COMPREHENSIVE INDEX TO ALL

SUPREME COURT 2005 DECISIONS

 

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

 

ACTIONS - 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

 

ACTIONS - 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

 

ACTIONS - Appeals - 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

 

ACTIONS - 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

 

ACTIONS - 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

 

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

 

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 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 - Pre-action 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 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 (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

 

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 (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 - 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

 

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 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 - Pre-action 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 - Pre-action 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 - Pre-action 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

 

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 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) 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 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 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 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 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 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 - 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 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

 

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

 

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

 

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 (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 (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 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. 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 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

 

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 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) 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

 

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 (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 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

 

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) 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

 

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

 

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

 

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

 

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 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 (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

 

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) 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

 

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

 

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

 

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

 

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 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

 

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

 

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 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 - Pre-termination 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 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 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) 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

 

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

 

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 - Pre-action 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

 

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

 

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

 

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 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

 

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

 

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 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

 

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 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

 

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 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

 

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

 

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

 

COURTS - Jurisdiction - Pre-action 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 - Pre-action 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; (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) 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 - Pre-action 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. 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 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

 

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

 

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 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 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

 

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

 

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

 

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 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

 

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

 

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. 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 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

 

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

 

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

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 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 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

 

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 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 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 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 - 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

 

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

 

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. 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 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. 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

 

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

 

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. 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 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

 

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 - 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; (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

 

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

 

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

 

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; (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

 

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. 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 - 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 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

 

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

 

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

 

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 - 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

 

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

 

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 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

 

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) 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 - 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 - 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 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

 

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 - Pre-action 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; (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

 

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 - Pre-action 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

 

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 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

 

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 (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

 

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) 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

 

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 - 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

 

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 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 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

 

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 (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; (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 - 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 - 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

 

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 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 (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 (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) 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 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) 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

 

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

 

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

 

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 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

 

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

 

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 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

 

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

 

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) A-G Cross River State v. A-G Federation (2005) 6 KLR (pt. 198) 1499; (2005) 15 NWLR (Pt.947) 71

 

PLEADINGS - 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

 

PLEADINGS - 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

 

PLEADINGS - Decision - Courts - 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

 

PLEADINGS - 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

 

PLEADINGS - 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

 

PLEADINGS - Defence - Statutes - Need to plead facts that will bring a transaction - Within the ambit of a statute relied upon (H4) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

 

PLEADINGS - Defences - O. 10 rr. 1 & 2 of the ANS High Court Rules - Have not changed procedure - For raising objection to court’s jurisdiction (H6) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

 

PLEADINGS - 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

 

PLEADINGS - Election petitions - 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

 

PLEADINGS - Elections - Particulars of pleadings must be given - O. 26 rr. 5 & 6(1) Federal High Court Rules - To avoid surprise to the adversary (H11) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

 

PLEADINGS - Equitable defence of waiver - 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

 

PLEADINGS - Evidence - Documents - 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

 

PLEADINGS - Evidence - 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

 

PLEADINGS - Evidence - Prima facie case - 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

 

PLEADINGS - Fact not pleaded - Libel - 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

 

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

 

PLEADINGS - Germane facts - 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

 

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

 

PLEADINGS - Issue - 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

 

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

 

PLEADINGS - 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

 

PLEADINGS - Libel - Reply - Where plaintiff never filed a reply - In reaction to the defence of qualified privilege - The defence cannot be dislodged (H9) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

 

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

 

PLEADINGS - Proof - 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

 

PLEADINGS - 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

 

PLEADINGS - Proof - Title - Root of title as pleaded - Where not proved - Plaintiff 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

 

PLEADINGS - Reference to - 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

 

PLEADINGS - Reliefs - Amendment - Writ of summons - 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

 

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

 

PLEADINGS - 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

 

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

 

PLEADINGS - Statement of defence - Where defendant fails to substantiate its statement - With detailed particulars supported by documents - There is no good defence to the action (H5) Thor Ltd v. First City Mer. Bank Ltd (2005) 6 KLR (pt. 199) 1807; (2005) 14 NWLR (Pt.946) 696

 

PLEADINGS - Title - 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

 

PLEADINGS - 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

 

PLEADINGS - Title - Prima facie case - 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

 

PLEADINGS - 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

 

PLEADINGS - Title - 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

 

PLEADINGS - Title - 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

 

PLEADINGS - Waiver - Courts - 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

 

PLEADINGS Title - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Actions - Pleadings - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Disciplinary Tribunal - Legal Practitioners - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Irregularity - How often construed - A defect in the nature of unilateral abridgement of time - Will not ordinarily vitiate the proceedings (H2) Duke v. Akpabuyo Local Govt. (2005) 12 KLR (pts. 204-207) 2779; (2005) 19 NWLR (Pt.959) 130

