of - Issues - Where a resolved single issue disposes an appeal - Academic consideration of the other issues is not necessary

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

(H5) The Honda Place Ltd. v. Globe Motors (2005) 7 KLR (pts. 202 & 203) 2245; (2005) 14 NWLR (Pt.945) 273

APPEALS - Election petitions - Evidence - Notice of cross appeal - Was given within the three months limitation period - And the cross appeal succeeds - As the petitioners failed to prove manipulation - In Ogun State election results (H16) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

APPEALS - Election petitions - Objection - Grounds of appeal - Entering of an appearance - When an irregular procedure is adopted - With the acquiescence of a party - Such adoption cannot be a ground of appeal (H12) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

APPEALS - Evidence - Admissibility - Objection - Where a party fails to object to the admission of an inadmissible evidence - He cannot be allowed to raise an objection - At the appeal stage - Unless the evidence - Was absolutely legally inadmissible (H5) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

APPEALS - Evidence - Admissibility - Where court wrongly admits inadmissible evidence - And such evidence is acted upon - Appellate Court has the duty to exclude such evidence (H4) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

APPEALS - Evidence - Civil case - Is won on preponderance of evidence - Where Court of Appeal is convinced - That appellants' case is deficient in substance - And not understandable - It cannot assist the appellant (H4) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

APPEALS - Evidence - Concurrent findings - Not challenged by way of appeal to Supreme Court - Will stand (H8) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

APPEALS - Evidence - Evaluation - Judgments - Where trial Court did not properly evaluate evidence - Appellate court cannot set the judgment aside - Without evaluating the evidence (H3) Martchem Ind. Ltd v. M.F. Kent Ltd

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

(2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

APPEALS - Evidence - Fresh document on appeal - That could have been produced at the trial - And that seeks to enhance credibility of a witness - Will not be allowed (H4) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933) 356

APPEALS - Evidence - Further evidence on appeal - On ground of further corroboration of a party's case - Will not be allowed (H3) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933) 356

APPEALS - Evidence - Leave to call additional evidence on appeal - Three principles to be considered - Include unavailability of the evidence at the trial time - As laid down in Asaboro v. Aruwaji (H1) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933) 356

APPEALS - Evidence - Liberty to call new evidence on appeal - Should not be granted indiscriminately - So there can be an end to litigation (H2) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933) 356

APPEALS - Exhibits - Additionally sought to be tendered on appeal - That are not incontrovertible - Will not be permitted by the Supreme Court (H5) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933) 356

APPEALS - Fair hearing - Fresh issue of - Raised before Supreme Court - May be considered (H1) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

APPEALS - Fair hearing - Reliance on - In appeals - Should not be as if it is a magic wand - It is facts that determine whether fair hearing is denied (H4) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

APPEALS - Finding - That is not appealed against - Remains correct - Role

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

of a respondent - Is to support the judgment (H1) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

APPEALS - Findings - Allegation that Court of Appeal - Made baseless findings - Has no merit (H4) Sosanya v. Onadeko (2005) 2 KLR (pt. 191-193) 501; (2005) 8 NWLR (Pt.926) 185

APPEALS - Findings - Reversal of lower court's findings - Occurs in certain circumstances - Such as where erroneous view of the evidence - Was taken by the lower court (H5) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

APPEALS - Findings of fact - Title to land - Perverse findings - Where trial court failed to evaluate the evidence - Court of Appeal will do that (H4) Adebayo v. Shogo (2005) 2 KLR (pt. 191-193) 563; (2005) 7 NWLR (Pt.925) 467

APPEALS - Fresh issue - Objection against raising it - Is misconceived - As that issue arose for the first time - Before the Court of Appeal (H2) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

APPEALS - General damages - Alteration of the award by appellate court - Will not be granted - As the amount was not manifestly too high (H7) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

APPEALS - Ground of appeal - Argument that is at variance with the ground - Will be discountenanced and the ground struck out (H5) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

APPEALS - Ground of appeal - Competence - A ground that alleges error of law and fact - Is not ipso facto incompetent (H1) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

APPEALS - Ground of appeal - Fresh point - Where leave was not obtained - Argument on a fresh ground - Will be discountenanced (H8) Owie v.

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

APPEALS - Ground of Appeal - Nature of - Where it raises issue of law - Based on accepted facts - It is a ground of law - But where it is based on facts in dispute - Then it is one of mixed law and fact (H2) Kano Textile Ltd v. Gloede Ltd (2005) 5 KLR (pt. 197) 1393; (2005) 13 NWLR (Pt.943) 680

APPEALS - Ground of Appeal - Whether of mixed law - Or of law - Is not determined by mere labelling - But by thorough examination of the ground with the particulars (H1) Okoye v. Briggs (2005) 4 KLR (pt. 195) 999

APPEALS - Grounds of appeal - Appeal from Court of Appeal to Supreme Court - On facts alone or mixed law and fact - Is subject to leave of court - In order to be competent (H1) Kano Textile Ltd v. Gloede Ltd (2005) 5 KLR (pt. 197) 1393; (2005) 13 NWLR (Pt.943) 680

APPEALS - Grounds of appeal - Competence of - Vague and unreasonable grounds - Were rightly struck out by lower court (H1) Sosanya v. Onadeko (2005) 2 KLR (pt. 191-193) 501; (2005) 8 NWLR (Pt.926) 185

APPEALS - Grounds of Appeal - Competence of - Where appellant's complaint is clear - And no rule of court is violated - Such ground is competent (H6) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

APPEALS - Grounds of appeal - Issues - Framing of - Where one ground of appeal is filed - Appellant can only frame a sole issue (H1) Mercantile Bank (Nig.) Plc. v. Nwobodo (2005) 7 KLR (pts. 200 & 201) 2101; (2005) 14 NWLR (Pt.945) 379

APPEALS - Grounds of Appeal - Issues for determination - Must fall within the scope of grounds of appeal - Where issues fall outside it - Appeal is incompetent (H1) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

APPEALS - Grounds of appeal - Must be connected to controversy between parties - Where a ground has no connection with the judgment

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

appealed against - Then the appeal is incompetent (H2) Mercantile Bank (Nig.) Plc. v. Nwobodo (2005) 7 KLR (pts. 200 & 201) 2101; (2005) 14 NWLR (Pt.945) 379

APPEALS - Grounds of appeal - Nature of - Principles that guide a court - In deciding whether a ground - Is one of law or fact (H1) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005) 6 NWLR (Pt.922) 496

APPEALS - Grounds of appeal - Nature of - Whether of law or facts - Is determined by examining misunderstanding of the lower court - With respect to that ground (H5) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

APPEALS - Grounds of appeal - Obiter - Judgment - Not everything a Judge says - Constitutes a subject for appeal - Especially when it does not go - To the root of the decision (H5) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

APPEALS - Grounds of Appeal - Where no issue of customary law is raised - There will be no right to appeal - From Customary Court of Appeal - To Court of Appeal (H4) Tiza v. Begha (2005) 5 KLR (pt. 197) 1461; (2005) 15 NWLR (Pt.949) 616

APPEALS - Interference - Award of damages by trial court - Interference by appellate court - Is not allowed - Where the award is based on credible evidence - And on right principles (H6) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

APPEALS - Interference - Pleadings - Libel - Cross examination - Facts extracted therefrom - That were not pleaded - Were rightly expunged by lower court - Unto interfering with trial court's finding (H7) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

APPEALS - Interference - Title - Concurrent findings in respondent's favour - Will not be interfered with (H9) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

APPEALS - Interference - Where judgment satisfied the required standard - And contains the needed elements - An appellate court - Cannot interfere with such judgment (H4) Ogba v. Onwuzo (2005) 6 KLR (pt. 199) 1781; (2005) 14 NWLR (Pt.945) 331

APPEALS - Interlocutory decision - Leave - Ground of appeal that is one of law - Makes an appeal to be as of right - Needing no leave of court under s. 220 (1)(b) 1979 Constitution - Even if it be in respect of an interlocutory decision (H7) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

APPEALS - Issue - Relevance of - Where main claim of damages fails - Issue of interest claimed on that amount - Becomes irrelevant (H4) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

APPEALS - Issues - Allegation that Court of Appeal - Failed to consider various issues argued before it - Is not correct (H8) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

APPEALS - Issues - Contempt of court - Real issue and state of affairs - Were misconceived by appellant - Service of forms 48 & 49 - Indicates an existing contempt (H5) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

APPEALS - Issues - Courts - Suo motu issue - Where raised by appeal court - Need to hear the parties - Before a decision is made (H4) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

APPEALS - Issues - Grounds of Appeal - An issue for determination - Is to be based on the complaint in the ground - And not on the particulars (H7) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

APPEALS - Issues - Grounds of appeal - Success of an appeal - Does not depend on the prolixity of the issues - Supreme Court is not bound to

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

consider all raised issues (H1) Alao v. Akano (2005) 4 KLR (pt. 194) 817; (2005) 11 NWLR (Pt.935) 160

APPEALS - Issues - It is not the number of issues for determination that is formulated - That guarantees the success of an appeal - But the contents and quality (H1) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

APPEALS - Issues - Leave of court - Where appellant introduces a new issue - Without leave of court - The issue is incompetent (H2) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

APPEALS - Issues - Locus standi - Jurisdiction - Resolving other issues will be unnecessary - If Supreme Court finds there is no locus (H1) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

APPEALS - Issues - Perverse findings - Trial court did not introduce extraneous issues - As to make its findings perverse (H3) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

APPEALS - Issues - Purpose - An issue will serve no useful purpose - Where it emanates from an incompetent appeal (H3) Mercantile Bank (Nig.) Plc. v. Nwobodo (2005) 7 KLR (pts. 200 & 201) 2101; (2005) 14 NWLR (Pt.945) 379

APPEALS - Issues - Raised suo motu by the court - Without input by counsel - Caused miscarriage of justice - In this case (H5) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

APPEALS - Issues - Relevance of - Where issues raised are not relevant to questions in dispute - Such issues will be rejected (H1) Edem v. Canon Balls Ltd (2005) 6 KLR (pt. 199) 1753; (2005) 12 NWLR (Pt.938) 27

APPEALS - Issues - Suo motu raising of by court - Suggestion by lower court - That an issue must be formulated from each ground - Is not correct (H3) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005)

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

11 NWLR (Pt.935) 181

APPEALS - Issues - Supreme Court - Jurisdiction - Appeal against excessive cost - Awarded by trial court - The issue will be struck out - As it was not raised before Court of Appeal (H8) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

APPEALS - Issues - Where an issue was not raised in the court below - Such issue should not be raised in the appeal court - But where it is fundamental in nature - The appeal court will be disposed to give leave - For the issue to be raised (H1) Ogba v. Onwuzo (2005) 6 KLR (pt. 199) 1781; (2005) 14 NWLR (Pt.945) 331

APPEALS - Issues - Where fresh - Must be a substantial point of law - And leave of Court must be obtained (H2) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

APPEALS - Issues - Wrongful termination - Where the main issue is resolved against appellant - In holding that he was lawfully terminated - It is not necessary to wade into other issues as to damages (H5) Ibama v. Shell Petroleum (2005) 10 KLR (pts. 204-207) 2593; (2005) 17 NWLR (Pt.954) 364

APPEALS - Issues for determination - Validity of - It must be derived from grounds of appeal - Which must relate to decision of the court - Against which appeal is lodged - Not trial court's decision (H3) Kano Textile Ltd v. Gloede Ltd (2005) 5 KLR (pt. 197) 1393; (2005) 13 NWLR (Pt.943) 680

APPEALS - Joinder of parties - Where one was not a party before the trial court - It cannot appeal as of right - Against that judgment to any higher court (H2) Williams v. Mokwe (2005) 7 KLR (pts. 200 & 201) 2201; (2005) 14 NWLR (Pt.945) 249

APPEALS - Judgment - Of trial court - Cannot be set aside - For not beginning - With an introduction of the parties (H11) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

APPEALS - Judgments - Accidental slip - Award of general damages - Inclusion of "loss of use" - Cannot be classified - As an accidental slip - And the error cannot be corrected - Save by cross appeal - Or respondents's notice (H2) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

APPEALS - Judgments - Finality of - Absence of counsel - Where judgment of trial court is final - Appeal is an appropriate remedy (H4) Magna Maritime Ltd v. Oteju (2005) 5 KLR (pt. 197) 1405; (2005) 14 NWLR (Pt.945) 517

APPEALS - Judgments - Interest on judgment debt - Directive by Supreme Court to trial court - To ascertain additional interest - Cannot be queried before the trial court (H5) LSDPC v. Adold Stamm Ltd. (2005) 1 KLR (pt. 189) 75; (2005) 2 NWLR (Pt.910) 603

APPEALS - Judgments - Mistake in Judgment - Appeal will not be allowed in all cases - Except there is miscarriage of justice (H4) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

APPEALS - Jurisdiction - Application - Where in the nature of mandatory prayer - And not for enforcement of orders - It is properly initiated - Without filing contempt proceedings (H2) Unibiz Ltd. v. Commercial Bank (C.L.) Ltd. (2005) 4 KLR (pt. 195) 1075; (2005) 14 NWLR (Pt.944) 47

APPEALS - Jurisdiction - Evidence - Contention that case be sent back to trial court - On an account of wrongful handling of an exhibit - Cannot advance a case that failed on ground of jurisdiction (H1) Aribisala v. Ogunyemi (2005) 2 KLR (pt. 191-193) 393; (2005) 6 NWLR (Pt.921) 212

APPEALS - Jurisdiction - Issue of - Should be handled by appellate courts - That are empowered - To determine the real question in controversy (H4) C.G.G. Ltd. v. Ogu (2005) 2 KLR (pt. 191-193) 435; (2005) 8 NWLR (Pt.927) 366

APPEALS - Jurisdiction - Issue of - Where determined by the Supreme Court - Proper order is to strike out the matter - Tried without jurisdiction (H5) C.G.G. Ltd. v. Ogu (2005) 2 KLR (pt. 191-193) 435; (2005) 8 NWLR

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

(Pt.927) 366

APPEALS - Jurisdiction - Issues - Raised by appellants - Are only valid as they relate to the question of jurisdiction - Being the only thing considered by trial court (H2) Aribisala v. Ogunyemi (2005) 2 KLR (pt. 191-193) 393; (2005) 6 NWLR (Pt.921) 212

APPEALS - Jurisdiction - Remittance by Court of Appeal to trial court - To determine issue of jurisdiction - Is wrong (H3) C.G.G. Ltd. v. Ogu (2005) 2 KLR (pt. 191-193) 435; (2005) 8 NWLR (Pt.927) 366

APPEALS - Leave - Admissibility - Fresh issue of - Raised without leave - Is incompetent (H7) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

APPEALS - Leave - Ground of appeal that is one of law - Makes an appeal to be as of right - Needing no leave of court under s. 220 (1)(b) 1979 Constitution - Even if it be in respect of an interlocutory decision (H7) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

APPEALS - Leave - Grounds of appeal - Application for leave to appeal - Where respondent's grounds of appeal appear to be substantial - It will be unjust to shut him up - And refuse the application for leave to appeal (H5) Williams v. Mokwe (2005) 7 KLR (pts. 200 & 201) 2201; (2005) 14 NWLR (Pt.945) 249

APPEALS - Leave - Preliminary objection - Method of raising - Where contained in respondent's brief - It must be raised with leave of court (H2) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

APPEALS - Leave of court - Adjournment - Appeal against refusal of adjournment - Will require obtaining leave of court - Or it will be incompetent (H1) Ikweki v. Ebele (2005) 2 KLR (pt. 191-193) 639; (2005) 11 NWLR (Pt.936) 397

APPEALS - Leave to appeal - Extension of time for - Can be granted - Where conditions which must be fulfilled - To justify the grant - Have been

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

satisfied (H4) Williams v. Mokwe (2005) 7 KLR (pts. 200 & 201) 2201; (2005) 14 NWLR (Pt.945) 249

APPEALS - Locus standi - Jurisdiction - Resolving other issues will be unnecessary - If Supreme Court finds there is no locus (H1) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

APPEALS - Notice of - Can be filed on the day of judgment - And miscarriage of justice - Was not shown as arising from the filing - Which at most may amount to mere harmless irregularity (H1) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

APPEALS - Objection - Courts - Where Court of Appeal fails to consider preliminary objection - Supreme Court is in a position to examine it (H1) Magna Maritime Ltd v. Oteju (2005) 5 KLR (pt. 197) 1405; (2005) 14 NWLR (Pt.945) 517

APPEALS - Objection - Notice of Appeal - Ground of appeal - Application for leave - Notice of appeal is valid and proper - Where appellant filed both old and amended grounds of appeal together (H1) Okposin v. Assam (2005) 7 KLR (pts. 202 & 203) 2309; (2005) 14 NWLR (Pt.945) 495

APPEALS - Objection - Where defendant's preliminary objection was upheld - Court was right to have struck out plaintiff's application (H2) Utuks v. N.P.A (2005) 6 KLR (pt. 198) 1611; (2005) 13 NWLR (Pt.943) 623

APPEALS - Orders - Notice of Appeal - When filed within time - Preliminary objection against it - Will fail (H3) Union Bank Plc v. Boney Marc. Ltd. (2005) 7 KLR (pts. 200 & 201) 2113; (2005) 13 NWLR (Pt.943) 654

APPEALS - Orders - Retrial - Where appeal court ordered a retrial - It rightly declined to rule - On the issue of whether the claim - Disclosed a reasonable cause of action (H3) Cookey v. Fombo (2005) 5 KLR (pt. 196) 1203; (2005) 15 NWLR (Pt.947) 182

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

APPEALS - Pleadings - Amendment of - Appellate Court can amend pleadings - To avoid substantial injustice - Under certain conditions (H2) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

APPEALS - Pleadings - Amendment that will overreach - Lower court acted judiciously - When it exercised its discretion - In refusing the application - For leave to amend the Statement of Claim (H4) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

APPEALS - Pleadings - Case put forward before trial court - Cannot be changed on appeal - Contrary to a party's pleadings or evidence (H5) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

APPEALS - Pleadings - Finding of lower court - Contention that it was not pleaded - Is not of any moment - Where the finding was properly raised from facts pleaded (H4) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221; (2005) 15 NWLR (Pt.948) 266

APPEALS - Preliminary objection - To a ground of appeal - As being of mixed law and fact - Lacks merit in this case (H2) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005) 6 NWLR (Pt.922) 496

APPEALS - Redemption - Notice of appeal - That is irredeemably bad - Court of appeal cannot redeem it - By relying on O. 1 r. 20(7) of the CA Rules (H5) Ikweki v. Ebele (2005) 2 KLR (pt. 191-193) 639; (2005) 11 NWLR (Pt.936) 397

APPEALS - Reliefs - Power of Court of Appeal - Under s. 16 of the Act - Is limited to awarding only same reliefs - Trial court could have granted (H6) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

APPEALS - Retrial - Criminal trial - Acquittal - Where respondent has not been tried - As his trial in absentia is a nullity - Retrial will be ordered not acquittal (H5) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005)

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

6 NWLR (Pt.922) 496

APPEALS - Retrial order - Criminal cases - Where the trial of an accused is declared a nullity - Principles that guide the court - In ordering or refusing a retrial (H3) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005) 6 NWLR (Pt.922) 496

APPEALS - Reversal - Admission of inadmissible evidence - Can only ground a reversal - If the exclusion of that evidence - Makes it impossible for the judgment to stand (H3) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

APPEALS - Reversal - Civil Servant - Appointment that has statutory flavour - Where terminated wrongfully - The servant will be restored to his post (H5) Iderima v. Rivers State Civil Ser. Comm. (2005) 7 KLR (pts. 202 & 203) 2273; (2005) 16 NWLR (Pt.951) 378

APPEALS - Reversal - Documents - Admissibility - Wrongfully admitted document - Not shown to have adversely affected appellant's case - Will not ground a reversal of the decision (H2) Durosaro v. Ayorinde (2005) 3 KLR (pt. 191-193) 735; (2005) 8 NWLR (Pt.927) 407

APPEALS - Reversal - Evidence - Admissibility - Where inadmissible evidence is admitted - Court should reject the evidence - And consider if there is any remaining legal evidence to sustain the claim (H6) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

APPEALS - Reversal - Evidence - Where there are two versions of evidence - And the trial Court whose duty it is accepts plaintiff's version of evidence - Court below cannot reverse such findings of fact (H5) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

APPEALS - Reversal - Issues - Lower court's failure to specifically pronounce - On the issue of estoppel and standing by - Did not occasion a miscarriage of justice - To warrant a reversal (H9) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

APPEALS - Reversal - Judicial Precedents - Libel - Ejabulor case - Provides the guiding principles - In assessment of damages for libel - But lower court was right in reversing the damages - Awarded in appellant's favour (H10) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

APPEALS - Reversal - Land law - Sale - Purchase agreement - Being wrongfully rejected by the courts below - Their concurrent decision - Is set aside (H5) Amadi v. Orisakwe (2005) 1 KLR (pt. 190) 239; (2005) 7 NWLR (Pt.924) 385

APPEALS - Reversal - Leave - Judgment - Error therein - Will not always warrant a reversal - Save miscarriage of justice was occasioned (H7) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

APPEALS - Reversal - Miscarriage of justice - Definition - Miscarriage should be declared unto a reversal - Where a result more favourable to appellant - Would have been reached - In the absence of the error (H8) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

APPEALS - Success - Issues - It is not the number of issues for determination that is formulated - That guarantees the success of an appeal - But the contents and quality (H1) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

APPEALS - Supreme Court - Governor of Anambra State - Order by an Enugu High Court Judge - That he be removed from office - Cannot be Considered by the Supreme Court - Without an appeal from the Court of Appeal (H4) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

APPEALS - Technicalities - Enthronement of justice - Court should not rely on technical slip - Unto a denial of justice (H4) Duke v. Akpabuyo Local Govt. (2005) 12 KLR (pts. 204-207) 2779; (2005) 19 NWLR (Pt.959) 130

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

APPEALS - Technicalities - Issues - Where resort to technicalities would cause delay - In resolving the main issues in controversy - Court should move away from it (H2) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

APPEALS - Title - Concurrent findings - That appellants are not owners - Respondents being in possession - Cannot be ejected save by one with better title (H4) Balogun v. Akanji (2005) 4 KLR (pt. 195) 953; (2005) 10 NWLR (Pt.933) 394

APPEALS - Validity - Notice of appeal - That is valid - Must be in existence - Before Court of Appeal can seek to rely on O. 1 r. 20(7) CA Rules - Towards its redemption (H6) Ikweki v. Ebele (2005) 2 KLR (pt. 191-193) 639; (2005) 11 NWLR (Pt.936) 397

ARBITRATION - Arbitrator - Duty of - As it does not include running the company - State High Court has jurisdiction to appoint an arbitrator (H5) Magbagbeola v. Sanni (2005) 4 KLR (pt. 194) 835; (2005) 11 NWLR (Pt.936) 239

ARBITRATION - Constitutional law - Appointment of an Arbitrator - Is not governed by CAMA or S. 251(1)(e) 1999 Constitution - But by Arbitration and Conciliation Act (H3) Magbagbeola v. Sanni (2005) 4 KLR (pt. 194) 835; (2005) 11 NWLR (Pt.936) 239

ARBITRATION - Jurisdiction - Arbitrator - Appointment of - Both State and Federal High Courts have jurisdiction (H4) Magbagbeola v. Sanni (2005) 4 KLR (pt. 194) 835; (2005) 11 NWLR (Pt.936) 239

ARMED ROBBERY - Guilt - Circumstantial evidence - That is capable of two possible interpretations - Cannot establish the guilt of the accused (H6) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

ARMED ROBBERY - Guilt - The totality of evidence - Confirm 1st appellant's guilt - As rightly found by the lower courts (H3) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

ARMED ROBBERY - Proof - Gaps in the evidence of prosecution - Created a possibility of truth - In the accused persons' evidence (H4) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

BANKING - Bill of Exchange Act - Banks liability under the Act - Where the clause "without recourse" - Is endorsed on the bill - The Bank is not liable - Under s.16 of the Act (H4) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

BANKING - Bill of Exchange Act - Liability thereunder - Makes the 1st respondent also liable - Together with 2nd respondent - To pay the total value of the dishonoured bills (H3) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

BANKING - Cheques - Estoppel - Negligence - In honouring Cheque - Where defendant was negligent - In honouring plaintiff's unauthorized cheque - It ought not rely on estoppel (H9) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

BANKING - Contracts - Formation of - Refusal of the contractual terms - Means no contract between the parties (H3) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

BANKING - Contracts - Obligations binding on the parties - Are not discharged by exhibits X and Y - Which are irrelevant (H6) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

BANKING - Contracts - Time for execution - Where not stipulated within the mortgage - Delay of about seventeen days - Is not inordinate in the circumstances (H8) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

BANKING - Contracts - Waiver - Being a form of estoppel - The representation - And fact of acting on it to one's prejudice - Must be pleaded and shown (H3) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

BANKING - Contracts for loan - Allegation of breach may be justified by facts - That provide good reason for terminating the contract (H7) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

BANKING - Courts - Guarantee contract - Though 3rd respondent is not liable under Bill of Exchange Act - For the dishonoured cheques - It is liable under the Contract of Guarantee - Contrary to wrongful findings of the lower courts (H5) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

BANKING - Dishonoured cheque - Damages - Is the loss flowing naturally from the breach - Incurred in direct consequence of the breach (H2) Gonzee Nig. Ltd v. N.E.R.D.C. (2005) 6 KLR (pt. 198) 1573; (2005) 13 NWLR (Pt.943) 634

BANKING - Forged cheque - Negligence - By Bank in paying cheque with forged signature - Bank's liability is not absolute - Save reasonable care is not exercised - In processing the cheque (H8) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

BANKING - Guarantee - Liability - Waiver - Pleadings - As the plaintiff's action is based on two planks - It succeeds against the 3rd respondent - On the basis of the Deed of Guarantee (H6) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

BANKING - Interest - Evidence - Customer/Banker relationship - Where plaintiff paid money into its account - Which the bank failed to credit - It must have lost interest on its money - But there was no evidence on this point (H4) Daniel Holdings Ltd. v. U.B.A. Plc. (2005) 7 KLR (pts. 200 & 201) 2145; (2005) 13 NWLR (Pt.943) 533

BANKING - Interest rate - Is deemed to be accepted by a party - Where he received from the bank periodic statements of account - But did not dispute the accounts (H7) Thor Ltd v. First City Mer. Bank Ltd (2005) 6 KLR (pt. 199) 1807; (2005) 14 NWLR (Pt.946) 696

BANKING - Interest rate - Judicial precedents - Mortgages - Union Bank

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

v. Ozigi - That grants Bank liberty to change the interest rate - Is applicable in this case (H2) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

BANKING - Liability - Transfer of money - Court is right - Where it held that the liability of the respondent - Was only to pay the differences in the exchange rate - When the respondent failed to transfer the money (H6) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

BANKING - Loan agreement - Interest rate - By the mortgage clause - The respondent Bank can change the original interest rate - Without appellant's prior consent (H1) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

BANKING - Loan agreement - Proof - Where burden of proof on plaintiff - To show he repaid the loan was not discharged - Findings of trial court - Was rightly tampered with (H6) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

BANKING - Loan contract - Oral agreement - The Document (Exhibit P6) is no acceptance of the loan contract - And no oral agreement can be rightly inferred (H2) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

BANKING - Loan indebtedness - Balance at a date - Plaintiff's reply to Bank's letter demanding the balance - Shows acceptance of indebtedness (H6) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

BANKING - Mortgages - Interpretation - Clear words of a document - Should be given their plain and common meaning - As held in Union Bank v. Ozigi (H1) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

BANKING - Partnership account - The bank owes each partner the duty not to allow - Either of them to draw funds from the account - Without the concurrence of the other (H6) Ndoma-Egba v. A.C.B. (2005) 7 KLR

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

(pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

BANKING - Signature - Cheques - Burden of proof - Is on the defendant - Where it could not escape liability for plaintiff's claim - Or establish that it was the plaintiff who signed the cheques (H1) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

BANKING - Tellers - Claim based on shortfall in tellers - Must be specifically pleaded - And strictly proved - By plaintiff calling evidence to prove each shortfall (H2) Daniel Holdings Ltd. v. U.B.A. Plc. (2005) 7 KLR (pts. 200 & 201) 2145; (2005) 13 NWLR (Pt.943) 533