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Pleadings - Defences - O. 10 rr. 1 & 2 of the ANS High Court Rules - Have not changed procedure - For raising objection to court’s jurisdiction (H6) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

 

PRACTICE & PROCEDURE - Pleadings - Election petitions - Particulars of pleadings must be given - O. 26 rr. 5 & 6(1) Federal High Court Rules - To avoid surprise to the adversary (H11) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Pleadings - 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

 

PRACTICE & PROCEDURE - Pleadings - Statement of defence - Where defendant fails to substantiate its statement - With detailed particulars supported by documents - There is no good defence to the action (H5) Thor Ltd v. First City Mer. Bank Ltd (2005) 6 KLR (pt. 199) 1807; (2005) 14 NWLR (Pt.946) 696

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Reply - Libel - Where plaintiff never filed a reply - In reaction to the defence of qualified privilege - The defence cannot be dislodged (H9) Mamman v. Salaudeen (2005) 12 KLR (pts. 204-207) 3095; (2005) 18 NWLR (Pt.958) 478

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Rules of court - 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

 

PRACTICE & PROCEDURE - 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

 

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - 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

 

PRACTICE & PROCEDURE - Undefended list - Intention to defend - Qualities that will make it to succeed - Includes disclosure of prima facie defence (H4) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

 

PRACTICE & PROCEDURE - Undefended list procedure - Object of - Is to avoid unnecessary delay (H3) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

 

PROPERTY LAW - Creation of States - 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

 

PROPERTY LAW - Possession - 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

 

RULES OF COURT - 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

 

RULES OF COURT - 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

 

RULES OF COURT - Appeals - Redemption of - 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

 

RULES OF COURT - 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

 

RULES OF COURT - Breach - 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

 

RULES OF COURT - Compliance - 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

 

RULES OF COURT - Compliance with - 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

 

RULES OF COURT - Irregularity - 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

 

RULES OF COURT - Irregularity - How often construed - A defect in the nature of unilateral abridgement of time - Will not ordinarily vitiate the proceedings (H2) Duke v. Akpabuyo Local Govt. (2005) 12 KLR (pts. 204-207) 2779; (2005) 19 NWLR (Pt.959) 130

 

RULES OF COURT - 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; (2005) 19 NWLR (Pt.959) 130

 

RULES OF COURT - Pleadings - Defences - O. 10 rr. 1 & 2 of the ANS High Court Rules - Have not changed procedure - For raising objection to court’s jurisdiction (H6) Nnonye v. Anyichie (2005) 1 KLR (pt. 189) 1; (2005) 2 NWLR (Pt.910) 623

 

RULES OF COURT - Pleadings - Election petitions - Particulars of pleadings must be given - O. 26 rr. 5 & 6(1) Federal High Court Rules - To avoid surprise to the adversary (H11) Buhari v. Obasanjo (2005) 7 KLR (pts. 200 & 201) 1851; (2005) 13 NWLR (Pt.941) 1

 

RULES OF COURT - 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

 

RULES OF COURT - 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

 

RULES OF COURT - Violation - 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

 

RULES OF COURT - 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

 

SALE OF GOODS - 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

 

STATUTES - 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

 

STATUTES - 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

 

STATUTES - Banking - Bill of Exchange Act ss. 54 & 55 - 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

 

STATUTES - Bill of Exchange Act - Waiver - 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

 

STATUTES - 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

 

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

 

STATUTES - Conflict of laws - 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

 

STATUTES - Conflicts of laws - 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

 

STATUTES - Contract Law of Anambra State s. 190 - 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

 

STATUTES - 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

 

STATUTES - Elections - 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

 

STATUTES - 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

 

STATUTES - 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

 

STATUTES - Interpretation - Jurisdiction of court - 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

 

STATUTES - Interpretation - Words - Where ordinary meaning of the words used in a provision are clear - Effects must be given to the words - Without resorting to any extrinsic aid (H3) A-G Abia State v. A-G Federation (2005) 6 KLR (pt. 199) 1667; (2005) 12 NWLR (Pt.940) 452

 

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

 

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

 

STATUTES - Jurisdiction - Denial of - 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

 

STATUTES - 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

 

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

 

STATUTES - Limitation period - 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

 

STATUTES - Pleadings - Defence - Need to plead facts that will bring a transaction - Within the ambit of a statute relied upon (H4) I.M.N.L v. Pegofor Industries Ltd (2005) 5 KLR (pt. 197) 1371; (2005) 15 NWLR (Pt.947) 1

 

STATUTES - Provisions of NPA Decree 1993 - Courts - 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

 

STATUTES - Right to sue - 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

 

STATUTES - Sheriffs Law s. 41(1) - Pre-action 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

 

STATUTES - Statutory flavour - 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

 

STATUTES - Validity - 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

 

STATUTES - 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

 

STATUTES - Writ of summons - 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

 

STEALING - Court martial - 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

 

SUMMARY JUDGMENTS - 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

 

SUMMARY JUDGMENTS - 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

 

SUMMARY JUDGMENTS - Undefended list - Intention to defend - Qualities that will make it to succeed - Includes disclosure of prima facie defence (H4) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

 

SUMMARY JUDGMENTS - Undefended list - Triable issue - 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

 

SUMMARY JUDGMENTS - Undefended list procedure - Object of - Is to avoid unnecessary delay (H3) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

 

SUPREME COURT - Actions - 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

 

SUPREME COURT - 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

 

SUPREME COURT - Appeals - Objection - 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

 

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

 

SUPREME COURT - Constitutional law - 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

 

SUPREME COURT - Directive - 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

 

SUPREME COURT - 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

 

SUPREME COURT - 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

 

SUPREME COURT - 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

 

SUPREME COURT - Findings - 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

 

SUPREME COURT - Issues - Grounds of appeal - Success of an appeal - Does not depend on the prolixity of the issues - Supreme Court is not bound to consider all raised issues (H1) Alao v. Akano (2005) 4 KLR (pt. 194) 817; (2005) 11 NWLR (Pt.935) 160

 

SUPREME COURT - 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

 

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

 

SUPREME COURT - 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

 

SUPREME COURT - Jurisdiction - 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

 

SUPREME COURT - 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

 

SUPREME COURT - Jurisdiction of - 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

 

SUPREME COURT - Leave - 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

 

SUPREME COURT - 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

 

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

 

SUPREME COURT - Powers of - 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

 

TORTS - Actions - Limitation of - 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

 

TORTS - Bailment - 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

 

TORTS - 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

 

TORTS - 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

 

TORTS - 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

 

TORTS - 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

 

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

 

TORTS - 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

 

TRESPASS - Defence - Title - 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

 

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

 

TRESPASS - Possession - 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

 

TRESPASS - 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

 

TRESPASS - Possession - Title - 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

 

TRESPASS - 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

 

TRESPASS - Title - 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

 

TRESPASS - 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

 

UNDEFENDED SUITS - Affidavits - 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

 

UNDEFENDED SUITS - 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

 

UNDEFENDED SUITS - 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 (Pt.946) 696

 

UNDEFENDED SUITS - Intention to defend - Qualities that will make it to succeed - Includes disclosure of prima facie defence (H4) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

 

UNDEFENDED SUITS - Object of - Is to avoid unnecessary delay (H3) Ataguba & Co. v. Gura Ltd. (2005) 2 KLR (pt. 191-193) 411; (2005) 8 NWLR (Pt.927) 429

 

UNDEFENDED SUITS - 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

 

UNDEFENDED SUITS - 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

 

UNDEFENDED SUITS - 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

 

WAIVER - Actions - Defences - 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

 

WAIVER - 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

 

WAIVER - Contracts - Guarantee - 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

 

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

 

WAIVER - Pleadings - Courts - 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

 

WAIVER - Pre-action 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

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - Contracts - 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

 

WORDS & PHRASES - Elections - 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

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - 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

 

WORDS & PHRASES - Rules of court - Irregularity - How often construed - A defect in the nature of unilateral abridgement of time - Will not ordinarily vitiate the proceedings (H2) Duke v. Akpabuyo Local Govt. (2005) 12 KLR (pts. 204-207) 2779; (2005) 19 NWLR (Pt.959) 130

 

WORDS & PHRASES - 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

 

WRIT OF SUMMONS - Amendment of - 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

 

WRIT OF SUMMONS - 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

 

WRIT OF SUMMONS - Reference to - 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

 

WRIT OF SUMMONS - Regularity of - Service outside 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

 

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

 

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

 

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

 

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

 

WRIT OF SUMMONS - Statutes - 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

 

WRIT OF SUMMONS - Time of issue - 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

KINGS LAW REPORTS COMPREHENSIVE INDEX

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

 

 

 

 

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

INDEX OF SUBJECT MATTER TO ALL SC 2005 DECISIONS

 

COMPREHENSIVE INDEX TO SELECTED NOVEL COURT OF APPEAL CASES

 

ACTIONS - Amendment - Courts - Relief not sought - Writ of Summons - Where the omission therein is a mere irregularity - Trial Court’s suo motu grant of an amendment - Did not occasion miscarriage of justice (H3) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

ACTIONS - Claims - Relief not sought - In a party’s pleadings - Should not be granted by the court (H3) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

ACTIONS - Counter claim - Courts - Fair hearing - Trial court’s dismissal of the counter claim - Without hearing the defendants - Is not fair (H5) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