BANKING - Waiver - Bill of exchange - Guarantee - Courts - Where plaintiff accepted bills drawn contrary to contract - It is deemed to have waived its right - As found by the 2 lower courts - But to an extent (H1) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

CHIEFTAINCY MATTERS - Access to court - Where appellant has satisfied prescribed steps - In determination of minor dispute - And prescribed authority does not do what is required of them - Then appellant has no option than to go to court (H2) Owoseni v. Faloye (2005) 7 KLR (pts. 202 & 203) 2331; (2005) 14 NWLR (Pt.946) 719

CHIEFTAINCY MATTERS - Appointment of chief - Proof - Averment by appellant - That he was appointed by the Kingmakers - Was not proved (H3) Alao v. Akano (2005) 4 KLR (pt. 194) 817; (2005) 11 NWLR (Pt.935) 160

CHIEFTAINCY MATTERS - Constitution - Amendment of - In an autonomous community - Is by government - After the community has passed a resolution lawfully - Requiring the amendment (H2) Ogologo v. Uche (2005) 7 KLR (pts. 200 & 201) 2181; (2005) 14 NWLR (Pt.945) 226

CHIEFTAINCY MATTERS - Constitution - Of a community - Amendment of - Is not a judicial function - But administrative (H1) Ogologo v. Uche (2005) 7 KLR (pts. 200 & 201) 2181; (2005) 14 NWLR (Pt.945) 226

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

CHIEFTAINCY MATTERS - Constitutional law - Right of Citizens - Is not infringed - Where government prescribes time - For the challenge of chieftaincy appointment (H2) Okere v. Amadi (2005) 5 KLR (pt. 196) 1251; (2005) 14 NWLR (Pt.945) 545

CHIEFTAINCY MATTERS - Court's jurisdiction - Remedies or procedure prescribed by Statute - Must be exhausted - Before court action can become proper (H3) Aribisala v. Ogunyemi (2005) 2 KLR (pt. 191-193) 393; (2005) 6 NWLR (Pt.921) 212

CHIEFTAINCY MATTERS - Declaration - Evidence - Where appellant failed to establish by credible evidence - Facts pleaded by him - His claims will be dismissed (H5) Alao v. Akano (2005) 4 KLR (pt. 194) 817; (2005) 11 NWLR (Pt.935) 160

CHIEFTAINCY MATTERS - Locus standi - Claim in personal capacity - Averment in this case - Did not confer locus standi (H3) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

CHIEFTAINCY MATTERS - Locus standi - To sue - May be established through family interest - Or clearly averred personal interest (H2) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

CHIEFTAINCY MATTERS - Nomination - Committee set up for that purpose - Cannot be opposed by the appellant - Given the circumstances (H2) Sosanya v. Onadeko (2005) 2 KLR (pt. 191-193) 501; (2005) 8 NWLR (Pt.926) 185

CHIEFTAINCY MATTERS - Nomination - Qualification - Under the relevant law - Candidate that descends from the female line - Of the Ruling house - May be nominated (H6) Sosanya v. Onadeko (2005) 2 KLR (pt. 191-193) 501; (2005) 8 NWLR (Pt.926) 185

CHIEFTAINCY MATTERS - Power - Exercise of - Courts - Where the law gives a body exclusive prior power to determine some issues - Court cannot come in before that body - Has exercised that power (H3) Ogologo v. Uche (2005) 7 KLR (pts. 200 & 201) 2181; (2005) 14 NWLR (Pt.945)

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

226

CHIEFTAINCY MATTERS - Right to sue - An appellant is entitled to sue - And seek declarations - Where the prescribed authority in charge of Chieftaincy matters - Neglects to exercise power (H3) Owoseni v. Faloye (2005) 7 KLR (pts. 202 & 203) 2331; (2005) 14 NWLR (Pt.946) 719

CHIEFTAINCY MATTERS - Ruling house - Nomination Committee set up by it - Appellant who failed to submit to the Committee's procedure - Cannot complain (H3) Sosanya v. Onadeko (2005) 2 KLR (pt. 191-193) 501; (2005) 8 NWLR (Pt.926) 185

CHIEFTAINCY MATTERS - Statutes - Chieftaincy question - Definition of - Under Ondo State Chiefs Law - Includes dispute about eligibility (H4) Aribisala v. Ogunyemi (2005) 2 KLR (pt. 191-193) 393; (2005) 6 NWLR (Pt.921) 212

COMPANY LAW - Business name - Partnership relationship - Under a registered business name - Is governed by parties partnership agreement (H2) Magbagbeola v. Sanni (2005) 4 KLR (pt. 194) 835; (2005) 11 NWLR (Pt.936) 239

COMPANY LAW - Incorporation - Proof of - Is by production of certificate of incorporation - Mere appendage of Ltd or Plc - Is not evidence of incorporation (H1) Magbagbeola v. Sanni (2005) 4 KLR (pt. 194) 835; (2005) 11 NWLR (Pt.936) 239

COMPANY LAW - Ratification - S. 72 of CAMA - That provides about succeeding company - Ratifying acts of the old company - Does not apply to this case (H4) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

CONSTITUTIONAL LAW - Actions - Declaration confirming s.215(4) 1999 Constitution - As to a Governor's power to give direction - To his Commissioner of Police - May be reluctantly granted by the Supreme Court (H3) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

CONSTITUTIONAL LAW - Actions - Venue - Place of business - Of a State Government - Cannot be its Liaison Office - In view of s. 3 (3) 1999 Constitution (H4) Rivers State v. Specialist Konsult (2005) 2 KLR (pt. 191-193) 707; (2005) 7 NWLR (Pt.923) 145

CONSTITUTIONAL LAW - Appeal - As of right - Ground of appeal that is one of law - Makes an appeal to be as of right - Needing no leave of court under s. 220 (1)(b) 1979 Constitution - Even if it be in respect of an interlocutory decision (H7) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

CONSTITUTIONAL LAW - Appeals - As of right - Leave - Where the decision of trial court is final - Aggrieved party does not need leave of court - And it is immaterial that the grounds - Are of facts or mixed law and facts (H4) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

CONSTITUTIONAL LAW - Appellate jurisdiction - Conferred by the Constitution - Can only be properly activated - Through valid grounds of appeal (H3) Ikweki v. Ebele (2005) 2 KLR (pt. 191-193) 639; (2005) 11 NWLR (Pt.936) 397

CONSTITUTIONAL LAW - Arbitration - Appointment of an Arbitrator - Is not governed by CAMA or S. 251(1)(e) 1999 Constitution - But by Arbitration and Conciliation Act (H3) Magbagbeola v. Sanni (2005) 4 KLR (pt. 194) 835; (2005) 11 NWLR (Pt.936) 239

CONSTITUTIONAL LAW - Chieftaincy matters - Right of Citizens - Is not infringed - Where government prescribes time - For the challenge of chieftaincy appointment (H2) Okere v. Amadi (2005) 5 KLR (pt. 196) 1251; (2005) 14 NWLR (Pt.945) 545

CONSTITUTIONAL LAW - Conflict - Legislation - Seaward boundaries of littoral States - Are not extended by Allocation of Revenue Act 2004 - And there is no conflict - Between the 2004 Act and sections of the Constitution (H7) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

CONSTITUTIONAL LAW - Courts - Jurisdiction - Federal High Court - And State High Court - Determination of their jurisdiction - Is by reference to the Constitution (H2) Onuorah v. Kaduna Refining Co. Ltd. (2005) 2 KLR (pt. 191-193) 693; (2005) 6 NWLR (Pt.921) 393

CONSTITUTIONAL LAW - Criminal trial - Interpretation to accused - When it may be dispensed with (H2) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

CONSTITUTIONAL LAW - Evidence - Admission - Federation account - Deductions from share of Anambra State - As evidence justifying the deductions was not controverted - It is presumed to have been admitted (H6) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

CONSTITUTIONAL LAW - Existing law - Legal Practitioners Act s. 12(7) - Being an existing law vide s. 315 1999 Constitution - Is valid and constitutional (H2) Okike v. LPDC (2005) 4 KLR (pt. 194) 849; (2005) 15 NWLR (Pt.949) 471

CONSTITUTIONAL LAW - Federation account - Deductions from share of Anambra State - As evidence justifying the deductions was not controverted - It is presumed to have been admitted (H6) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

CONSTITUTIONAL LAW - Federation account - Evidence - Order of account - Plaintiff is not entitled to it - Where no evidence is placed before the court - To substantiate the allegation made (H5) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

CONSTITUTIONAL LAW - Federation account - Legislation as to manner of distribution - Amongst the beneficiaries - Is vested in the National Assembly - Vide s.162 of the Constitution (H10) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

CONSTITUTIONAL LAW - Judgment - Definition - Connotes a binding determination - By a court or tribunal - Means a decision - As defined in s. 318 (1) 1999 Constitution (H1) Falola v. Union Bank of Nig. Plc (2005) 2 KLR (pt. 191-193) 451; (2005) 7 NWLR (Pt.924) 405

CONSTITUTIONAL LAW - Jurisdiction - Federal High Court - Where action against a Federal agency - Is for breach of contract - State not Federal High Court - Has the jurisdiction (H3) Onuorah v. Kaduna Refining Co. Ltd. (2005) 2 KLR (pt. 191-193) 693; (2005) 6 NWLR (Pt.921) 393

CONSTITUTIONAL LAW - Legal Practitioners - Conduct of - Supreme Court has always had jurisdiction - In their disciplinary matters - And s. 233(1) 1999 Constitution - Did not terminate that jurisdiction (H4) Okike v. LPDC (2005) 4 KLR (pt. 194) 849; (2005) 15 NWLR (Pt.949) 471

CONSTITUTIONAL LAW - Legal Practitioners Act s. 12(7) - Is constitutional - National Assembly can establish the LPDC - And give appellate jurisdiction to the Supreme Court (H1) Okike v. LPDC (2005) 4 KLR (pt. 194) 849; (2005) 15 NWLR (Pt.949) 471

CONSTITUTIONAL LAW - Legislation - Allegation of conflict between an Act and the Constitution - As if the 2004 Act extended boundaries of littoral States - Does not arise - As the extension is merely deemed and notional (H6) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

CONSTITUTIONAL LAW - Legislation - Contention that the 2004 Revenue Act - Enacted by the National Assembly - Is null and void will fail - As the Court declares the Act intra vires the Constitution (H9) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

CONSTITUTIONAL LAW - Legislation - Validity - Estoppel - That an Act was passed by the National Assembly - Consisting of representatives from all the States - Cannot estop aggrieved States - From challenging its validity (H4) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

CONSTITUTIONAL LAW - Locus standi - Definition - Federation account - Where plaintiffs have right to receive share therefrom - They have locus standi to sue (H3) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

CONSTITUTIONAL LAW - Presidential election - Stare decisis - Jurisdiction - Qualification of Obasanjo to contest - Ojukwu's case is in all fours with this issue - And the holding in that case applies here - Ss. 239(1) & 233(3) 1999 Constitution - Is where the court derives jurisdiction - And not s. 6(6)(c) (H13) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

CONSTITUTIONAL LAW - Record of proceedings - Impeachment of - S. 36(7) of the 1999 Constitution - Supreme Court cannot find a violation of the section - Where the record is not formally impeached (H1) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

CONSTITUTIONAL LAW - Revenue allocation - Where there is a default in payment of loan - Given for development - Guaranteed by the Federal Government - It has the duty to pay the debts (H6) A-G Abia State v. A-G Federation (2005) 6 KLR (pt. 199) 1667; (2005) 12 NWLR (Pt.940) 452

CONSTITUTIONAL LAW - Supreme Court - Appellate jurisdiction of - Is limited to appeals from the Court of Appeal - As per s.233 1999 Constitution (H4) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

CONTEMPT OF COURT - Adjournment - Purpose - Forms 48 & 49 - Essence of - Is to afford the contemnor - The opportunity to recant and comply (H6) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

CONTEMPT OF COURT - Appeals - Issues - Real issue and state of affairs - Were misconceived by appellant - Service of forms 48 & 49 - Indicates an existing contempt (H5) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

CONTEMPT OF COURT - Appeals - Jurisdiction - Application - Where

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

in the nature of mandatory prayer - And not for enforcement of orders - It is properly initiated - Without filing contempt proceedings (H2) Unibiz Ltd. v. Commercial Bank (C.L.) Ltd. (2005) 4 KLR (pt. 195) 1075; (2005) 14 NWLR (Pt.944) 47

CONTEMPT OF COURT - Committal - Documents - Production of - Where a party fails to produce a document - The party that needs that document - Should adduce secondary evidence thereof - Or pursue committal of the defaulting party to prison (H6) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

CONTEMPT OF COURT - Contemnor - Definition of - It is a person who refuses to comply with court order (H3) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

CONTEMPT OF COURT - Nature - It is invoked by the court - To protect its dignity - And ensure that court orders - Are not made trivial (H1) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

CONTEMPT OF COURT - Notice to contemnor - Is by serving form 48 - If he then complies with the court order - The contempt proceedings will be terminated (H2) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

CONTEMPT OF COURT - Order to exhume body - Buried on land in dispute - Sought to be evaded by appellant - Was rightly maintained - By Court of Appeal (H7) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

CONTEMPT OF COURT - Orders of court - Compliance with - Is very essential - Especially where there is no pending appeal - To avoid becoming a contemnor (H4) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

CONTRACTS - Acceptance - Banking - Loan contract - Oral agreement - The Document (Exhibit P6) is no acceptance of the loan contract - And no oral agreement can be rightly inferred (H2) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

CONTRACTS - Actions - Limitation of - As a defence - Is not available to appellant - Where the transaction between the parties - Is related to specific contract of bailment (H2) Nigeria Ports Author. Plc. v. Lotus Plastics Ltd (2005) 12 KLR (pts. 204-207) 2927; (2005) 19 NWLR (Pt.959) 158

CONTRACTS - Actions - Venue - Residence or place of business of a defendant - Is the proper place - To sue him for breach of contract (H5) Rivers State v. Specialist Konsult (2005) 2 KLR (pt. 191-193) 707; (2005) 7 NWLR (Pt.923) 145

CONTRACTS - Agency - Breach - Agent that acts in the name of a principal - But where he acts in his own name - He is liable for any breach of the contract (H6) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

CONTRACTS - Agreements - Banking - Transfer of money - Court is right - Where it held that the liability of the respondent - Was only to pay the differences in the exchange rate - When the respondent failed to transfer the money (H6) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

CONTRACTS - Agreements - Sub-dealership agreement - Abrogation of it in the parties' terms of settlement - When not made subject to anything - It is not subsisting and is dead for all purposes (H4) The Honda Place Ltd. v. Globe Motors (2005) 7 KLR (pts. 202 & 203) 2245; (2005) 14 NWLR (Pt.945) 273

CONTRACTS - Bailment - Possession - Where plaintiff had paid for goods - And taken delivery of part of them - Constructive bailment contract exists between the parties (H6) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

CONTRACTS - Banking - Allegation of breach may be justified by facts - That provide good reason for terminating the contract (H7) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

CONTRACTS - Banking - Formation of contract - Refusal of the contractual terms - Means no contract between the parties (H3) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

CONTRACTS - Banking - Guarantee - Liability - Waiver - Pleadings - As the plaintiff's action is based on two planks - It succeeds against the 3rd respondent - On the basis of the Deed of Guarantee (H6) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

CONTRACTS - Banking - Guarantee contract - Though 3rd respondent is not liable under Bill of Exchange Act - For the dishonoured cheques - It is liable under the Contract of Guarantee - Contrary to wrongful findings of the lower courts (H5) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

CONTRACTS - Banking - Loan agreement - Interest rate - By the mortgage clause - The respondent Bank can change the original interest rate - Without appellant's prior consent (H1) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

CONTRACTS - Banking - Obligations binding on the parties - Are not discharged by exhibits X and Y - Which are irrelevant (H6) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

CONTRACTS - Banking - Waiver - Being a form of estoppel - The representation - And fact of acting on it to one's prejudice - Must be pleaded and shown (H3) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

CONTRACTS - Binding nature of - Formation of - Business of court - Is not to make contracts for the parties before it (H3) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

CONTRACTS - Breach - Damages - Where plaintiff did not establish on

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

the pleadings - That it sustained any loss - As a result of defendants' breach of contract - The award of damages - Is arbitrary (H5) Gonzee Nig. Ltd v. N.E.R.D.C. (2005) 6 KLR (pt. 198) 1573; (2005) 13 NWLR (Pt.943) 634

CONTRACTS - Breach - Exemption clause - Effect of - Fundamental breach - Where a party is guilty of fundamental breach - Exemption clause cannot be relied upon - To escape liability (H2) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

CONTRACTS - Breach of - Banking - Dishonoured cheque - Damages - Is the loss flowing naturally from the breach - Incurred in direct consequence of the breach (H2) Gonzee Nig. Ltd v. N.E.R.D.C. (2005) 6 KLR (pt. 198) 1573; (2005) 13 NWLR (Pt.943) 634

CONTRACTS - Breach of contract - Damages - The terms `special' and `general' damages - Are not appropriate in an action for breach of contract - But where parties bind themselves knowingly under special circumstances - It would attract damages - Which parties agreed at the time of the contract (H3) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

CONTRACTS - Building - Termination of contract - Where contractor abandons work - Pretermination notice need not be given (H3) Adecentro Ltd v Council of O.A.U. (2005) 5 KLR (pt. 196) 1085; (2005) 15 NWLR (Pt.948) 290

CONTRACTS - Building - Where a contractor requests for extension of time - Silence by the Architect - Does not amount to an approval (H1) Adecentro Ltd v Council of O.A.U. (2005) 5 KLR (pt. 196) 1085; (2005) 15 NWLR (Pt.948) 290

CONTRACTS - Business name - Partnership relationship - Under a registered business name - Is governed by parties partnership agreement (H2) Magbagbeola v. Sanni (2005) 4 KLR (pt. 194) 835; (2005) 11 NWLR (Pt.936) 239

CONTRACTS - Courts - Agreement - To be in existence - Means there is

KINGS LAW REPORTS COMPREHENSIVE INDEX

a valid offer - And unqualified acceptance - Court is not to make the contract (H1) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

CONTRACTS - Courts - Documents - Fairness of court in construing documents - Cannot make a worthless document efficacious in law (H4) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

CONTRACTS - Damages - Award of - Amount of damages for breach of contract - Is the amount it will entail to put that person - In the position he would have been - If there had been no breach of contract (H2) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

CONTRACTS - Damages for breach - Purpose of - Where there is no contract - Issue of damages and interest will not arise (H5) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

CONTRACTS - Documents - Construction of - Contract of service - Where plain and unambiguous - Court must confine itself to its provisions - In determining the rights and obligations of the parties (H2) Ibama v. Shell Petroleum (2005) 10 KLR (pts. 204-207) 2593; (2005) 17 NWLR (Pt.954) 364

CONTRACTS - Documents - Parties to an agreement - Tenants' contention that they have priority of interest - To buy government houses occupied by them - Is not tenable - As they are not parties to Exh. 2 sought to be relied upon (H5) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221; (2005) 15 NWLR (Pt.948) 266

CONTRACTS - Documents - Terms of contract - Oral testimony is not admissible - To contradict the written document (H1) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

CONTRACTS - Guarantee - Revenue allocation - Where there is a default

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

in payment of loan - Given for development - Guaranteed by the Federal Government - It has the duty to pay the debts (H6) A-G Abia State v. A-G Federation (2005) 6 KLR (pt. 199) 1667; (2005) 12 NWLR (Pt.940) 452

CONTRACTS - Guarantee - Waiver - Bill of exchange - Where plaintiff accepted bills drawn contrary to contract - It is deemed to have waived its right - As found by the 2 lower courts - But to an extent (H1) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

CONTRACTS - Illegality - Pleadings - Where a respondent relies on illegality as a defence - The facts are to be stated in his pleadings (H1) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

CONTRACTS - Jurisdiction - Federal agency - Where action against a Federal agency - Is for breach of contract - State not Federal High Court - Has the jurisdiction (H3) Onuorah v. Kaduna Refining Co. Ltd. (2005) 2 KLR (pt. 191-193) 693; (2005) 6 NWLR (Pt.921) 393

CONTRACTS - Liability - Limitation clause - That ridiculously limits amount of liability - Is as good as a clause exempting from liability (H3) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

CONTRACTS - Nature - Agreement - Where in a written document - Oral evidence may not be allowed to contradict it (H1) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

CONTRACTS - Place of filing action - Jurisdiction - Cause of action - Damages - Lex situs of the factory - Is not an issue in this case - As cause of action arose - From the parties' contract (H2) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

CONTRACTS - Proof - Written contract - Claim of right - Where terms are varied by parties conduct - Evidence of oral variation is admissible (H2) Adecentro Ltd v Council of O.A.U. (2005) 5 KLR (pt. 196) 1085; (2005)

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

15 NWLR (Pt.948) 290

CONTRACTS - Statutory privilege - Reliance on limitation clause - As a defence in a breach of contract claim - Would depend on the facts - On which an individual case turns (H3) Nigeria Ports Author. Plc. v. Lotus Plastics Ltd (2005) 12 KLR (pts. 204-207) 2927; (2005) 19 NWLR (Pt.959) 158

CONTRACTS - Termination of - Contract of service - Where an employee has been notified - Of his pending retirement - It does not per se - Constitute a bar to subsequent termination of his employment (H3) Ibama v. Shell Petroleum (2005) 10 KLR (pts. 204-207) 2593; (2005) 17 NWLR (Pt.954) 364

CONTRACTS - Time for execution - Where not stipulated within the mortgage - Delay of about seventeen days - Is not inordinate in the circumstances (H8) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

CONTRACTS - Written agreement - Disagreement thereto - Is resolved vide the parties' written contract (H2) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

CONTRACTS - Written stipulation - Where contract is reduced into writing - Court will not look into any matter - Outside the terms stipulated (H1) Ibama v. Shell Petroleum (2005) 10 KLR (pts. 204-207) 2593; (2005) 17 NWLR (Pt.954) 364

CONVEYANCING - Documents - Signature - Where denied by the maker - Four legal ways to resolve the issue - Was not employed by the trial court (H2) Amadi v. Orisakwe (2005) 1 KLR (pt. 190) 239; (2005) 7 NWLR (Pt.924) 385

CONVICTION - Acquittal - Where respondent has not been tried - As his trial in absentia is a nullity - Retrial will be ordered not acquittal (H5) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005) 6 NWLR (Pt.922) 496

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

CONVICTION - Armed robbery - Lies by an accused in parts of his evidence - Is not a legal ground for his conviction (H5) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

CONVICTION - Basis - Confession - Definition - Conviction can be based solely on one's confession - Where circumstances confirm its truth (H1) Ubierho v. State (2005) 2 KLR (pt. 191-193) 543; (2005) 5 NWLR (Pt.919) 644

CONVICTION - Validity - Evidence - Concurrent findings - Confessional Statement - Where made voluntarily by accused person - Is sufficient to sustain conviction (H3) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

CONVICTION - Verdict - Provocation - Duty of court - Is to consider whether a reasonable person in such circumstances - Might be so rendered to loss of self control - Which will lead to use of violence - In order to give a correct verdict (H3) Shande v. State (2005) 6 KLR (pt. 198) 1593; (2005) 12 NWLR (Pt.939) 301

CONVICTION - Verdict - Where separate persons are tried together - Separate verdicts must be returned - Error in doing this - May not amount to miscarriage of justice (H6) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

CORROBORATION - Child's testimony - Where he understands questions put to him - And also understands nature of oath - Corroborative evidence is not needed (H7) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

COURT MARTIAL - Stealing - Trial of accused in absentia - And reliance on hearsay evidence - Is a sham (H4) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005) 6 NWLR (Pt.922) 496

COURT PROCESSES - Contempt of court - Forms 48 & 49 - Essence of - Is to afford the contemnor - The opportunity to recant and comply (H6) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

COURT PROCESSES - Contempt of court - Notice to contemnor - Is by serving form 48 - If he then complies with the court order - The contempt proceedings will be terminated (H2) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

COURT PROCESSES - Forms 48 & 49 - Appeals - Issues - Contempt of court - Real issue and state of affairs - Were misconceived by appellant - Service of forms 48 & 49 - Indicates an existing contempt (H5) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

COURT PROCESSES - Forms 48 & 49 - Orders of Court - Where a party neglects orders - Made against him - Section 72 of the Sheriff and Civil Process Act applies - And Forms 48 & 49 will issue only on contempt proceedings (H1) Unibiz Ltd. v. Commercial Bank (C.L.) Ltd. (2005) 4 KLR (pt. 195) 1075; (2005) 14 NWLR (Pt.944) 47

COURT PROCESSES - Hearing Notice - Should be issued afresh by the court - To a party his counsel withdraws (H3) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

COURT PROCESSES - Non service of - Hearing notice - Where deposition of non service - Was not controverted - The trial was rightly set aside (H2) Teno Engineering Ltd v. Adisa (2005) 3 KLR (pt. 191-193) 765; (2005) 10 NWLR (Pt.933) 346

COURT PROCESSES - Service of - Hearing notice - Should be served on defendant personally - Or on his solicitor (H1) Teno Engineering Ltd v. Adisa (2005) 3 KLR (pt. 191-193) 765; (2005) 10 NWLR (Pt.933) 346

COURT PROCESSES - Service of - Land - Acquisition by government - Notice of - Plaintiffs that fail to prove their title - Are not the rightful persons to be served - And they have no locus standi - To seek nullification of the acquisition (H12) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

COURT PROCESSES - Service of - Preaction notice - Non-service of - Is an irregularity that can be waived - But where not waived - Court cannot

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

exercise its jurisdiction (H4) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

COURT PROCESSES - Service of process - Liaison Office of a State - Service effected therein - Is deemed proper (H2) Rivers State v. Specialist Konsult (2005) 2 KLR (pt. 191-193) 707; (2005) 7 NWLR (Pt.923) 145

COURT PROCESSES - Service of writ - Outside court's jurisdiction - Sheriffs Act s. 97 - Demands that the writ be specially endorsed - For it to be regular (H2) Broad Bank v. A. S. Olayiwola & Sons Ltd. (2005) 1 KLR (pt. 190) 257; (2005) 3 NWLR (Pt.912) 434

COURT PROCESSES - Service of writ - Undefended list - Affidavit of service - O. 60 High Court Rules of Lagos State - Makes filing affidavit evidence of service mandatory (H1) Rivers State v. Specialist Konsult (2005) 2 KLR (pt. 191-193) 707; (2005) 7 NWLR (Pt.923) 145

COURT PROCESSES - Writ of Summons - Service out of Jurisdiction - The law demands firstly - That leave to issue and serve the writ be secured (H1) Broad Bank v. A. S. Olayiwola & Sons Ltd. (2005) 1 KLR (pt. 190) 257; (2005) 3 NWLR (Pt.912) 434

COURT PROCESSES - Writ of summons - Service outside jurisdiction - Special endorsement is needed - It is the registrars's duty to ensure compliance - With legally prescribed form of a writ (H4) Broad Bank v. A. S. Olayiwola & Sons Ltd. (2005) 1 KLR (pt. 190) 257; (2005) 3 NWLR (Pt.912) 434

COURT PROCESSES - Writ of Summons - Service outside jurisdiction - Applicable Court Rules - Is the 1994 Rules - Non compliance - Is curable if not intended to over reach (H6) Broad Bank v. A. S. Olayiwola & Sons Ltd. (2005) 1 KLR (pt. 190) 257; (2005) 3 NWLR (Pt.912) 434

COURTS - Access to - Chieftaincy matters - Where appellant has satisfied prescribed steps - In determination of minor dispute - And prescribed authority does not do what is required of them - Then appellant has no option than to go to court (H2) Owoseni v. Faloye (2005) 7 KLR (pts. 202 & 203) 2331; (2005) 14 NWLR (Pt.946) 719

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

COURTS - Actions - Abuse of court's process - Issues - Sameness of - Where issues raised in two suits - Between same parties are the same - Respondent's counsel will be wrong - To submit that the issues raised by parties are different (H1) Ekpuk v. Okon (2005) 6 KLR (pt. 198) 1557; (2005) 14 NWLR (Pt.944) 26

COURTS - Actions - Cause of action - Where parties are misjoined in an action - Court can order separate trials - For purpose of clarity (H6) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

COURTS - Actions - Commencement - Jurisdiction - Oil fields matter - Existing law when the cause of action arose - Did not invalidate State High Court's jurisdiction (H2) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

COURTS - Actions - Declaration that seeks advisory opinion - Will not be granted by the court (H2) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

COURTS - Actions - Estoppel per rem judicatam - Failure of - Will lead to court holding - That exhibits tendered in proof of the plea - Are irrelevant (H2) Long-John v. Blakk (2005) 10 KLR (pts. 204-207) 2651; (2005) 17 NWLR (Pt.953) 1

COURTS - Admission of evidence - Wrongfully admitted document - Not shown to have adversely affected appellant's case - Will not ground a reversal of the decision (H2) Durosaro v. Ayorinde (2005) 3 KLR (pt. 191-193) 735; (2005) 8 NWLR (Pt.927) 407

COURTS - Appeals - Discretion - Exercised by trial court - Appellate court should examine - All the facts in an appeal against discretion (H2) Alsthom S.A. v. Saraki (2005) 1 KLR (pt. 190) 217; (2005) 3 NWLR (Pt.911) 208

COURTS - Appeals - Discretion - Interference - Where discretion is exercised upon a wrong principle - Appellate Court can interfere (H3) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

COURTS - Appeals - Findings - Reversal of lower court's findings - Occurs in certain circumstances - Such as where erroneous view of the evidence - Was taken by the lower court (H5) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

COURTS - Appeals - Findings of fact - Title to land - Perverse findings - Where trial court failed to evaluate the evidence - Court of Appeal will do that (H4) Adebayo v. Shogo (2005) 2 KLR (pt. 191-193) 563; (2005) 7 NWLR (Pt.925) 467

COURTS - Appeals - Issues - Courts - Suo motu issue - Where raised by appeal court - Need to hear the parties - Before a decision is made (H4) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

COURTS - Appeals - Issues - Raised suo motu by the court - Without input by counsel - Caused miscarriage of justice - In this case (H5) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

COURTS - Appeals - Issues - Suo motu raising of by court - Suggestion by lower court - That an issue must be formulated from each ground - Is not correct (H3) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

COURTS - Appeals - Issues - Where raised Suo motu - Without attention of counsel - It amounts to travesty of justice - In the circumstances of this case (H1) Okere v. Amadi (2005) 5 KLR (pt. 196) 1251; (2005) 14 NWLR (Pt.945) 545

COURTS - Appeals - Judgment - Of trial court - Cannot be set aside - For not beginning - With an introduction of the parties (H11) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

COURTS - Appeals - Judgments - Interest on judgment debt - Directive by Supreme Court to trial court - To ascertain additional interest - Cannot be queried before the trial court (H5) LSDPC v. Adold Stamm Ltd. (2005) 1

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

KLR (pt. 189) 75; (2005) 2 NWLR (Pt.910) 603

COURTS - Appeals - Judgments - Notice to produce - Lower court's dismissal of defendant's application - For notice to produce a relevant document - Was erroneous (H4) Ademeso v. Okoro (2005) 6 KLR (pt. 198) 1485; (2005) 14 NWLR (Pt.945) 308

COURTS - Appeals - Orders - Retrial - Where appeal court ordered a retrial - It rightly declined to rule - On the issue of whether the claim - Disclosed a reasonable cause of action (H3) Cookey v. Fombo (2005) 5 KLR (pt. 196) 1203; (2005) 15 NWLR (Pt.947) 182

COURTS - Appeals - Reliefs - Power of Court of Appeal - Under s. 16 of the Act - Is limited to awarding only same reliefs - Trial court could have granted (H6) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

COURTS - Appeals - Retrial order - Where the trial of an accused is declared a nullity - Principles that guide the court - In ordering or refusing a retrial (H3) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005) 6 NWLR (Pt.922) 496

COURTS - Appeals - Reversal - Evidence - Admissibility - Where inadmissible evidence is admitted - Court should reject the evidence - And consider if there is any remaining legal evidence to sustain the claim (H6) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

COURTS - Arbitrator - Duty of - Appointment of - As it does not include running the company - State High Court has jurisdiction to appoint an arbitrator (H5) Magbagbeola v. Sanni (2005) 4 KLR (pt. 194) 835; (2005) 11 NWLR (Pt.936) 239

COURTS - Claims - Judgments - Distinct and independent claims - Trial court's judgment on the first claim - Is final as it fully dealt with the issue (H3) Falola v. Union Bank of Nig. Plc (2005) 2 KLR (pt. 191-193) 451; (2005) 7 NWLR (Pt.924) 405

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

COURTS - Contempt of court - Nature - It is invoked by the court - To protect its dignity - And ensure that court orders - Are not made trivial (H1) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

COURTS - Contempt of court - Notice to contemnor - Is by serving form 48 - If he then complies with the court order - The contempt proceedings will be terminated (H2) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

COURTS - Contracts - Agreement - To be in existence - Means there is a valid offer - And unqualified acceptance - Court is not to make the contract (H1) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

COURTS - Contracts - Fairness of court in construing documents - Cannot make a worthless document efficacious in law (H4) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

COURTS - Criminal procedure - Proof beyond reasonable doubt - Trial court - Must consider favourable and unfavourable evidence - Before finding whether burden of proof is discharged (H2) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

COURTS - Damages - Award of - Interference by appellate court - May be necessary - Where the award - Is based on wrong principles - Or is either too small or extremely high (H8) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

COURTS - Damages - Distinction - Between special and general damages - Where plaintiff failed to prove special damages - Court cannot award general damages in lieu (H6) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

COURTS - Damages - Evidence - Judgment in default of pleadings - Where trial court did not receive any oral or affidavit evidence - In support of the claim - Before awarding the damages claimed - Such judgment will be set aside (H9) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

COURTS - Damages - Mitigation - Court's attitude to oppressive claim for damages - Is to refuse the claim (H5) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

COURTS - Decisions - Courts of coordinate jurisdiction - Should not overturn each other's decision (H2) Ekpuk v. Okon (2005) 6 KLR (pt. 198) 1557; (2005) 14 NWLR (Pt.944) 26

COURTS - Defence - Criminal procedure - Murder - Provocation - Defence raised by the evidence - Should be adequately considered by the court - Even if not raised by the accused (H4) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

COURTS - Discretion - Adjournments - Trial court's abortion of the trial - In refusing plea for adjournment - Is wrongful in the circumstances (H4) Alsthom S.A. v. Saraki (2005) 1 KLR (pt. 190) 217; (2005) 3 NWLR (Pt.911) 208

COURTS - Discretion - Amendment of pleadings - Can be allowed at any stage including appeal - Save where injustice will result - And exercise of discretion by Court - Must be done judiciously (H1) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

COURTS - Discretion - Special and general damages - Same latitude of discretion - In awarding general damages - Does not avail the court - In the award of special damages - As special damages require strict proof (H5) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

COURTS - Documents - Admissibility - Where a document is unsigned - And of dubious origin - Trial court erred in relying on it (H3) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

COURTS - Documents - Construction of - Contract of service - Where plain and unambiguous - Court must confine itself to its provisions - In determining the rights and obligations of the parties (H2) Ibama v. Shell

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

Petroleum (2005) 10 KLR (pts. 204-207) 2593; (2005) 17 NWLR (Pt.954) 364

COURTS - Documents - Conveyance - Signature - Where denied by the maker - Four legal ways to resolve the issue - Was not employed by the trial court (H2) Amadi v. Orisakwe (2005) 1 KLR (pt. 190) 239; (2005) 7 NWLR (Pt.924) 385

COURTS - Duty - Affidavits - Facts - Where they remain unchallenged - Court is bound to accept those facts as established - And they are deemed to have been admitted (H1) The Honda Place Ltd. v. Globe Motors (2005) 7 KLR (pts. 202 & 203) 2245; (2005) 14 NWLR (Pt.945) 273

COURTS - Duty of - Contracts - Binding nature of - Formation of - Business of court - Is not to make contracts for the parties before it (H3) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

COURTS - Error - Cross Appeal - Dismissal of - Is wrong - Where court did not consider it on the merits - On the ground that the trial of the matter was premature (H4) Owoseni v. Faloye (2005) 7 KLR (pts. 202 & 203) 2331; (2005) 14 NWLR (Pt.946) 719

COURTS - Error - Libel - Pleadings - Solicitor's letter in this case being privileged - Trial court was wrong - In considering another fact - That was not pleaded (H6) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

COURTS - Evidence - Document - Use by court - Should be only for the purpose it was tendered - Address of parties should be secured - If a different use is intended (H4) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

COURTS - Evidence - Evaluation - Judgments - Where trial Court did not properly evaluate evidence - Appellate court cannot set the judgment aside - Without evaluating the evidence (H3) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

COURTS - Evidence - Inquiry - Examination of documents - It is not the duty of court to make inquiry into the case outside court (H4) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

COURTS - Evidence - Previous proceedings - Or conviction - Should not be relied upon by court - In coming to a conclusion (H1) Durosaro v. Ayorinde (2005) 3 KLR (pt. 191-193) 735; (2005) 8 NWLR (Pt.927) 407

COURTS - Evidence - Proof - Duty of court - In evaluating evidence - Is to examine and peruse carefully - Documents and oral evidence - Before it (H8) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

COURTS - Evidence - Where evidence is strong enough to support the conclusion reached by trial court - It would be out of place for court below - To tamper with such finding of fact (H2) Ogba v. Onwuzo (2005) 6 KLR (pt. 199) 1781; (2005) 14 NWLR (Pt.945) 331

COURTS - Evidence - Where evidence is unchallenged and uncontradicted - Trial Court has a duty to evaluate it - And be satisfied that it is sufficient to sustain the claim (H4) Gonzee Nig. Ltd v. N.E.R.D.C. (2005) 6 KLR (pt. 198) 1573; (2005) 13 NWLR (Pt.943) 634

COURTS - Evidence - Where unchallenged - Judge is still expected to examine - Whether or not it was sufficient - To establish the claims made by the party - Who provided that evidence (H1) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

COURTS - Fair hearing - Hearing Notice - Should be issued afresh by the court - To a party his counsel withdraws (H3) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

COURTS - Fair hearing - Procedure adopted by court in closing trial - Is a breach of defendant's right to fair hearing (H5) Alsthom S.A. v. Saraki (2005) 1 KLR (pt. 190) 217; (2005) 3 NWLR (Pt.911) 208

COURTS - Fair hearing - Representation by counsel - Where plaintiff's

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

counsel withdraws - Court should put plaintiff on notice (H4) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

COURTS - Findings - Banking - Transfer of money - Court is right - Where it held that the liability of the respondent - Was only to pay the differences in the exchange rate - When the respondent failed to transfer the money (H6) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

COURTS - Findings - Evidence - Clarity - Where plaintiff's evidence - Demonstrates inexplicable ignorance of necessary facts - Court cannot find in his favour (H5) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

COURTS - Findings of - Banking - Guarantee contract - Though 3rd respondent is not liable under Bill of Exchange Act - For the dishonoured cheques - It is liable under the Contract of Guarantee - Contrary to wrongful findings of the lower courts (H5) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

COURTS - Inference - Pleaded facts that raise a reasonable inference of law - Cannot be excluded from the consideration of the court (H1) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221; (2005) 15 NWLR (Pt.948) 266

COURTS - Issues - Perverse findings - Trial court did not introduce extraneous issues - As to make its findings perverse (H3) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

COURTS - Judge - Bias - Where alleged against the court or judge - It should not be based on favouring one side - But on the impression of an onlooker (H3) Azuokwu v. Nwokanma (2005) 5 KLR (pt. 196) 1181; (2005) 11 NWLR (Pt.937) 537

COURTS - Judgment - Accidental slip - Court becomes functus officio - Once judgment is delivered - But it can be interfered with - So as to correct an accidental slip (H1) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

COURTS - Judgment - Definition - Connotes a binding determination - By a court or tribunal - Means a decision - As defined in s. 318 (1) 1999 Constitution (H1) Falola v. Union Bank of Nig. Plc (2005) 2 KLR (pt. 191-193) 451; (2005) 7 NWLR (Pt.924) 405

COURTS - Judgments - Affidavits - Conflict therein - Needs to be resolved by evidence - Any judgment without that resolution - Is invalid (H4) Falola v. Union Bank of Nig. Plc (2005) 2 KLR (pt. 191-193) 451; (2005) 7 NWLR (Pt.924) 405

COURTS - Judgments - Book cited by counsel - Trial court is free - To make use of pages not cited - In coming to a proper decision (H6) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

COURTS - Judgments - Constituent parts - Of good judgment - In case of a trial court - Includes questions to be decided - Essential facts of the case of each party - Evidence led - Resolution of the issues - Conclusion - And verdict made by Court (H3) Ogba v. Onwuzo (2005) 6 KLR (pt. 199) 1781; (2005) 14 NWLR (Pt.945) 331

COURTS - Judgments - Declaratory claims - Discretion of court - What a plaintiff must do - In order to succeed - Includes establishing a right (H2) Alao v. Akano (2005) 4 KLR (pt. 194) 817; (2005) 11 NWLR (Pt.935) 160

COURTS - Judgments - Final or interlocutory - Depends on whether that judgment completely disposed of the parties' rights - Requiring no further reference to that court (H2) Falola v. Union Bank of Nig. Plc (2005) 2 KLR (pt. 191-193) 451; (2005) 7 NWLR (Pt.924) 405

COURTS - Judgments - Format of - There is no prescribed statutory format - Things a judgment should state - Include reliefs claimed and reactions of the judge (H10) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

COURTS - Judgments - Judicial decision - Is said to be final - Where it leaves nothing to be judicially determined - That is, the matter will not be brought back to the court - For further adjudication (H2) Union Bank Plc

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

v. Boney Marc. Ltd. (2005) 7 KLR (pts. 200 & 201) 2113; (2005) 13 NWLR (Pt.943) 654

COURTS - Judgments - Legal practitioners - Where a party's case fails - For negligence of Counsel - It does not amount to - Visitation of Counsel's sin on the client (H3) Magna Maritime Ltd v. Oteju (2005) 5 KLR (pt. 197) 1405; (2005) 14 NWLR (Pt.945) 517

COURTS - Judgments - Manner of writing - Ratio decidendi - Is the binding part of a decision - Obiter dicta - Is not necessary for the decision (H3) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

COURTS - Judgments - Proof - Only copy of the judgment - Can be relied upon - As the conclusive proof of the matters decided (H3) A-G Plateau v. A-G Nasarawa (2005) 4 KLR (pt. 194) 799; (2005) 9 NWLR (Pt.930) 421

COURTS - Judgments - Res judicata - Decision - Is final - Where it finally disposes of the rights of the parties - So that consent judgment - Pursuant to parties' terms of settlement - Is a final decision (H3) The Honda Place Ltd. v. Globe Motors (2005) 7 KLR (pts. 202 & 203) 2245; (2005) 14 NWLR (Pt.945) 273

COURTS - Judgments - Trial court should hear all the sides - And compare weight of evidence - To avoid judicial rashness (H5) Adebayo v. Shogo (2005) 2 KLR (pt. 191-193) 563; (2005) 7 NWLR (Pt.925) 467

COURTS - Judgments or orders - Remain binding until set aside - By due process of law - Even where the order is irregular or void (H1) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

COURTS - Judicial precedents - Misunderstanding of - Special damages - Trial court misunderstood two precedents - It relied upon (H3) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

COURTS - Jurisdiction - Appeal - From Customary Court of Appeal - To Court of Appeal - Is limited to questions of customary law - Or as may be prescribed by an Act of National Assembly (H2) Tiza v. Begha (2005) 5 KLR (pt. 197) 1461; (2005) 15 NWLR (Pt.949) 616

COURTS - Jurisdiction - Appeals - Issue of - Should be handled by appellate courts - That are empowered - To determine the real question in controversy (H4) C.G.G. Ltd. v. Ogu (2005) 2 KLR (pt. 191-193) 435; (2005) 8 NWLR (Pt.927) 366

COURTS - Jurisdiction - Appeals - Jurisdiction - Remittance by Court of Appeal to trial court - To determine issue of jurisdiction - Is wrong (H3) C.G.G. Ltd. v. Ogu (2005) 2 KLR (pt. 191-193) 435; (2005) 8 NWLR (Pt.927) 366

COURTS - Jurisdiction - Arbitrator - Appointment of - Both State and Federal High Courts have jurisdiction (H4) Magbagbeola v. Sanni (2005) 4 KLR (pt. 194) 835; (2005) 11 NWLR (Pt.936) 239

COURTS - Jurisdiction - Competence - Where Challenged - Court shall deal with that issue - At earliest stage (H3) Tiza v. Begha (2005) 5 KLR (pt. 197) 1461; (2005) 15 NWLR (Pt.949) 616

COURTS - Jurisdiction - Competence of court - Where statute ousts the jurisdiction of court - Court should examine all the circumstances of the case - With a view of discovering whether it fits into the orbit of the intendment of the statute (H3) Jombo v. P.E.F. (MGT. Board) (2005) 7 KLR (pts. 202 & 203) 2441; (2005) 14 NWLR (Pt.945) 443

COURTS - Jurisdiction - Competence of court to adjudicate on a matter - Where jurisdiction of court is being thrown away - Court should not readily lend its hand to forces - That seek to take away its jurisdiction (H4) Jombo v. P.E.F. (MGT. Board) (2005) 7 KLR (pts. 202 & 203) 2441; (2005) 14 NWLR (Pt.945) 443

COURTS - Jurisdiction - Conferment of - Is not by the Rules of Court - But the statute creating the court (H2) Onuorah v. Kaduna Refining Co. Ltd. (2005) 2 KLR (pt. 191-193) 693; (2005) 6 NWLR (Pt.921) 393

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

COURTS - Jurisdiction - Determination of - Is by reference to plaintiff's writ of summons - And statement of claim (H1) Onuorah v. Kaduna Refining Co. Ltd. (2005) 2 KLR (pt. 191-193) 693; (2005) 6 NWLR (Pt.921) 393

COURTS - Jurisdiction - Federal High Court - And State High Court - Determination of their jurisdiction - Is by reference to the Constitution (H2) Onuorah v. Kaduna Refining Co. Ltd. (2005) 2 KLR (pt. 191-193) 693; (2005) 6 NWLR (Pt.921) 393

COURTS - Jurisdiction - Federal High Court - Where action against a Federal agency - Is for breach of contract - State not Federal High Court - Has the jurisdiction (H3) Onuorah v. Kaduna Refining Co. Ltd. (2005) 2 KLR (pt. 191-193) 693; (2005) 6 NWLR (Pt.921) 393

COURTS - Jurisdiction - In matters pertaining to mines and minerals - Belongs to Federal High Court - Not State High Court (H2) C.G.G. Ltd. v. Ogu (2005) 2 KLR (pt. 191-193) 435; (2005) 8 NWLR (Pt.927) 366

COURTS - Jurisdiction - Interpretation of Statutes - Where a law has the feature of being punitive - Court should launch out into its jurisprudential knowledge - To ensure that its jurisdiction is not taken away (H2) Jombo v. P.E.F. (MGT. Board) (2005) 7 KLR (pts. 202 & 203) 2441; (2005) 14 NWLR (Pt.945) 443

COURTS - Jurisdiction - Mining matters - Federal High Court now has exclusive jurisdiction - In mines and minerals matters (H1) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

COURTS - Jurisdiction - Objection - To court's jurisdiction - Can be taken at any time - Based on several situations - Including motion supported with facts (H5) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

COURTS - Jurisdiction - Of the Supreme Court - To hear appeal from the LPDC - Is established under s. 316 (1) of the 1999 Constitution (H3) Okike v. LPDC (2005) 4 KLR (pt. 194) 849; (2005) 15 NWLR (Pt.949) 471

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

COURTS - Jurisdiction - Preaction notice - Noncompliance with - Puts court's jurisdiction on hold - Pending compliance with the precondition (H3) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

COURTS - Jurisdiction - Preaction notice - Non-service of - Is an irregularity that can be waived - But where not waived - Court cannot exercise its jurisdiction (H4) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

COURTS - Justice - Administration of - Where a party is seen to be indulging - In a method that is antithetical to justice - Court should distance itself from it (H3) Duke v. Akpabuyo Local Govt. (2005) 12 KLR (pts. 204-207) 2779; (2005) 19 NWLR (Pt.959) 130

COURTS - Justice - Issues before the court - Lack of understanding of the case by the court - May lead to total failure of justice (H4) Iderima v. Rivers State Civil Ser. Comm. (2005) 7 KLR (pts. 202 & 203) 2273; (2005) 16 NWLR (Pt.951) 378

COURTS - Locus standi - Absence of - Goes to terminate court's jurisdiction - Unto striking out the claim (H4) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

COURTS - Mitigation - Surrender of demised property - Refusal by landlord to take back possession - Justifies trial court's consideration - Of the issue of mitigation of damages (H4) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

COURTS - Motions - Objection - Where defendant's preliminary objection was upheld - Court was right to have struck out plaintiff's application (H2) Utuks v. N.P.A (2005) 6 KLR (pt. 198) 1611; (2005) 13 NWLR (Pt.943) 623

COURTS - Nature of - Not immutable - They are meant to be obeyed - But caution should be exercised - To apply them so as not to choke justice (H1) Duke v. Akpabuyo Local Govt. (2005) 12 KLR (pts. 204-207) 2779;

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

(2005) 19 NWLR (Pt.959) 130

COURTS - Objection - Appeals - Where Court of Appeal fails to consider preliminary objection - Supreme Court is in a position to examine it (H1) Magna Maritime Ltd v. Oteju (2005) 5 KLR (pt. 197) 1405; (2005) 14 NWLR (Pt.945) 517

COURTS - Orders - Consequential orders - Can be made as in this case (H9) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

COURTS - Orders - Governor of Anambra State - Order by an Enugu High Court Judge - That he be removed from office - Cannot be Considered by the Supreme Court - Without an appeal from the Court of Appeal (H4) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

COURTS - Orders - Injunction - Is an Equitable Remedy - And can only be granted - In support of rights known to law or equity (H7) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

COURTS - Orders - Injunction - When not prayed by a party - Can be granted as a consequential order (H2) Okoye v. Briggs (2005) 4 KLR (pt. 195) 999

COURTS - Orders - Interim injunction - Duration - Where order of dismissal - Is set aside on appeal - Restoration of interim injunction is not implied (H4) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

COURTS - Orders - Mareva injunction - Is granted - Against defendant - Or persons in possession of defendants assets - From disposing them - Pending determination of the case (H5) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

COURTS - Orders - Nature of - Whether final or interlocutory - Is determined - By subject matter in dispute being related to the decision (H1) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207)

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

2619; (2005) 17 NWLR (Pt.955) 447

COURTS - Parties - Case not made by the parties - Should not be introduced by the court (H4) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

COURTS - Pleadings - Averments - Do not amount to evidence - Which Court can rely on (H5) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

COURTS - Pleadings - Binding nature of - As parties are bound by their pleadings - Courts are also bound by the pleadings - And issues raised in the pleadings (H2) Ademeso v. Okoro (2005) 6 KLR (pt. 198) 1485; (2005) 14 NWLR (Pt.945) 308

COURTS - Pleadings - Illegality - Allegation of - Must be specifically pleaded - Court to refrain from deciding - Any matter not specifically pleaded (H5) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

COURTS - Pleadings - Where matters are not pleaded - Trial Judge should not decide on such points (H4) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

COURTS - Preaction remedies - Right to sue - Statutes - Where statute prescribes a legal line of action - In administrative, chieftaincy or taxation matters - Aggrieved party must exhaust all remedies in the law before going to court (H1) Owoseni v. Faloye (2005) 7 KLR (pts. 202 & 203) 2331; (2005) 14 NWLR (Pt.946) 719

COURTS - Record of Appeal - Court and parties are bound - By the record of appeal as certified - And it is presumed correct - Unless the contrary is proved (H1) Gonzee Nig. Ltd v. N.E.R.D.C. (2005) 6 KLR (pt. 198) 1573; (2005) 13 NWLR (Pt.943) 634

COURTS - Relief not claimed - Termination of employment - Court cannot grant a relief - Of one month salary in lieu of notice - That was due but not properly claimed (H7) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt.