ACTIONS - Counter claims - Land matters - Counter claims are cross actions - Not merely a defence - Where not established - They were rightly dismissed (H12) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

ACTIONS - Courts - Fair hearing - Retrial - Where right to fair hearing was breached - The entire proceedings are a nullity - And retrial will be ordered (H6) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

ACTIONS - Facts - Cause of action - Is the totality of material facts - Necessary to establish a legal right - In each particular case (H1) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

ACTIONS - Immunity - Fair hearing - Constitution 1999 s. 308(1) - That granted immunity from being sued personally to Governors - Without disabling them from suing another - Can only be amended by the legislature not court - And it is not an issue of fair hearing (H5) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

ACTIONS - Immunity and disability - Governors - Constitution 1999, s. 308 - Whereas the respondent Governor - Has immunity from being sued personally - He is not disabled from suing any person (H4) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

ACTIONS - Issues - Courts - Pleadings - Where non of the parties raised the issue of fraud - Trial Court was wrong - To raise and decide it suo motu (H4) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

ACTIONS - Motions - Evidence - Cogency of strike moves - Affidavits - Where attached documents - Were not retracted - It goes to support alleged disrespect - To court orders (H4) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

ACTIONS - Reliefs - Separate and distinct stating of - O.25 r. 12(1) Ondo State HCR - Was not violated - By appellant’s statement of claim (H2) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

AFFIDAVITS - Denial - Documents attached to affidavit - Were not retracted - It goes to support alleged disrespect - To court orders (H4) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

APPEALS - Evidence - Evaluation - Master & Servant - Pension - Where trial court did not evaluate the evidence - Appellate court will do so in appropriate cases - And appellant is entitled to pension benefits (H4) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

APPEALS - Evidence - Evaluation - Master & servant - Medical allowance - Where appellant was still under employment - When the illness arose - He is entitled to cost of treatment (H7) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

APPEALS - Grounds of appeal - Competence of - Where a ground alleges error in law and on the facts - It is incompetent (H2) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

APPEALS - Interference - Damages - Trespass - Exemplary damages - Award of N200,000.00 as general damages - Will not be interfered with - Where exemplary damages - Would have been granted if claimed (H11) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

APPEALS - Interference - Trial court’s finding - Is presumed to be correct - Burden of proving that the judgment is wrong - Is on the appellant (H10) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

APPEALS - Issues - Adoption - Grounds of appeal - Where no cross appeal or respondent’s notice was filed - Respondent cannot depart from the issues - Raised by the appellant (H1) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

APPEALS - Issues - Argument - Grounds of appeal - In respect of which no issue - Or argument is raised - Are deemed abandoned (H13) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

APPEALS - Issues - Grounds of appeal - Where the issues are not formulated - Based upon and related to competent grounds of appeal - They are liable to be struck out (H1) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

APPEALS - Issues - Principal issues raised - Subdivision of - Is not acceptable to the court - Which will restrict itself only to the principal issues (H2) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

APPEALS - Issues - Relevance - Sale of land - Governor’s consent - Where there was no completed contract of sale - The issue of who is to obtain Governor’s consent - Is not relevant (H5) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

APPEALS - Preliminary Objection - Abandonment of - Where the objection is not moved it is deemed abandoned (H1) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

APPEALS - Preliminary objection - Service of notice of O 3 r. 15 (i) CA Rules - Where served instantly - Without 3 clear days notice - The court lacks jurisdiction - Even where no objection was raised - About the wrongful service (H2) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

APPEALS - Retrial - Fair hearing - Where right to fair hearing was breached - The entire proceedings are a nullity - And retrial will be ordered (H6) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

CONSTITUTIONAL LAW - Actions - Immunity - Fair hearing - Constitution 1999 s. 308(1) - That granted immunity from being sued personally to Governors - Without disabling them from suing another - Can only be amended by the legislature not court - And it is not an issue of fair hearing (H5) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

CONSTITUTIONAL LAW - Actions - Immunity and disability - Governors - Constitution 1999, s. 308 - Whereas the respondent Governor - Has immunity from being sued personally - He is not disabled from suing any person (H4) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

CONSTITUTIONAL LAW - Hierarchy of laws - Grundnorm - Interpretation of the Constitution - Liberalism - Extradition matters - Jurisdiction therein - Should be as under the Constitution - That now modifies the Extradition law (H3) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

CONSTITUTIONAL LAW - Judgments - Delay - S. 258(4) 1979 Constitution - Where judgment was given after over 6 months - From date of final addresses - It will not be nullified - If the delay did not lead to loss of impression - Made by witnesses on the trial judge (H4) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