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

189) 55; (2005) 5 NWLR (Pt.917) 160

COURTS - Reliefs - Dispute - Where reliefs are merely hypothetical - And raised no dispute - Court will not grant them (H5) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

COURTS - Retirement of a judge - Counter claim - Concession by the counter claimant - Puts issue of retirement age of the Chief Judge to rest (H7) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

COURTS - Satisfaction of - Parties - Evidence - Appearance of a party - In court to give evidence - Is not necessary - Where the claims are proved to the satisfaction of the court (H7) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

COURTS - Statutes - Interpretation of - Plain words of a statute - Should be given their natural meaning - Save where the result will be absurd (H1) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

COURTS - Statutes - Interpretation of - Where words of a statute are clear and unambiguous - Court is to give such words - Their natural, literal and ordinary meaning (H1) Nigeria Ports Author. Plc. v. Lotus Plastics Ltd (2005) 12 KLR (pts. 204-207) 2927; (2005) 19 NWLR (Pt.959) 158

COURTS - Statutes - Technicalities - Conformity with the dictates of a statute is essential - Endorsement of 30 days return date - On writ for service outside jurisdiction - Is a directory statutory provision (H5) Broad Bank v. A. S. Olayiwola & Sons Ltd. (2005) 1 KLR (pt. 190) 257; (2005) 3 NWLR (Pt.912) 434

COURTS - Suo motu issue - Mortgage - Where Governor's consent - Was agreed to have been obtained by the parties - Court's raising of the issue was wrong (H3) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

COURTS - Technicalities - Enthronement of justice - Court should not rely

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

on technical slip - Unto a denial of justice (H4) Duke v. Akpabuyo Local Govt. (2005) 12 KLR (pts. 204-207) 2779; (2005) 19 NWLR (Pt.959) 130

COURTS - Technicalities - Issues - Where resort to technicalities would cause delay - In resolving the main issues in controversy - Court should move away from it (H2) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

COURTS - Title - Grant of - Traditional history - Where plaintiff's reliance thereon failed - Court cannot rely on acts of possession - To grant his claim for title (H1) Oyadare v. Keji (2005) 1 KLR (pt. 190) 373; (2005) 7 NWLR (Pt.925) 571

COURTS - Title - Identity of land - Where appellants failed to describe the areas they were granted in a plan - No court could make an order of declaration or injunction (H5) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

COURTS - Trial rules - Adjournments - Trial court's refusal of adjournment to defendant - And call for address - Without closure of plaintiff's case - Is a breach of the rules (H3) Alsthom S.A. v. Saraki (2005) 1 KLR (pt. 190) 217; (2005) 3 NWLR (Pt.911) 208

COURTS - Validity of judgment - Counter claim - Resignation of Governor - Trial Court's findings that there was no resignation - Remains valid - As there was no appeal against it (H8) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

COURTS - Waiver - Bill of exchange - Where plaintiff accepted bills drawn contrary to contract - It is deemed to have waived its right - As found by the 2 lower courts - But to an extent (H1) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

COURTS - Waiver - Pleadings - A party's duty is to plead relevant facts - And leave the court - To determine the consequences in law (H2) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

COURTS - Wrong decision - Appeals - Judgments - Overlooking underlying facts in dispute - Made Court of Appeal reach a wrong decision (H6) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

CREATION OF STATES - Assets sharing - Guideline on the sharing of assets and liabilities - Makes defendant liable to the plaintiff - In respect of the project in question (H2) A-G Plateau v. A-G Nasarawa (2005) 4 KLR (pt. 194) 799; (2005) 9 NWLR (Pt.930) 421

CREATION OF STATES - Land matters - State boundaries - Disputed communities - Where transferred long ago without protest - Before state creation - Status quo when the two states were created - Should be maintained (H2) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

CREATION OF STATES - Statutes - Properties and Chattels - Where a State is newly created - Benefit of properties and chattels lying within are transferred to it - Together with some liabilities (H4) A-G Abia State v. A-G Federation (2005) 6 KLR (pt. 199) 1667; (2005) 12 NWLR (Pt.940) 452

CRIMINAL LAW - Defences - Provocation - Avails the appellant - In the murder charge against him - As he acted in the heat of passion (H6) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

CRIMINAL LAW - Defences - Provocation - Elements of - It should be a natural and justifiable reaction - Not done in self revenge (H5) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

CRIMINAL LAW - Murder - Self defence - Where the plea is upheld - Accused will be absolved from criminal liability (H9) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

CRIMINAL LAW - Provocation - As a defence - Is available to offender - Where the act of the offender - Was done - When deprived of the power of self control (H2) Shande v. State (2005) 6 KLR (pt. 198) 1593; (2005) 12 NWLR (Pt.939) 301

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

CRIMINAL LAW - Self defence - Disengagement - Where appellant had no opportunity to withdraw - And was under danger of death - His use of cutlass unto death of deceased - Is in lawful self defence (H8) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

CRIMINAL PROCEDURE - Appeals - Retrial - Acquittal - Where respondent has not been tried - As his trial in absentia is a nullity - Retrial will be ordered not acquittal (H5) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005) 6 NWLR (Pt.922) 496

CRIMINAL PROCEDURE - Appeals - Retrial order - Where the trial of an accused is declared a nullity - Principles that guide the court - In ordering or refusing a retrial (H3) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005) 6 NWLR (Pt.922) 496

CRIMINAL PROCEDURE - Armed Robbery - Evidence - The totality of evidence - Confirm 1st appellant's guilt - As rightly found by the lower courts (H3) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

CRIMINAL PROCEDURE - Armed robbery - Proof - Gaps in the evidence of prosecution - Created a possibility of truth - In the accused persons' evidence (H4) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

CRIMINAL PROCEDURE - Arraignment - Plea - Object of s.215 CPL - Charge - When read to accused to the Judge's satisfaction - Then record of explanation is not necessary (H1) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

CRIMINAL PROCEDURE - Child's testimony - Where he understands questions put to him - And also understands nature of oath - Corroborative evidence is not needed (H7) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

CRIMINAL PROCEDURE - Confession - Definition - Conviction can be

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

based solely on one's confession - Where circumstances confirm its truth (H1) Ubierho v. State (2005) 2 KLR (pt. 191-193) 543; (2005) 5 NWLR (Pt.919) 644

CRIMINAL PROCEDURE - Confessional Statement - Is admissible - Where appellant admits making it - And where it establishes the guilt of the appellant (H1) Shande v. State (2005) 6 KLR (pt. 198) 1593; (2005) 12 NWLR (Pt.939) 301

CRIMINAL PROCEDURE - Confessional statement - Where retracted and denied - The court can still convict based on it (H2) Ubierho v. State (2005) 2 KLR (pt. 191-193) 543; (2005) 5 NWLR (Pt.919) 644

CRIMINAL PROCEDURE - Constitutional requirement - Criminal trial - Interpretation to accused - When it may be dispensed with (H2) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

CRIMINAL PROCEDURE - Contradictions - That do not affect the substance - Are not relevant (H7) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

CRIMINAL PROCEDURE - Conviction - Lies by an accused in parts of his evidence - Is not a legal ground for his conviction (H5) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

CRIMINAL PROCEDURE - Corroboration - Witnesses - Competence of a child - Where he understands questions put to him - And also understands nature of oath - Corroborative evidence is not needed (H7) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

CRIMINAL PROCEDURE - Defences - Murder - Self defence - Where the plea is upheld - Accused will be absolved from criminal liability (H9) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

CRIMINAL PROCEDURE - Evidence - Concurrent findings - Confessional Statement - Where made voluntarily by accused person - Is sufficient to

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

sustain conviction (H3) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

CRIMINAL PROCEDURE - Guilt - Circumstantial evidence - That is capable of two possible interpretations - Cannot establish the guilt of the accused (H6) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

CRIMINAL PROCEDURE - Interpretation - Statement to Police - Omission of interpretation of at time of tendering - Did not cause any failure of justice (H3) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

CRIMINAL PROCEDURE - Irregular procedure - Effect on the trial - Allegation that interpreter was denied - Need to show failure of justice (H1) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

CRIMINAL PROCEDURE - Murder - Cause of death - Burden of establishing that the act of appellant caused the death - Is discharged - Where common intention is proved (H3) Ubierho v. State (2005) 2 KLR (pt. 191-193) 543; (2005) 5 NWLR (Pt.919) 644

CRIMINAL PROCEDURE - Murder - Provocation - Defence raised by the evidence - Should be adequately considered by the court - Even if not raised by the accused (H4) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

CRIMINAL PROCEDURE - Proof beyond reasonable doubt - Trial court - Must consider favourable and unfavourable evidence - Before finding whether burden of proof is discharged (H2) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

CRIMINAL PROCEDURE - Provocation - Confessional statement - Verdict - Duty of court - Is to consider whether a reasonable person in such circumstances - Might be so rendered to loss of self control - Which will lead to use of violence - In order to give a correct verdict (H3) Shande v. State (2005) 6 KLR (pt. 198) 1593; (2005) 12 NWLR (Pt.939) 301

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

CRIMINAL PROCEDURE - Provocation - Elements of - It should be a natural and justifiable reaction - Not done in self revenge (H5) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

CRIMINAL PROCEDURE - Trial - Evidence - Proof - Where trial commences with the case of defence - It does not amount to shifting of burden of proof (H5) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

CRIMINAL PROCEDURE - Trials - Court Martial - Stealing - Trial of accused in absentia - And reliance on hearsay evidence - Is a sham (H4) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005) 6 NWLR (Pt.922) 496

CRIMINAL PROCEDURE - Verdict - Where separate persons are tried together - Separate verdicts must be returned - Error in doing this - May not amount to miscarriage of justice (H6) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

CRIMINAL PROCEEDINGS - Record of proceedings - Impeachment of - S. 36(7) of the 1999 Constitution - Supreme Court cannot find a violation of the section - Where the record is not formally impeached (H1) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

CROSS EXAMINATION - Facts extracted therefrom - That were not pleaded - Were rightly expunged by lower court - Unto interfering with trial court's finding (H7) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

CROSS EXAMINATION - Pleadings - Facts elicited in cross examination - Go to no issue - Where they are not pleaded (H1) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

CROSS EXAMINATION - Pleadings - Family land - Facts elicited in cross examination - Go to no issue - Where they are not pleaded (H1) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

CROSS EXAMINATION - Previous proceedings - Can never be accepted as evidence in a present case - But could be used for cross examination - And the ones tendered in this case are inadmissible (H10) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

CROSS EXAMINATION - Witnesses - Veracity - Admissions by PW2 under cross examination - Makes it impossible to regard him as truthful (H9) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

CROSS EXAMINATION - Witnesses - Where called to explain an issue - May be cross examined by the parties (H2) Azuokwu v. Nwokanma (2005) 5 KLR (pt. 196) 1181; (2005) 11 NWLR (Pt.937) 537

CULPABLE HOMICIDE - Appeals - Retrial - Is not appropriate - Where lower courts did not approach question raised - As they should have done (H4) Shande v. State (2005) 6 KLR (pt. 198) 1593; (2005) 12 NWLR (Pt.939) 301

CUSTOMARY LAW - Appeals - Grounds of Appeal - Where no issue of customary law is raised - There will be no right to appeal - From Customary Court of Appeal - To Court of Appeal (H4) Tiza v. Begha (2005) 5 KLR (pt. 197) 1461; (2005) 15 NWLR (Pt.949) 616

CUSTOMARY LAW - Bini custom - Title - Admission - The trial court properly evaluated the evidence - Of the parties root of title - In finding for the respondent (H1) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

CUSTOMARY LAW - Bini custom - Title - Priority of grant - Does not arise - As the documents of grant of title - Do not relate to same land (H3) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

CUSTOMARY LAW - Courts - Appeal - From Customary Court of Appeal - To Court of Appeal - Is limited to questions of customary law - Or as may be prescribed by an Act of National Assembly (H2) Tiza v. Begha (2005) 5 KLR (pt. 197) 1461; (2005) 15 NWLR (Pt.949) 616

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

CUSTOMARY LAW - Customary tenancy - Forfeiture - Challenge by defendants to plaintiffs' claim of title - Will not amount to a misconduct - Or lead to forfeiture - If plaintiffs do not succeed in proving title (H3) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

CUSTOMARY LAW - Native law and custom - In determining issues of custom - Books recognized by the natives - Are relevant (H5) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

CUSTOMARY LAW - Proof of a custom - By evidence under s. 14(1) EA - Can be by a single or more witnesses - Provided the evidence is qualitative (H2) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

CUSTOMARY LAW - Proof of a custom - Where not judicially noticed - Party asserting must prove the custom (H1) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

CUSTOMARY LAW - Title - Pleadings - Root of title and ownership - Is not established by mere plea of customary tenancy - But by showing inter alia when and how - The land was founded by their ancestor (H4) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

DAMAGES - Special damages - Proof - Kalla case - Purchase price of item - Where not controverted - The award is justified - Though receipt is not tendered (H11) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

DAMAGES - Accidental slip - Award of general damages - Inclusion of "loss of use" - Cannot be classified - As an accidental slip - And the error cannot be corrected - Save by cross appeal - Or respondents's notice (H2) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

DAMAGES - Admission - Pleadings - Default proceedings - Damages

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

being always regarded to be in issue in any action - Is deemed traversed - So that the presumption that facts are admitted in default proceedings - Does not include averments in respect of damages (H8) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

DAMAGES - Appeals - General damages - Alteration of the award by appellate court - Will not be granted - As the amount was not manifestly too high (H7) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

DAMAGES - Appeals - Libel - Ejabulor case - Provides the guiding principles - In assessment of damages for libel - But lower court was right in reversing the damages - Awarded in appellant's favour (H10) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

DAMAGES - Award of - Contracts - Amount of damages for breach of contract - Is the amount it will entail to put that person - In the position he would have been - If there had been no breach of contract (H2) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

DAMAGES - Award of - Interference by appellate court - May be necessary - Where the award - Is based on wrong principles - Or is either too small or extremely high (H8) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

DAMAGES - Banking - Dishonoured cheque - Damages - Is the loss flowing naturally from the breach - Incurred in direct consequence of the breach (H2) Gonzee Nig. Ltd v. N.E.R.D.C. (2005) 6 KLR (pt. 198) 1573; (2005) 13 NWLR (Pt.943) 634

DAMAGES - Banking - Special damages - Pleadings - Claim based on shortfall in tellers - Must be specifically pleaded - And strictly proved - By plaintiff calling evidence to prove each shortfall (H2) Daniel Holdings Ltd. v. U.B.A. Plc. (2005) 7 KLR (pts. 200 & 201) 2145; (2005) 13 NWLR (Pt.943) 533

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

DAMAGES - Claim for - Is deemed to be in issue - Unless specifically admitted by defendant - Defences such as mitigation - Should be pleaded - Save where facts pleaded by plaintiff raised the defence (H7) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

DAMAGES - Contracts - Damages for breach - Purpose of - Where there is no contract - Issue of damages and interest will not arise (H5) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

DAMAGES - Contracts - The terms `special' and `general' damages - Are not appropriate in an action for breach of contract - But where parties bind themselves knowingly under special circumstances - It would attract damages - Which parties agreed at the time of the contract (H3) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

DAMAGES - Distinction - Between special and general damages - Where plaintiff failed to prove special damages - Court cannot award general damages in lieu (H6) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

DAMAGES - Evidence - Award of damages by trial court - Interference by appellate court - Is not allowed - Where the award is based on credible evidence - And on right principles (H6) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

DAMAGES - Evidence - Judgment in default of pleadings - Where trial court did not receive any oral or affidavit evidence - In support of the claim - Before awarding the damages claimed - Such judgment will be set aside (H9) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

DAMAGES - Interest - Issue - Relevance of - Where main claim of damages fails - Issue of interest claimed on that amount - Becomes irrelevant (H4) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

DAMAGES - Master & servant - Termination of employment - As a master cannot be compelled - To retain a servant he no longer wants - The servant can by a proper claim - Recover terminal benefits or damages (H5) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

DAMAGES - Mitigation - Court's attitude to oppressive claim for damages - Is to refuse the claim (H5) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

DAMAGES - Mitigation - Landlord & tenant - Surrender of demised property - Refusal by landlord to take back possession - Justifies trial court's consideration - Of the issue of mitigation of damages (H4) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

DAMAGES - Mitigation - Plea of - Has no one invariable manner - The facts in dispute - May raise the issue (H3) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

DAMAGES - Mitigation - Tenants's covenant to repair - Where breached - Remedy available to landlord - Was by a suit for damages - Not refusal of possession - Thereby making issue of mitigation to arise (H2) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

DAMAGES - Pleadings - Special damages - Should be specifically pleaded - In a manner clear enough - To enable defendants know the origin (H3) Gonzee Nig. Ltd v. N.E.R.D.C. (2005) 6 KLR (pt. 198) 1573; (2005) 13 NWLR (Pt.943) 634

DAMAGES - Proof - Where plaintiff did not establish on the pleadings - That it sustained any loss - As a result of defendants' breach of contract - The award of damages - Is arbitrary (H5) Gonzee Nig. Ltd v. N.E.R.D.C. (2005) 6 KLR (pt. 198) 1573; (2005) 13 NWLR (Pt.943) 634

DAMAGES - Sale of movable property - Being subject matter of this claim - Has nothing to do with the place of location - Or registration of the factory premises (H1) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts.

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

204-207) 2843; (2005) 19 NWLR (Pt.959) 1

DAMAGES - Special and general damages - Same latitude of discretion - In awarding general damages - Does not avail the court - In the award of special damages - As special damages require strict proof (H5) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

DAMAGES - Special claim - Proof of - Where plaintiff fails to prove the special claim - The plaintiff will not be entitled to such damages (H4) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

DAMAGES - Special damages - Claim of - Must be specifically proved - Proof must be characterized by testimony - Which ties each item with evidence led (H4) Adecentro Ltd v Council of O.A.U. (2005) 5 KLR (pt. 196) 1085; (2005) 15 NWLR (Pt.948) 290

DAMAGES - Special damages - Judicial precedents - Statement of the law in Oshinjirin case - Is a general guide - But did not lower the required standard of proof (H4) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

DAMAGES - Special damages - Judicial precedents - Trial court misunderstood two precedents - It relied upon (H3) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

DEFAMATION - Appeals - Pleadings - Libel - Cross examination - Facts extracted therefrom - That were not pleaded - Were rightly expunged by lower court - Unto interfering with trial court's finding (H7) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

DEFAMATION - Libel - Defence of estoppel by conduct - Can be inferred in the respondent's favour - Given the circumstances (H5) Iloabachie v. Iloabachie (2005) 5 KLR (pt. 197) 1335; (2005) 13 NWLR (Pt.943) 695

DEFAMATION - Libel - Defence of privilege - Facts to consider - Include

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

interest of any of the persons - To whom the document was published (H1) Iloabachie v. Iloabachie (2005) 5 KLR (pt. 197) 1335; (2005) 13 NWLR (Pt.943) 695

DEFAMATION - Libel - Defence of privilege - That avails respondent in this case - Can only be destroyed by appellant proving malice (H4) Iloabachie v. Iloabachie (2005) 5 KLR (pt. 197) 1335; (2005) 13 NWLR (Pt.943) 695

DEFAMATION - Libel - Privileged publication - Pleadings - Solicitor's letter in this case being privileged - Trial court was wrong - In considering another fact - That was not pleaded (H6) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

DEFAMATION - Libel - Publication - Where there is defence of qualified privilege - What to consider is - Whether publication to the person pleaded - Constitutes actionable libel (H8) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

DEFAMATION - Libel - Reply - To defence of qualified privilege - Should show the malicious intention - Of the publisher of the statement (H3) Iloabachie v. Iloabachie (2005) 5 KLR (pt. 197) 1335; (2005) 13 NWLR (Pt.943) 695

DEFAMATION - Libel or slander - Relates to damage to character - Where facts arise which show plaintiff to be unreliable - He cannot complain (H2) Iloabachie v. Iloabachie (2005) 5 KLR (pt. 197) 1335; (2005) 13 NWLR (Pt.943) 695

DOCUMENTS - Admissibility - Appeals - Where court wrongly admits inadmissible evidence - And such evidence is acted upon - Appellate Court has the duty to exclude such evidence (H4) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

DOCUMENTS - Admissibility - Exhibited document - Not marked without prejudice - Is legally admissible (H6) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

DOCUMENTS - Admissibility - Relevance - Before any evidence or document - Can be considered admissible - It must be shown to be relevant in law (H11) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

DOCUMENTS - Admissibility - Where a document is declared inadmissible - By the law - It cannot be admitted in evidence at all (H4) Alao v. Akano (2005) 4 KLR (pt. 194) 817; (2005) 11 NWLR (Pt.935) 160

DOCUMENTS - Admissibility - Where a document is unsigned - And of dubious origin - Trial court erred in relying on it (H3) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

DOCUMENTS - Admissibility - Wrongfully admitted document - Not shown to have adversely affected appellant's case - Will not ground a reversal of the decision (H2) Durosaro v. Ayorinde (2005) 3 KLR (pt. 191-193) 735; (2005) 8 NWLR (Pt.927) 407

DOCUMENTS - Admission - Document tendered without objection - Was rightly admitted as an exhibit (H5) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

DOCUMENTS - Appeals - Fresh document on appeal - That could have been produced at the trial - And that seeks to enhance credibility of a witness - Will not be allowed (H4) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933) 356

DOCUMENTS - Authenticity of - Weight - Where a document is challenged as not authentic - The maker of the document should be called to support the document - Otherwise no weight should be attached to it (H5) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

DOCUMENTS - Construction of - Contract of service - Where plain and unambiguous - Court must confine itself to its provisions - In determining the rights and obligations of the parties (H2) Ibama v. Shell Petroleum (2005) 10 KLR (pts. 204-207) 2593; (2005) 17 NWLR (Pt.954) 364

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

DOCUMENTS - Contradiction - Agreement - Where in a written document - Oral evidence may not be allowed to contradict it (H1) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

DOCUMENTS - Contradiction - Terms of contract - Oral testimony is not admissible - To contradict the written document (H1) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

DOCUMENTS - Courts - Inquiry - Examination of documents - It is not the duty of court to make inquiry into the case outside court (H4) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

DOCUMENTS - Exhibits - Relevance - Estoppel per rem judicatam - Failure of - Will lead to court holding - That exhibits tendered in proof of the plea - Are irrelevant (H2) Long-John v. Blakk (2005) 10 KLR (pts. 204-207) 2651; (2005) 17 NWLR (Pt.953) 1

DOCUMENTS - Fair hearing - Where appellant failed to controvert - The content of a document - Court's reliance on it - Is not a denial of fair hearing (H4) LSDPC v. Adold Stamm Ltd. (2005) 1 KLR (pt. 189) 75; (2005) 2 NWLR (Pt.910) 603

DOCUMENTS - Forgery - Proof - Where document is alleged to be forged - Standard of proof required is beyond reasonable doubt (H3) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

DOCUMENTS - Implication - Loan indebtedness - Balance at a date - Plaintiff's reply to Bank's letter demanding the balance - Shows acceptance of indebtedness (H6) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

DOCUMENTS - Mortgages - Interpretation - Clear words of a document - Should be given their plain and common meaning - As held in Union Bank v. Ozigi (H1) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

DOCUMENTS - Notice to produce - Lower court's dismissal of defendant's application - For notice to produce a relevant document - Was erroneous (H4) Ademeso v. Okoro (2005) 6 KLR (pt. 198) 1485; (2005) 14 NWLR (Pt.945) 308

DOCUMENTS - Oral agreement - The Document (Exhibit P6) is no acceptance of the loan contract - And no oral agreement can be rightly inferred (H2) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

DOCUMENTS - Pleadings - Where facts are pleaded - Document need not be specifically pleaded (H7) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

DOCUMENTS - Purchase receipt - Special damages - Proof - Kalla case - Purchase price of item - Where not controverted - The award is justified - Though receipt is not tendered (H11) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

DOCUMENTS - Reliance on - Parties to an agreement - Tenants' contention that they have priority of interest - To buy government houses occupied by them - Is not tenable - As they are not parties to Exh. 2 sought to be relied upon (H5) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221; (2005) 15 NWLR (Pt.948) 266

DOCUMENTS - Reliance on - Title - Traditional history - Party that relies on it - May not rely on documents of title - But should prove ownership and source of his title (H7) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

DOCUMENTS - Secondary evidence - Production - Where a party fails to produce a document - The party that needs that document - Should adduce secondary evidence thereof - Or pursue committal of the defaulting party to prison (H6) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

DOCUMENTS - Signature - Cheques - Burden of proof - Is on the defendant - Where it could not escape liability for plaintiff's claim - Or

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

establish that it was the plaintiff who signed the cheques (H1) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

DOCUMENTS - Signature - Forgery of - Proof - Where plaintiff was not saying that a particular person - Forged his signature - He did not bear the burden - Of establishing the case - On a standard beyond reasonable doubt (H2) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

DOCUMENTS - Signature - Where denied by the maker - Four legal ways to resolve the issue - Was not employed by the trial court (H2) Amadi v. Orisakwe (2005) 1 KLR (pt. 190) 239; (2005) 7 NWLR (Pt.924) 385

DOCUMENTS - Value - Fairness of court in construing documents - Cannot make a worthless document efficacious in law (H4) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

ELECTION PETITIONS - Appeals - Objection - Grounds of appeal - Entering of an appearance - When an irregular procedure is adopted - With the acquiescence of a party - Such adoption cannot be a ground of appeal (H12) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Election materials - Certification of - Is to take place - At both office and polling station - Vide s. 67(3) of the Electoral Act (H2) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Election materials certification - Evidence - Witnesses - Where a witness is not a polling agent - He cannot legally testify - That there was no certification of the election materials (H7) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Evidence - Admissibility - Hearsay - Election petitions - Where trial court acted - On inadmissible hearsay evidence - The

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

appellate court will expunge it (H14) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Evidence - Cross appeal - Nullification of presidential election results in Ogun State - By trial Court of Appeal - Being based on inadmissible hearsay evidence - Was wrong (H15) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Invalidation - Oaths - Non Compliance with the provisions of the Act s. 135(1) - As the presidential election - Was conducted substantially - Within the provisions of the Electoral Act - It shall not be invalidated for failure of the electoral officers - To take oath of loyalty (H17) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Irregularities - Evidence - Bias - Where some Resident Electoral Commissioners were shown to be members of PDP - That alone does not prove bias - Party who asserts bias - Will have to go further by adducing evidence (H9) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Irregularity - Oath taking - By electoral officers - Lower court's finding that electoral officers' failure to take oath - Is cured by s. 4(1) of the Oaths Act - Is erroneous (H8) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Manipulation - Proof - Appeals - Notice of cross appeal - Was given within the three months limitation period - And the cross appeal succeeds - As the petitioners failed to prove manipulation - In Ogun State election results (H16) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Obiter dictum - Documents - Production of - Where a party fails to produce a document - The party that needs that document - Should adduce secondary evidence thereof - Or pursue committal of the defaulting party to prison (H6) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

ELECTION PETITIONS - Polling agents - Functions of - Office and polling booth - Definitions - In the light of s. 36(1) of the Electoral Act - A polling agent should not be interpreted to mean a party agent (H3) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Proof - Allegations made - Where some of them were not proved by the appellants - Burden of proof will not shift to the respondents (H5) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Proof - Pleadings - Averments - Where denied by the respondents - Burden of proving the facts - Will be placed on the appellants (H1) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Stare decisis - Jurisdiction - Qualification of Obasanjo to contest - Ojukwu's case is in all fours with this issue - And the holding in that case applies here - Ss. 239(1) & 233(3) 1999 Constitution - Is where the court derives jurisdiction - And not s. 6(6)(c) (H13) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTION PETITIONS - Violence - Undue influence - As criminal offence under s. 129 Electoral Act - Where the petitioners mean to prosecute the respondents - It has to be by criminal proceedings (H10) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ELECTIONS - Validity - Evidence - Proof - Validity of the 2003 presidential election - Where a party asserts noncompliance with the Electoral Act in his pleadings - He is required to prove such fact - By adducing credible evidence (H4) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

EQUITY - Orders - Injunction - Is an Equitable Remedy - And can only be granted - In support of rights known to law or equity (H7) A.I.C. Ltd

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

EQUITY - Title - Equitable doctrines of laches and quic quid plantatur - Where appellant continued building - In spite of warning - Quic quid plantatur - Operates against him (H11) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

EQUITY - Waiver - Defence of - Manner of pleading - Should show reliance on waiver (H2) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

ESTOPPEL - Banking - Negligence - In honouring Cheque - Where defendant was negligent - In honouring plaintiff's unauthorized cheque - It ought not rely on estoppel (H9) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

ESTOPPEL - Evidence - Previous Judgment - Where a party relies on previous judgment - As creating estoppel - He must show - That the parties, subject matter and issues are the same (H3) Long-John v. Blakk (2005) 10 KLR (pts. 204-207) 2651; (2005) 17 NWLR (Pt.953) 1

ESTOPPEL - Land law - Res judicata - Pleadings - Consistency - Confused evidence of an aged witness - Should not be the reason - For defendant to go contrary to his pleadings (H2) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

ESTOPPEL - Legislation - Validity - That an Act was passed by the National Assembly - Consisting of representatives from all the States - Cannot estop aggrieved States - From challenging its validity (H4) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

ESTOPPEL - Libel - Defence of estoppel by conduct - Can be inferred in the respondent's favour - Given the circumstances (H5) Iloabachie v. Iloabachie (2005) 5 KLR (pt. 197) 1335; (2005) 13 NWLR (Pt.943) 695

ESTOPPEL - Proof - Land law - Previous proceedings - Pleadings - Evidence of previous proceedings relied upon by appellant - Do not relate

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

to the land in dispute - And were not properly pleaded (H10) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

ESTOPPEL - Res judicata - Case that was not decided on the merits - But was struck out by court - Without delivering final judgment - Cannot ground res judicata (H2) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

ESTOPPEL - Res judicata - Failure of - Will lead to court holding - That exhibits tendered in proof of the plea - Are irrelevant (H2) Long-John v. Blakk (2005) 10 KLR (pts. 204-207) 2651; (2005) 17 NWLR (Pt.953) 1

ESTOPPEL - Res judicata - Final judgment - Is one which decides the rights of the parties - On the merits of the case (H1) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

ESTOPPEL - Res judicata - Sustenance of - Party pleading it must satisfy certain conditions - Failure to satisfy the conditions - Means failure of the plea in its entirety (H2) Okposin v. Assam (2005) 7 KLR (pts. 202 & 203) 2309; (2005) 14 NWLR (Pt.945) 495

ESTOPPEL - Res judicata - To succeed - Must follow certain conditions - And a party must not be allowed to re-litigate a matter - That has been settled - By a court of competent jurisdiction (H2) The Honda Place Ltd. v. Globe Motors (2005) 7 KLR (pts. 202 & 203) 2245; (2005) 14 NWLR (Pt.945) 273

ESTOPPEL - Res judicata - Where relied upon by defendant - Is made out - Where issues in previous suit are the same - With issues in the present suit (H3) Okposin v. Assam (2005) 7 KLR (pts. 202 & 203) 2309; (2005) 14 NWLR (Pt.945) 495

ESTOPPEL - Res judicata - Will succeed - Where the previous action and present action - Are between same parties, same claim, same subject matter - And pronouncement is made - By a court of competent jurisdiction (H1) Long-John v. Blakk (2005) 10 KLR (pts. 204-207) 2651; (2005) 17

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

NWLR (Pt.953) 1

EVIDENCE - Admissibility - Appeals - Where inadmissible evidence is admitted - Court should reject the evidence - And consider if there is any remaining legal evidence to sustain the claim (H6) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

EVIDENCE - Admissibility - Confessional Statement - Is admissible - Where appellant admits making it - And where it establishes the guilt of the appellant (H1) Shande v. State (2005) 6 KLR (pt. 198) 1593; (2005) 12 NWLR (Pt.939) 301

EVIDENCE - Admissibility - Documents - Terms of contract - Oral testimony is not admissible - To contradict the written document (H1) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

EVIDENCE - Admissibility - Documents - Where a document is declared inadmissible - By the law - It cannot be admitted in evidence at all (H4) Alao v. Akano (2005) 4 KLR (pt. 194) 817; (2005) 11 NWLR (Pt.935) 160

EVIDENCE - Admissibility - Exhibited document - Not marked without prejudice - Is legally admissible (H6) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

EVIDENCE - Admissibility - Hearsay - Election petitions - Where trial court acted - On inadmissible hearsay evidence - The appellate court will expunge it (H14) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

EVIDENCE - Admissibility - Objection - Where a party fails to object to the admission of an inadmissible evidence - He cannot be allowed to raise an objection - At the appeal stage - Unless the evidence - Was absolutely legally inadmissible (H5) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

EVIDENCE - Admissibility - Previous proceedings - Can never be accepted as evidence in a present case - But could be used for cross examination -

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

And the ones tendered in this case are inadmissible (H10) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

EVIDENCE - Admissibility - Relevance - Before any evidence or document - Can be considered admissible - It must be shown to be relevant in law (H11) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

EVIDENCE - Admission - Affidavits - Facts - Where they remain unchallenged - Court is bound to accept those facts as established - And they are deemed to have been admitted (H1) The Honda Place Ltd. v. Globe Motors (2005) 7 KLR (pts. 202 & 203) 2245; (2005) 14 NWLR (Pt.945) 273

EVIDENCE - Admission - Constitutional law - Federation account - Deductions from share of Anambra State - As evidence justifying the deductions was not controverted - It is presumed to have been admitted (H6) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

EVIDENCE - Admission - Document tendered without objection - Was rightly admitted as an exhibit (H5) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

EVIDENCE - Admission - Mortgage - Where Governor's consent - Was agreed to have been obtained by the parties - Court's raising of the issue was wrong (H3) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

EVIDENCE - Admission - Pleadings - Matters that are admitted - Are not in issue between the parties (H1) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

EVIDENCE - Admission - Pleadings - Damages - Claim for - Is deemed to be in issue - Unless specifically admitted by defendant - Defences such as mitigation - Should be pleaded - Save where facts pleaded by plaintiff raised the defence (H7) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

EVIDENCE - Admission - Pleadings - Reply to averment - Where plaintiff did not file a reply - To put defendants defence in doubt - It amounts to admission of facts - Pleaded by the defendant (H5) A-G Abia State v. A-G Federation (2005) 6 KLR (pt. 199) 1667; (2005) 12 NWLR (Pt.940) 452

EVIDENCE - Admission - Where a party makes a statement - Which amounts to prior acknowledgment by him - That one of the material facts relevant to the issue - Is not as he now claims - Such fact admitted requires no further evidential proof (H1) N.A.S. Ltd. v. U.B.A. Plc. (2005) 7 KLR (pts. 200 & 201) 2163; (2005) 14 NWLR (Pt.945) 421

EVIDENCE - Admission of liability - Courts - Justice - Administration of - Where a party is seen to be indulging - In a method that is antithetical to justice - Court should distance itself from it (H3) Duke v. Akpabuyo Local Govt. (2005) 12 KLR (pts. 204-207) 2779; (2005) 19 NWLR (Pt.959) 130

EVIDENCE - Admissions - Counter affidavit - Pleadings - Where plaintiffs evidence is called by way of counter affidavit - In response to pleadings - Defendant is under no obligation - To counter the averment (H3) Ademeso v. Okoro (2005) 6 KLR (pt. 198) 1485; (2005) 14 NWLR (Pt.945) 308

EVIDENCE - Admissions - In civil cases - Admissions are not conclusive - As the party can explain them (H5) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

EVIDENCE - Affidavits - Admission - What is not denied - Is presumed to be admitted (H3) Unibiz Ltd. v. Commercial Bank (C.L.) Ltd. (2005) 4 KLR (pt. 195) 1075; (2005) 14 NWLR (Pt.944) 47

EVIDENCE - Affidavits - Conflict that would warrant oral evidence - Did not arise in this case - As facts averred were not controverted (H2) LSDPC v. Adold Stamm Ltd. (2005) 1 KLR (pt. 189) 75; (2005) 2 NWLR (Pt.910) 603

EVIDENCE - Affidavits - Conflict therein - Is ascertained by looking at the issue in controversy (H1) LSDPC v. Adold Stamm Ltd. (2005) 1 KLR (pt. 189) 75; (2005) 2 NWLR (Pt.910) 603

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

EVIDENCE - Affidavits - Conflict therein - Needs to be resolved by evidence - Any judgment without that resolution - Is invalid (H4) Falola v. Union Bank of Nig. Plc (2005) 2 KLR (pt. 191-193) 451; (2005) 7 NWLR (Pt.924) 405

EVIDENCE - Affidavits - Conflicts therein - Where not material or are inadmissible - Calling oral evidence to resolve the conflict - Will be unnecessary (H2) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

EVIDENCE - Affidavits - Facts deposed therein - Where not challenged - The court may accept those facts - As true and correct (H1) A-G Plateau v. A-G Nasarawa (2005) 4 KLR (pt. 194) 799; (2005) 9 NWLR (Pt.930) 421

EVIDENCE - Affidavits - Hearing notice - Where deposition of non service - Was not controverted - The trial was rightly set aside (H2) Teno Engineering Ltd v. Adisa (2005) 3 KLR (pt. 191-193) 765; (2005) 10 NWLR (Pt.933) 346

EVIDENCE - Affidavits - Summary Judgments - Nature of supporting affidavit - Need not set out all the particulars - Nor verify the facts - Except by reference to statement of claim (H2) Thor Ltd v. First City Mer. Bank Ltd (2005) 6 KLR (pt. 199) 1807; (2005) 14 NWLR (Pt.946) 696

EVIDENCE - Affidavits - Supreme Court - Originating summons - Purpose - Counter affidavit - Originating summons is filed - Where there is no serious dispute as to the facts - Filing counter affidavit - As if to replace statement of defence - Is not necessary (H1) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

EVIDENCE - Affidavits - Where there is a conflict therein - It is to be resolved - By calling evidence (H1) Azuokwu v. Nwokanma (2005) 5 KLR (pt. 196) 1181; (2005) 11 NWLR (Pt.937) 537

EVIDENCE - Appeals - Admissibility - Concurrent findings - Not challenged by way of appeal to Supreme Court - Will stand (H8) Dabo v.

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

EVIDENCE - Appeals - Admissibility - Fresh issue of - Raised without leave - Is incompetent (H7) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

EVIDENCE - Appeals - Documents - Admissibility - Where court wrongly admits inadmissible evidence - And such evidence is acted upon - Appellate Court has the duty to exclude such evidence (H4) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

EVIDENCE - Appeals - Exhibits - Additionally sought to be tendered on appeal - That are not incontrovertible - Will not be permitted by the Supreme Court (H5) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933) 356

EVIDENCE - Appeals - Fresh document on appeal - That could have been produced at the trial - And that seeks to enhance credibility of a witness - Will not be allowed (H4) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933) 356

EVIDENCE - Appeals - Further evidence on appeal - On ground of further corroboration of a party's case - Will not be allowed (H3) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933) 356

EVIDENCE - Appeals - Jurisdiction - Contention that case be sent back to trial court - On an account of wrongful handling of an exhibit - Cannot advance a case that failed on ground of jurisdiction (H1) Aribisala v. Ogunyemi (2005) 2 KLR (pt. 191-193) 393; (2005) 6 NWLR (Pt.921) 212

EVIDENCE - Appeals - Leave to call additional evidence on appeal - Three principles to be considered - Include unavailability of the evidence at the trial time - As laid down in Asaboro v. Aruwaji (H1) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933) 356

EVIDENCE - Appeals - Liberty to call new evidence on appeal - Should not

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

be granted indiscriminately - So there can be an end to litigation (H2) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933) 356

EVIDENCE - Appeals - Reversal - Admission of inadmissible evidence - Can only ground a reversal - If the exclusion of that evidence - Makes it impossible for the judgment to stand (H3) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

EVIDENCE - Armed robbery - Proof - Gaps in the evidence of prosecution - Created a possibility of truth - In the accused persons' evidence (H4) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

EVIDENCE - Availability of - Averment in pleadings - Are deemed abandoned - Where party who seeks judgment in his favour - Does not produce credible evidence - In support of his pleadings (H6) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

EVIDENCE - Bias - Elections - Where some Resident Electoral Commissioners were shown to be members of PDP - That alone does not prove bias - Party who asserts bias - Will have to go further by adducing evidence (H9) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

EVIDENCE - Chieftaincy - Declaration - Where appellant failed to establish by credible evidence - Facts pleaded by him - His claims will be dismissed (H5) Alao v. Akano (2005) 4 KLR (pt. 194) 817; (2005) 11 NWLR (Pt.935) 160

EVIDENCE - Clarity - Where plaintiff's evidence - Demonstrates inexplicable ignorance of necessary facts - Court cannot find in his favour (H5) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

EVIDENCE - Companies - Incorporation - Proof of - Is by production of certificate of incorporation - Mere appendage of Ltd or Plc - Is not evidence of incorporation (H1) Magbagbeola v. Sanni (2005) 4 KLR (pt.

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

194) 835; (2005) 11 NWLR (Pt.936) 239

EVIDENCE - Conflict - Title - Traditional History - Where evidence of parties are conflicting - Reference should be made to facts in recent years - As established by evidence - And see which of the histories is more probable (H8) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

EVIDENCE - Conflict - Title - Where traditional evidence is in conflict - Court should not go by the credibility of witnesses - But should examine the acts of ownership (H1) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

EVIDENCE - Contradictions - Can only avail the opposite party - Where they are material - But there is no contradiction in the respondents' evidence (H4) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

EVIDENCE - Controverting of - Title - Claim of plaintiff - That he was not disturbed on the land - Until after the death of the vendor - Was not controverted (H4) Amadi v. Orisakwe (2005) 1 KLR (pt. 190) 239; (2005) 7 NWLR (Pt.924) 385

EVIDENCE - Courts - Inquiry - Examination of documents - It is not the duty of court to make inquiry into the case outside court (H4) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

EVIDENCE - Courts - Issues - Perverse findings - Trial court did not introduce extraneous issues - As to make its findings perverse (H3) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

EVIDENCE - Credibility - Award of damages by trial court - Interference by appellate court - Is not allowed - Where the award is based on credible evidence - And on right principles (H6) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

EVIDENCE - Criminal procedure - Concurrent findings - Confessional Statement - Where made voluntarily by accused person - Is sufficient to sustain conviction (H3) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

EVIDENCE - Criminal procedure - Confession - Definition - Conviction can be based solely on one's confession - Where circumstances confirm its truth (H1) Ubierho v. State (2005) 2 KLR (pt. 191-193) 543; (2005) 5 NWLR (Pt.919) 644

EVIDENCE - Criminal procedure - Confessional statement - Where retracted and denied - The court can still convict based on it (H2) Ubierho v. State (2005) 2 KLR (pt. 191-193) 543; (2005) 5 NWLR (Pt.919) 644

EVIDENCE - Criminal procedure - Contradictions - That do not affect the substance - Are not relevant (H7) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

EVIDENCE - Criminal procedure - Corroboration - Witnesses - Competence of a child - Where he understands questions put to him - And also understands nature of oath - Corroborative evidence is not needed (H7) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

EVIDENCE - Criminal procedure - Proof beyond reasonable doubt - Trial court - Must consider favourable and unfavourable evidence - Before finding whether burden of proof is discharged (H2) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

EVIDENCE - Cross examination - Witnesses - Where called to explain an issue - May be cross examined by the parties (H2) Azuokwu v. Nwokanma (2005) 5 KLR (pt. 196) 1181; (2005) 11 NWLR (Pt.937) 537

EVIDENCE - Customary law - Proof of a custom - By evidence under s. 14(1) EA - Can be by a single or more witnesses - Provided the evidence is qualitative (H2) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

EVIDENCE - Customary law - Proof of a custom - Where not judicially noticed - Party asserting must prove the custom (H1) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

EVIDENCE - Damages - Special claim - Proof of - Where plaintiff fails to prove the special claim - The plaintiff will not be entitled to such damages (H4) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

EVIDENCE - Default proceedings - Damages - Where trial court did not receive any oral or affidavit evidence - In support of the claim - Before awarding the damages claimed - Such judgment will be set aside (H9) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

EVIDENCE - Description - Title - Where appellants failed to describe the areas they were granted in a plan - No court could make an order of declaration or injunction (H5) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

EVIDENCE - Disagreement - Written agreement - Disagreement thereto - Is resolved vide the parties' written contract (H2) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

EVIDENCE - Document - Use by court - Should be only for the purpose it was tendered - Address of parties should be secured - If a different use is intended (H4) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

EVIDENCE - Documents - Admissibility - Where a document is unsigned - And of dubious origin - Trial court erred in relying on it (H3) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

EVIDENCE - Documents - Admissibility - Wrongfully admitted document - Not shown to have adversely affected appellant's case - Will not ground a reversal of the decision (H2) Durosaro v. Ayorinde (2005) 3 KLR (pt.

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

191-193) 735; (2005) 8 NWLR (Pt.927) 407

EVIDENCE - Documents - Authenticity of - Where a document is challenged as not authentic - The maker of the document should be called to support the document - Otherwise no weight should be attached to it (H5) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

EVIDENCE - Documents - Contradiction - Agreement - Where in a written document - Oral evidence may not be allowed to contradict it (H1) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

EVIDENCE - Documents - Conveyance - Signature - Where denied by the maker - Four legal ways to resolve the issue - Was not employed by the trial court (H2) Amadi v. Orisakwe (2005) 1 KLR (pt. 190) 239; (2005) 7 NWLR (Pt.924) 385

EVIDENCE - Documents - Courts - Fairness of court in construing documents - Cannot make a worthless document efficacious in law (H4) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

EVIDENCE - Documents - Fair hearing - Where appellant failed to controvert - The content of a document - Court's reliance on it - Is not a denial of fair hearing (H4) LSDPC v. Adold Stamm Ltd. (2005) 1 KLR (pt. 189) 75; (2005) 2 NWLR (Pt.910) 603

EVIDENCE - Documents - Forgery - Proof - Where document is alleged to be forged - Standard of proof required is beyond reasonable doubt (H3) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

EVIDENCE - Documents - Oral agreement - The Document (Exhibit P6) is no acceptance of the loan contract - And no oral agreement can be rightly inferred (H2) Omega Bank Plc. v. O.B.C. Ltd (2005) 1 KLR (pt. 189) 157; (2005) 8 NWLR (Pt.928) 547

EVIDENCE - Documents - Parties to an agreement - Tenants' contention

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

that they have priority of interest - To buy government houses occupied by them - Is not tenable - As they are not parties to Exh. 2 sought to be relied upon (H5) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221; (2005) 15 NWLR (Pt.948) 266

EVIDENCE - Election petitions - Pleadings - Averments - Where denied by the respondents - Burden of proving the facts - Will be placed on the appellants (H1) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

EVIDENCE - Estoppel - Previous Judgment - Where a party relies on previous judgment - As creating estoppel - He must show - That the parties, subject matter and issues are the same (H3) Long-John v. Blakk (2005) 10 KLR (pts. 204-207) 2651; (2005) 17 NWLR (Pt.953) 1

EVIDENCE - Evaluation - Appeals - Findings of fact - Title to land - Perverse findings - Where trial court failed to evaluate the evidence - Court of Appeal will do that (H4) Adebayo v. Shogo (2005) 2 KLR (pt. 191-193) 563; (2005) 7 NWLR (Pt.925) 467

EVIDENCE - Evaluation - Duty of court - In evaluating evidence - Is to examine and peruse carefully - Documents and oral evidence - Before it (H8) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

EVIDENCE - Evaluation - Judgments - Where trial Court did not properly evaluate evidence - Appellate court cannot set the judgment aside - Without evaluating the evidence (H3) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

EVIDENCE - Evaluation - Where evidence is unchallenged and uncontradicted - Trial Court has a duty to evaluate it - And be satisfied that it is sufficient to sustain the claim (H4) Gonzee Nig. Ltd v. N.E.R.D.C. (2005) 6 KLR (pt. 198) 1573; (2005) 13 NWLR (Pt.943) 634

EVIDENCE - Exhibits - Obligations binding on the parties - Are not discharged by exhibits X and Y - Which are irrelevant (H6) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

EVIDENCE - Findings - Reversal - Appeals - Where there are two versions of evidence - And the trial Court whose duty it is accepts plaintiff's version of evidence - Court below cannot reverse such findings of fact (H5) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

EVIDENCE - Guilt - Circumstantial evidence - That is capable of two possible interpretations - Cannot establish the guilt of the accused (H6) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

EVIDENCE - Hearsay - Elections - Cross appeal - Nullification of presidential election results in Ogun State - By trial Court of Appeal - Being based on inadmissible hearsay evidence - Was wrong (H15) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

EVIDENCE - Hearsay - Trial of accused in absentia - And reliance on hearsay evidence - Is a sham (H4) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005) 6 NWLR (Pt.922) 496

EVIDENCE - Implication - Documents - Loan indebtedness - Balance at a date - Plaintiff's reply to Bank's letter demanding the balance - Shows acceptance of indebtedness (H6) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

EVIDENCE - Judgments - Revenue allocation - Where there is uncontradicted evidence of an admission - That the plaintiff is entitled to a sum of money - Judgment will be entered in his favour - In respect of that sum (H4) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

EVIDENCE - Lack of - Federation account - Order of account - Plaintiff is not entitled to it - Where no evidence is placed before the court - To substantiate the allegation made (H5) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

EVIDENCE - Lack of - Title - Failure to present evidence by defendant -

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

Leaves plaintiff's claims unchallenged (H3) Durosaro v. Ayorinde (2005) 3 KLR (pt. 191-193) 735; (2005) 8 NWLR (Pt.927) 407

EVIDENCE - Land law - Boundary - Survey plan - Tendered by the respondent - Was sufficient evidence - Of the boundary and features on the land (H2) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

EVIDENCE - Land law - Estoppel - Previous proceedings - Pleadings - Evidence of previous proceedings relied upon by appellant - Do not relate to the land in dispute - And were not properly pleaded (H10) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

EVIDENCE - Land law - Res judicata - Pleadings - Consistency - Confused evidence of an aged witness - Should not be the reason - For defendant to go contrary to his pleadings (H2) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

EVIDENCE - Libel - Defence of estoppel by conduct - Can be inferred in the respondent's favour - Given the circumstances (H5) Iloabachie v. Iloabachie (2005) 5 KLR (pt. 197) 1335; (2005) 13 NWLR (Pt.943) 695

EVIDENCE - Libel - Defence of privilege - That avails respondent in this case - Can only be destroyed by appellant proving malice (H4) Iloabachie v. Iloabachie (2005) 5 KLR (pt. 197) 1335; (2005) 13 NWLR (Pt.943) 695

EVIDENCE - Lies - Conviction - Lies by an accused in parts of his evidence - Is not a legal ground for his conviction (H5) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

EVIDENCE - Murder - Defences - Provocation - Avails the appellant - In the murder charge against him - As he acted in the heat of passion (H6) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

EVIDENCE - Murder - Provocation - Defence raised by the evidence - Should be adequately considered by the court - Even if not raised by the accused (H4) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773;

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

(2005) 9 NWLR (Pt.930) 227

EVIDENCE - Murder - Provocation - Elements of - It should be a natural and justifiable reaction - Not done in self revenge (H5) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

EVIDENCE - Necessity of - Appearance of a party - In court to give evidence - Is not necessary - Where the claims are proved to the satisfaction of the court (H7) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

EVIDENCE - Negligence - Proof of - Where defendant did not call evidence - To show plaintiff's negligence - It will be difficult to hold that the defendant - Exercised due amount of care (H7) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

EVIDENCE - Notice to produce - Lower court's dismissal of defendant's application - For notice to produce a relevant document - Was erroneous (H4) Ademeso v. Okoro (2005) 6 KLR (pt. 198) 1485; (2005) 14 NWLR (Pt.945) 308

EVIDENCE - Oath - Where not administered on a witness before giving evidence - It amounts to mere irregularity (H2) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

EVIDENCE - Oral evidence - Title - Pleadings - Where the grant of title pleaded was abandoned - Evidence of oral grant not pleaded - Goes to no issue (H10) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

EVIDENCE - Pleadings - Averment - Must be proved by evidence - Except where they are admitted by the other party (H2) N.A.S. Ltd. v. U.B.A. Plc. (2005) 7 KLR (pts. 200 & 201) 2163; (2005) 14 NWLR (Pt.945) 421

EVIDENCE - Pleadings - Averment - Where evidence is at variance with averment - Then it goes to no issue - And should be disregarded (H1) Ugoji v. Onukogu (2005) 5 KLR (pt. 196) 1265; (2005) 16 NWLR (Pt.950) 97

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

EVIDENCE - Pleadings - Averment - Where plaintiff forwards a case in his pleadings - Any evidence at variance with the averment - Goes to no issue - And should be disregarded by court (H1) Ademeso v. Okoro (2005) 6 KLR (pt. 198) 1485; (2005) 14 NWLR (Pt.945) 308

EVIDENCE - Pleadings - Averments - Do not amount to evidence - Which Court can rely on (H5) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

EVIDENCE - Pleadings - Consistency - Confused evidence of an aged witness - Should not be the reason - For defendant to go contrary to his pleadings (H2) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

EVIDENCE - Pleadings - Facts not pleaded - evidence cannot be led on them - As parties are bound by their pleadings (H5) Sosanya v. Onadeko (2005) 2 KLR (pt. 191-193) 501; (2005) 8 NWLR (Pt.926) 185

EVIDENCE - Pleadings - Family land - Facts elicited in cross examination - Go to no issue - Where they are not pleaded (H1) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

EVIDENCE - Pleadings - Proof - Allegation that claim was not proved on preponderance of evidence - Is not substantiated (H5) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

EVIDENCE - Pleadings - Where facts are pleaded - Document need not be specifically pleaded (H7) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

EVIDENCE - Preponderance - Appeals - Civil case - Is won on preponderance of evidence - Where Court of Appeal is convinced - That appellants' case is deficient in substance - And not understandable - It cannot assist the appellant (H4) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

EVIDENCE - Previous proceedings - Or conviction - Should not be relied upon by court - In coming to a conclusion (H1) Durosaro v. Ayorinde (2005) 3 KLR (pt. 191-193) 735; (2005) 8 NWLR (Pt.927) 407

EVIDENCE - Proof - Signature - Cheques - Burden of proof - Is on the defendant - Where it could not escape liability for plaintiff's claim - Or establish that it was the plaintiff who signed the cheques (H1) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

EVIDENCE - Proof - Actions - Claims - Where plaintiff fails to establish a prima facie case - The claims cannot succeed (H3) Ugoji v. Onukogu (2005) 5 KLR (pt. 196) 1265; (2005) 16 NWLR (Pt.950) 97

EVIDENCE - Proof - Appointment of chief - Proof - Averment by appellant - That he was appointed by the Kingmakers - Was not proved (H3) Alao v. Akano (2005) 4 KLR (pt. 194) 817; (2005) 11 NWLR (Pt.935) 160

EVIDENCE - Proof - Armed robbery - The totality of evidence - Confirm 1st appellant's guilt - As rightly found by the lower courts (H3) Ogidi v. State (2005) 1 KLR (pt. 190) 297; (2005) 5 NWLR (Pt.918) 286

EVIDENCE - Proof - Banking - Tellers - Claim based on shortfall in tellers - Must be specifically pleaded - And strictly proved - By plaintiff calling evidence to prove each shortfall (H2) Daniel Holdings Ltd. v. U.B.A. Plc. (2005) 7 KLR (pts. 200 & 201) 2145; (2005) 13 NWLR (Pt.943) 533

EVIDENCE - Proof - Burden on plaintiff - Demands presentation of substantial evidence - That outweighs that of the defendant (H4) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

EVIDENCE - Proof - Civil cases - Requirement of proof - Where there is no evidence to put on one side of the imaginary scale - Minimum evidence on the other side - Satisfies the requirement of proof (H2) Adewuyi v. Odukwe (2005) 7 KLR (pts. 200 & 201) 2125; (2005) 14 NWLR (Pt.945) 473

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

EVIDENCE - Proof - Civil claims - Banking - Where burden of proof on plaintiff - To show he repaid the loan was not discharged - Findings of trial court - Was rightly tampered with (H6) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

EVIDENCE - Proof - Communal land - Proof of partition - Though appellant failed to discharge - The burden of proof on him - Respondents succeeded in showing that the land in dispute - Is communal property (H8) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

EVIDENCE - Proof - Criminal procedure - Where trial commences with the case of defence - It does not amount to shifting of burden of proof (H5) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

EVIDENCE - Proof - Damages - Where plaintiff did not establish on the pleadings - That it sustained any loss - As a result of defendants' breach of contract - The award of damages - Is arbitrary (H5) Gonzee Nig. Ltd v. N.E.R.D.C. (2005) 6 KLR (pt. 198) 1573; (2005) 13 NWLR (Pt.943) 634

EVIDENCE - Proof - Election petitions - Allegations made - Where some of them were not proved by the appellants - Burden of proof will not shift to the respondents (H5) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

EVIDENCE - Proof - Elections - Manipulation - Notice of cross appeal - Was given within the three months limitation period - And the cross appeal succeeds - As the petitioners failed to prove manipulation - In Ogun State election results (H16) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

EVIDENCE - Proof - Elections - Validity of the 2003 presidential election - Where a party asserts noncompliance with the Electoral Act in his pleadings - He is required to prove such fact - By adducing credible evidence (H4) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851;

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

(2005) 13 NWLR (Pt.941) 1

EVIDENCE - Proof - Facts - Burden of proof - Is on Plaintiff - And is based on the strength of his case - Not weakness of defendant's case (H6) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

EVIDENCE - Proof - Judgments - Only copy of the judgment - Can be relied upon - As the conclusive proof of the matters decided (H3) A-G Plateau v. A-G Nasarawa (2005) 4 KLR (pt. 194) 799; (2005) 9 NWLR (Pt.930) 421

EVIDENCE - Proof - Murder - Cause of death - Burden of establishing that the act of appellant caused the death - Is discharged - Where common intention is proved (H3) Ubierho v. State (2005) 2 KLR (pt. 191-193) 543; (2005) 5 NWLR (Pt.919) 644

EVIDENCE - Proof - Onus of proof lies on plaintiff - And he must succeed on the strength of his case - Not on weakness of the defence - Except defendant's case supports plaintiff's case (H1) Adewuyi v. Odukwe (2005) 7 KLR (pts. 200 & 201) 2125; (2005) 14 NWLR (Pt.945) 473

EVIDENCE - Proof - Pleadings - Burden of proof - May shift to defendant as case progresses - Where it becomes the duty of defendant to call evidence - In proof of some particular points - Which may arise in the case (H1) Ogbu v. Wokoma (2005) 7 KLR (pts. 202 & 203) 2503; (2005) 14 NWLR (Pt.944) 118

EVIDENCE - Proof - Special and general damages - Same latitude of discretion - In awarding general damages - Does not avail the court - In the award of special damages - As special damages require strict proof (H5) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

EVIDENCE - Proof - Special damages - Claim of - Must be specifically proved - Proof must be characterized by testimony - Which ties each item with evidence led (H4) Adecentro Ltd v Council of O.A.U. (2005) 5 KLR (pt. 196) 1085; (2005) 15 NWLR (Pt.948) 290

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

EVIDENCE - Proof - Special damages - Judicial precedents - Statement of the law in Oshinjirin case - Is a general guide - But did not lower the required standard of proof (H4) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

EVIDENCE - Proof - State boundaries - Jurisdiction - Where the Boundary Commission - Had not concluded its exercise of delineating boundaries - Plaintiff can invoke original jurisdiction - Of the Supreme Court - Provided other credible evidence is available (H1) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

EVIDENCE - Proof - Title - Burden of proof - In civil matters - Is always on the party who makes an assertion - And he must satisfy the court - That he is entitled to the declaration sought (H3) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

EVIDENCE - Proof - Title - Burden of proof - Is on the plaintiff who is claiming title - And it never shifts to the defendant throughout the trial (H3) Adewuyi v. Odukwe (2005) 7 KLR (pts. 200 & 201) 2125; (2005) 14 NWLR (Pt.945) 473

EVIDENCE - Proof - Title - Claim based on grant of Statutory Certificate of Occupancy - Is proved by tendering the Certificate (H7) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

EVIDENCE - Proof - Title - Origin of - Reliance on acts of ownership for several years - Without showing origin of one's title - May amount to proof of ownership (H1) Balogun v. Akanji (2005) 4 KLR (pt. 195) 953; (2005) 10 NWLR (Pt.933) 394

EVIDENCE - Proof - Title - Pleadings - Fact is to be pleaded not document - Where defendant failed to prove his root of title - Lower court rightly held - That plaintiffs proved their case (H4) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

EVIDENCE - Proof - Title - Root of title as pleaded - Where not proved - Plaintiff cannot rely on acts of possession to prove title (H2) Oyadare v.