CONSTITUTIONAL LAW - Jurisdiction - Extradition matters - Clear words of a statute - Must be given their ordinary and plain meaning - Conferring jurisdiction on the Federal High Court (H1) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

CONSTITUTIONAL LAW - Jurisdiction - Removal of - Extradition matters - Where the Constitution confers jurisdiction - It cannot be lightly divested (H4) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

CONSTITUTIONAL LAW - Trade Unions - Strike action - Nigeria Labour Congress - Is not authorized by the section of the Constitution - It relied upon - And other relevant laws - To embark on strike action (H5) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

CONSTITUTIONAL LAW - Words - Clarity - Constitution 1999, s. 251(1)(i) - Omission of the word “of” - Did not make that section ambiguous - Or a failed constitutional provision (H2) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

CONTRACTS - Land law - Sale agreement - Memorandum, s. 4 Statutes of Fraud 1677 - The fact that there was no written document - Confirms the findings - That there was no confirmed agreement of sale (H6) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

CONTRACTS - Courts - Delay in judgment - Evidence - Consensus ad idem - Where the trial court properly evaluated the evidence - And found there was no consensus ad idem - He did not lose his impression - Due to delay in delivering judgment (H3) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

CONTRACTS - Validity - Offer when accepted - Creates consensus ad idem - Counter offer by the offeree - Or qualified acceptance - Does not give rise to a binding contract (H8) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

COURTS - Amendment of Writ - Relief not sought - Writ of Summons - Where the omission therein is a mere irregularity - Trial Court’s suo motu grant of an amendment - Did not occasion miscarriage of justice (H3) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

COURTS - Claims - Relief not sought - In a party’s pleadings - Should not be granted by the court (H3) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

COURTS - Counter claim - Fair hearing - Trial court’s dismissal of the counter claim - Without hearing the defendants - Is not fair (H5) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

COURTS - Evidence - Cross examination - Though the evidence was not challenged - The Court will not act upon incredible evidence (H5) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

COURTS - Fair hearing - Retrial - Where right to fair hearing was breached - The entire proceedings are a nullity - And retrial will be ordered (H6) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

COURTS - Federal High Court - Jurisdiction - Extradition matters - Clear words of a statute - Must be given their ordinary and plain meaning - Conferring jurisdiction on the Federal High Court (H1) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

COURTS - Issues - Suo Motu raising of - Pleadings - Where non of the parties raised the issue of fraud - Trial Court was wrong - To raise and decide it suo motu (H4) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

COURTS - Judgments - Binding effect of strike action - Where there is a subsisting judgment - Restraining respondents from embarking on any strike - It remains binding until set aside (H3) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

COURTS - Judgments - Delay - S. 258(4) 1979 Constitution - Where judgment was given after over 6 months - From date of final addresses - It will not be nullified - If the delay did not lead to loss of impression - Made by witnesses on the trial judge (H4) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

COURTS - Judgments - Delay - Where the trial court properly evaluated the evidence - And found there was no consensus ad idem - He did not lose his impression - Due to delay in delivering judgment (H3) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

COURTS - Judgments - Principles of law - Where abandoned by counsel - Or not referred to at all - The judge has liberty to apply them (H7) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

COURTS - Jurisdiction - Removal of - Constitution - Extradition matters - Where the Constitution confers jurisdiction - It cannot be lightly divested (H4) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

COURTS - Legislation - Interpretation - Immunity - Constitution 1999 s. 308(1) - That granted immunity from being sued personally to Governors - Without disabling them from suing another - Can only be amended by the legislature not court - And it is not an issue of fair hearing (H5) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

COURTS - Orders - Rule of law - Strike action - Democracy - To ridicule a court’s order - Is an onslaught on democracy - Such order’s - remain binding - And must be obeyed (H7) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

CRIMINAL LAW - Extradition matters - Jurisdiction - Clear words of a statute - Must be given their ordinary and plain meaning - Conferring jurisdiction on the Federal High Court (H1) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

CRIMINAL LAW - Interpretation of statutes - Extradition Act s. 21(1) - Fugitive criminal - Definition of - Being precise and unambiguous - Court will not import words - That will violate intent and meaning (H5) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

DAMAGES - Land law - Trespass - Exemplary damages - Award of N200,000.00 as general damages - Will not be interfered with - Where exemplary damages - Would have been granted if claimed (H11) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

DAMAGES - Master & servant - Illness - Damages claimed for illness - Where employer did not cause that illness - The damages will not be granted (H8) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

DOCUMENTS - Land law - Sale agreement - Memorandum, s. 4 Statutes of Fraud 1677 - The fact that there was no written document - Confirms the findings - That there was no confirmed agreement of sale (H6) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

DOCUMENTS - Presumption - Notice to produce - Failure by a party to produce evidence - Which could be produced - Raises a presumption - That it is unfavourable to that party (H6) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

EQUITY - Land law - Sale - Title - Equitable interest - Payment of purchase price and possession - Is not evidence of equitable interest in all cases (H9) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

EVIDENCE - Affidavits - Where attached documents - Were not retracted - It goes to support alleged disrespect - To court orders (H4) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

EVIDENCE - Appeals - Evaluation - Master & Servant - Pension - Where trial court did not evaluate the evidence - Appellate court will do so in appropriate cases - And appellant is entitled to pension benefits (H4) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

EVIDENCE - Cross examination - Unchallenged evidence - Master & Servant - Inconvenience allowance claim - Though the evidence was not challenged - The Court will not act upon incredible evidence (H5) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

EVIDENCE - Documents - Land law - Sale agreement - Memorandum, s. 4 Statutes of Fraud 1677 - The fact that there was no written document - Confirms the findings - That there was no confirmed agreement of sale (H6) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

EVIDENCE - Evaluation - Contracts - Consensus ad idem - Where the trial court properly evaluated the evidence - And found there was no consensus ad idem - He did not lose his impression - Due to delay in delivering judgment (H3) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

EVIDENCE - Evaluation - Meaning - Master & servant - Medical allowance - Where appellant was still under employment - When the illness arose - He is entitled to cost of treatment (H7) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

EVIDENCE - Master & servant - Documents - Notice to produce - Failure by a party to produce evidence - Which could be produced - Raises a presumption - That it is unfavourable to that party (H6) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

EVIDENCE - Pleadings - Proof - Admission - Master & servant - Retirement benefits - Where the benefit in issue is admitted - No further proof is needed (H3) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

FAIR HEARING - Breach - Retrial - Where right to fair hearing was breached - The entire proceedings are a nullity - And retrial will be ordered (H6) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

FAIR HEARING - Courts - Counter claim - Trial court’s dismissal of the counter claim - Without hearing the defendants - Is not fair (H5) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

INTERNATIONAL LAW - Interpretation - Extradition Act s. 21(1) - Fugitive criminal - Definition of - Being precise and unambiguous - Court will not import words - That will violate intent and meaning (H5) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

INTERNATIONAL LAW - Interpretation - Jurisdiction - Extradition matters - Clear words of a statute - Must be given their ordinary and plain meaning - Conferring jurisdiction on the Federal High Court (H1) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

JUDGMENTS - Appeals - Interference - Trial court’s finding - Is presumed to be correct - Burden of proving that the judgment is wrong - Is on the appellant (H10) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

JUDGMENTS - Binding effect of strike action - Where there is a subsisting judgment - Restraining respondents from embarking on any strike - It remains binding until set aside (H3) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

JUDGMENTS - Claims - Relief not sought - In a party’s pleadings - Should not be granted by the court (H3) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

JUDGMENTS - Courts - Principles of law - Where abandoned by counsel - Or not referred to at all - The judge has liberty to apply them (H7) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

JUDGMENTS - Delay - Evidence - Where the trial court properly evaluated the evidence - And found there was no consensus ad idem - He did not lose his impression - Due to delay in delivering judgment (H3) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

JUDGMENTS - Delay - S. 258(4) 1979 Constitution - Where judgment was given after over 6 months - From date of final addresses - It will not be nullified - If the delay did not lead to loss of impression - Made by witnesses on the trial judge (H4) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

JUDGMENTS - Orders - Rule of law - Strike action - Democracy - To ridicule a court’s order - Is an onslaught on democracy - Such order’s - remain binding - And must be obeyed (H7) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

JURISDICTION - Extradition matters - Jurisdiction therein - Should be as under the Constitution - That now modifies the Extradition law (H3) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

JURISDICTION - Removal of - Constitution - Extradition matters - Where the Constitution confers jurisdiction - It cannot be lightly divested (H4) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

JURISDICTION - Statutes - Extradition matters - Clear words of a statute - Must be given their ordinary and plain meaning - Conferring jurisdiction on the Federal High Court (H1) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

JUSTICE - Irregularity - Relief not sought - Writ of Summons - Where the omission therein is a mere irregularity - Trial Court’s suo motu grant of an amendment - Did not occasion miscarriage of justice (H3) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

JUSTICE - Technicalities - Rules of Court - Non compliance - Technicalities - Oyo State HCR O. 2 r. 1 - Where plaintiff’s place of abode - Was not inserted in the Writ of Summons - It will be overlooked - As no miscarriage of justice was occasioned thereby (H1) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

LAND LAW - Counter claims - Proprietry right - Agency commission - Where not established - They were rightly dismissed (H12) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