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

Keji (2005) 1 KLR (pt. 190) 373; (2005) 7 NWLR (Pt.925) 571

EVIDENCE - Proof - Title - Traditional history - And acts of ownership - Are separate and parallel - One can rely on either of them -To prove his title (H2) Balogun v. Akanji (2005) 4 KLR (pt. 195) 953; (2005) 10 NWLR (Pt.933) 394

EVIDENCE - Proof - Title - Trespass - Where root of title is not established - Proof of possession - Can support a claim in trespass (H3) Balogun v. Akanji (2005) 4 KLR (pt. 195) 953; (2005) 10 NWLR (Pt.933) 394

EVIDENCE - Proof - Title - Where a party relies on a grant - Origin of the grant - Must not only be averred in pleadings - But also proved by evidence (H2) Ugoji v. Onukogu (2005) 5 KLR (pt. 196) 1265; (2005) 16 NWLR (Pt.950) 97

EVIDENCE - Proof - Title - Where Plaintiffs' claim to land - Is predicated on ownership - The onus is on them to prove and establish their ownership (H2) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

EVIDENCE - Proof - Title - Where root of title pleaded is not proved - Acts of possession cannot be relied upon (H9) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

EVIDENCE - Proof - Unchallenged evidence - Where a party gives evidence - And it is not challenged by the opposite party - Who has opportunity to do so - It is open to Court - To act on that evidence (H10) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

EVIDENCE - Proof - Written contract - Claim of right - Where terms are varied by parties conduct - Evidence of oral variation is admissible (H2) Adecentro Ltd v Council of O.A.U. (2005) 5 KLR (pt. 196) 1085; (2005) 15 NWLR (Pt.948) 290

EVIDENCE - Relevance - Exhibits - Estoppel per rem judicatam - Failure of - Will lead to court holding - That exhibits tendered in proof of the plea

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

- Are irrelevant (H2) Long-John v. Blakk (2005) 10 KLR (pts. 204-207) 2651; (2005) 17 NWLR (Pt.953) 1

EVIDENCE - Reliance on documents - Title - Traditional history - Party that relies on it - May not rely on documents of title - But should prove ownership and source of his title (H7) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

EVIDENCE - Requirements - Actions - Detinue - Unchallenged evidence - Claim in detinue - In order to succeed - Must meet certain requirements of law (H2) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

EVIDENCE - Secondary evidence - Documents - Production of - Where a party fails to produce a document - The party that needs that document - Should adduce secondary evidence thereof - Or pursue committal of the defaulting party to prison (H6) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

EVIDENCE - Signature - Forgery of - Proof - Where plaintiff was not saying that a particular person - Forged his signature - He did not bear the burden - Of establishing the case - On a standard beyond reasonable doubt (H2) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

EVIDENCE - Special damages - Proof - Kalla case - Purchase price of item - Where not controverted - The award is justified - Though receipt is not tendered (H11) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

EVIDENCE - Strength of - Where evidence is strong enough to support the conclusion reached by trial court - It would be out of place for court below - To tamper with such finding of fact (H2) Ogba v. Onwuzo (2005) 6 KLR (pt. 199) 1781; (2005) 14 NWLR (Pt.945) 331

EVIDENCE - Sufficiency - Where evidence is unchallenged - Judge is still expected to examine - Whether or not it was sufficient - To establish the claims made by the party - Who provided that evidence (H1) Martchem

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

EVIDENCE - Title - Admission - The trial court properly evaluated the evidence - Of the parties root of title - In finding for the respondent (H1) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

EVIDENCE - Title - Burden on plaintiff - Where parties' pleadings - Raise the issue of who the original owners of land are - Plaintiffs have a heavy burden to discharge - Based on the strength of their own case (H5) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

EVIDENCE - Title - Document tendered as Exhibit E - Was not the only basis - For finding in favour of respondent (H6) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

EVIDENCE - Title - Identity of land in dispute - Appellant's evidence - That showed a different location of the land - Strengthened respondent's case (H7) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

EVIDENCE - Title - Identity of the land in dispute - Is not in doubt - And it is established that Exhibit 2 - Was issued over that land (H4) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

EVIDENCE - Title - Pleadings - Root of title and other facts - That were not pleaded - Go to no issue (H3) Adebayo v. Shogo (2005) 2 KLR (pt. 191-193) 563; (2005) 7 NWLR (Pt.925) 467

EVIDENCE - Title - Pleadings - Sparsely worded pleadings - Led to no substantial evidence - In support of the claim (H2) Adebayo v. Shogo (2005) 2 KLR (pt. 191-193) 563; (2005) 7 NWLR (Pt.925) 467

EVIDENCE - Title - Proof - Possession - Defendants presented sufficient proof of ownership - And right to remain in possession - By showing acts of ownership (H6) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

EVIDENCE - Undefended list - Affidavit of service - O. 60 High Court Rules of Lagos State - Makes filing affidavit evidence of service mandatory (H1) Rivers State v. Specialist Konsult (2005) 2 KLR (pt. 191-193) 707; (2005) 7 NWLR (Pt.923) 145

EVIDENCE - Weight - Courts - Trial court should hear all the sides - And compare weight of evidence - To avoid judicial rashness (H5) Adebayo v. Shogo (2005) 2 KLR (pt. 191-193) 563; (2005) 7 NWLR (Pt.925) 467

EVIDENCE - Weight - Documents - Authenticity of - Where a document is challenged as not authentic - The maker of the document should be called to support the document - Otherwise no weight should be attached to it (H5) G. Chitex Ind. Ltd. v. Oceanic Bank Ltd (2005) 7 KLR (pts. 202 & 203) 2387; (2005) 14 NWLR (Pt.945) 392

EVIDENCE - Witnesses - Credibility - A witness that has an interest to serve - Cannot be relied upon (H4) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

EVIDENCE - Witnesses - Credibility - Title - Where traditional evidence is in conflict - Court should not go by the credibility of witnesses - But should examine the acts of ownership (H1) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

EVIDENCE - Witnesses - Election materials - Where a witness is not a polling agent - He cannot legally testify - That there was no certification of the election materials (H7) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

EVIDENCE - Witnesses - Veracity - Cross examination - Admissions by PW2 under cross examination - Makes it impossible to regard him as truthful (H9) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

FAIR HEARING - Appeals - Fresh issue of fair hearing - Raised before Supreme Court - May be considered (H1) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

FAIR HEARING - Breach of - Cannot be raised - Where appellant deliberately decided to opt out of trial - When he had adequate information about hearing date (H4) Okike v. L.P.D.C. (No.2) (2005) 7 KLR (pts. 202 & 203) 2525

FAIR HEARING - Courts - Procedure adopted by court in closing trial - Is a breach of defendant's right to fair hearing (H5) Alsthom S.A. v. Saraki (2005) 1 KLR (pt. 190) 217; (2005) 3 NWLR (Pt.911) 208

FAIR HEARING - Denial of - Is fatal to the court's judgment - As it renders the proceedings null and void (H5) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

FAIR HEARING - Documents - Where appellant failed to controvert - The content of a document - Court's reliance on it - Is not a denial of fair hearing (H4) LSDPC v. Adold Stamm Ltd. (2005) 1 KLR (pt. 189) 75; (2005) 2 NWLR (Pt.910) 603

FAIR HEARING - Judicial precedents - Garba case - University Senate - Thesis consideration - Fair hearing is not breached - As in Garba case - Because student was absent - When his thesis was considered (H6) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

FAIR HEARING - Justification - Default judgment - Is justifiable - Where a party employed delay tactics holding Court to ransom - And the judgment does not amount to denial of fair hearing (H2) Magna Maritime Ltd v. Oteju (2005) 5 KLR (pt. 197) 1405; (2005) 14 NWLR (Pt.945) 517

FAIR HEARING - Parties - Hearing Notice - Should be issued afresh by the court - To a party his counsel withdraws (H3) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

FAIR HEARING - Principle of - Connotes inter alia a party's entitlement - To counsel of his choice (H2) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

FAIR HEARING - Reliance on - In appeals - Should not be as if it is a magic wand - It is facts that determine whether fair hearing is denied (H4) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

FAIR HEARING - Representation by counsel - Where plaintiff's counsel withdraws - Court should put plaintiff on notice (H4) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

FAIR HEARING - Service of process - Hearing notice - Should be served on defendant personally - Or on his solicitor (H1) Teno Engineering Ltd v. Adisa (2005) 3 KLR (pt. 191-193) 765; (2005) 10 NWLR (Pt.933) 346

FAMILY LAW - Interest - Chieftaincy matters - Locus standi - To sue - May be established through family interest - Or clearly averred personal interest (H2) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

FAMILY LAW - Land matters - Sale of family land - Where one sells family land - As his own property - The purported sale is void (H7) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

FORGERY - Documents - Proof - Where document is alleged to be forged - Standard of proof required is beyond reasonable doubt (H3) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

FORGERY - Forged cheque - Negligence - By Bank in paying cheque with forged signature - Bank's liability is not absolute - Save reasonable care is not exercised - In processing the cheque (H8) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

FORGERY - Signature - Proof - Where plaintiff was not saying that a particular person - Forged his signature - He did not bear the burden - Of establishing the case - On a standard beyond reasonable doubt (H2) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

INJUNCTIONS - Courts - Orders - Injunction - Is an Equitable Remedy

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

- And can only be granted - In support of rights known to law or equity (H7) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

INJUNCTIONS - Grant of - Courts - Orders - Injunction - When not prayed by a party - Can be granted as a consequential order (H2) Okoye v. Briggs (2005) 4 KLR (pt. 195) 999

INJUNCTIONS - Interim injunction - Duration - Where order of dismissal - Is set aside on appeal - Restoration of interim injunction is not implied (H4) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

INJUNCTIONS - Mareva injunction - Is granted - Against defendant - Or persons in possession of defendants assets - From disposing them - Pending determination of the case (H5) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

INJUNCTIONS - Mareva injunction - Is granted - Against defendant - Or persons in possession of defendants assets - From disposing them - Pending determination of the case (H5) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

INJUNCTIONS - Title - Identity of land - Where appellants failed to describe the areas they were granted in a plan - No court could make an order of declaration or injunction (H5) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

INJUNCTIONS - Trespass - Person in possession - Can succeed in trespass against non true owner - And obtain an injunction - Though he be not the owner (H3) Oyadare v. Keji (2005) 1 KLR (pt. 190) 373; (2005) 7 NWLR (Pt.925) 571

INTERLOCUTORY APPLICATIONS - Actions - Motion to dismiss suit - For non disclosure of reasonable cause - Was determined rightly - Without reference to a proposed amended Statement of Claim (H1) Cookey v. Fombo (2005) 5 KLR (pt. 196) 1203; (2005) 15 NWLR (Pt.947) 182

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INTERNATIONAL LAW - Boundaries - Maritime boundary of two states - Where prior determination of the international boundary - By the ICJ is relevant - Supreme Court will not yet determine the boundary (H3) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

INTERNATIONAL LAW - Conflict of laws - Duty of counsel - Allegation that the 2004 Revenue Act - Is in conflict with some international conventions - Was to be specifically shown by plaintiffs' counsel (H8) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

JUDGMENTS - Accidental slip - Award of general damages - Inclusion of "loss of use" - Cannot be classified - As an accidental slip - And the error cannot be corrected - Save by cross appeal - Or respondents's notice (H2) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

JUDGMENTS - Accidental slip - Court becomes functus officio - Once judgment is delivered - But it can be interfered with - So as to correct an accidental slip (H1) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

JUDGMENTS - Affidavits - Conflict therein - Needs to be resolved by evidence - Any judgment without that resolution - Is invalid (H4) Falola v. Union Bank of Nig. Plc (2005) 2 KLR (pt. 191-193) 451; (2005) 7 NWLR (Pt.924) 405

JUDGMENTS - Appeals - Decisions - Courts of coordinate jurisdiction - Should not overturn each other's decision (H2) Ekpuk v. Okon (2005) 6 KLR (pt. 198) 1557; (2005) 14 NWLR (Pt.944) 26

JUDGMENTS - Appeals - Interest on judgment debt - Directive by Supreme Court to trial court - To ascertain additional interest - Cannot be queried before the trial court (H5) LSDPC v. Adold Stamm Ltd. (2005) 1 KLR (pt. 189) 75; (2005) 2 NWLR (Pt.910) 603

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

JUDGMENTS - Appeals - Judgment of trial court - Cannot be set aside - For not beginning - With an introduction of the parties (H11) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

JUDGMENTS - Appeals - Obiter dictum - Not everything a Judge says - Constitutes a subject for appeal - Especially when it does not go - To the root of the decision (H5) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

JUDGMENTS - Appeals - Reversal - Admission of inadmissible evidence - Can only ground a reversal - If the exclusion of that evidence - Makes it impossible for the judgment to stand (H3) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

JUDGMENTS - Appeals - Reversal - Issues - Lower court's failure to specifically pronounce - On the issue of estoppel and standing by - Did not occasion a miscarriage of justice - To warrant a reversal (H9) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

JUDGMENTS - Appeals - Technicalities - Enthronement of justice - Court should not rely on technical slip - Unto a denial of justice (H4) Duke v. Akpabuyo Local Govt. (2005) 12 KLR (pts. 204-207) 2779; (2005) 19 NWLR (Pt.959) 130

JUDGMENTS - Claims - Distinct and independent claims - Trial court's judgment on the first claim - Is final as it fully dealt with the issue (H3) Falola v. Union Bank of Nig. Plc (2005) 2 KLR (pt. 191-193) 451; (2005) 7 NWLR (Pt.924) 405

JUDGMENTS - Constituent parts - Of good judgment - In case of a trial court - Includes questions to be decided - Essential facts of the case of each party - Evidence led - Resolution of the issues - Conclusion - And verdict made by Court (H3) Ogba v. Onwuzo (2005) 6 KLR (pt. 199) 1781; (2005) 14 NWLR (Pt.945) 331

JUDGMENTS - Courts - Book cited by counsel - Trial court is free - To make use of pages not cited - In coming to a proper decision (H6) Usiobaifo

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

JUDGMENTS - Decision - Final decision - Is one which puts an end to the action - By deciding whether plaintiff is entitled to reliefs claimed - And there will be nothing left - For further action by trial court (H2) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

JUDGMENTS - Declaratory claims - Discretion of court - What a plaintiff must do - In order to succeed - Includes establishing a right (H2) Alao v. Akano (2005) 4 KLR (pt. 194) 817; (2005) 11 NWLR (Pt.935) 160

JUDGMENTS - Default proceedings - Evidence - Where trial court did not receive any oral or affidavit evidence - In support of the claim - Before awarding the damages claimed - Such judgment will be set aside (H9) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

JUDGMENTS - Definition of judgment - Connotes a binding determination - By a court or tribunal - Means a decision - As defined in s. 318 (1) 1999 Constitution (H1) Falola v. Union Bank of Nig. Plc (2005) 2 KLR (pt. 191-193) 451; (2005) 7 NWLR (Pt.924) 405

JUDGMENTS - Error - Appeals - Miscarriage of justice - Definition - Miscarriage should be declared unto a reversal - Where a result more favourable to appellant - Would have been reached - In the absence of the error (H8) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

JUDGMENTS - Estoppel - Res judicata - Final judgment - Is one which decides the rights of the parties - On the merits of the case (H1) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

JUDGMENTS - Evidence - Evaluation - Where trial Court did not properly evaluate evidence - Appellate court cannot set the judgment aside - Without evaluating the evidence (H3) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

JUDGMENTS - Evidence - Trial court should hear all the sides - And compare weight of evidence - To avoid judicial rashness (H5) Adebayo v. Shogo (2005) 2 KLR (pt. 191-193) 563; (2005) 7 NWLR (Pt.925) 467

JUDGMENTS - Failure of case - Legal practitioners - Where a party's case fails - For negligence of Counsel - It does not amount to - Visitation of Counsel's sin on the client (H3) Magna Maritime Ltd v. Oteju (2005) 5 KLR (pt. 197) 1405; (2005) 14 NWLR (Pt.945) 517

JUDGMENTS - Fair hearing - Default judgment - Is justifiable - Where a party employed delay tactics holding Court to ransom - And the judgment does not amount to denial of fair hearing (H2) Magna Maritime Ltd v. Oteju (2005) 5 KLR (pt. 197) 1405; (2005) 14 NWLR (Pt.945) 517

JUDGMENTS - Fair hearing - Denial of - Is fatal to the court's judgment - As it renders the proceedings null and void (H5) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

JUDGMENTS - Final or interlocutory - Depends on whether that judgment completely disposed of the parties' rights - Requiring no further reference to that court (H2) Falola v. Union Bank of Nig. Plc (2005) 2 KLR (pt. 191-193) 451; (2005) 7 NWLR (Pt.924) 405

JUDGMENTS - Finality - Judicial decision - Is said to be final - Where it leaves nothing to be judicially determined - That is, the matter will not be brought back to the court - For further adjudication (H2) Union Bank Plc v. Boney Marc. Ltd. (2005) 7 KLR (pts. 200 & 201) 2113; (2005) 13 NWLR (Pt.943) 654

JUDGMENTS - Finality of - Absence of counsel - Where judgment of trial court is final - Appeal is an appropriate remedy (H4) Magna Maritime Ltd v. Oteju (2005) 5 KLR (pt. 197) 1405; (2005) 14 NWLR (Pt.945) 517

JUDGMENTS - Finality of - Actions - Termination on merit - Circumstances on how case ended - Are what denotes finality of its termination - Not mere use of the words dismissal or striking out (H3) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929)

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

117

JUDGMENTS - Finality of - Judgment given in default of pleadings - Being a final decision - Puts an end to the action between present parties - Though appellant's case still subsists - Against 2nd-5th defendants (H3) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

JUDGMENTS - Format of - There is no prescribed statutory format - Things a judgment should state - Include reliefs claimed and reactions of the judge (H10) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

JUDGMENTS - Legislative judgment - Where the 2004 Revenue Act - Did not usurp the court's function in any way - It is not a legislative judgment (H11) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

JUDGMENTS - Manner of writing - Ratio decidendi - Is the binding part of a decision - Obiter dicta - Is not necessary for the decision (H3) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

JUDGMENTS - Mistake in Judgment - Appeal will not be allowed in all cases - Except there is miscarriage of justice (H4) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937) 460

JUDGMENTS - Orders - Finality of - An order is final - Where it finally disposes the right of parties - But if it does not - Then it is an interlocutory order (H1) Union Bank Plc v. Boney Marc. Ltd. (2005) 7 KLR (pts. 200 & 201) 2113; (2005) 13 NWLR (Pt.943) 654

JUDGMENTS - Orders of Court - Remain binding until set aside - By due process of law - Even where the order is irregular or void (H1) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

JUDGMENTS - Proof - Only copy of the judgment - Can be relied upon

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

- As the conclusive proof of the matters decided (H3) A-G Plateau v. A-G Nasarawa (2005) 4 KLR (pt. 194) 799; (2005) 9 NWLR (Pt.930) 421

JUDGMENTS - Quantum meruit - Appeals - Leave - Fresh issues - Allegation that lower court - Decided fresh issues raised without leave - Is unfounded and academic - As Court of Appeal's decision - Was not based on those issues (H6) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

JUDGMENTS - Res judicata - Case that was not decided on the merits - But was struck out by court - Without delivering final judgment - Cannot ground res judicata (H2) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

JUDGMENTS - Res judicata - Decision - Is final - Where it finally disposes of the rights of the parties - So that consent judgment - Pursuant to parties' terms of settlement - Is a final decision (H3) The Honda Place Ltd. v. Globe Motors (2005) 7 KLR (pts. 202 & 203) 2245; (2005) 14 NWLR (Pt.945) 273

JUDGMENTS - Revenue allocation - Evidence - Where there is uncontradicted evidence of an admission - That the plaintiff is entitled to a sum of money - Judgment will be entered in his favour - In respect of that sum (H4) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

JUDGMENTS - Reversal - Appeals - Error - Will not always warrant a reversal - Save miscarriage of justice was occasioned (H7) Larmie v. Data Processing Maint. & Serv. Ltd (2005) 12 KLR (pts. 204-207) 2803; (2005) 18 NWLR (Pt.958) 438

JUDGMENTS - Right decision - Appeals - Courts - Decision of - Where right - But based on wrong reasons - Will not be set aside - By appellate court (H8) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

JUDGMENTS - Standard - Appeals - Where judgment satisfied the required standard - And contains the needed elements - An appellate court

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

- Cannot interfere with such judgment (H4) Ogba v. Onwuzo (2005) 6 KLR (pt. 199) 1781; (2005) 14 NWLR (Pt.945) 331

JUDGMENTS - Statute of general application - Judgment debt - Interest thereon - Where Lagos High Court Rules was not yet applicable - Plaintiff should be awarded interest - Under s. 17 of the English Judgments Act of 1838 (H5) Daniel Holdings Ltd. v. U.B.A. Plc. (2005) 7 KLR (pts. 200 & 201) 2145; (2005) 13 NWLR (Pt.943) 533

JUDGMENTS - Summary Judgments - Purpose of - Enables a party obtain judgment - Without need for full trial - Where the other party has no defence (H1) Thor Ltd v. First City Mer. Bank Ltd (2005) 6 KLR (pt. 199) 1807; (2005) 14 NWLR (Pt.946) 696

JUDGMENTS - Suo motu issue - Where raised by appeal court - Need to hear the parties - Before a decision is made (H4) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

JUDGMENTS - Title - Where the title of both parties are defective - The court can find trespass in favour of a plaintiff - Who proves possession (H4) Oyadare v. Keji (2005) 1 KLR (pt. 190) 373; (2005) 7 NWLR (Pt.925) 571

JUDGMENTS - Validity - Appeals - Title - Communal ownership - Appellant's contention against lower court's comment - Goes to no issue - In view of the gravamen of its decision (H7) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

JUDGMENTS - Validity of - Counter claim - Resignation of Governor - Trial Court's findings that there was no resignation - Remains valid - As there was no appeal against it (H8) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

JUDGMENTS - Wrong decision - Appeals - Courts - Overlooking underlying facts in dispute - Made Court of Appeal reach a wrong decision (H6) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

JUDICIAL PRECEDENTS - Banking - Mortgages - Interpretation - Clear

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

words of a document - Should be given their plain and common meaning - As held in Union Bank v. Ozigi (H1) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

JUDICIAL PRECEDENTS - Banking - Mortgages - Union Bank v. Ozigi - That grants Bank liberty to change the interest rate - Is applicable in this case (H2) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

JUDICIAL PRECEDENTS - Damages - Proof of special damages - Statement of the law in Oshinjirin case - Is a general guide - But did not lower the required standard of proof (H4) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

JUDICIAL PRECEDENTS - Elections - Stare decisis - Jurisdiction - Qualification of Obasanjo to contest - Ojukwu's case is in all fours with this issue - And the holding in that case applies here - Ss. 239(1) & 233(3) 1999 Constitution - Is where the court derives jurisdiction - And not s. 6(6)(c) (H13) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

JUDICIAL PRECEDENTS - Garba case - University Senate - Thesis consideration - Fair hearing is not breached - As in Garba case - Because student was absent - When his thesis was considered (H6) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

JUDICIAL PRECEDENTS - Libel - Ejabulor case - Provides the guiding principles - In assessment of damages for libel - But lower court was right in reversing the damages - Awarded in appellant's favour (H10) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

JUDICIAL PRECEDENTS - Misunderstanding of - Special damages - Trial court misunderstood two precedents - It relied upon (H3) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

JUDICIAL PRECEDENTS - Title - Teniola's case - Statutory Certificate of Occupancy - Facts that may justify setting it aside - Cannot be defence to trespass - Where the grant had not been set aside (H5) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

JURISDICTION - Actions - Preaction notice - Noncompliance with - Puts court's jurisdiction on hold - Pending compliance with the precondition (H3) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

JURISDICTION - Actions - Commencement - Oil fields matter - Existing law when the cause of action arose - Did not invalidate State High Court's jurisdiction (H2) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

JURISDICTION - Actions - Mining - Jurisdiction in matters pertaining to mines and minerals - Belongs to Federal High Court - Not State High Court (H2) C.G.G. Ltd. v. Ogu (2005) 2 KLR (pt. 191-193) 435; (2005) 8 NWLR (Pt.927) 366

JURISDICTION - Actions - Propriety of - Legal personality of parties - Some non legal entities can be sued in their names (H1) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

JURISDICTION - Appeals - Application - Where in the nature of mandatory prayer - And not for enforcement of orders - It is properly initiated - Without filing contempt proceedings (H2) Unibiz Ltd. v. Commercial Bank (C.L.) Ltd. (2005) 4 KLR (pt. 195) 1075; (2005) 14 NWLR (Pt.944) 47

JURISDICTION - Appeals - Evidence - Contention that case be sent back to trial court - On an account of wrongful handling of an exhibit - Cannot advance a case that failed on ground of jurisdiction (H1) Aribisala v. Ogunyemi (2005) 2 KLR (pt. 191-193) 393; (2005) 6 NWLR (Pt.921) 212

JURISDICTION - Appeals - Issue of jurisdiction - Should be handled by appellate courts - That are empowered - To determine the real question in controversy (H4) C.G.G. Ltd. v. Ogu (2005) 2 KLR (pt. 191-193) 435;

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

(2005) 8 NWLR (Pt.927) 366

JURISDICTION - Appeals - Issues - Raised by appellants - Are only valid as they relate to the question of jurisdiction - Being the only thing considered by trial court (H2) Aribisala v. Ogunyemi (2005) 2 KLR (pt. 191-193) 393; (2005) 6 NWLR (Pt.921) 212

JURISDICTION - Appeals - Locus standi - Resolving other issues will be unnecessary - If Supreme Court finds there is no locus (H1) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

JURISDICTION - Appeals - Remittance by Court of Appeal to trial court - To determine issue of jurisdiction - Is wrong (H3) C.G.G. Ltd. v. Ogu (2005) 2 KLR (pt. 191-193) 435; (2005) 8 NWLR (Pt.927) 366

JURISDICTION - Appeals - Requirements - Where appeals do not comply with statutory requirements - Appellate court - Will lack jurisdiction (H1) Tiza v. Begha (2005) 5 KLR (pt. 197) 1461; (2005) 15 NWLR (Pt.949) 616

JURISDICTION - Appellate jurisdiction - Conferred by the Constitution - Can only be properly activated - Through valid grounds of appeal (H3) Ikweki v. Ebele (2005) 2 KLR (pt. 191-193) 639; (2005) 11 NWLR (Pt.936) 397

JURISDICTION - Arbitrator - Appointment of - Both State and Federal High Courts have jurisdiction (H4) Magbagbeola v. Sanni (2005) 4 KLR (pt. 194) 835; (2005) 11 NWLR (Pt.936) 239

JURISDICTION - Chieftaincy matters - Court's jurisdiction - Remedies or procedure prescribed by Statute - Must be exhausted - Before court action can become proper (H3) Aribisala v. Ogunyemi (2005) 2 KLR (pt. 191-193) 393; (2005) 6 NWLR (Pt.921) 212

JURISDICTION - Conferment of - Is not by the Rules of Court - But the statute creating the court (H2) Onuorah v. Kaduna Refining Co. Ltd. (2005) 2 KLR (pt. 191-193) 693; (2005) 6 NWLR (Pt.921) 393

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

JURISDICTION - Courts - Appeal - From Customary Court of Appeal - To Court of Appeal - Is limited to questions of customary law - Or as may be prescribed by an Act of National Assembly (H2) Tiza v. Begha (2005) 5 KLR (pt. 197) 1461; (2005) 15 NWLR (Pt.949) 616

JURISDICTION - Courts - Competence of - Where Challenged - Court shall deal with that issue - At earliest stage (H3) Tiza v. Begha (2005) 5 KLR (pt. 197) 1461; (2005) 15 NWLR (Pt.949) 616

JURISDICTION - Courts - Determination of Jurisdiction - Is by reference to plaintiff's writ of summons - And statement of claim (H1) Onuorah v. Kaduna Refining Co. Ltd. (2005) 2 KLR (pt. 191-193) 693; (2005) 6 NWLR (Pt.921) 393

JURISDICTION - Courts - Mining matters - Federal High Court now has exclusive jurisdiction - In mines and minerals matters (H1) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

JURISDICTION - Courts - Preaction notice - Non-service of - Is an irregularity that can be waived - But where not waived - Court cannot exercise its jurisdiction (H4) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

JURISDICTION - Denial of - Competence of court - Where statute ousts the jurisdiction of court - Court should examine all the circumstances of the case - With a view of discovering whether it fits into the orbit of the intendment of the statute (H3) Jombo v. P.E.F. (MGT. Board) (2005) 7 KLR (pts. 202 & 203) 2441; (2005) 14 NWLR (Pt.945) 443

JURISDICTION - Denial of - Where a law has the feature of being punitive - Court should launch out into its jurisprudential knowledge - To ensure that its jurisdiction is not taken away (H2) Jombo v. P.E.F. (MGT. Board) (2005) 7 KLR (pts. 202 & 203) 2441; (2005) 14 NWLR (Pt.945) 443

JURISDICTION - Federal High Court - Where action against a Federal agency - Is for breach of contract - State not Federal High Court - Has the jurisdiction (H3) Onuorah v. Kaduna Refining Co. Ltd. (2005) 2 KLR (pt. 191-193) 693; (2005) 6 NWLR (Pt.921) 393

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

JURISDICTION - Issue of - Where determined by the Supreme Court - Proper order is to strike out the matter - Tried without jurisdiction (H5) C.G.G. Ltd. v. Ogu (2005) 2 KLR (pt. 191-193) 435; (2005) 8 NWLR (Pt.927) 366

JURISDICTION - Lack of - University Senate - Powers of - As the Supreme Academic Authority - It has the duty to judge thesis placed before it - And courts lack jurisdiction - To dabble into administrative affairs of a University (H5) Magit v. Uniagric Makurdi (2005) 12 KLR (pts. 204-207) 2885; (2005) 19 NWLR (Pt.959) 211

JURISDICTION - Legal Practitioners - Conduct of - Supreme Court has always had jurisdiction - In their disciplinary matters - And s. 233(1) 1999 Constitution - Did not terminate that jurisdiction (H4) Okike v. LPDC (2005) 4 KLR (pt. 194) 849; (2005) 15 NWLR (Pt.949) 471

JURISDICTION - Legal Practitioners Disciplinary Committee - Has jurisdiction - To try matters - Where appellant is charged - For infamous conduct - Pertaining to the legal profession (H5) Okike v. L.P.D.C. (No.2) (2005) 7 KLR (pts. 202 & 203) 2525

JURISDICTION - Locus standi - Absence of - Goes to terminate court's jurisdiction - Unto striking out the claim (H4) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

JURISDICTION - Objection - To court's jurisdiction - Can be taken at any time - Based on several situations - Including motion supported with facts (H5) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

JURISDICTION - Ousting of - Competence of court to adjudicate on a matter - Where jurisdiction of court is being thrown away - Court should not readily lend its hand to forces - That seek to take away its jurisdiction (H4) Jombo v. P.E.F. (MGT. Board) (2005) 7 KLR (pts. 202 & 203) 2441; (2005) 14 NWLR (Pt.945) 443

JURISDICTION - Presidential election - Stare decisis - Qualification of

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

Obasanjo to contest - Ojukwu's case is in all fours with this issue - And the holding in that case applies here - Ss. 239(1) & 233(3) 1999 Constitution - Is where the court derives jurisdiction - And not s. 6(6)(c) (H13) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

JURISDICTION - State boundaries - Proof - Jurisdiction - Where the Boundary Commission - Had not concluded its exercise of delineating boundaries - Plaintiff can invoke original jurisdiction - Of the Supreme Court - Provided other credible evidence is available (H1) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

JURISDICTION - Supreme Court - Appeal against excessive cost - Awarded by trial court - The issue will be struck out - As it was not raised before Court of Appeal (H8) Shell Petroleum Ltd v. Tiebo VII (2005) 4 KLR (pt. 194) 921; (2005) 9 NWLR (Pt.931) 439

JURISDICTION - Supreme Court - Jurisdiction to hear appeal from the LPDC - Is established under s. 316 (1) of the 1999 Constitution (H3) Okike v. LPDC (2005) 4 KLR (pt. 194) 849; (2005) 15 NWLR (Pt.949) 471

JURISDICTION - Supreme Court - Legal Practitioners Act s. 12(7) - Is constitutional - National Assembly can establish the LPDC - And give appellate jurisdiction to the Supreme Court (H1) Okike v. LPDC (2005) 4 KLR (pt. 194) 849; (2005) 15 NWLR (Pt.949) 471

JURISPRUDENCE - Jurisdiction - Interpretation of Statutes - Where a law has the feature of being punitive - Court should launch out into its jurisprudential knowledge - To ensure that its jurisdiction is not taken away (H2) Jombo v. P.E.F. (MGT. Board) (2005) 7 KLR (pts. 202 & 203) 2441; (2005) 14 NWLR (Pt.945) 443

JUSTICE - Administration of - Where a party is seen to be indulging - In a method that is antithetical to justice - Court should distance itself from it (H3) Duke v. Akpabuyo Local Govt. (2005) 12 KLR (pts. 204-207) 2779; (2005) 19 NWLR (Pt.959) 130

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

JUSTICE - Failure - Issues before the court - Lack of understanding of the case by the court - May lead to total failure of justice (H4) Iderima v. Rivers State Civil Ser. Comm. (2005) 7 KLR (pts. 202 & 203) 2273; (2005) 16 NWLR (Pt.951) 378

JUSTICE - Failure of - Criminal procedure - Interpretation - Statement to Police - Omission of interpretation of at time of tendering - Did not cause any failure of justice (H3) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

JUSTICE - Failure of - Criminal procedure - Irregular procedure - Effect on the trial - Allegation that interpreter was denied - Need to show failure of justice (H1) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

JUSTICE - Input by counsel - Issues - Raised suo motu by the court - Without input by counsel - Caused miscarriage of justice - In this case (H5) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

JUSTICE - Technicalities - Enthronement of justice - Court should not rely on technical slip - Unto a denial of justice (H4) Duke v. Akpabuyo Local Govt. (2005) 12 KLR (pts. 204-207) 2779; (2005) 19 NWLR (Pt.959) 130

JUSTICE - Travesty of - Courts - Issues - Where raised Suo motu - Without attention of counsel - It amounts to travesty of justice - In the circumstances of this case (H1) Okere v. Amadi (2005) 5 KLR (pt. 196) 1251; (2005) 14 NWLR (Pt.945) 545

LAND LAW - Land Use Act - Statutory Certificate of Occupancy - Issued to the respondent by the Government - Was validly issued under the statute (H1) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

LAND LAW - Acquisition by government - Notice of - Plaintiffs that fail to prove their title - Are not the rightful persons to be served - And they have no locus standi - To seek nullification of the acquisition (H12) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

(Pt.945) 348

LAND LAW - Appeals - Findings of fact - Title to land - Perverse findings - Where trial court failed to evaluate the evidence - Court of Appeal will do that (H4) Adebayo v. Shogo (2005) 2 KLR (pt. 191-193) 563; (2005) 7 NWLR (Pt.925) 467

LAND LAW - Appeals - Leases - Renewal of - Court of Appeal's decision was right - As it does not lie with appellant - To query plaintiff's lease (H4) Okoye v. Briggs (2005) 4 KLR (pt. 195) 999

LAND LAW - Appeals - Title - Communal ownership - Appellant's contention against lower court's comment - Goes to no issue - In view of the gravamen of its decision (H7) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

LAND LAW - Appeals - Title - Interference - Concurrent findings in respondent's favour - Will not be interfered with (H9) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

LAND LAW - Boundaries - Legislation - Seaward boundaries of littoral States - Are not extended by Allocation of Revenue Act 2004 - And there is no conflict - Between the 2004 Act and sections of the Constitution (H7) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

LAND LAW - Boundaries - Maritime boundary of two states - Where prior determination of the international boundary - By the ICJ is relevant - Supreme Court will not yet determine the boundary (H3) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

LAND LAW - Boundary - Of Littoral States - Allegation of conflict between an Act and the Constitution - As if the 2004 Act extended boundaries of littoral States - Does not arise - As the extension is merely deemed and notional (H6) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

LAND LAW - Boundary - Survey plan - Tendered by the respondent - Was sufficient evidence - Of the boundary and features on the land (H2) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

LAND LAW - Communal land - Proof of partition - Though appellant failed to discharge - The burden of proof on him - Respondents succeeded in showing that the land in dispute - Is communal property (H8) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

LAND LAW - Conveyance - Signature - Where denied by the maker - Four legal ways to resolve the issue - Was not employed by the trial court (H2) Amadi v. Orisakwe (2005) 1 KLR (pt. 190) 239; (2005) 7 NWLR (Pt.924) 385

LAND LAW - Customary tenancy - Forfeiture - Challenge by defendants to plaintiffs' claim of title - Will not amount to a misconduct - Or lead to forfeiture - If plaintiffs do not succeed in proving title (H3) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

LAND LAW - Equity - Laches and quic quid plantatur - Where appellant continued building - In spite of warning - Quic quid plantatur - Operates against him (H11) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

LAND LAW - Estoppel - Previous proceedings - Pleadings - Evidence of previous proceedings relied upon by appellant - Do not relate to the land in dispute - And were not properly pleaded (H10) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

LAND LAW - Evidence - Identity of land in dispute - Where parties are ad idem as to identity of the land - The fact that defendant gave it another name - Cannot change the identity (H2) Ogbu v. Wokoma (2005) 7 KLR (pts. 202 & 203) 2503; (2005) 14 NWLR (Pt.944) 118

LAND LAW - Family land - Sale - Where one sells family land - As his own property - The purported sale is void (H7) Usiobaifo v. Usiobaifo (2005)

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

LAND LAW - Identity of Land - Evidence - Courts - Where appellants failed to describe the areas they were granted in a plan - No court could make an order of declaration or injunction (H5) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

LAND LAW - Limitation of action - Acquisition by State Government - Time began to run - When Government violated terms of the acquisition - So that this action is not statute barred (H2) Okafor v. A-G Anambra State (2005) 6 KLR (pt. 199) 1795; (2005) 14 NWLR (Pt.945) 210

LAND LAW - Limitation of action - Present action - Was filed within the twelve years statutory limitation period (H10) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

LAND LAW - Pleadings - Family land - Facts elicited in cross examination - Go to no issue - Where they are not pleaded (H1) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

LAND LAW - Possession - Land Use Act - Holder of land before the Act, s. 36 (12) - With or without grant of customary right of occupancy - Where the land is used for agricultural purpose - Is entitled to continued possession of such land (H8) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

LAND LAW - Possession - Proof - Defendants presented sufficient proof of ownership - And right to remain in possession - By showing acts of ownership (H6) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

LAND LAW - Possession - Title - Eviction - Unless plaintiff shows a better title - He cannot evict the defendant (H4) Ugoji v. Onukogu (2005) 5 KLR (pt. 196) 1265; (2005) 16 NWLR (Pt.950) 97

LAND LAW - Possession - Where properly found to exist - Claim for trespass will succeed - Though claim of title fails (H5) Balogun v. Akanji (2005) 4 KLR (pt. 195) 953; (2005) 10 NWLR (Pt.933) 394

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

LAND LAW - Proof - Onus of proof lies on plaintiff - And he must succeed on the strength of his case - Not on weakness of the defence - Except defendant's case supports plaintiff's case (H1) Adewuyi v. Odukwe (2005) 7 KLR (pts. 200 & 201) 2125; (2005) 14 NWLR (Pt.945) 473

LAND LAW - Res judicata - Pleadings - Consistency - Confused evidence of an aged witness - Should not be the reason - For defendant to go contrary to his pleadings (H2) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

LAND LAW - Sale - Purchase agreement - Being wrongfully rejected by the courts below - Their concurrent decision - Is set aside (H5) Amadi v. Orisakwe (2005) 1 KLR (pt. 190) 239; (2005) 7 NWLR (Pt.924) 385

LAND LAW - State boundaries - Disputed communities - Where transferred long ago without protest - Before state creation - Status quo when the two states were created - Should be maintained (H2) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

LAND LAW - State boundaries - Proof - Jurisdiction - Where the Boundary Commission - Had not concluded its exercise of delineating boundaries - Plaintiff can invoke original jurisdiction - Of the Supreme Court - Provided other credible evidence is available (H1) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

LAND LAW - Title - Admission - The trial court properly evaluated the evidence - Of the parties root of title - In finding for the respondent (H1) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

LAND LAW - Title - Claim of plaintiff - That he was not disturbed on the land - Until after the death of the vendor - Was not controverted (H4) Amadi v. Orisakwe (2005) 1 KLR (pt. 190) 239; (2005) 7 NWLR (Pt.924) 385

LAND LAW - Title - Concurrent findings - That appellants are not owners

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

- Respondents being in possession - Cannot be ejected save by one with better title (H4) Balogun v. Akanji (2005) 4 KLR (pt. 195) 953; (2005) 10 NWLR (Pt.933) 394

LAND LAW - Title - Document tendered as Exhibit E - Was not the only basis - For finding in favour of respondent (H6) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

LAND LAW - Title - Evidence - Failure to present evidence by defendant - Leaves plaintiff's claims unchallenged (H3) Durosaro v. Ayorinde (2005) 3 KLR (pt. 191-193) 735; (2005) 8 NWLR (Pt.927) 407

LAND LAW - Title - Evidence - Sparsely worded pleadings - Led to no substantial evidence - In support of the claim (H2) Adebayo v. Shogo (2005) 2 KLR (pt. 191-193) 563; (2005) 7 NWLR (Pt.925) 467

LAND LAW - Title - Evidence - Traditional ownership - Where traditional evidence is in conflict - Court should not go by the credibility of witnesses - But should examine the acts of ownership (H1) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

LAND LAW - Title - Identity of land in dispute - Appellant's evidence - That showed a different location of the land - Strengthened respondent's case (H7) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

LAND LAW - Title - Identity of the land in dispute - Being clear from the parties' survey plan - Is not in doubt (H3) Amadi v. Orisakwe (2005) 1 KLR (pt. 190) 239; (2005) 7 NWLR (Pt.924) 385

LAND LAW - Title - Identity of the land in dispute - Is not in doubt - And it is established that Exhibit 2 - Was issued over that land (H4) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

LAND LAW - Title - Judicial precedents - Statutory Certificate of Occupancy - Facts that may justify setting it aside - Cannot be defence to trespass - Where the grant had not been set aside (H5) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

LAND LAW - Title - Origin of - Reliance on acts of ownership for several years - Without showing origin of one's title - May amount to proof of ownership (H1) Balogun v. Akanji (2005) 4 KLR (pt. 195) 953; (2005) 10 NWLR (Pt.933) 394

LAND LAW - Title - Pleadings - Fact is to be pleaded not document - Where defendant failed to prove his root of title - Lower court rightly held - That plaintiffs proved their case (H4) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

LAND LAW - Title - Pleadings - Root of title and other facts - That were not pleaded - Go to no issue (H3) Adebayo v. Shogo (2005) 2 KLR (pt. 191-193) 563; (2005) 7 NWLR (Pt.925) 467

LAND LAW - Title - Pleadings - Root of title and ownership - Is not established by mere plea of customary tenancy - But by showing inter alia when and how - The land was founded by their ancestor (H4) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

LAND LAW - Title - Pleadings - Root of title of plaintiff's predecessors - Should be pleaded adequately - Even in a claim for part ownership (H1) Adebayo v. Shogo (2005) 2 KLR (pt. 191-193) 563; (2005) 7 NWLR (Pt.925) 467

LAND LAW - Title - Pleadings - Where the grant of title pleaded was abandoned - Evidence of oral grant not pleaded - Goes to no issue (H10) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

LAND LAW - Title - Possession - Claim of - Where two competing parties claim the possession of land in dispute - Law ascribes possession to the one with better title (H3) Ogbu v. Wokoma (2005) 7 KLR (pts. 202 & 203) 2503; (2005) 14 NWLR (Pt.944) 118

LAND LAW - Title - Prima facie case - Pleadings - Where parties' pleadings - Raise the issue of who the original owners of land are - Plaintiffs

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

have a heavy burden to discharge - Based on the strength of their own case (H5) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

LAND LAW - Title - Proof - Burden of proof - In civil matters - Is always on the party who makes an assertion - And he must satisfy the court - That he is entitled to the declaration sought (H3) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

LAND LAW - Title - Proof - Burden of proof - Is on the plaintiff who is claiming title - And it never shifts to the defendant throughout the trial (H3) Adewuyi v. Odukwe (2005) 7 KLR (pts. 200 & 201) 2125; (2005) 14 NWLR (Pt.945) 473

LAND LAW - Title - Proof - Claim based on grant of Statutory Certificate of Occupancy - Is proved by tendering the Certificate (H7) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

LAND LAW - Title - Proof - Possession - Defendants presented sufficient proof of ownership - And right to remain in possession - By showing acts of ownership (H6) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

LAND LAW - Title - Proof - Where a party relies on a grant - Origin of the grant - Must not only be averred in pleadings - But also proved by evidence (H2) Ugoji v. Onukogu (2005) 5 KLR (pt. 196) 1265; (2005) 16 NWLR (Pt.950) 97

LAND LAW - Title - Proof - Where root of title pleaded is not proved - Acts of possession cannot be relied upon (H9) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

LAND LAW - Title - Proof of - Where Plaintiffs' claim to land - Is predicated on ownership - The onus is on them to prove and establish their ownership (H2) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

LAND LAW - Title - Root of title as pleaded - Where not proved - Plaintiff

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

cannot rely on acts of possession to prove title (H2) Oyadare v. Keji (2005) 1 KLR (pt. 190) 373; (2005) 7 NWLR (Pt.925) 571

LAND LAW - Title - Traditional history - And acts of ownership - Are separate and parallel - One can rely on either of them -To prove his title (H2) Balogun v. Akanji (2005) 4 KLR (pt. 195) 953; (2005) 10 NWLR (Pt.933) 394

LAND LAW - Title - Traditional history - Party that relies on it - May not rely on documents of title - But should prove ownership and source of his title (H7) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

LAND LAW - Title - Traditional History - Where evidence of parties are conflicting - Reference should be made to facts in recent years - As established by evidence - And see which of the histories is more probable (H8) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

LAND LAW - Title - Traditional history - Where plaintiff's reliance thereon failed - Court cannot rely on acts of possession - To grant his claim for title (H1) Oyadare v. Keji (2005) 1 KLR (pt. 190) 373; (2005) 7 NWLR (Pt.925) 571

LAND LAW - Title - Trespass - Family land - Cannot be validly conveyed as personal property - Appellant that proved no title - Is a trespasser ab initio (H6) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

LAND LAW - Title - Trespass - Where root of title is not established - Proof of possession - Can support a claim in trespass (H3) Balogun v. Akanji (2005) 4 KLR (pt. 195) 953; (2005) 10 NWLR (Pt.933) 394

LAND LAW - Title - Trespass - Where the title of both parties are defective - The court can find trespass in favour of a plaintiff - Who proves possession (H4) Oyadare v. Keji (2005) 1 KLR (pt. 190) 373; (2005) 7 NWLR (Pt.925) 571

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

LAND LAW - Trespass - Injunction - Person in possession - Can succeed in trespass against non true owner - And obtain an injunction - Though he be not the owner (H3) Oyadare v. Keji (2005) 1 KLR (pt. 190) 373; (2005) 7 NWLR (Pt.925) 571

LAND LAW -Title - Priority of grant - Does not arise - As the documents of grant of title - Do not relate to same land (H3) Owie v. Ighiwi (2005) 1 KLR (pt. 190) 337; (2005) 5 NWLR (Pt.917) 184

LAND USE ACT - Counter claim - Grant of Right of Occupancy - Appellant's failure to file counter claim to set it aside - Defeats his defence (H6) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

LAND USE ACT - Possession - Holder of land before the Act, s. 36 (12) - With or without grant of customary right of occupancy - Where the land is used for agricultural purpose - Is entitled to continued possession of such land (H8) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

LAND USE ACT - Statutory Certificate of Occupancy - Issued to the respondent by the Government - Was validly issued under the statute (H1) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

LAND USE ACT - Statutory Certificate of Occupancy - Recommendation to the Governor - To withdraw an already issued Certificate - Is not binding on the Governor (H3) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

LAND USE ACT - Title - Judicial precedents - Statutory Certificate of Occupancy - Facts that may justify setting it aside - Cannot be defence to trespass - Where the grant had not been set aside (H5) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

LAND USE ACT - Title - Proof - Claim based on grant of Statutory Certificate of Occupancy - Is proved by tendering the Certificate (H7) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

(Pt.923) 181

LANDLORD & TENANT - Customary tenancy - Forfeiture - Challenge by defendants to plaintiffs' claim of title - Will not amount to a misconduct - Or lead to forfeiture - If plaintiffs do not succeed in proving title (H3) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

LANDLORD & TENANT - Documents - Parties to an agreement - Tenants' contention that they have priority of interest - To buy government houses occupied by them - Is not tenable - As they are not parties to Exh. 2 sought to be relied upon (H5) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221; (2005) 15 NWLR (Pt.948) 266

LANDLORD & TENANT - Mitigation - Surrender of demised property - Refusal by landlord to take back possession - Justifies trial court's consideration - Of the issue of mitigation of damages (H4) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

LANDLORD & TENANT - Mitigation - Tenants's covenant to repair - Where breached - Remedy available to landlord - Was by a suit for damages - Not refusal of possession - Thereby making issue of mitigation to arise (H2) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

LANDLORD & TENANT - Sublease - Increase in rent - Use of the phrase "subject to" - Has the effect of making increase in rent - Subject to the approval of the Federal Government - Where appellant obtains such approval - Then increase in rent is properly done (H3) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221; (2005) 15 NWLR (Pt.948) 266

LANDLORD & TENANT - Tenant at sufferance - Where not ejected or sued - Is entitled to full protection of the law (H3) Okoye v. Briggs (2005) 4 KLR (pt. 195) 999

LEASES - Documents - Parties to an agreement - Tenants' contention that they have priority of interest - To buy government houses occupied by them - Is not tenable - As they are not parties to Exh. 2 sought to be relied upon (H5) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221;

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

(2005) 15 NWLR (Pt.948) 266

LEASES - Renewal of - Court of Appeal's decision was right - As it does not lie with appellant - To query plaintiff's lease (H4) Okoye v. Briggs (2005) 4 KLR (pt. 195) 999

LEASES - Subleases - Increase in rent - Use of the phrase "subject to" - Has the effect of making increase in rent - Subject to the approval of the Federal Government - Where appellant obtains such approval - Then increase in rent is properly done (H3) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221; (2005) 15 NWLR (Pt.948) 266

LEASES - Words - "Subject to" used in a sublease - Has same effect as when used in a Statute - As a phrase which introduces a condition or limitation (H2) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221; (2005) 15 NWLR (Pt.948) 266

LEGAL DRAFTING - Contracts - Liability - Limitation clause - That ridiculously limits amount of liability - Is as good as a clause exempting from liability (H3) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

LEGAL DRAFTING - Exemption clause - Effect of - Fundamental breach - Where a party is guilty of fundamental breach - Exemption clause cannot be relied upon - To escape liability (H2) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

LEGAL DRAFTING - Leases - "Subject to" used in a sublease - Has same effect as when used in a Statute - As a phrase which introduces a condition or limitation (H2) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221; (2005) 15 NWLR (Pt.948) 266

LEGAL DRAFTING - Mortgages - Interpretation - Clear words of a document - Should be given their plain and common meaning - As held in Union Bank v. Ozigi (H1) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

LEGAL PRACTITIONERS - Actions - Master & servant - Duty of Counsel

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

- Is to exercise caution in not pursuing matters that have no merit - Which even the parties seem not to support - Thereby wasting time of the courts (H4) Ibama v. Shell Petroleum (2005) 10 KLR (pts. 204-207) 2593; (2005) 17 NWLR (Pt.954) 364

LEGAL PRACTITIONERS - Appeals - Input by counsel - Issues - Raised suo motu by the court - Without input by counsel - Caused miscarriage of justice - In this case (H5) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

LEGAL PRACTITIONERS - Complaint against - How pursued under the law - Misconduct - Will lead to disbarment - Which is designed to protect the public - And be a punishment to the legal practitioner (H1) Okike v. L.P.D.C. (No.2) (2005) 7 KLR (pts. 202 & 203) 2525

LEGAL PRACTITIONERS - Conduct of - Supreme Court has always had jurisdiction - In their disciplinary matters - And s. 233(1) 1999 Constitution - Did not terminate that jurisdiction (H4) Okike v. LPDC (2005) 4 KLR (pt. 194) 849; (2005) 15 NWLR (Pt.949) 471

LEGAL PRACTITIONERS - Conflict of laws - Duty of counsel - Allegation that the 2004 Revenue Act - Is in conflict with some international conventions - Was to be specifically shown by plaintiffs' counsel (H8) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

LEGAL PRACTITIONERS - Disciplinary Tribunal - Charges - Nature of - Where the allegation in the petition - Contains all the essential elements - It is not necessary - To make reference to particular breaches of the Rules (H3) Okike v. L.P.D.C. (No.2) (2005) 7 KLR (pts. 202 & 203) 2525

LEGAL PRACTITIONERS - Disciplinary Tribunal - Complaint - On procedural process - Where appellant had the opportunity to complain in the proceedings before the respondent - But refused to do so - Complaint before the NBA Committee is late (H2) Okike v. L.P.D.C. (No.2) (2005) 7 KLR (pts. 202 & 203) 2525

LEGAL PRACTITIONERS - Fair hearing - Representation by counsel -

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

Where plaintiff's counsel withdraws - Court should put plaintiff on notice (H4) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

LEGAL PRACTITIONERS - Infamous conduct - Jurisdiction - Legal Practitioners Disciplinary Committee - Has jurisdiction - To try matters - Where appellant is charged - For infamous conduct - Pertaining to the legal profession (H5) Okike v. L.P.D.C. (No.2) (2005) 7 KLR (pts. 202 & 203) 2525

LEGAL PRACTITIONERS - Negligence - Where a party's case fails - For negligence of Counsel - It does not amount to - Visitation of Counsel's sin on the client (H3) Magna Maritime Ltd v. Oteju (2005) 5 KLR (pt. 197) 1405; (2005) 14 NWLR (Pt.945) 517

LEGAL PRACTITIONERS - Seasoned advocacy - Actions - Facts of a case - Must be mastered - And be properly presented to the court by counsel - For seasoned advocacy (H7) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

LEGAL PRACTITIONERS - Withdrawal from trial - Fair hearing - Hearing Notice - Should be issued afresh by the court - To a party his counsel withdraws (H3) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

LEGISLATION - Constitutional law - Estoppel - That an Act was passed by the National Assembly - Consisting of representatives from all the States - Cannot estop aggrieved States - From challenging its validity (H4) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

LEGISLATION - Constitutional law - National Assembly - Allegation of conflict between an Act and the Constitution - As if the 2004 Act extended boundaries of littoral States - Does not arise - As the extension is merely deemed and notional (H6) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

LEGISLATION - Legal Practitioners Act s. 12(7) - Is constitutional - National Assembly can establish the LPDC - And give appellate jurisdiction to the Supreme Court (H1) Okike v. LPDC (2005) 4 KLR (pt. 194) 849; (2005) 15 NWLR (Pt.949) 471

LEGISLATION - National Assembly - Federation account - Legislation as to manner of distribution - Amongst the beneficiaries - Is vested in the National Assembly - Vide s.162 of the Constitution (H10) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

LEGISLATION - National Assembly - Seaward boundaries of littoral States - Are not extended by Allocation of Revenue Act 2004 - And there is no conflict - Between the 2004 Act and sections of the Constitution (H7) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

LEGISLATION - Statutes - Legislative judgment - Where the 2004 Revenue Act - Did not usurp the court's function in any way - It is not a legislative judgment (H11) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

LOCUS STANDI - Absence of - Goes to terminate court's jurisdiction - Unto striking out the claim (H4) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

LOCUS STANDI - Absence of - Land - Acquisition by government - Notice of - Plaintiffs that fail to prove their title - Are not the rightful persons to be served - And they have no locus standi - To seek nullification of the acquisition (H12) Elegushi v. Oseni (2005) 7 KLR (pts. 202 & 203) 2411; (2005) 14 NWLR (Pt.945) 348

LOCUS STANDI - Appeals - Issues - Jurisdiction - Resolving other issues will be unnecessary - If Supreme Court finds there is no locus (H1) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

LOCUS STANDI - Chieftaincy matters - Right to sue - May be established

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

through family interest - Or clearly averred personal interest (H2) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

LOCUS STANDI - Conferment - Chieftaincy matters - Claim in personal capacity - Averment in this case - Did not confer locus standi (H3) Emezi v. Osuagwu (2005) 2 KLR (pt. 191-193) 617; (2005) 12 NWLR (Pt.939) 340

LOCUS STANDI - Definition - Federation account - Where plaintiffs have right to receive share therefrom - They have locus standi to sue (H3) A-G Adamawa v. A-G Federation (2005) 12 KLR (pts. 204-207) 2695; (2005) 18 NWLR (Pt.958) 581

MASTER & SERVANT - Appeals - Civil Servant - Appointment that has statutory flavour - Where terminated wrongfully - The servant will be restored to his post (H5) Iderima v. Rivers State Civil Ser. Comm. (2005) 7 KLR (pts. 202 & 203) 2273; (2005) 16 NWLR (Pt.951) 378

MASTER & SERVANT - Appointment - Termination of - Where letter of termination is issued to a person - The employer has no other intention - Than to put an end to the job (H1) Jombo v. P.E.F. (MGT. Board) (2005) 7 KLR (pts. 202 & 203) 2441; (2005) 14 NWLR (Pt.945) 443

MASTER & SERVANT - Civil servant - Investigation - Where query did not emanate from the Commission - Which is the appropriate authority - It is improper that the investigation was not done by the Commission - And reliance on it is improper (H2) Iderima v. Rivers State Civil Ser. Comm. (2005) 7 KLR (pts. 202 & 203) 2273; (2005) 16 NWLR (Pt.951) 378

MASTER & SERVANT - Civil Service Rules - Discipline of officers - Should be strictly in accordance with the provision of the Rules - So that disciplinary steps against appellant - By an unauthorized body or person - Is of no effect (H1) Iderima v. Rivers State Civil Ser. Comm. (2005) 7 KLR (pts. 202 & 203) 2273; (2005) 16 NWLR (Pt.951) 378

MASTER & SERVANT - Contract of Service - Termination of - Where contract is reduced into writing - Court will not look into any matter - Outside the terms stipulated (H1) Ibama v. Shell Petroleum (2005) 10 KLR

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

(pts. 204-207) 2593; (2005) 17 NWLR (Pt.954) 364

MASTER & SERVANT - Contract of service - Termination of - Where an employee has been notified - Of his pending retirement - It does not per se - Constitute a bar to subsequent termination of his employment (H3) Ibama v. Shell Petroleum (2005) 10 KLR (pts. 204-207) 2593; (2005) 17 NWLR (Pt.954) 364

MASTER & SERVANT - Contract of service - Where plain and unambiguous - Court must confine itself to its provisions - In determining the rights and obligations of the parties (H2) Ibama v. Shell Petroleum (2005) 10 KLR (pts. 204-207) 2593; (2005) 17 NWLR (Pt.954) 364

MASTER & SERVANT - Employment - Termination of - Where employment has statutory backing - It can only be terminated in the way and manner - Prescribed by the relevant statute (H3) Iderima v. Rivers State Civil Ser. Comm. (2005) 7 KLR (pts. 202 & 203) 2273; (2005) 16 NWLR (Pt.951) 378

MASTER & SERVANT - Relief not claimed - Termination of employment - Court cannot grant a relief - Of one month salary in lieu of notice - That was due but not properly claimed (H7) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

MASTER & SERVANT - Statutory flavour - Civil Servant - Appointment that has statutory flavour - Where terminated wrongfully - The servant will be restored to his post (H5) Iderima v. Rivers State Civil Ser. Comm. (2005) 7 KLR (pts. 202 & 203) 2273; (2005) 16 NWLR (Pt.951) 378

MASTER & SERVANT - Termination of employment - As a master cannot be compelled - To retain a servant he no longer wants - The servant can by a proper claim - Recover terminal benefits or damages (H5) Garuba v. Kwara Inv. Co. Ltd. (2005) 1 KLR (pt. 189) 55; (2005) 5 NWLR (Pt.917) 160

MASTER & SERVANT - Wrongful termination - Appeals - Issues - Where the main issue is resolved against appellant - In holding that he was lawfully terminated - It is not necessary to wade into other issues as to damages

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

(H5) Ibama v. Shell Petroleum (2005) 10 KLR (pts. 204-207) 2593; (2005) 17 NWLR (Pt.954) 364

MORTGAGES - Action - Basis of - Was rightly held by the Court of Appeal - To be the grant of loan and mortgage agreement between the parties - And not based on the immovable property at Ogun State (H3) Arabambi v. Advance Beverages Ltd. (2005) 12 KLR (pts. 204-207) 2843; (2005) 19 NWLR (Pt.959) 1

MORTGAGES - Banking - Interest rate - Judicial precedents - Union Bank v. Ozigi - That grants Bank liberty to change the interest rate - Is applicable in this case (H2) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

MORTGAGES - Banking - Interpretation - Clear words of a document - Should be given their plain and common meaning - As held in Union Bank v. Ozigi (H1) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

MORTGAGES - Banking - Loan agreement - Interest rate - By the mortgage clause - The respondent Bank can change the original interest rate - Without appellant's prior consent (H1) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

MORTGAGES - Consent - Admission - Mortgage - Where Governor's consent - Was agreed to have been obtained by the parties - Court's raising of the issue was wrong (H3) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

MORTGAGES - Delay - Time for execution - Where not stipulated within the mortgage - Delay of about seventeen days - Is not inordinate in the circumstances (H8) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

MOTIONS - Appeals - Leave to call additional evidence on appeal - Three principles to be considered - Include unavailability of the evidence at the trial time - As laid down in Asaboro v. Aruwaji (H1) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933)

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

356

MOTIONS - Dismissal - Actions - Cause of action - Motion to dismiss suit - For non disclosure of reasonable cause - Was determined rightly - Without reference to a proposed amended Statement of Claim (H1) Cookey v. Fombo (2005) 5 KLR (pt. 196) 1203; (2005) 15 NWLR (Pt.947) 182

MOTIONS - Nature of - Jurisdiction - Application - Where in the nature of mandatory prayer - And not for enforcement of orders - It is properly initiated - Without filing contempt proceedings (H2) Unibiz Ltd. v. Commercial Bank (C.L.) Ltd. (2005) 4 KLR (pt. 195) 1075; (2005) 14 NWLR (Pt.944) 47

MOTIONS - Objection - Where defendant's preliminary objection was upheld - Court was right to have struck out plaintiff's application (H2) Utuks v. N.P.A (2005) 6 KLR (pt. 198) 1611; (2005) 13 NWLR (Pt.943) 623

MOTIONS - Striking out - Where application was withdrawn - Or appellant's counsel was not available - But application was argued on merit - The proper order is dismissal (H2) Amusan v. Obideyi (2005) 6 KLR (pt. 199) 1745; (2005) 14 NWLR (Pt.945) 322

MURDER - Cause of death - Burden of establishing that the act of appellant caused the death - Is discharged - Where common intention is proved (H3) Ubierho v. State (2005) 2 KLR (pt. 191-193) 543; (2005) 5 NWLR (Pt.919) 644

MURDER - Confessional statement - Where retracted and denied - The court can still convict based on it (H2) Ubierho v. State (2005) 2 KLR (pt. 191-193) 543; (2005) 5 NWLR (Pt.919) 644

MURDER - Defences - Provocation - Avails the appellant - In the murder charge against him - As he acted in the heat of passion (H6) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

MURDER - Provocation - Defence raised by the evidence - Should be

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

adequately considered by the court - Even if not raised by the accused (H4) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

MURDER - Self defence - Disengagement - Where appellant had no opportunity to withdraw - And was under danger of death - His use of cutlass unto death of deceased - Is in lawful self defence (H8) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

MURDER - Self defence - Where the plea is upheld - Accused will be absolved from criminal liability (H9) Uwaekweghinya v. State (2005) 3 KLR (pt. 191-193) 773; (2005) 9 NWLR (Pt.930) 227

NEGLIGENCE - Banking - Cheques - Where defendant was negligent - In honouring plaintiff's unauthorized cheque - It ought not rely on estoppel (H9) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

NEGLIGENCE - Due care - Proof - Where defendant did not call evidence - To show plaintiff's negligence - It will be difficult to hold that the defendant - Exercised due amount of care (H7) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

NEGLIGENCE - Legal practitioners - Where a party's case fails - For negligence of Counsel - It does not amount to - Visitation of Counsel's sin on the client (H3) Magna Maritime Ltd v. Oteju (2005) 5 KLR (pt. 197) 1405; (2005) 14 NWLR (Pt.945) 517

NEGLIGENCE - Liability - Forged cheque - Negligence - By Bank in paying cheque with forged signature - Bank's liability is not absolute - Save reasonable care is not exercised - In processing the cheque (H8) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

OATHS - Administration of - Evidence - Where oath was not administered on a witness before giving evidence - It amounts to mere irregularity (H2) Solola v. State (2005) 5 KLR (pt. 197) 1429; (2005) 11 NWLR (Pt.937)

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

460

OATHS - Elections - Irregularity - Oath taking - By electoral officers - Lower court's finding that electoral officers' failure to take oath - Is cured by s. 4(1) of the Oaths Act - Is erroneous (H8) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

OATHS - Failure to take - Elections - Non Compliance with the provisions of the Act s. 135(1) - As the presidential election - Was conducted substantially - Within the provisions of the Electoral Act - It shall not be invalidated for failure of the electoral officers - To take oath of loyalty (H17) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

ORDERS OF COURT - Actions - Dismissal of - Statute bar - Where raised as a defence - And the defence is sustained - Court is to make an order of dismissal of plaintiff's action (H6) Nigeria Ports Author. Plc. v. Lotus Plastics Ltd (2005) 12 KLR (pts. 204-207) 2927; (2005) 19 NWLR (Pt.959) 158

ORDERS OF COURT - Appeals - Retrial - Where appeal court ordered a retrial - It rightly declined to rule - On the issue of whether the claim - Disclosed a reasonable cause of action (H3) Cookey v. Fombo (2005) 5 KLR (pt. 196) 1203; (2005) 15 NWLR (Pt.947) 182

ORDERS OF COURT - Compliance with - Is very essential - Especially where there is no pending appeal - To avoid becoming a contemnor (H4) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

ORDERS OF COURT - Contempt of court - Order to exhume body - Buried on land in dispute - Sought to be evaded by appellant - Was rightly maintained - By Court of Appeal (H7) Odu v. Jolaoso (2005) 4 KLR (pt. 195) 975; (2005) 16 NWLR (Pt.950) 178

ORDERS OF COURT - Courts - Consequential orders - Can be made as in this case (H9) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

ORDERS OF COURT - Dismissal - Where application was withdrawn - Or appellant's counsel was not available - But application was argued on merit - The proper order is dismissal (H2) Amusan v. Obideyi (2005) 6 KLR (pt. 199) 1745; (2005) 14 NWLR (Pt.945) 322

ORDERS OF COURT - Effect - They remain binding until set aside - By due process of law - Even where the order is irregular or void (H1) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

ORDERS OF COURT - Finality of - An order is final - Where it finally disposes the right of parties - But if it does not - Then it is an interlocutory order (H1) Union Bank Plc v. Boney Marc. Ltd. (2005) 7 KLR (pts. 200 & 201) 2113; (2005) 13 NWLR (Pt.943) 654

ORDERS OF COURT - Injunction - Is an Equitable Remedy - And can only be granted - In support of rights known to law or equity (H7) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

ORDERS OF COURT - Injunction - When not prayed by a party - Can be granted as a consequential order (H2) Okoye v. Briggs (2005) 4 KLR (pt. 195) 999

ORDERS OF COURT - Interim injunction - Duration - Where order of dismissal - Is set aside on appeal - Restoration of interim injunction is not implied (H4) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

ORDERS OF COURT - Mareva injunction - Is granted - Against defendant - Or persons in possession of defendants assets - From disposing them - Pending determination of the case (H5) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

ORDERS OF COURT - Nature of - Whether final or interlocutory - Is determined - By subject matter in dispute being related to the decision (H1) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

ORDERS OF COURT - Neglect of - Where a party neglects orders - Made against him - Section 72 of the Sheriff and Civil Process Act applies - And Forms 48 & 49 will issue only on contempt proceedings (H1) Unibiz Ltd. v. Commercial Bank (C.L.) Ltd. (2005) 4 KLR (pt. 195) 1075; (2005) 14 NWLR (Pt.944) 47

ORDERS OF COURT - Removal of Governor - Governor of Anambra State - Order by an Enugu High Court Judge - That he be removed from office - Cannot be Considered by the Supreme Court - Without an appeal from the Court of Appeal (H4) A-G Anambra v. A-G Federation (2005) 5 KLR (pt. 196) 1113; (2005) 9 NWLR (Pt.931) 572

ORDERS OF COURT - Retrial - Criminal cases - Where the trial of an accused is declared a nullity - Principles that guide the court - In ordering or refusing a retrial (H3) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005) 6 NWLR (Pt.922) 496

ORDERS OF COURT - Retrial - Criminal trial - Acquittal - Where respondent has not been tried - As his trial in absentia is a nullity - Retrial will be ordered not acquittal (H5) Chief of Air Staff v. Iyen (2005) 1 KLR (pt. 189) 1; (2005) 6 NWLR (Pt.922) 496

PARTIES - Actions - Cause of action - Courts - Where parties are misjoined in an action - Court can order separate trials - For purpose of clarity (H6) Ansa v. Ishie (2005) 6 KLR (pt. 198) 1537; (2005) 15 NWLR (Pt.948) 210

PARTIES - Actions - Joinder of parties - Cause of action - Reasonableness of - Failure to show liability of 1st respondent - Was good ground for striking it out as a party (H3) Rinco Construction Ltd v. Veepee Ltd (2005) 3 KLR (pt. 191-193) 753; (2005) 9 NWLR (Pt.929) 85

PARTIES - Actions - Preliminary objection - As to parties that have dispute with plaintiff - Where it succeeds partially - Other parties are struck out (H1) A-G Abia State v. A-G Federation (2005) 6 KLR (pt. 199) 1667; (2005) 12 NWLR (Pt.940) 452

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

PARTIES - Admission - Mortgage - Where Governor's consent - Was agreed to have been obtained by the parties - Court's raising of the issue was wrong (H3) Ishola v. Union Bank Ltd. (2005) 2 KLR (pt. 191-193) 673; (2005) 6 NWLR (Pt.922) 422

PARTIES - Admissions - In civil cases - Admissions are not conclusive - As the party can explain them (H5) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

PARTIES - Appeals - Evidence - Further evidence on appeal - On ground of further corroboration of a party's case - Will not be allowed (H3) U.B.A. Plc v. BTL Industries Ltd. (2005) 4 KLR (pt. 195) 1059; (2005) 10 NWLR (Pt.933) 356

PARTIES - Appeals - Joinder of parties - Where one was not a party before the trial court - It cannot appeal as of right - Against that judgment to any higher court (H2) Williams v. Mokwe (2005) 7 KLR (pts. 200 & 201) 2201; (2005) 14 NWLR (Pt.945) 249

PARTIES - Appeals - Roles - Finding - That is not appealed against - Remains correct - Role of a respondent - Is to support the judgment (H1) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

PARTIES - Conduct - Proof - Written contract - Claim of right - Where terms are varied by parties conduct - Evidence of oral variation is admissible (H2) Adecentro Ltd v Council of O.A.U. (2005) 5 KLR (pt. 196) 1085; (2005) 15 NWLR (Pt.948) 290

PARTIES - Courts - Case not made by the parties - Should not be introduced by the court (H4) NBCI v. Integrated Gas Ltd. (2005) 1 KLR (pt. 189) 95; (2005) 4 NWLR (Pt.916) 617

PARTIES - Cross examination - Witnesses - Where called to explain an issue - May be cross examined by the parties (H2) Azuokwu v. Nwokanma (2005) 5 KLR (pt. 196) 1181; (2005) 11 NWLR (Pt.937) 537

PARTIES - Duty - Waiver - Pleadings - A party's duty is to plead relevant

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

facts - And leave the court - To determine the consequences in law (H2) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

PARTIES - End of case - Judgment given in default of pleadings - Being a final decision - Puts an end to the action between present parties - Though appellant's case still subsists - Against 2nd-5th defendants (H3) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

PARTIES - Evidence - Appearance of a party - In court to give evidence - Is not necessary - Where the claims are proved to the satisfaction of the court (H7) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

PARTIES - Evidence - Contradictions - Can only avail the opposite party - Where they are material - But there is no contradiction in the respondents' evidence (H4) Usiobaifo v. Usiobaifo (2005) 1 KLR (pt. 189) 191; (2005) 3 NWLR (Pt.913) 665

PARTIES - Evidence - Proof - Burden on plaintiff - Demands presentation of substantial evidence - That outweighs that of the defendant (H4) Obasi Bros. Ltd. v. M.B.A. Securities Ltd. (2005) 2 KLR (pt. 191-193) 471; (2005) 9 NWLR (Pt.929) 117

PARTIES - Evidence - Where unchallenged - Judge is still expected to examine - Whether or not it was sufficient - To establish the claims made by the party - Who provided that evidence (H1) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

PARTIES - Fair hearing - Hearing Notice - Should be issued afresh by the court - To a party his counsel withdraws (H3) Ndukauba v. Kolomo (2005) 1 KLR (pt. 190) 275; (2005) 4 NWLR (Pt.915) 411

PARTIES - Hearing - Suo motu issue - Where raised by appeal court - Need to hear the parties - Before a decision is made (H4) Stirling Civil Engnr v. Yahaya (2005) 4 KLR (pt. 195) 1033; (2005) 11 NWLR (Pt.935) 181

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

PARTIES - Inference - Pleadings - Though parties are bound by their pleadings - It is not expected that all facts germane to a party's case - Must be pleaded - And pleaded facts that raise a reasonable inference of law - Cannot be excluded from the consideration of the court (H1) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221; (2005) 15 NWLR (Pt.948) 266

PARTIES - Joinder of parties - Where both parties were duly heard - In respect of a third party joinder issue - Appellant was not denied fair hearing (H3) LSDPC v. Adold Stamm Ltd. (2005) 1 KLR (pt. 189) 75; (2005) 2 NWLR (Pt.910) 603

PARTIES - Juristic person - Actions - Though appellant is not a juristic person - It can be sued under O. 11 rr. 9 or 26 of the High Court Rules (H2) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

PARTIES - Legal personality of - Actions - Propriety of - Some non legal entities can be sued in their names (H1) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

PARTIES - Neglect of orders -Where a party neglects orders - Made against him - Section 72 of the Sheriff and Civil Process Act applies - And Forms 48 & 49 will issue only on contempt proceedings (H1) Unibiz Ltd. v. Commercial Bank (C.L.) Ltd. (2005) 4 KLR (pt. 195) 1075; (2005) 14 NWLR (Pt.944) 47

PARTIES - Objection - Appeals - Where a party fails to object to the admission of an inadmissible evidence - He cannot be allowed to raise an objection - At the appeal stage - Unless the evidence - Was absolutely legally inadmissible (H5) Shittu v. Fashawe (2005) 7 KLR (pts. 202 & 203) 2365; (2005) 14 NWLR (Pt.946) 671

PARTIES - Record of Appeal - Court and parties are bound - By the record of appeal as certified - And it is presumed correct - Unless the contrary is proved (H1) Gonzee Nig. Ltd v. N.E.R.D.C. (2005) 6 KLR (pt. 198) 1573; (2005) 13 NWLR (Pt.943) 634

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

PARTIES - Settlement - Agreements - Sub-dealership agreement - Abrogation of it in the parties' terms of settlement - When not made subject to anything - It is not subsisting and is dead for all purposes (H4) The Honda Place Ltd. v. Globe Motors (2005) 7 KLR (pts. 202 & 203) 2245; (2005) 14 NWLR (Pt.945) 273

PARTIES - Settlement - Res judicata - Decision - Is final - Where it finally disposes of the rights of the parties - So that consent judgment - Pursuant to parties' terms of settlement - Is a final decision (H3) The Honda Place Ltd. v. Globe Motors (2005) 7 KLR (pts. 202 & 203) 2245; (2005) 14 NWLR (Pt.945) 273

PARTIES - Silence - Contracts - Building - Where a contractor requests for extension of time - Silence by the Architect - Does not amount to an approval (H1) Adecentro Ltd v Council of O.A.U. (2005) 5 KLR (pt. 196) 1085; (2005) 15 NWLR (Pt.948) 290

PARTIES - Striking out - Counter claim - Where 30th defendant was struck out as a party - Its counter claim is accordingly struck out (H2) A-G Abia State v. A-G Federation (2005) 6 KLR (pt. 199) 1667; (2005) 12 NWLR (Pt.940) 452

PARTNERSHIP - Account - Bank - Duty of - The bank owes each partner the duty not to allow - Either of them to draw funds from the account - Without the concurrence of the other (H6) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

PARTNERSHIP - Business name - Partnership relationship - Under a registered business name - Is governed by parties partnership agreement (H2) Magbagbeola v. Sanni (2005) 4 KLR (pt. 194) 835; (2005) 11 NWLR (Pt.936) 239

PLEADINGS - Abandonment of - Title - Where the grant of title pleaded was abandoned - Evidence of oral grant not pleaded - Goes to no issue (H10) Dabo v. Abdullahi (2005) 2 KLR (pt. 191-193) 585; (2005) 7 NWLR (Pt.923) 181

PLEADINGS - Actions - Defensible claim - Has not been disclosed - As

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

appellant did not claim ownership - Of the property in issue (H2) Rinco Construction Ltd v. Veepee Ltd (2005) 3 KLR (pt. 191-193) 753; (2005) 9 NWLR (Pt.929) 85

PLEADINGS - Admission - Judgment in default of pleadings - Is a proceeding in which defendant - Is deemed to have admitted the facts pleaded by plaintiff (H6) Iwueke v. Imo Broadcasting Corporation (2005) 10 KLR (pts. 204-207) 2619; (2005) 17 NWLR (Pt.955) 447

PLEADINGS - Admission - Matters that are admitted - Are not in issue between the parties (H1) Reynolds v. Rockonoh (2005) 4 KLR (pt. 194) 895

PLEADINGS - Admissions - Counter affidavit - Where plaintiffs evidence is called by way of counter affidavit - In response to pleadings - Defendant is under no obligation - To counter the averment (H3) Ademeso v. Okoro (2005) 6 KLR (pt. 198) 1485; (2005) 14 NWLR (Pt.945) 308

PLEADINGS - Amendment - Land law - Evidence of previous proceedings relied upon by appellant - Do not relate to the land in dispute - And were not properly pleaded (H10) Ojoh v. Kamalu (2005) 12 KLR (pts. 204-207) 2973; (2005) 18 NWLR (Pt.958) 523

PLEADINGS - Amendment of - Appellate Court can amend pleadings - To avoid substantial injustice - Under certain conditions (H2) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

PLEADINGS - Amendment of - Can be allowed at any stage including appeal - Save where injustice will result - And exercise of discretion by Court - Must be done judiciously (H1) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

PLEADINGS - Appeals - Amendment that will overreach - Lower court acted judiciously - When it exercised its discretion - In refusing the application - For leave to amend the Statement of Claim (H4) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

PLEADINGS - Appeals - Changes - Case put forward before trial court - Cannot be changed on appeal - Contrary to a party's pleadings or evidence (H5) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

PLEADINGS - Appeals - Finding of lower court - Contention that it was not pleaded - Is not of any moment - Where the finding was properly raised from facts pleaded (H4) Ebhota v. P.I.P.D.C. Ltd. (2005) 7 KLR (pts. 202 & 203) 2221; (2005) 15 NWLR (Pt.948) 266

PLEADINGS - Appointment of chief - Proof - Averment by appellant - That he was appointed by the Kingmakers - Was not proved (H3) Alao v. Akano (2005) 4 KLR (pt. 194) 817; (2005) 11 NWLR (Pt.935) 160

PLEADINGS - Averment - Admission - Where a party makes a statement - Which amounts to prior acknowledgment by him - That one of the material facts relevant to the issue - Is not as he now claims - Such fact admitted requires no further evidential proof (H1) N.A.S. Ltd. v. U.B.A. Plc. (2005) 7 KLR (pts. 200 & 201) 2163; (2005) 14 NWLR (Pt.945) 421

PLEADINGS - Averment - Evidence - Where plaintiff forwards a case in his pleadings - Any evidence at variance with the averment - Goes to no issue - And should be disregarded by court (H1) Ademeso v. Okoro (2005) 6 KLR (pt. 198) 1485; (2005) 14 NWLR (Pt.945) 308

PLEADINGS - Averment - Where evidence is at variance with averment - Then it goes to no issue - And should be disregarded (H1) Ugoji v. Onukogu (2005) 5 KLR (pt. 196) 1265; (2005) 16 NWLR (Pt.950) 97

PLEADINGS - Averments - Do not amount to evidence - Which Court can rely on (H5) Martchem Ind. Ltd v. M.F. Kent Ltd (2005) 5 KLR (pt. 196) 1227; (2005) 10 NWLR (Pt.934) 645

PLEADINGS - Averments - Value - Where an averment does not in a juridical sense - Add any value to the plaintiff's case - Such averment is unnecessary (H3) Ndoma-Egba v. A.C.B. (2005) 7 KLR (pts. 202 & 203) 2467; (2005) 14 NWLR (Pt.944) 79

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

PLEADINGS - Banking - Guarantee - Liability - As the plaintiff's action is based on two planks - It succeeds against the 3rd respondent - On the basis of the Deed of Guarantee (H6) Auto Import Export v. Adebayo (2005) 12 KLR (pts. 204-207) 3027; (2005) 19 NWLR (Pt.959) 44

PLEADINGS - Banking - Tellers - Claim based on shortfall in tellers - Must be specifically pleaded - And strictly proved - By plaintiff calling evidence to prove each shortfall (H2) Daniel Holdings Ltd. v. U.B.A. Plc. (2005) 7 KLR (pts. 200 & 201) 2145; (2005) 13 NWLR (Pt.943) 533

PLEADINGS - Binding nature of - Courts - As parties are bound by their pleadings - Courts are also bound by the pleadings - And issues raised in the pleadings (H2) Ademeso v. Okoro (2005) 6 KLR (pt. 198) 1485; (2005) 14 NWLR (Pt.945) 308

PLEADINGS - Burden of proof - May shift to defendant as case progresses - Where it becomes the duty of defendant to call evidence - In proof of some particular points - Which may arise in the case (H1) Ogbu v. Wokoma (2005) 7 KLR (pts. 202 & 203) 2503; (2005) 14 NWLR (Pt.944) 118

PLEADINGS - Claims - Cause of action - Where an objection is raised - As to statement of claim - Not disclosing reasonable cause of action - That statement of claim has to be examined (H2) Cookey v. Fombo (2005) 5 KLR (pt. 196) 1203; (2005) 15 NWLR (Pt.947) 182

PLEADINGS - Claims - Will be deemed abandoned - Where claim made on the writ of summons - Is not repeated in the statement of claim (H3) Daniel Holdings Ltd. v. U.B.A. Plc. (2005) 7 KLR (pts. 200 & 201) 2145; (2005) 13 NWLR (Pt.943) 533

PLEADINGS - Contracts - Illegality - Where a respondent relies on illegality as a defence - The facts are to be stated in his pleadings (H1) A.I.C. Ltd v. N.N.P.C. (2005) 5 KLR (pt. 197) 1285; (2005) 11 NWLR (Pt.937) 563

PLEADINGS - Counter claim - Competence - Where defendants' counter claim does not refer to plaintiff - Such counter claim is incompetent (H6)