LAND LAW - Damages - Trespass - Exemplary damages - Award of N200,000.00 as general damages - Will not be interfered with - Where exemplary damages - Would have been granted if claimed (H11) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

LAND LAW - Sale - Governor’s consent - Where there was no completed contract of sale - The issue of who is to obtain Governor’s consent - Is not relevant (H5) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

LAND LAW - Sale - Title - Equitable interest - Payment of purchase price and possession - Is not evidence of equitable interest in all cases (H9) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

LAND LAW - Sale agreement - Memorandum, s. 4 Statutes of Fraud 1677 - The fact that there was no written document - Confirms the findings - That there was no confirmed agreement of sale (H6) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

LAND USE ACT - Sale of land - Governor’s consent - Where there was no completed contract of sale - The issue of who is to obtain Governor’s consent - Is not relevant (H5) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

LEGAL PRACTITIONERS - Courts - Judgments - Principles of law - Where abandoned by counsel - Or not referred to at all - The judge has liberty to apply them (H7) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

LEGAL PRACTITIONERS - Inadvertence - Writ of summons - Failure of counsel to endorse it - Should not be visited on his client - Unto nullification of the Writ (H2) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

LEGISLATION - Actions - Courts - Immunity - Fair hearing - Constitution 1999 s. 308(1) - That granted immunity from being sued personally to Governors - Without disabling them from suing another - Can only be amended by the legislature not court - And it is not an issue of fair hearing (H5) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

MASTER & SERVANT - Allowance - Evidence - Evaluation - Medical allowance - Where appellant was still under employment - When the illness arose - He is entitled to cost of treatment (H7) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

MASTER & SERVANT - Damages - Illness - Damages claimed for illness - Where employer did not cause that illness - The damages will not be granted (H8) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

MASTER & SERVANT - Evidence - Inconvenience allowance - Claim for - Though the evidence was not challenged - The Court will not act upon incredible evidence (H5) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

MASTER & SERVANT - Housing fund - Documents - Notice to produce - Failure by a party to produce evidence - Which could be produced - Raises a presumption - That it is unfavourable to that party (H6) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

MASTER & SERVANT - Pension Appeals - Evidence - Evaluation - Master & Servant - Pension - Where trial court did not evaluate the evidence - Appellate court will do so in appropriate cases - And appellant is entitled to pension benefits (H4) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

MASTER & SERVANT - Retirement benefits - Admission - Where the benefit in issue is admitted - No further proof is needed (H3) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

MOTIONS - Appeals - Preliminary Objection - Abandonment of - Where the objection is not moved it is deemed abandoned (H1) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

ORDERS OF COURT - Disrespect to - Strike moves - Affidavits - Where attached documents - Were not retracted - It goes to support alleged disrespect - To court orders (H4) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

ORDERS OF COURT - Rule of law - Strike action - Democracy - To ridicule a court’s order - Is an onslaught on democracy - Such order’s - remain binding - And must be obeyed (H7) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

PARTIES - Blame - Legal Practitioners - Inadvertence - Writ of summons - Failure of counsel to endorse it - Should not be visited on his client - Unto nullification of the Writ (H2) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

PLEADINGS - Courts - Issues - Where non of the parties raised the issue of fraud - Trial Court was wrong - To raise and decide it suo motu (H4) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

PLEADINGS - Proof - Admission - Master & servant - Retirement benefits - Where the benefit in issue is admitted - No further proof is needed (H3) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

PLEADINGS - Reliefs - Separate and distinct stating of - O.25 r. 12(1) Ondo State HCR - Was not violated - By appellant’s statement of claim (H2) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

PRACTICE & PROCEDURE - Actions - Facts - Cause of action - Is the totality of material facts - Necessary to establish a legal right - In each particular case (H1) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

PRACTICE & PROCEDURE - Actions - Reliefs - Separate and distinct stating of - O.25 r. 12(1) Ondo State HCR - Was not violated - By appellant’s statement of claim (H2) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

PRACTICE & PROCEDURE - Documents - Notice to produce - Failure by a party to produce evidence - Which could be produced - Raises a presumption - That it is unfavourable to that party (H6) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

PRACTICE & PROCEDURE - Issues - Courts - Pleadings - Where non of the parties raised the issue of fraud - Trial Court was wrong - To raise and decide it suo motu (H4) Unokan Ent. Ltd. v. Omuvwie (2005) 12 KLR (pts. 204-207) 3159 CA

 

PRACTICE & PROCEDURE - Rules of Court - Non compliance - Technicalities - Oyo State HCR O. 2 r. 1 - Where plaintiff’s place of abode - Was not inserted in the Writ of Summons - It will be overlooked - As no miscarriage of justice was occasioned thereby (H1) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

RULES OF COURT - Appeals - Preliminary objection - Service of notice of O 3 r. 15 (i) CA Rules - Where served instantly - Without 3 clear days notice - The court lacks jurisdiction - Even where no objection was raised - About the wrongful service (H2) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

RULES OF COURT - Non compliance - Technicalities - Oyo State HCR O. 2 r. 1 - Where plaintiff’s place of abode - Was not inserted in the Writ of Summons - It will be overlooked - As no miscarriage of justice was occasioned thereby (H1) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

RULES OF COURT - Reliefs - Separate and distinct stating of - O.25 r. 12(1) Ondo State HCR - Was not violated - By appellant’s statement of claim (H2) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

STATUTES - Clarity - Constitution 1999, s. 251(1)(i) - Omission of the word “of” - Did not make that section ambiguous - Or a failed constitutional provision (H2) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

STATUTES - Hierarchy of laws - Grundnorm - Interpretation of the Constitution - Liberalism - Extradition matters - Jurisdiction therein - Should be as under the Constitution - That now modifies the Extradition law (H3) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

STATUTES - Interpretation - Extradition Act s. 21(1) - Fugitive criminal - Definition of - Being precise and unambiguous - Court will not import words - That will violate intent and meaning (H5) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

STATUTES - Interpretation - Jurisdiction - Extradition matters - Clear words of a statute - Must be given their ordinary and plain meaning - Conferring jurisdiction on the Federal High Court (H1) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

STATUTES - Land law - Sale agreement - Memorandum, s. 4 Statutes of Fraud 1677 - The fact that there was no written document - Confirms the findings - That there was no confirmed agreement of sale (H6) Dahiru v. Kamale (2005) 6 KLR (pt. 198) 1621 CA

 

STATUTES - Trade Unions - Strike action - Nigeria Labour Congress - Is not authorized by the section of the Constitution - It relied upon - And other relevant laws - To embark on strike action (H5) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

STATUTES - Trade Unions - Strikes - Definition - Under trade Dispute Act - Strike is defined as cessation of work - By employed body of persons - To compel their employer accept terms of employment (H6) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

TRADE UNIONS - Strike - Nigeria Labour Congress - Strike over increase in pumps price of petroleum products - Though in good spirit - Is illegal - Dialogues will achieve more positive results (H8) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

TRADE UNIONS - Strike action - Nigeria Labour Congress - Is not authorized by the section of the Constitution - It relied upon - And other relevant laws - To embark on strike action (H5) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

TRADE UNIONS - Strike action - Orders of court - Democracy - To ridicule a court’s order - Is an onslaught on democracy - Such order’s - remain binding - And must be obeyed (H7) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

TRADE UNIONS - Strikes - Definition - Under trade Dispute Act - Strike is defined as cessation of work - By employed body of persons - To compel their employer accept terms of employment (H6) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

WORDS & PHRASES - Cause of action - Is the totality of material facts - Necessary to establish a legal right - In each particular case (H1) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

WORDS & PHRASES - Evaluation - Meaning - Master & servant - Medical allowance - Where appellant was still under employment - When the illness arose - He is entitled to cost of treatment (H7) Udoh v. Okitipupa Oil Palm Plc. (2005) 12 KLR (pts. 204-207) 3131 CA

 

WORDS & PHRASES - Extradition Act - Fugitive criminal - Definition of - Being precise and unambiguous - Court will not import words - That will violate intent and meaning (H5) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

WORDS & PHRASES - “Of” - Statutes - Clarity - Constitution 1999, s. 251(1)(i) - Omission of the word “of” - Did not make that section ambiguous - Or a failed constitutional provision (H2) Orhiunu v. F.R.N (2005) 10 KLR (pts. 204-207) 2679 CA

 

WORDS & PHRASES - Trade Unions - Strikes - Definition - Under trade Dispute Act - Strike is defined as cessation of work - By employed body of persons - To compel their employer accept terms of employment (H6) Oshiomhole v. F.G.N. (2005) 6 KLR (pt. 199) 1825 CA

 

WRIT OF SUMMONS - Amendment of - Where the omission therein is a mere irregularity - Trial Court’s suo motu grant of an amendment - Did not occasion miscarriage of justice (H3) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

WRIT OF SUMMONS - Nullification of - Inadvertence - Failure of counsel to endorse it - Should not be visited on his client - Unto nullification of the Writ (H2) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

WRIT OF SUMMONS - Rules of Court - Non compliance - Technicalities - Oyo State HCR O. 2 r. 1 - Where plaintiff’s place of abode - Was not inserted in the Writ of Summons - It will be overlooked - As no miscarriage of justice was occasioned thereby (H1) Media Tech. (Nig.) Ltd. v. Adesina (2005) 10 KLR (pts. 204-207) 2665 CA

 

 

 

 

 

 

 

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS