COMPREHENSIVE INDEX TO ALL

SUPREME COURT 2006 DECISIONS

 

ACCIDENTS - Dangerous driving - Causing death by - Federal Highway Decree ss. 4 & 5(1) - Same facts are necessary to prove offences under both sections - Though a resultant death must also be proved in respect of s. 4 (H1) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

ACCIDENTS - Defences - Accident - Test for the defence - Is whether act was done independently of the will - Of accused person - Or resultant event is totally unexpected - In the ordinary course of events - Accused herein failed to prove either (H2) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

ACCIDENTS - Motor accident - Findings - Sketch map drawing - Most important point therein - Is in whose lane the point of impact occurred - And concurrent findings on this issue - Will not be disturbed (H3) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

ACCIDENTS - Negligence - Medical matter - Res ipsa loquitur - Burden of proof on plaintiff - Was not discharged - As defendants showed the event to be accidental - And not a breach of duty of care (H9) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

ACTIONS - Advocates - Role in litigation process - Is to supply law and law only - Not facts - It is parties that supply facts - Court should reject fact emanating from counsel qua advocate (H4) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

ACTIONS - Affidavits - Abuse of court’s process - Averment that suit is in bad faith - And in collusion with plaintiffs in former suit - Though not countered - Is not substantiated by evidence (H4) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

ACTIONS - Appeals - Relief - Not considered by trial court - Was Wrongfully granted by Court of Appeal - Seeing that where a court grants the 1st relief - It is precluded from pronouncing on the alternative relief (H5) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

ACTIONS - Authorization - Constitutional law - State of emergency declaration - Where suit is not authorized by the State Administrator - It is not authorized by the plaintiffs (H2) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

ACTIONS - Breach of contract - Ingredients of - To succeed in an action for breach - Plaintiff must prove both existence of contract - And breach by defendant - As done by present plaintiff (H5) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

ACTIONS - Cause of action - Unlawful expulsion - Commencement of action - Such action is to be commenced - By a writ of summons - Under applicable Rules of Court (H3) University of Ilorin v. Oluwadare (2006) 7 KLR (pt. 223) 2951; (2006) 14 NWLR (Pt. 1000) 751

 

ACTIONS - Cause of action - Election Petition - As shown clearly by plaintiff’s claim - Subject matter of the suit is election petition - Already concluded by Court of Appeal - Federal High Court was therefore right - To decline jurisdiction (H3) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

ACTIONS - Cause of action - Meaning of - It is a set of facts and circumstances - Giving rise to the right to file a claim - In court for remedy (H5) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

ACTIONS - Chieftaincy - Applicable declaration - Is the one in existence - At the time cause of action arose - And not the law in force - At time of invoking court’s jurisdiction (H1) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

ACTIONS - Chieftaincy Matters - Declaratory Relief - Jurisdiction of High Court - Extends to the granting of declaratory reliefs in chieftaincy matters (H1) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

ACTIONS - Claim - Basis of - It is evident - On the pleadings - That this action is not based on contract - But on the legal effects - Of creation of states (H2) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

ACTIONS - Claim - Creation of States - Committees - Liability of defendant - Determination - Without direct challenge of Afolayan reports - They displace Salihu recommendations - As basis of defendant’s liability herein (H7) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

ACTIONS - Claim - Illegality - Before a claim can be ex-facie illegal - It will be apparent that it is illegal - And in breach of a specific law (H2) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

ACTIONS - Claim - Title - Boundary - Scope - To ascertain plaintiff’s claim - It is necessary to examine - Not only the writ and statement of claim - But also plans filed along - With the statement of claim (H2) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

ACTIONS - Claims - Basis - Where plaintiff’s claim - Expressed to be based on negligence - Has to be sustained - By reference to a contract - Then the action is based on contract (H4) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

ACTIONS - Claims - Damages - Special and General - Distinction - Special damages must be pleaded - And strictly proved - But general damages is presumed from offending act - It is bad procedure to lump them together in a head of claim (H3) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

ACTIONS - Claims - Inelegant drafting of - Though Respondent’s claim is inelegantly drafted - He is entitled to the relief sought - As courts aim at doing substantial justice - Without undue adherence to technicalities (H4) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

ACTIONS - Claims - Specific performance - Damages - Where claimed in the alternative - Claim for specific performance is jettisoned (H2) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

ACTIONS - Commencement of - Originating Summons - When proceedings can be commenced thereby - Are as stated under the High Court Rules - Questions in this suit - Do not fall within the provision of the Rules (H1) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

ACTIONS - Compensation for land - Declaration of title - Need not be claimed - In order to succeed in a claim for compensation for land (H2) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

ACTIONS - Competence - Commencement - Common law claims - Where initiated vide Fundamental Rights Procedure - It is a fundamental breach - That makes the claims incompetent (H3) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

ACTIONS - Competence - Constitutional law - Criminal prosecution - Powers of the Attorney-General - Can be delegated to Ministry of Justice officers (H4) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

ACTIONS - Competence - Jurisdiction - Allegation of incompetence of action - Raises issue of jurisdiction of Court - Which ought to be dealt with first and foremost (H1) Ofia v. Ejem (2006) 5 KLR (pt. 217) 1697; (2006) 11 NWLR (Pt. 992) 652

 

ACTIONS - Competence - Jurisdiction - Reliefs claimed - Sole reference to its nature - Is what determines jurisdiction - And competence of the action (H1) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

ACTIONS - Competence - Statute bar - Cause of action - Is the factual situation - Giving a person right to judicial relief - So it can only accrue in contract - Upon breach by defendant (H1) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

ACTIONS - Consolidated suits - Separate decision on each suit is necessary - But manner of doing it - Depends on the nature of the suits (H3) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

ACTIONS - Constitutional law - State of emergency - Declared by the President under s.305 1999 Constitution - Action challenging its constitutionality - Cannot be declared dead or academic (H1) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

ACTIONS - Counsel - Delay tactics - Advice to client - Should be given in the light of the applicable law - In a manner that will not mislead the novice client (H6) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

ACTIONS - Counsel - Litigation - Meaning - Defence counsel - Needs to painstakingly defend the action - Avoiding trickish presentation of the case - Which is not part of good advocacy (H7) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

ACTIONS - Counterclaim - Creation of States - Assets & liabilities - Joint ownership of - Is not prohibited by s. 7(1) of the State Creation Act 1996 - So that defendant’s counterclaim - To sole ownership of landed property located outside the old Rivers State - Has no foundation (H6) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

ACTIONS - Counterclaim - Is a substantive action - Which must be proved - To satisfaction of court - To entitle counter claimant to judgment (H4) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

ACTIONS - Court processes - Originating processes - Service of - Object is to give notice to defendant - Of claims against him - And so afford him opportunity to resist them (H2) Kida v. Ogunmola (2006) 6 KLR (pt. 220) 2137; (2006) 13 NWLR (Pt. 997) 377

 

ACTIONS - Court processes - Writ of summons - Substituted service of - Should not be ordered on defendant - Living outside jurisdiction when writ was issued - As defendant must be within jurisdiction - To be bound by writ so served (H1) Kida v. Ogunmola (2006) 6 KLR (pt. 220) 2137; (2006) 13 NWLR (Pt. 997) 377

 

ACTIONS - Courts - Duty of - Is to determine all disputes properly brought before them - Guided by rules of law and procedure - As done by the 2 lower courts in this case (H9) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

ACTIONS - Damages - Award of - Currency - Fairness - Where the circumstances justify - That the award be in foreign currency - The Court should do so (H3) Afribank Plc. v. Akwara (2006) 1 KLR (pt. 208) 1; (2006) 5 NWLR (Pt. 974) 619

 

ACTIONS - Damages - Evidence of - Sufficiency - Where the evidence of damages is not sufficient - Court of Appeal rightly reduced - The trial court’s award (H8) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

ACTIONS - Defence - Right of appeal - Unconditional leave to defend an action - Where granted by the High court - Cannot be appealed against vide s. 220(2)(a) 1979 Constitution (H1) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

ACTIONS - Dismissal - Rivers State High Court Rules - O. 37 r. 8 - Gives trial court authority to dismiss suit - Where plaintiff is absent and defendant present - On date of hearing (H1) Banna v. Telepower Ltd (2006) 7 KLR (pt. 222) 2621; (2006) 15 NWLR (Pt. 1001) 198

 

ACTIONS - Estoppel - Application - Preconditions for - Earlier decision must be final - Must be on same question - And between same parties - Instant case does not satisfy these conditions (H3) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

ACTIONS - Estoppel - Effect of - Once an issue is determined - In an earlier action - By a court of competent jurisdiction - Neither party can re-litigate on it - Personally or by privy ((H2) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

ACTIONS - Estoppel - Res judicata - Ingredients - The parties, the issues and the subject matter - In the previous action - Must be same as in the present action (H2) Ajiboye v. Ishola (2006) 6 KLR (pt. 221) 2253; (2006) 13 NWLR (Pt. 998) 628

 

ACTIONS - Failed Banks - Decree 1999 ss. 2 and 3 - Scope of - Jurisdiction conferred on Federal High Court thereunder - Does not include matters already determined by the Tribunal - And for which time of appeal has passed (H3) Arewa Paper Converters Ltd v. N.I.D.C. Ltd (2006) 7 KLR (pt. 223) 2741; (2006) 15 NWLR (Pt. 1002) 404

 

ACTIONS - Hearing notices - Fairness in natural justice - Fair hearing - Non-issuance of hearing notice - Where it amounts to breach of fair hearing - Will render proceedings null and void - And result in it being set aside (H3) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

ACTIONS - Hearing of - Motion to arrest judgment - Onyekwuluje case - Decided that a court must hear a motion - Or any process before it - Even if improperly filed (H2) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

ACTIONS - Income tax - Companies - Name for criminal prosecution - Can be the corporate name alone (H3) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

ACTIONS - Issues - Raised by parties - Courts are not bound - To answer any question raised by litigants - Unless the point is necessary and material - For resolution of the case before it - As courts do not engage in academic exercise (H2) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

ACTIONS - Judgments - Consent judgment - Is as effective as usual judgment - In all matters settled therein - And such settled questions - Were wrongfully reopened in this case (H4) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

ACTIONS - Jurisdiction - Is determined by the nature of plaintiff’s claim (H2) Intergrated Timber & Plywood Ltd v. Union Bank Plc. (2006) 5 KLR (pt. 218) 1753; (2006) 12 NWLR (Pt. 995) 483

 

ACTIONS - Jurisdiction - Negligence and breach of contract claim - Having nothing to do with marine navigation - Nor monetary policy of the government - State High Court has jurisdiction (H1) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

ACTIONS - Jurisdiction - Objection to - Time to raise - Being a threshold issue - Objection to jurisdiction should be raised - At earliest opportunity at any stage - Sufficient facts are available (H3) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

ACTIONS - Jurisdiction - Over actions - Not initiated by due process - Where an action is brought otherwise than by due process - Court lacks jurisdiction to entertain same - As it is not properly before it (H2) University of Ilorin v. Oluwadare (2006) 7 KLR (pt. 223) 2951; (2006) 14 NWLR (Pt. 1000) 751

 

ACTIONS - Jurisdiction - Reliefs - Principal relief in the Third Party Notice - Emanates from Pre-Shipment Inspection duty - Thereby making State High Court - To lack jurisdiction (H4) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

ACTIONS - Jurisdiction - Reliefs - Third Party Proceedings - Tukur case - Was wrongfully relied upon by lower court - On issue of principal and ancillary reliefs - In assigning jurisdiction to State High Court (H3) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

ACTIONS - Jurisdiction - Statement of defence - Ought to have been filed - Before challenging the court’s jurisdiction - State High Court has jurisdiction - In this simple contract matter (H2) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

ACTIONS - Land matters - Abuse of court’s process - Issues and nature of disputes - In the two actions - Support lower courts’ findings - Of no multiplicity or abuse of court’s process (H3) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

ACTIONS - Legal practitioners - Engagement of - Litigant is free to engage - And to disengage counsel of his choice - At any time (H3) Ogundimu v. Kasunmu & Ors. (2006) 6 KLR (pt. 220) 2155

 

ACTIONS - Limitation - Period of - Determination - It is determined by comparing - The date cause of action arose - With the date on which the Writ was filed - To know if period in between - Exceeded that allowed (H6) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

ACTIONS - Limitation law - Nature of - Right of lien can be exercised where an action is limited - Statutes of limitation are procedural - And can be retrospective (H2) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

ACTIONS - Limitation law - Retrospective construction of statutes - Presumption against - Does not affect laws on practice and procedure of the courts (H1) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

ACTIONS - Limitation of - Detinue claim - In respect of property being wrongfully detained - May not be deemed limited - Until Statement of Claim is filed (H4) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

ACTIONS - Limitation of - Statute Bar - Banking - Overseas remittance - Respondent’s cause of action - To reclaim its unremitted money - Accrued only when it became aware of exhibit C (H2) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

ACTIONS - Limitation of - Statutes - Retrospective provisions of - Apply in this case to bar some of the claims - As rightly held by the lower court (H3) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

ACTIONS - Limitation period - Time starts to run - When all the facts - Needed to be proved - Have occurred (H1) Nigerian Ports Authority v. Ajobi (2006) 7 KLR (pt. 222) 2667; (2006) 13 NWLR (Pt. 998) 477

 

ACTIONS - Locus standi - Appeals - Invalid grant of right of occupancy - Failure of government - To continue in appeal proceedings - Does not remove locus standi of 1st respondent (H9) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

ACTIONS - Locus standi - Banking - Foreign exchange procurement - Where the Bank failed to procure the agreed foreign exchange - Plaintiff has the locus to sue (H3) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

ACTIONS - Locus standi - Challenge to - Although in determining locus - A perusal of Statement of claim will suffice - Once the locus is being challenged by opposing party - A Statement of Defence is very necessary (H1) Disu v. Ajilowura (2006) 7 KLR (pt. 223) 2805; (2006) 14 NWLR (Pt. 1000) 783

 

ACTIONS - Locus standi - Companies - Tribunal of Inquiry - Where set up to investigate matters - Affecting the shares of a limited liability company - Respondent companies have locus to sue - As the decision of the Tribunal may affect them (H1) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

ACTIONS - Locus standi - Family property - Capacity to sue thereon - Any member of the family - Whose interest is threatened - Can sue to protect his interest - With or without consent - Of other members of the family (H4) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

ACTIONS - Mistake of counsel - Noncompliance with procedural rules - Judicial attitude thereto - Whenever plaintiff establishes a wrong inflicted on him by defendant - Remedy should be granted - In spite of procedural defects - As parties should not be punished - For their counsel’s mistake (H5) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

ACTIONS - Objection - Multiplicity - Abuse of court’s process - Same parties and issues should exist - In the two suits - As mere fact of same subject matter - Will not sustain a preliminary objection (H2) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

ACTIONS - Parties - Abuse of court process - Where the parties are different - And the reliefs are not the same - The action is not an abuse of Court process (H4) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

ACTIONS - Parties - Appearances - Claims - Proof of - Parties need not appear in person to give evidence on own behalf - Provided they could otherwise present their case (H12) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

ACTIONS - Parties - Bracket - Definition - Entity sued - Words that appear in bracket - Was for purpose of qualifying that entity - And not meant to be another party (H2) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

ACTIONS - Parties - Competence of persons - To file actions - Competency of persons to sue - Is a jurisdictional issue - As such it can be raised at any time - Even before the Supreme Court (H2) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

ACTIONS - Parties - Mistake - Identity of party being sued - Where a defendant was wrongfully stated - To be owner of a vessel - It will amount to a mistake as to identity (H1) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

ACTIONS - Parties - Status - Bank - Definition of - A financial institution - Can never be a Bank (H1) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

ACTIONS - Parties’ name - Supreme Court Act s.20 - Where action is filed in the name of a State - Or its House of Assembly - It is a procedural irregularity - That can be waived (H5) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

ACTIONS - Powers - Income tax - Power of the respondent to sue defaulters - Is not limited to civil actions - But includes criminal prosecution (H2) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

ACTIONS - Preliminary objections - Issues of law - Modality for raising issues of law - Is by the pleadings - Appellants ought to have filed statement of defence - Stating their objection therein (H3) Disu v. Ajilowura (2006) 7 KLR (pt. 223) 2805; (2006) 14 NWLR (Pt. 1000) 783

 

ACTIONS - Proof - Affidavits - Motions - Failure to file counter affidavit - Will not make an application successful - Where the deemed admitted averments - Do not support applicant’s case (H1) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

ACTIONS - Proof - Failure of defendant to adduce evidence - Minimum evidence adduced by plaintiff - Will be taken as sufficient proof of the case (H7) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

ACTIONS - Proof - Onus of - Claim for declaration of title - Though plaintiff must succeed on strength of own case - Plaintiff may support own case with any evidence by defence - Once such is admitted (H2) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

ACTIONS - Reliefs - Contracts - Damages for breach - Was claimed as alternative relief - And alternative relief is considered - Only where main relief fails - Or is abandoned as in this case (H2) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

ACTIONS - Reliefs - Declaratory relief - Cannot be granted without plaintiff leading evidence - Even if the claim was admitted (H6) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

ACTIONS - Reliefs - Granting of - Court is confined to the reliefs of the plaintiff - Defendant can only seek reliefs - Where he counter claims (H25) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

ACTIONS - Reliefs - Issues - Manner of framing the remedy being sought - Should not be dictated by court - Whose role is to consider whether sufficient evidence was led (H1) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

ACTIONS - Reliefs - Nature of - Except relief claimed - Is in the main an enforcement of fundamental rights - It should not be brought - Under the Fundamental Rights Rules (H1) University of Ilorin v. Oluwadare (2006) 7 KLR (pt. 223) 2951; (2006) 14 NWLR (Pt. 1000) 751

 

ACTIONS - Reliefs lost - Stay of execution - What court would consider - Before granting a stay - Includes ensuring that a party - Does not obtain the very reliefs he lost (H4) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

ACTIONS - Remedy - Specific performance - Basis for the grant - It may be refused - In case of severe hardship to defendant (H1) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

ACTIONS - Representative actions - When appropriate - Where those represented and their representatives - Have common interest and common grievance - As is the case in the instant action - Representative action will be in order (H5) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

ACTIONS - Representative capacity - Essential requirements for - As listed in Olatunji case - Which include requirement of same interest of those represented - Were not satisfied in this action (H2) Ofia v. Ejem (2006) 5 KLR (pt. 217) 1697; (2006) 11 NWLR (Pt. 992) 652

 

ACTIONS - Right of action - Limitation Law - Scope of - It not only denies the right of action - But extinguishes title - At the expiration of twenty years for state - And twelve years for others (H4) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

ACTIONS - Supreme Court - Original jurisdiction - S.232(1) 1999 Constitution - Claims or reliefs for individual persons - The Court has no original jurisdiction - To entertain them (H3) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

ACTIONS - Supreme Court - Preliminary Objection - That is ambiguous - Would fail (H6) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

ACTIONS - Taxation - Appeals - Leave - Representative action - As there is a common interest - On the issue of 1st respondent’s vires - To reassess appellants’ taxation - A representative capacity would avail appellants (H8) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

ACTIONS - Title - Claim to - Failure of plaintiff to prove his claim to title - And consequent dismissal of his claim by court - Does not automatically confer the title to defendant (H1) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

ACTIONS - Torts - Injurious or malicious falsehood - Ingredients of the claim - Which include falsehood, malice and damages - Are established by plaintiff (H6) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

ACTIONS - Torts - Procedure for filing claims - Where the principal claims are tortious - Writ of summons is proper - Not Fundamental Rights Procedure (H2) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

ACTIONS - Writ of summons - Misnomer - Suit against a party in a wrong name - Adding a different party - After expiration of limitation period - Is not a misnomer as in this case (H3) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

ADJOURNMENTS - Motions - Fair hearing - Where applicant has finished moving his motion - Grant of application for adjournment to respondent - At that stage on a flimsy reason - Will not be proper (H3) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

ADMINISTRATIVE LAW - Delegation - Criminal prosecution - Powers of the Attorney-General - Can be delegated to Ministry of Justice officers (H4) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

ADMINISTRATIVE LAW - Injunctions - Propriety of - Completed act - After an improper removal from office - Where the office is protected by law - Injunctive order could still lie - As such removal is null and void (H4) Governor Kwara State v. Ojibara (2006) 12 KLR (pt. 226) 3679; (2006) 18 NWLR (Pt. 1012) 645

 

ADMINISTRATIVE LAW - Justice - Judicial review - Tribunals - As rules of natural justice - Are now to be observed by all bodies - It is no longer necessary - Differentiating between their nature - As all tribunals are to observe rules of natural justice - Be they judicial or executive bodies (H3) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

ADMINISTRATIVE LAW - Limitation of powers - Constitutionality - Rule of law - Accountability - The desire to enhance accountability - In the psyche of the nation - Should not authorize State organs - To act beyond their constitutional limits (H10) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

ADMINISTRATIVE LAW - Public service - Companies - Shares - Constitutional law - Where State Government has lost its status - Of majority shareholder in a company - Staff of and that company - Ceased to be part of that State’s public sector - And are out of reach of a Tribunal of Inquiry (H9) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

ADMIRALTY MATTERS - Federal High Court - Admiralty jurisdiction of - Does not extend to banker/customer relationship - Having been ousted by proviso to para (d) of s. 230(1) of 1979 Constitution (H1) Intergrated Timber & Plywood Ltd v. Union Bank Plc. (2006) 5 KLR (pt. 218) 1753; (2006) 12 NWLR (Pt. 995) 483

 

AFFIDAVITS - Counter affidavit - Abuse of court’s process - Averment that suit is in bad faith - And in collusion with plaintiffs in former suit - Though not countered - Is not substantiated by evidence (H4) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

AFFIDAVITS - Originating Summons - Disputed facts - Nature of the claims - And facts deposed in the supporting affidavit - Are what may disclose disputed facts - Even in the absence of counter affidavit (H3) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

AFFIDAVITS - Proof - Motions - Failure to file counter affidavit - Will not make an application successful - Where the deemed admitted averments - Do not support applicant’s case (H1) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

ALIBI - Defence of - Time element - Effect of failure to investigate the plea - Superior evidence crumbles the defence (H9) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

ALIBI - Murder - Proof - Evidential burden on accused - Where prosecution discharged its burden of proof - The defence of alibi is a mere farce (H10) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

ALIBI - Time - Implication of the defence - Time element - Should be to the minutest detail (H8) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

APPEALS - Abrogation of - Dictatorship - Lagos State Tribunals of Inquiry Law - Section of it - That made no provision for review or appeal - Is an enthronement of dictatorship - And glaringly unconstitutional (H4) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

APPEALS - Acquiescence - Reply - Where not filed at all - As required by the relevant Rules - Appellants cannot be said to have acquiesced - To what never existed (H7) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

APPEALS - Actions - Limitation of - Statutes - Retrospective provisions of - Apply in this case to bar some of the claims - As rightly held by the lower court (H3) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

APPEALS - Admissions - Findings of fact - Not appealed against - Stands admitted and undisputed (H3) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

APPEALS - Allegations - Record of the court - Allegation against the court - That is not substantiated - By the lower court’s record - Will not be upheld (H7) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

APPEALS - Appellate Court - Approach to findings of fact by trial court - Presumes the findings to be right - Placing onus on the party challenging them to show otherwise (H1) Onu v. Idu (2006) 6 KLR (pt. 220) 2195; (2006) 12 NWLR (Pt. 995) 657

 

APPEALS - Appellate courts - Jurisdiction - Once it is decided - That lower court - Lacked jurisdiction - Appellate Court - Is without jurisdiction - To look into merits of the appeal (H3) Ehuwa v. Ondo State Inde. Elect. Comm. (2006) 12 KLR (pt. 226) 3573; (2006) 18 NWLR (Pt. 1012) 544

 

APPEALS - Approval - Title - Findings of fact - Where found to be proper - Appellate court will approve them (H3) Awoyoolu v. Aro (2006) 2 KLR (pt. 210) 409; (2006) 4 NWLR (Pt. 971) 481

 

APPEALS - Arbitration -Venue - Arbitrator’s fixing of venue for proceeding abroad - Is not contrary to s. 16 of the Act - As rightly found by the Court of Appeal (H4) NNPC v. Lutin Investments Ltd (2006) 1 KLR (pt. 208) 59; (2006) 2 NWLR (Pt. 965) 506

 

APPEALS - Briefs - Allegation of going beyond the brief - Made against Court of Appeal - Is not substantiated (H9) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

APPEALS - Briefs - Issues - Properly distilled from grounds of appeal - Court need only consider these - Not the grounds themselves (H7) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

APPEALS - Briefs - Reply - O.6 r. 5 Court of Appeal Rules - Reply affords appellant opportunity - To respond to new points arising from Respondent’s brief - It is not mandatory - As claimed by the Appellant (H5) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

APPEALS - Briefs - Time within which to file - O.6 r.4 Court of Appeal Rules - Time within which to file respondent’s brief - Is 45 days from date of service of appellant’s brief (H6) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

APPEALS - Competence - Extension of time - Leave to amend - Where appellant fails to file the amended notice - Within the extension of time granted - There will be no competent appeal (H2) Afribank Plc. v. Akwara (2006) 1 KLR (pt. 208) 1; (2006) 5 NWLR (Pt. 974) 619

 

APPEALS - Competence - Issues - Formulation of - Issues for determination - Must be distilled from competent grounds of appeal - Else they are incompetent (H5) Ehuwa v. Ondo State Inde. Elect. Comm. (2006) 12 KLR (pt. 226) 3573; (2006) 18 NWLR (Pt. 1012) 544

 

APPEALS - Competence - Leave - Appellate jurisdiction of High Court - In Taxation matters from the decision of Tax Authority - Is not destroyed because the appeal before the High Court - Is pursuant to the High Court Rules - As provided by the relevant statute (H4) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

APPEALS - Competence - Leave - Tax Authority - S. 26 of the Finance Law - Confers right of appeal to the High Court - On person aggrieved by a decision on tax assessment - And appeal to Court of Appeal should be with leave - Vide s. 221 1979 Constitution (H3) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

APPEALS - Competence of - Preliminary objection to - Where raised in brief - But not moved at hearing - Preliminary Objection to appeal - Is deemed abandoned (H2) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

APPEALS - Concurrent findings - Based on properly evaluated evidence - Will not be disturbed - As no exceptional circumstance was shown (H5) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

APPEALS - Concurrent findings - Land law - Where the findings are not unjust or erroneous - Supreme Court will not disturb them (H6) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

APPEALS - Concurrent findings - Motor accident - Sketch map drawing - Most important point therein - Is in whose lane the point of impact occurred - And concurrent findings on this issue - Will not be disturbed (H3) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

APPEALS - Concurrent findings - Supported by evidence - Will not be interfered with by appellate court - In the absence of special circumstances (H3) Mbani v. Bosi (2006) 5 KLR (pt. 218) 1781; (2006) 11 NWLR (Pt. 991) 400

 

APPEALS - Concurrent findings - Supported by sufficient evidence - Should not be disturbed by appellate court - Unless the findings violate - Some principle of law or procedure (H4) M. O. Kanu, Sons & Co. Ltd v. First Bank Plc. (2006) 5 KLR (pt. 219) 1947

 

APPEALS - Concurrent findings - Where not shown to be perverse - Supreme Court will not interfere (H4) Amayo v. Erinmwingbovo (2006) 5 KLR (pt. 219) 1871; (2006) 11 NWLR (Pt. 992) 699

 

APPEALS - Concurrent findings - Will not be disturbed by Supreme Court - Unless it violates some principle of law or procedure - Which when corrected - Will overturn the findings (H2) Gbadamosi v. Governor of Oyo State (2006) 6 KLR (pt. 221) 2369; (2006) 13 NWLR (Pt. 997) 363

 

APPEALS - Concurrent findings of fact - Not being perverse - Nor violating some principle of law or procedure - Will not be disturbed by appellate court (H5) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

APPEALS - Concurrent findings of fact - Supported by evidence on printed records - Cannot ordinarily be disturbed by Supreme Court - Even if it would have concluded otherwise upon the evidence (H7) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

APPEALS - Consent judgment - Terms of - Where it fully resolved the dispute - It cannot be amended or corrected - Save by an appeal (H6) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

APPEALS - Consideration - Issues are what the appellate court consider - Not the grounds of appeal (H7) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

APPEALS - Constitutional law - Right of appeal - Unconditional leave to defend an action - Where granted by the High court - Cannot be appealed against vide s. 220(2)(a) 1979 Constitution (H1) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

APPEALS - Courts - Discretion - Exercise of by court of first instance - Should be treated with respect - By appellate Courts - Even though appellate courts - Feel they would have exercised the discretion differently (H2) Banna v. Telepower Ltd (2006) 7 KLR (pt. 222) 2621; (2006) 15 NWLR (Pt. 1001) 198

 

APPEALS - Criminal defences - Self defence - On the facts as found by trial court - Self defence plea availed appellant - As held by the Court of Appeal - Consequently that court was in error - Not to have discharged and acquitted him (H3) Apugo v. State (2006) 7 KLR (pt. 224) 3021; (2006) 15 NWLR (Pt. 1002) 227

 

APPEALS - Criminal procedure - Charges - Error therein - Where not raised at trial court - Objection on appeal will be ignored - Where accused was not misled by the errors (H7) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

APPEALS - Cross appeal - Issue - That has become academic or hypothetical - Will be struck out by the Supreme Court (H6) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

APPEALS - Damages - Issues - Where issue of trial court’s failure - To assess and award damages - Was not placed before the Court of Appeal - Vide any ground of appeal - It cannot pronounce thereon (H1) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

APPEALS - Damages - Slip of the pen - Where trial court vide a ruling - Confirmed that the amount of N5 million instead of N5,000.00 - Contained in the signed judgment certificate - Is a slip of the pen - The appellate court will accept it as conclusive (H1) Alh. Yakubu Enter. Ltd v. Omolaboje (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 966) 195

 

APPEALS - Decision - Grounds of appeal - Allegation that they did not arise - From lower court’s decision - Is not substantiated (H3) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

APPEALS - Decision - That is not appealed against - Is binding on the appellants - And the parties in general (H1) Shell Petroleum v. X.M. Federal Ltd (2006) 7 KLR (pt. 224) 3171; (2006) 16 NWLR (Pt. 1004) 189

 

APPEALS - Default Judgment - Trial Court’s failure - To consider the defence - In refusing to set aside its default judgment - Justified Court of Appeal’s intervention (H5) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

APPEALS - Determination of - During pendency of interlocutory motion - Determination of appeal - Without first determining interlocutory motions - Is breach of fair hearing - Provided the motion is already pending - Which is not the case here (H7) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

APPEALS - Discretion - Where properly exercised - Appellate court would not interfere - Merely because it would have exercised its discretion differently (H2) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

APPEALS - Documents - Where wrongfully received in evidence - Without objection of counsel - Appellate Court has jurisdiction - To exclude the document (H2) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

APPEALS - Election petitions - Local Government Elections - Appeal lies from the Tribunal to the State High Court - Vide s. 94 (2) of the Law - And the High Court’s decision is final (H1) Ehuwa v. Ondo State Inde. Elect. Comm. (2006) 12 KLR (pt. 226) 3573; (2006) 18 NWLR (Pt. 1012) 544

 

APPEALS - Evaluation of evidence - Where trial court abdicates its duty - In relation to proper appraisal of evidence - The appellate court will handle the evaluation (H4) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

APPEALS - Evidence - Admissibility - Document - That was not part of plaintiff’s case - Was wrongfully fished out suo motu - And relied upon by trial court - And appellate court will reject such inadmissible evidence (H4) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

APPEALS - Evidence - Admissibility - Instrument - Where not stamped nor registered - Court of Appeal rightly expunged it from the record - In line with s. 16 Land Instrument Registration Law (H4) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

APPEALS - Evidence - Courts - Improper reliance by trial court - On s. 149(d) of Evidence Act - Not enough to warrant interference with its findings of fact - As findings would have been same - Without such reliance (H4) Onu v. Idu (2006) 6 KLR (pt. 220) 2195; (2006) 12 NWLR (Pt. 995) 657

 

APPEALS - Evidence - Evaluation of - Though generally work of trial judge - Where point in dispute is the proper inference from proven facts - Appeal court is in as good a position as trial judge - And should intervene to correct any error by trial judge (H6) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

APPEALS - Evidence - Exhibit - Contradictions alleged therein - Appellant must point out particulars of contradictions - If such allegation is to be countenanced by Appellate Court (H2) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

APPEALS - Evidence - Interfering with trial court’s evaluation of evidence - Was properly done by Court of Appeal - In the circumstances of this case (H5) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

APPEALS - Evidence - Witnesses - Credibility of - Where the issue turns on the credibility of witness - Appellate Court must defer to the opinion of the trial court (H6) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

APPEALS - Extension of time - Within which to appeal - Application for - Must justify failure to appeal within time - And show good cause why appeal should be heard (H1) Ogundimu v. Kasunmu & Ors. (2006) 6 KLR (pt. 220) 2155

 

APPEALS - Extension of time - Within which to appeal - Application should normally be granted - Where delay was due to pardonable inadvertence of counsel as in this case - Court of Appeal was wrong to have refused it (H4) Ogundimu v. Kasunmu & Ors. (2006) 6 KLR (pt. 220) 2155

 

APPEALS - Extension of time - Within which to appeal - Length of time of delay is immaterial - In an application for extension of time - What matters is reason for the delay (H2) Ogundimu v. Kasunmu & Ors. (2006) 6 KLR (pt. 220) 2155

 

APPEALS - Fair hearing - Breach of - Brief of appeal - Hearing of appeal without respondent’s brief - Is not a breach of fair hearing - Where respondent had opportunity to file brief but failed to do so (H4) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

APPEALS - Findings - Admissions - Where not appealed against - They are deemed to be correct in law (H3) Standard Eng. Ltd v. NBCI (2006) 3 KLR (pt. 213) 965; (2006) 7 NWLR (Pt. 978) 198

 

APPEALS - Findings of fact by trial court - Not attacked on appeal - Remain unchallenged and correct - As far as the case of the appellant goes (H2) Nwabuoku v. Onwordi (2006) 5 KLR (pt. 218) 1801

 

APPEALS - Further evidence - Power of Court of Appeal to admit - On appeal from judgment on the merits - Is limited to when there are special grounds - Like maters occurring after trial (H1) Okoro v. Egbuoh (2006) 6 KLR (pt. 220) 2173; (2006) 15 NWLR (Pt. 1001) 1

 

APPEALS - Further evidence on appeal - Leave to adduce - Principles to be considered - Evidence must be creditable and important - And not available at time of trial (H3) Okoro v. Egbuoh (2006) 6 KLR (pt. 220) 2173; (2006) 15 NWLR (Pt. 1001) 1

 

APPEALS - Ground of - Omnibus ground - Being a general ground of fact - Cannot be used to raise issue of law or error in law - Yet it may be used to raise an issue of fact (H3) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

APPEALS - Ground of appeal - Abandonment - Where no issue is formulated from a ground of appeal - That ground is deemed abandoned - And should be struck out (H5) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

APPEALS - Ground of appeal - Connection with outcome of appeal - Appeals are not decided - On grounds of appeal - But on issues formulated therefrom (H6) Enekwe v. Inter. Merchant Bank Ltd (2006) 12 KLR (pt. 226) 3645; (2006) 19 NWLR (Pt. 1013) 146

 

APPEALS - Ground of appeal - Defect therein - May not warrant its being struck out - Where it is possible to make sense out of it (H2) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

APPEALS - Ground of appeal - Is usually against ratio - Of judgment appealed - Not against obiter - Except an obiter be closely linked with and radically influenced the ratio (H1) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

APPEALS - Grounds of - Competency of - Grounds of appeal herein - Are incompetent - Being complaints against findings of trial court - Though couched as if against those of Court of Appeal - Supreme Court therefore lacks jurisdiction - To entertain them (H4) Opara v. Dowel Schlumberger Ltd (2006) 7 KLR (pt. 224) 3141; (2006) 15 NWLR (Pt. 1002) 342

 

APPEALS - Grounds of - Issues - Appellant’s grounds and issues - Never included dismissal of claim for specific performance - Before the Court of Appeal - So they cannot and they do not - Include that complaint before the Supreme Court (H1) Opara v. Dowel Schlumberger Ltd (2006) 7 KLR (pt. 224) 3141; (2006) 15 NWLR (Pt. 1002) 342

 

APPEALS - Grounds of - Question of fact - Nature of - Where question requires exercise of discretion by court - It is a question of fact - Or mixed law and fact - As exercise of discretion - Would necessarily be based on facts (H3) Union Bank of Nig. Plc v. Sogunro (2006) 7 KLR (pt. 224) 3207; (2006) 16 NWLR (Pt. 1006) 504

 

APPEALS - Grounds of appeal - Competence - Objection to some grounds - For raising new issues of law without leave - Is not substantiated (H1) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

APPEALS - Grounds of appeal - Competence of - Overriding consideration - Its essence being to appraise opposite party - Of nature of complaint - What matters most is clarity - Of grounds of appeal (H1) Arewa Paper Converters Ltd v. N.I.D.C. Ltd (2006) 7 KLR (pt. 223) 2741; (2006) 15 NWLR (Pt. 1002) 404

 

APPEALS - Grounds of appeal - Erroneous striking out of some grounds - By court of Appeal - Did not constitute miscarriage of justice - To warrant remitting the case to the lower court (H5) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

APPEALS - Grounds of appeal - Error in law - Need for appellant to give particulars - Where not complied with - The ground will not be incompetent - If sufficient particulars can be gleaned therefrom (H2) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

APPEALS - Grounds of appeal - Issues raised thereby - Are not of mixed fact and law - As facts are not in dispute in this appeal (H1) Ibiyeye v. Fojule (2006) 2 KLR (pt. 212) 773; (2006) 3 NWLR (Pt. 968) 640

 

APPEALS - Grounds of appeal - Must attack the ratio in the judgment - For issues arising therefrom - To result in setting aside of the judgment (H3) Adelekan v. ECU-Line NV (2006) 5 KLR (pt. 218) 1713; (2006) 12 NWLR (Pt. 993) 33

 

APPEALS - Grounds of appeal - Nature - When based on issue of interpretation of deeds, documents, etc. - They are of law (H2) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

APPEALS - Grounds of appeal - Preliminary objection against them - As being of mixed facts - Is not in the right form (H1) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

APPEALS - Grounds of appeal - Preliminary objection against them - Is without foundation - As the grounds are competent and valid (H1) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

APPEALS - Grounds of appeal - Purpose of - Cross appeal - Any issue not raised in a ground of appeal - Or cross appeal - Is not before the court (H2) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

APPEALS - Grounds of appeal - Striking out - Where the lower court made a finding - That shows no ambiguity in some grounds - It erred in striking out those grounds (H3) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

APPEALS - Hearing - O.6 r.10 Court of Appeal Rules - Hearing an appeal without respondent’s brief - Procedure for - Appellant need not file any motion on notice - Before hearing could take place (H5) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

APPEALS - Implication of - Once an appeal is entered - In the Court of Appeal - That Court becomes seized of the whole proceedings - And every application therein - Shall be made to that court (H6) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

APPEALS - Interference - Discretion of trial court - Where properly exercised - Appellate court will not interfere therewith (H1) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

APPEALS - Interference - Discretionary order by trial court - Was wrongfully interfered with by Court of Appeal - Without first holding that reasoning of trial court - Was unsustainable (H4) Banna v. Telepower Ltd (2006) 7 KLR (pt. 222) 2621; (2006) 15 NWLR (Pt. 1001) 198

 

APPEALS - Interference - Findings of trial court - Are to be disturbed -Where not supported by evidence - And will lead to a miscarriage of justice (H5) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

APPEALS - Interference - Murder - Proof - Consistent evidence - Accepted by trial court and confirmed by Court of Appeal - As to 1st appellant’s guilt - Will not be disturbed (H4) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

APPEALS - Interlocutory appeal - Life of - Where the substantive suit or appeal - Has been determined - The interlocutory appeal becomes lifeless and spent (H1) Olori Motors Ltd v. Union Bank (2006) 4 KLR (pt. 223) 2889; (2006) 10 NWLR (Pt. 989) 586

 

APPEALS - Interlocutory appeals - Right of appeal - Where ground is of fact - Or mixed law and fact - Appeal must be with prior leave - Of either trial court or Court of Appeal - Else it is incompetent - Under ss. 241 and 242 1999 Constitution (H2) Union Bank of Nig. Plc v. Sogunro (2006) 7 KLR (pt. 224) 3207; (2006) 16 NWLR (Pt. 1006) 504

 

APPEALS - Interlocutory applications - Definitive pronouncements - On substantive case - Upon hearing of interlocutory application - Was right in this case - As necessary to resolve the issue on appeal - Relating only to the 8th and 9th defendants - (H2) Duru v. Nwangwu (2006) 5 KLR (pt. 219) 1935

 

APPEALS - Interlocutory applications - Pronouncements - On matters in dispute between he parties - Was wrongfully made - By the two lower Courts (H1) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

APPEALS - Interlocutory injunction - Object of - Where the acts had been completed - Court of Appeal rightly set aside the order (H1) Ideozu v. Ochoma (2006) 2 KLR (pt. 210) 517; (2006) 4 NWLR (Pt. 970) 364

 

APPEALS - Issues - Basis of judgment - Appealed against - Parties are obliged - To restrict their complaints - To the basis of judgment appealed against - Which in this case is the issue of jurisdiction (H1) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

APPEALS - Issues - Competence - An issue that is not backed by any ground of appeal - Is incompetent - And will be struck out (H6) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

APPEALS - Issues - Concurrent findings - Tribunal of Inquiry - Question of whether it is a quasi-judicial body - Is one of fact - That was concurrently determined by the two lower courts - And no cause was shown to warrant a departure - From the concurrent findings (H2) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

APPEALS - Issues - Consideration - Pleadings - Where an issue was not raised in the parties’ pleadings - Lower court rightly refused to consider it (H8) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

APPEALS - Issues - Cross appeal - Where lower court rightly held - That issues not considered by it are academic - Cross appeal on that subject will fail (H5) Standard Eng. Ltd v. NBCI (2006) 3 KLR (pt. 213) 965; (2006) 7 NWLR (Pt. 978) 198

 

APPEALS - Issues - Cross-appeal - Issues in the cross-appeal - Did not depend on the issues in the main appeal - So failure of Court of Appeal - To determine the issues in the cross-appeal - Amounts to denial of fair hearing (H6) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

APPEALS - Issues - Customary tenancy - Being an issue of fact - Supportable by an omnibus ground of appeal - Gave Court of Appeal jurisdiction - To entertain issue of customary tenancy (H6) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

APPEALS - Issues - Decision of trial court - Where not in issue - Nor appealed against - Court of Appeal has no powers - Under s. 16 of the CA Act - To reverse the decision (H5) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

APPEALS - Issues - Definition - Sufficiency of lone issue - Where lone issue raised by the Supreme Court - Sufficiently determines the case - Academic consideration of the other issues - Is unnecessary (H6) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

APPEALS - Issues - Determination of - An interwoven issue that is already determined - Or that is merely academic and technical - Need not be considered again (H8) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

APPEALS - Issues - Duty of court - To pronounce thereon - Where preliminary objection succeeds - Court is not under a duty to consider arguments - On other issues for determination (H4) Union Bank of Nig. Plc v. Sogunro (2006) 7 KLR (pt. 224) 3207; (2006) 16 NWLR (Pt. 1006) 504

 

APPEALS - Issues - Failure of intermediate appellate court - To consider all issues placed before it - Will not ground alteration of the judgment - In all cases (H7) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

APPEALS - Issues - Failure to pronounce - On all material issues - Effect - Where it results in miscarriage of justice - Consequential order should be one for retrial - But where issues not considered - Affected a cross-appeal - They should be resolved by appellate court (H7) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

APPEALS - Issues - Findings - Banking - Subsidiary issue raised by lower court - Is not outside the ground of appeal - And Court of Appeal’s findings - Are not contrary to those of trial court (H3) Olalekan v. Wema Bank Plc (2006) 7 KLR (pt. 222) 2683; (2006) 13 NWLR (Pt. 998) 617

 

APPEALS - Issues - Grounds of appeal - Competence - Allegation that no issues were raised from grounds 5 & 13 - Is not correct (H2) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

APPEALS - Issues - Grounds of appeal - Respondent who has not cross-appealed - Cannot raise issues - Outside those framed by appellant - From the grounds of appeal (H2) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

APPEALS - Issues - Grounds of appeal - Where an issue is not married to a ground of appeal - It should be struck out for being incompetent (H4) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

APPEALS - Issues - Intermediate courts - When an intermediate appellate court - Concludes on one issue - It should generally consider the other issues - Irrespective of effect of issue already decided (H3) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

APPEALS - Issues - Judgments - Must be confined to issues raised by the parties - For court to go outside such issues - May occasion miscarriage of justice (H5) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

APPEALS - Issues - May be re-framed or even formulated by court - But the issues must be derived from the grounds of appeal filed by the parties (H2) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

APPEALS - Issues - Misconception - Allegation of ex-convict status - Where appellants failed to discharge their burden of proof - Contention that lower court misconceived the issue - Is not correct (H1) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

APPEALS - Issues - Misconception - Allegation of ex-convict status - Where appellants failed to discharge their burden of proof - Contention that lower court misconceived the issue - Is not correct (H1) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

APPEALS - Issues - Must be distilled from the grounds of appeal - Not from anywhere - The issue of customary tenancy - Does not derive from any ground of appeal in this case (H1) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

APPEALS - Issues - Preliminary objection - Against appellant’s issue 2 - Is discountenanced for being misconceived - Courts now pursue doing substantial justice (H6) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

APPEALS - Issues - Relief - Not considered by trial court - Was Wrongfully granted by Court of Appeal - Seeing that where a court grants the 1st relief - It is precluded from pronouncing on the alternative relief (H5) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

APPEALS - Issues - Resolution of - Where an issue arose from a proceeding - That has been set aside - Resolving it becomes unnecessary (H6) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

APPEALS - Issues - Striking out - Materiality - Where appellant fails to proffer argument - In respect of an issue - It will be struck out as abandoned (H6) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

APPEALS - Issues - Striking out of - Where an issue for determination - Is not derived from the grounds of appeal - It will be struck out (H1) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

APPEALS - Issues for determination - Binding effect - Parties are bound by issues - Formulated in the brief - And cannot advance argument outside those issues - Without leave of court (H3) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

APPEALS - Issues for determination - Not canvassed before trial court - Cannot be the basis of an issue on appeal (H2) M. O. Kanu, Sons & Co. Ltd v. First Bank Plc. (2006) 5 KLR (pt. 219) 1947

 

APPEALS - Issues for determination - Number of - As a matter of procedure - Issues should not outnumber grounds of appeal - Being themselves framed - From one or more grounds of appeal (H1) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

APPEALS - Issues for determination - Propriety of - Issues must have relevance - To the issues upon which decision - Complained against was based - Else they should be ignored (H1) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

APPEALS - Judgment - Concurrent findings of fact - Supported by evidence - Should not be disturbed - Unless there be violation of some principle of law or procedure - And miscarriage of justice (H2) Onu v. Idu (2006) 6 KLR (pt. 220) 2195; (2006) 12 NWLR (Pt. 995) 657

 

APPEALS - Judgment - Error in - Must be substantial to result in an appeal being allowed - It must be shown to have occasioned a miscarriage of justice (H2) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

APPEALS - Judgment of trial court - Was clearly perverse - For being contrary - To evidence on record - Particularly on the issue of identity of the land in dispute - As held by Court of Appeal (H3) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

APPEALS - Judgments - Correctness of - Paramount consideration for appellate court - Is whether the decision is right - Not whether the reasons are right (H3) Intergrated Timber & Plywood Ltd v. Union Bank Plc. (2006) 5 KLR (pt. 218) 1753; (2006) 12 NWLR (Pt. 995) 483

 

APPEALS - Judgments - Derailment - Misconstruction of statute - Made lower court derail - In failing to apply clear provisions - Of the Foreign Judgments Act (H4) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

APPEALS - Judgments - Effect of - Where not appealed against - As and when due - Such judgment remains subsisting - And rights determined therein remain valid (H4) Arewa Paper Converters Ltd v. N.I.D.C. Ltd (2006) 7 KLR (pt. 223) 2741; (2006) 15 NWLR (Pt. 1002) 404

 

APPEALS - Judgments - Finality of - Where a judgment is given on the merit - And is a final judgment - It can only be challenged by appeal (H2) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

APPEALS - Judgments - Presumption of correctness - Burden of showing that a judgment is not correct - Is always on the appellant (H3) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

APPEALS - Judgments - Setting aside of - Obiter dictum - An obiter dictum - Cannot form the basis - For setting aside a judgment - As it is not the basis - Or the ratio decidendi of the judgment (H4) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

APPEALS - Jurisdiction - Argument - Statutes conferring appellate jurisdiction - Must be followed - And a complaint not predicated on any ground - Cannot be argued (H4) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

APPEALS - Jurisdiction - Current problem - That is yet to be resolved - Is what Supreme Court has jurisdiction to determine - Appeal that has become spent - Ought to be withdrawn - Or struck out (H2) Olori Motors Ltd v. Union Bank (2006) 4 KLR (pt. 223) 2889; (2006) 10 NWLR (Pt. 989) 586

 

APPEALS - Jurisdiction - Reliefs - Third Party Proceedings - Tukur case - Was wrongfully relied upon by lower court - On issue of principal and ancillary reliefs - In assigning jurisdiction to State High Court (H3) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

APPEALS - Jurisdiction - Right to appeal - Basis of - Appellate jurisdiction - Is created by statute - So no right to appeal - Inures to any person - Except as created by statute (H2) Ehuwa v. Ondo State Inde. Elect. Comm. (2006) 12 KLR (pt. 226) 3573; (2006) 18 NWLR (Pt. 1012) 544

 

APPEALS - Jurisdiction - Supreme Court - Does not entertain direct complaints - Against the decision of the High Court (H8) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

APPEALS - Justification - Of lower court’s holding - Trial Court’s earlier decision - Operated as an estoppel to bar appellants - From making another later similar application (H2) Shell Petroleum v. X.M. Federal Ltd (2006) 7 KLR (pt. 224) 3171; (2006) 16 NWLR (Pt. 1004) 189

 

APPEALS - Land law - Evidence - Concurrent findings thereon - Where not challenged by any issue - Appellants are deemed to have accepted same - And are bound by those findings of facts (H1) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

APPEALS - Leave - Criminal defences - Courts have the duty - To avail accused of open defence - Whether or not he has expressly asked for it (H3) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

APPEALS - Leave - Evidence - Where appellants raised no objection - To the tendering of exhibits before lower courts - They cannot raise the issue now - Without leave of the Supreme Court (H1) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

APPEALS - Leave - Grounds of appeal - Nature of - Where facts struggle with law for first place - The ground is of mixed law and fact - The ground in issue here - Is one of law needing no leave (H1) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

APPEALS - Leave - Grounds of appeal - That are of mixed law and fact - Will be struck out - In the absence of leave of court (H1) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

APPEALS - Leave - Issue of law and jurisdiction - Though can be raised at any stage - It is not a free for all exercise - As some principles should be complied with (H9) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

APPEALS - Leave - Jurisdiction - Charges - Issue of competence of charge - Being an issue of jurisdiction - Can be raised for the first time without leave - Before the Supreme Court (H2) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

APPEALS - Leave - Jurisdiction - Where appeal requires leave - And time within which to appeal has expired - Appellant must obtain extension of time to seek leave - Leave and extension of time to appeal - For appellate court to have jurisdiction (H2) Adelekan v. ECU-Line NV (2006) 5 KLR (pt. 218) 1713; (2006) 12 NWLR (Pt. 993) 33

 

APPEALS - Leave - Jurisdiction - Where lower court lacked jurisdiction - Over some grounds of appeal filed without leave - The other party’s conduct in not objecting - Cannot legally confer jurisdiction (H10) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

APPEALS - Leave - New issue - Raised before the Supreme Court - Without leave of court - And is not supported by evidence - Will fail (H6) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

APPEALS - Leave - Right of appeal - Where appeal lies as of right constitutionally - Leave of court to raise the ground of appeal - Is not necessary (H1) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

APPEALS - Leave of court - Miscarriage of justice - Appeal from a final decision of trial court - Is as of right needing no leave - And justice is not violated - By lower court’s failure to determine this issue (H9) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

APPEALS - Locus standi - Invalid grant of right of occupancy - Failure of government - To continue in appeal proceedings - Does not remove locus standi of 1st respondent (H9) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

APPEALS - Merit - S. 220(2)(a) 1979 Constitution - Precludes Court of Appeal from considering an appeal on merit - On an issue of unconditional leave to defend - Granted by a High court (H4) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

APPEALS - Murder - Giving effect to the constitutional provision - Guaranteeing automatic right of appeal to Supreme Court - Is for court to appoint fresh counsel for appellant (H2) Odediran v. State (2006) 12 KLR (pt. 226) 3699; (2006) 18 NWLR (Pt. 1012) 671

 

APPEALS - Murder - Right of appeal to the Supreme Court - Is automatically guaranteed (H1) Odediran v. State (2006) 12 KLR (pt. 226) 3699; (2006) 18 NWLR (Pt. 1012) 671

 

APPEALS - Omnibus ground of appeal - Meaning - Implies that judgment of trial court can not be supported - By the net weight of evidence - Given at the trial (H4) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

APPEALS - Oral evidence - Appraisal of - Is duty of trial court - Court of Appeal will only interfere where findings of fact by trial court - Is not supported by evidence on record - Which is not so in this case (H1) Gbadamosi v. Governor of Oyo State (2006) 6 KLR (pt. 221) 2369; (2006) 13 NWLR (Pt. 997) 363

 

APPEALS - Out of time - Application for extension of time - Within which to appeal - Or to apply for leave to appeal - Must set forth good and substantial reasons - For failure to appeal or to apply for leave within time (H1) Adelekan v. ECU-Line NV (2006) 5 KLR (pt. 218) 1713; (2006) 12 NWLR (Pt. 993) 33

 

APPEALS - Preliminary objection - Against cross appellant’s ground 1 - As being based on obiter dictum - And being a new issue requiring leave of court - Is not substantiated (H7) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

APPEALS - Preliminary objections - Manner of raising - In raising preliminary objection - Respondent failed to comply with O.2 r.9 Court of Appeal Rules (H1) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

APPEALS - Record of appeal - Effect on Appellate Court - Appellate Court cannot go outside the record - To raise issues suo motu - As it is bound - By the record of appeal (H4) Enekwe v. Inter. Merchant Bank Ltd (2006) 12 KLR (pt. 226) 3645; (2006) 19 NWLR (Pt. 1013) 146

 

APPEALS - Reply - Finding of appellate High Court - That counter affidavit is not a reply - Where not appealed against - It remains binding on the parties (H5) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

APPEALS - Retrial - Basis for the order - Specific finding - Should be made by trial court on every relevant issue - Where it fails to do so - And the finding depends on witnesses’ credibility - Appellate court should Order a retrial (H4) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

APPEALS - Reversal - Courts - Neutrality - Where trial court took side with plaintiff - Court of Appeal rightly set aside its judgment (H5) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

APPEALS - Reversal - Criminal procedure - Witnesses - Contradictions - Principles guiding allegation of contradictions - In the evidence of witnesses - Reversal will not follow in all cases (H5) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

APPEALS - Reversal - Evidence - Evaluation of - Is the trial court’s primary duty - Expunging wrongfully admitted evidence on appeal - Does not provided a ground - For reversal of the judgment in this case (H7) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

APPEALS - Reversal - Evidence - Though Exhibit B was rightly expunged by lower court - Reversal of the judgment was wrong - As the judgment is sustained by other evidence on record (H5) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

APPEALS - Reversal - Evidence - Where wrongfully admitted evidence - Is discountenanced on appeal - The judgment will not be reversed - If sustainable by other available evidence (H5) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

APPEALS - Reversal - Evidence - Wrongly admitted evidence - Must be shown to have adversely affected due consideration of a case - For appeal court to reverse the decision because of it (H7) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

APPEALS - Reversal - Perverse decision - Meaning - Where Court of Appeal ignores relevant facts - Supreme Court will set its decision aside (H10) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

APPEALS - Reversal - Trial court’s Judgment - Will not be interfered with - Unless shown to be perverse - And the findings in this case - Are not perverse (H2) Echere v. Ezirike (2006) 5 KLR (pt. 217) 1659; (2006) 12 NWLR (Pt. 994) 386

 

APPEALS - Right of appeal - From Federal High Court decision - On matters originating from Failed Banks Tribunals - Scope of - The right of appeal lies in s. 7 of Decree 62 - And covers only judgments given under that Decree - Unlike the instant judgment given under Decree 18 (H5) Arewa Paper Converters Ltd v. N.I.D.C. Ltd (2006) 7 KLR (pt. 223) 2741; (2006) 15 NWLR (Pt. 1002) 404

 

APPEALS - Right of appeal - Fundamental rights - Application for leave to enforce - Decision thereon - Is not a decision under s. 241(d), 1999 Constitution - To entitle respondent - To appeal as of right (H1) Union Bank of Nig. Plc v. Sogunro (2006) 7 KLR (pt. 224) 3207; (2006) 16 NWLR (Pt. 1006) 504

 

APPEALS - Setting aside - Damages - Essence of - Mitigation - Damages for loss of anticipated profits being too remote - Will be set aside (H7) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

APPEALS - Specific findings - Challenge on appeal - Appellant challenging specific finding - Must raise specific ground - As it cannot be covered by the omnibus ground - Else he cannot be heard - To question that finding on appeal (H2) Opara v. Dowel Schlumberger Ltd (2006) 7 KLR (pt. 224) 3141; (2006) 15 NWLR (Pt. 1002) 342

 

APPEALS - Statutes - Jurisdiction - Clear provisions - Need no additional words - Court of Appeal having no jurisdiction to adjudicate on this matter - It’s proceedings thereon is in futility (H3) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

APPEALS - Statutes - Time to appeal - Before the Supreme Court - Is governed by the Supreme Court Act - And not the Supreme Court Rules (H1) Afribank Plc. v. Akwara (2006) 1 KLR (pt. 208) 1; (2006) 5 NWLR (Pt. 974) 619

 

APPEALS - Stay of execution - Propriety of the grant - Where chances of success in the appeal - Are virtually nil - Stay will not be granted (H3) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

APPEALS - Stealing - Banking - Concurrent findings of fact - That convicted appellant for conversion - Of money meant for the bank - Is supported by evidence (H4) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

APPEALS - Striking out - Fairness - Interest on damages - Where a party cannot contest fairness of award of interest - Because his appeal was struck out - Supreme Court will still uphold justice - By not sustaining the award (H5) Afribank Plc. v. Akwara (2006) 1 KLR (pt. 208) 1; (2006) 5 NWLR (Pt. 974) 619

 

APPEALS - Taxation - Assessment - Unchallenged finding that 1st respondent lacks vires - For the assessment of taxes - Makes lower court’s going into other issues unnecessary (H11) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

APPEALS - Taxation - Leave - Representative action - As there is a common interest - On the issue of 1st respondent’s vires - To reassess appellants’ taxation - A representative capacity would avail appellants (H8) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

APPEALS - Taxation - Procedure - Ambiguity - Where the relevant Rules on the nature of reply - Required from the Commissioner in taxation matters - Is not ambiguous - It shall be upheld unto holding - That counter affidavit is not a reply (H6) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

APPEALS - Taxation - Reply - Points of law - Where no reply was filed by respondent - To appellants’ statement of grounds of appeal - Before the appellate High Court - Respondents’ point of law - Cannot be considered (H12) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

ARBITRATION - Damages - Nature - Award of a lump sum - For breach of contract - And tort of conspiracy - As done by the arbitrators - Is bad in law (H4) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

ARBITRATION - Arbitration Act - Interpretation - Clear words - Should be given effect - Without resort to external aid - Arbitration tribunal has the power - To determine venue for the proceedings s.16 (1) & (2) of the Act (H2) NNPC v. Lutin Investments Ltd (2006) 1 KLR (pt. 208) 59; (2006) 2 NWLR (Pt. 965) 506

 

ARBITRATION - Company - Incorporation - Proof of - Allegation that 1st respondent - Is different from the Company appellant entered agreement with - Is not established (H1) NNPC v. Lutin Investments Ltd (2006) 1 KLR (pt. 208) 59; (2006) 2 NWLR (Pt. 965) 506

 

ARBITRATION - Damages - Quantum of - Contracts - Where breach of contract was proved - But not any resultant loss - Only nominal damages was due to appellant - Not punitive damages - As awarded by arbitrators (H2) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

ARBITRATION - Damages awarded - Carries error of law on it face - Being of substantial damages - Instead of nominal damages - Which the arbitrators recognized as applicable (H3) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

ARBITRATION - Venue - Appeals - Arbitrator’s fixing of venue for proceeding abroad - Is not contrary to s. 16 of the Act - As rightly found by the Court of Appeal (H4) NNPC v. Lutin Investments Ltd (2006) 1 KLR (pt. 208) 59; (2006) 2 NWLR (Pt. 965) 506

 

ARBITRATION - Venue for the proceedings - Where not fixed by the parties’ agreement - The arbitrator has power to determine it (H3) NNPC v. Lutin Investments Ltd (2006) 1 KLR (pt. 208) 59; (2006) 2 NWLR (Pt. 965) 506

 

ARMED ROBBERY - Common purpose - Where established - Proof of what each accused did in the actualization - Is immaterial (H5) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

ARMED ROBBERY - Defences - Change of mind - Claimed by appellant as a defence - Has no basis (H8) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

AUCTION SALES - Land sale - Where requisite notice was not given - Purchaser for value without notice - Acquires good title under another applicable law (H3) Ibiyeye v. Fojule (2006) 2 KLR (pt. 212) 773; (2006) 3 NWLR (Pt. 968) 640

 

AUCTION SALES - Mortgages - Conveyancing - Conflict of laws - Auction sale of land - That would have been invalid - Is validated by another law - In protection of a bona fide purchaser (H2) Ibiyeye v. Fojule (2006) 2 KLR (pt. 212) 773; (2006) 3 NWLR (Pt. 968) 640

 

AUCTION SALES - Title - Auction sale of land - By court in levying execution of judgment - Is null and void - Where the land had been validly assigned - To the purchaser’s and court’s knowledge (H5) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

BANKING - Actions - Locus standi - Foreign exchange procurement - Where the Bank failed to procure the agreed foreign exchange - Plaintiff has the locus to sue (H3) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

BANKING - Appeals - Issues - Findings - Subsidiary issue raised by lower court - Is not outside the ground of appeal - And Court of Appeal’s findings - Are not contrary to those of trial court (H3) Olalekan v. Wema Bank Plc (2006) 7 KLR (pt. 222) 2683; (2006) 13 NWLR (Pt. 998) 617

 

BANKING - Companies - Evidence - Juristic person - Such as the respondent - Acts through its servants - Who can testify on matters - That took place before they were employed (H1) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

BANKING - Contracts - Breach - Damages - Essence of - Mitigation - Damages for loss of anticipated profits being too remote - Will be set aside (H7) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

BANKING - Contracts - Failure of - Foreign exchange - Where appellant Bank agreed to procure foreign exchange - But failed to do so - Respondent is entitled to a return of its money (H4) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

BANKING - Contracts - Failure of - Foreign exchange - Where appellant Bank agreed to procure foreign exchange - But failed to do so - Respondent is entitled to a return of its money (H4) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

BANKING - Contracts - Frustration - Where court finds that the contract had been frustrated - It should not rewrite the agreement (H4) Standard Eng. Ltd v. NBCI (2006) 3 KLR (pt. 213) 965; (2006) 7 NWLR (Pt. 978) 198

 

BANKING - Criminal law - Failed Banks Tribunal, s. 3(1) of Decree No. 18 1994 - Stealing and allied offences appellant was charged with - Arose out of the business of a bank (H1) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

BANKING - Criminal procedure - Uttering a bank cheque - Expert opinion - Appellant’s move to rely on only favourable part of the Exhibit - Is plain mischief - As the entire document must be interpreted as a whole (H5) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

BANKING - Estoppel - Conduct - Unchallenged evidence of estoppel by conduct - Given by defendant - Was sufficient to estop plaintiff - From claiming the fixed deposit he has utilized (H2) Olalekan v. Wema Bank Plc (2006) 7 KLR (pt. 222) 2683; (2006) 13 NWLR (Pt. 998) 617

 

BANKING - Failed Banks Tribunal - Conviction - Confiscation of property of appellant - That was voluntarily surrendered by his counsel - Is no double punishment (H5) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

BANKING - Failed Banks Tribunal - Jurisdiction - Where appellant falsely represented - That a bank he is chairman of - Has US dollars to sell - The Tribunal has jurisdiction to try him (H3) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

BANKING - Fixed deposit - Original amount fixed - Can no longer be claimed - As it was transferred into plaintiff’s other accounts - Towards settlement of outstanding debts - As rightly found by the lower courts (H1) Olalekan v. Wema Bank Plc (2006) 7 KLR (pt. 222) 2683; (2006) 13 NWLR (Pt. 998) 617

 

BANKING - Fraud - Actions - Limitation of - Statute Bar - Banking - Overseas remittance - Respondent’s cause of action - To reclaim its unremitted money - Accrued only when it became aware of exhibit C (H2) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

BANKING - Jurisdiction - Failed Banks Tribunal - Is empowered to try other offences not specified in the Decree - Miscarriage of justice was not occasioned - By appellant not being tried in the usual courts (H2) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

BANKING - Jurisdiction - Federal High Court - Admiralty jurisdiction of - Does not extend to banker/customer relationship - Having been ousted by proviso to para (d) of s. 230(1) of 1979 Constitution (H1) Intergrated Timber & Plywood Ltd v. Union Bank Plc. (2006) 5 KLR (pt. 218) 1753; (2006) 12 NWLR (Pt. 995) 483

 

BANKING - Letters of credit - Contract - Exemption clause - Defendant relying on an exemption clause - Must show that plaintiff - Was aware of the clause - During formation of the contract (H1) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

BANKING - Overdraft - Manipulation of account - Alleged against the bank - Is not established - And is a ploy - To avoid repayment of the overdraft (H3) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

BANKING - Overdraft facility - Repayment of - Is proved by production of bank teller - Not mere ipse dixit of the debtor (H2) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

BANKING - Parties - Status - Bank - Definition of - A financial institution - Can never be a Bank (H1) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

BANKING - Project financing - Breach of contract - Bank’s refusal of a new supplier in this case - Is not breach of contract (H1) Standard Eng. Ltd v. NBCI (2006) 3 KLR (pt. 213) 965; (2006) 7 NWLR (Pt. 978) 198

 

BANKING - Stealing - Conviction - Concurrent findings of fact - That convicted appellant for conversion - Of money meant for the bank - Is supported by evidence (H4) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

CARRIAGE OF GOODS - Shipping - Actions - Parties - Mistake - Identity of party being sued - Where a defendant was wrongfully stated - To be owner of a vessel - It will amount to a mistake as to identity (H1) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

CHARGES - Amendment - Court’s mere irregularity vide incomplete recording - Did not affect appellant’s trial and conviction - And there is no apparent miscarriage of justice (H4) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

CHARGES - Appeals - Charges - Error therein - Where not raised at trial court - Objection on appeal will be ignored - Where accused was not misled by the errors (H7) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

CHARGES - Arraignment - Requirements of a valid arraignment - Which include satisfactory explanation of the charge - Was complied with - Though court used the word appears (H1) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

CHARGES - Competence - Appeals - Leave - Jurisdiction - Charges - Issue of competence of charge - Being an issue of jurisdiction - Can be raised for the first time without leave - Before the Supreme Court (H2) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

CHARGES - Trial - Is not vitiated - Merely because accused was charged and tried under punishment section - Instead of definition section - Unless it occasioned miscarriage of justice - Which it did not in this case (H1) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

CHIEFTAINCY MATTERS - Chiefs - Selection of - Jurisdiction - Court has no jurisdiction to make declarations - Of customary law relating to selection of chiefs - Though it can make a finding on what law is applicable - And apply it in a declaratory relief (H2) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

CHIEFTAINCY MATTERS - Chieftaincy declaration - Registration of - Mere verbal affirmation of registration - Without showing the date - Is not sufficient (H2) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

CHIEFTAINCY MATTERS - Chieftaincy declaration - Registration of - Statutes - Compliance - Clear provision - That a particular act be performed - A party’s failure to perform that act - Will work against him (H3) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

CHIEFTAINCY MATTERS - Chieftaincy declarations - Applicable declaration - Is the one in existence - At the time cause of action arose - And not the law in force - At time of invoking court’s jurisdiction (H1) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

CHIEFTAINCY MATTERS - Chieftaincy declarations - The applicable law in this case - Is the 1991 Order - With its retrospective effect (H5) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

CHIEFTAINCY MATTERS - Courts - Declaratory Relief - Jurisdiction of High Court - Extends to the granting of declaratory reliefs in chieftaincy matters (H1) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

CHIEFTAINCY MATTERS - District Head - Procedure adopted in appointing 3rd appellant - As the District Head - Was as provided by s. 7(1) of the 1992 Law (H4) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

CHIEFTAINCY MATTERS - Evidence - Courts - Where case of plaintiffs failed on the evidence - Supreme Court cannot award them an unjustified victory (H3) Gbadamosi v. Governor of Oyo State (2006) 6 KLR (pt. 221) 2369; (2006) 13 NWLR (Pt. 997) 363

 

CHIEFTAINCY MATTERS - Locus standi - Being prince of a chieftaincy house per se - Without having right to contest for the Chieftaincy office - Does not confer locus on a party (H7) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

CHIEFTAINCY MATTERS - Locus standi - Contesting for the Chieftaincy position per se - Does not grant locus - As it is the statement of claim - That donates locus standi (H6) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

CHIEFTAINCY MATTERS - Proof - Onus of - Admission by defendants - That Obunge had been king - Shifted to them the onus to show that he was not the rightful king (H1) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

CHIEFTAINCY MATTERS - Registration - Date - Chieftaincy declaration - A document of registration - Should include the date of registration (H2) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

CHIEFTAINCY MATTERS - Selection of chief - Village heads - Function of - Is to nominate 3 candidates under the law - While Emirate Council will nominate one of them - For the Governor’s appointment - Lower court acted per incuriam - In holding otherwise (H5) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

CHIEFTAINCY MATTERS - Selection of chief - Where a traditional method exists under a statute - Proof of non compliance with that law - Is the plaintiffs’ duty (H3) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

CHIEFTAINCY MATTERS - Statutes - Chiefs Law s. 22(5) - Local remedies - Are to be exhausted before litigation - For court to have jurisdiction (H3) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

CHIEFTAINCY MATTERS - Substitution of parties - Where original party is dead - Where judgment will affect rights of whole family - Application for substitution - Will be granted in the interest of justice (H1) Arowolo v. Akapo (2006) 7 KLR (pt. 223) 2793; (2006) 18 NWLR (Pt. 1010) 94

 

CHIEFTAINCY MATTERS - Succession to chieftaincy - Being hereditary as agreed by parties - And defendants failing to show how Obunge came to be head-chief - It follows that Agba family of plaintiff is and had been clan head of Abuas (H5) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

COMPANY LAW - Actions - Income tax - Companies - Name for criminal prosecution - Can be the corporate name alone (H3) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

COMPANY LAW - Actions - Locus standi - Companies - Tribunal of Inquiry - Where set up to investigate matters - Affecting the shares of a limited liability company - Respondent companies have locus to sue - As the decision of the Tribunal may affect them (H1) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

COMPANY LAW - Arbitration agreement - Incorporation - Proof of - Allegation that 1st respondent - Is different from the Company appellant entered agreement with - Is not established (H1) NNPC v. Lutin Investments Ltd (2006) 1 KLR (pt. 208) 59; (2006) 2 NWLR (Pt. 965) 506

 

COMPANY LAW - Directors - Authority to institute action - On behalf of the company - As contained in Exhibit H - Is sufficient in this matter - As held in Sotiminu case (H4) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

COMPANY LAW - Evidence - Directors - Right to protect business of the company - Cannot be successfully opposed - Without producing evidence to show - That the right does not exist (H3) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

COMPANY LAW - Evidence - Juristic person - Such as the respondent - Acts through its servants - Who can testify on matters - That took place before they were employed (H1) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

COMPANY LAW - Legislation - Shares - Legislative competence of a State - Where a State Law mandates a Tribunal of Inquiry - To carry out a function outside the Governor’s legislative competence - That law is ultra vires (H8) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

COMPANY LAW - Shares - Company and Allied Matters Act - Matters arising therefrom - Fall within Federal High Court’s exclusive jurisdiction - And any State legislation on such matters - Is unconstitutional (H5) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

COMPANY LAW - Shares - Constitutional law - Where State Government has lost its status - Of majority shareholder in a company - Staff of and that company - Ceased to be part of that State’s public sector - And are out of reach of a Tribunal of Inquiry (H9) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

COMPANY LAW - Statutes - Interpretation - Company directors - S. 63(3) of CAMA permits directors - To authorize that action be taken - To protect the company’s business (H2) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

CONFLICT OF LAWS - Auction sales - Where requisite notice was not given - Purchaser for value without notice - Acquires good title under another applicable law (H3) Ibiyeye v. Fojule (2006) 2 KLR (pt. 212) 773; (2006) 3 NWLR (Pt. 968) 640

 

CONFLICT OF LAWS - Constitutional law - Statutes - Conflict - Other laws of the land - Cannot defeat the provisions of the constitution (H6) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

CONFLICT OF LAWS - Interpretation - Constitutional law - Where two Acts are in conflict - In relation to same subject matter - Constitutional provisions shall govern the interpretation (H1) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

CONFLICT OF LAWS - Mortgages - Auction sale of land - That would have been invalid - Is validated by another law - In protection of a bona fide purchaser (H2) Ibiyeye v. Fojule (2006) 2 KLR (pt. 212) 773; (2006) 3 NWLR (Pt. 968) 640

 

CONSTITUTIONAL LAW - Accountant General of Federation - Functions of - Do not extend to watching - Over State or Local Government Funds (H12) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Accounts - State Joint Local Government Account - By s.162 of 1999 Constitution - National Assembly had to “allocate” amount due to states - While State Houses “distribute” same to the local government (H8) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Accounts - State Joint Local Government Account - By establishing a Committee for the Account - National Assembly impliedly purported to establish the Account itself - In breach of s.162(6) 1999 Constitution (H9) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Actions - Authorization - State of emergency declaration - Where suit is not authorized by the State Administrator - It is not authorized by the plaintiffs (H2) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

CONSTITUTIONAL LAW - Actions - Competence - Commencement - Common law claims - Where initiated vide Fundamental Rights Procedure - It is a fundamental breach - That makes the claims incompetent (H3) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

CONSTITUTIONAL LAW - Actions - State of emergency - Declared by the President under s.305 1999 Constitution - Action challenging its constitutionality - Cannot be declared dead or academic (H1) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

CONSTITUTIONAL LAW - Ambiguity - Constitution of a country - Being the guiding light in governance - Must be given clear meaning (H2) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

CONSTITUTIONAL LAW - Amendment of Constitution - Duty of court - Courts cannot amend the Constitution - Though they may introduce change - Through interpretation of its words (H1) Governor Kwara State v. Ojibara (2006) 12 KLR (pt. 226) 3679; (2006) 18 NWLR (Pt. 1012) 645

 

CONSTITUTIONAL LAW - Appeals - Competence - Leave - Tax Authority - S. 26 of the Finance Law - Confers right of appeal to the High Court - On person aggrieved by a decision on tax assessment - And appeal to Court of Appeal should be with leave - Vide s. 221 1979 Constitution (H3) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

CONSTITUTIONAL LAW - Appeals - Interlocutory appeals - Right of appeal - Where ground is of fact - Or mixed law and fact - Appeal must be with prior leave - Of either trial court or Court of Appeal - Else it is incompetent - Under ss. 241 and 242 1999 Constitution (H2) Union Bank of Nig. Plc v. Sogunro (2006) 7 KLR (pt. 224) 3207; (2006) 16 NWLR (Pt. 1006) 504

 

CONSTITUTIONAL LAW - Appeals - Leave - Right of appeal - Where appeal lies as of right constitutionally - Leave of court to raise the ground of appeal - Is not necessary (H1) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

CONSTITUTIONAL LAW - Appeals - Merit - S. 220(2)(a) 1979 Constitution - Precludes Court of Appeal from considering an appeal on merit - On an issue of unconditional leave to defend - Granted by a High court (H4) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

CONSTITUTIONAL LAW - Appeals - Murder - Giving effect to the constitutional provision - Guaranteeing automatic right of appeal to Supreme Court - Is for court to appoint fresh counsel for appellant (H2) Odediran v. State (2006) 12 KLR (pt. 226) 3699; (2006) 18 NWLR (Pt. 1012) 671

 

CONSTITUTIONAL LAW - Appeals - Murder - Right of appeal to the Supreme Court - Is automatically guaranteed (H1) Odediran v. State (2006) 12 KLR (pt. 226) 3699; (2006) 18 NWLR (Pt. 1012) 671

 

CONSTITUTIONAL LAW - Auditor General of Federation - Functions of - Are limited to auditing and reporting - On public accounts of the Federation - Not those of the States (H19) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Constituent States - Borrowing powers of - National Assembly is empowered - Under the Exclusive list - To legislate on borrowing powers of States (H15) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Constitution - Supremacy of - Effect on other Laws or Acts - Where they are inconsistent with the Constitution - Court has jurisdiction to declare them invalid, null and void (H2) Fasakin Foods Ltd. v. Shosanya (2006) 4 KLR (pt. 216) 1447; (2006) 10 NWLR (Pt. 987) 126

 

CONSTITUTIONAL LAW - Courts - Criminal prosecution - S.174(1)(b) 1999 Constitution - On the issue of criminal prosecution by any person - Before superior courts of record - Is presumed to mean any legal practitioner (H3) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

CONSTITUTIONAL LAW - Covering the field - Doctrine of - Can only apply - Where National Assembly exercises its powers constitutionally (H17) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Creation of states - Out of existing states - Legal effect - Is that such existing state - Ceases to exist - As a judicial entity (H5) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

CONSTITUTIONAL LAW - Criminal prosecution - Powers of the Attorney-General - Can be delegated to Ministry of Justice officers (H4) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

CONSTITUTIONAL LAW - Defence - Right of appeal - Unconditional leave to defend an action - Where granted by the High court - Cannot be appealed against vide s. 220(2)(a) 1979 Constitution (H1) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

CONSTITUTIONAL LAW - Dictatorship - Lagos State Tribunals of Inquiry Law - Section of it - That made no provision for review or appeal - Is an enthronement of dictatorship - And glaringly unconstitutional (H4) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

CONSTITUTIONAL LAW - Electoral commissions - Removal of members - Grounds for - The ground on which the respondents were removed - Is not one of the grounds recognized by the Constitution (H3) Governor Kwara State v. Ojibara (2006) 12 KLR (pt. 226) 3679; (2006) 18 NWLR (Pt. 1012) 645

 

CONSTITUTIONAL LAW - Electoral commissions - Tenure of members - It is not the intendment of the Constitution - That membership of electoral commissions - Should change with fortunes of political parties (H2) Governor Kwara State v. Ojibara (2006) 12 KLR (pt. 226) 3679; (2006) 18 NWLR (Pt. 1012) 645

 

CONSTITUTIONAL LAW - Estoppel - Applicability - Estoppel cannot avail defendant - In a case of breach of the Constitution - Being an equitable defence (H21) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Fair hearing - Access to the courts - Is granted to every citizen vide s. 33(1) 1979 Constitution - And under the twin pillars - Of the common law concept of natural justice (H1) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

CONSTITUTIONAL LAW - Fair hearing - Breach of - Exception - Equity - Once trial has commenced - After issues are joined - A party who neglects to partake in the proceedings - Cannot complain of breach of fair hearing - As equity helps only the vigilant (H4) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

CONSTITUTIONAL LAW - Fair hearing - Breach of - Where a party is given ample opportunity - And conducive atmosphere to present his case - But he fails to utilize them - His right to fair hearing is not breached (H4) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

CONSTITUTIONAL LAW - Fair hearing - Denial - Where court creates environment - For fair hearing of a case for both parties - A party that fails to utilize the fair process - Cannot accuse the court (H5) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

CONSTITUTIONAL LAW - Fair hearing - Hearing notices - Non-issuance of hearing notice - Where it amounts to breach of fair hearing - Will render proceedings null and void - And result in it being set aside (H3) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

CONSTITUTIONAL LAW - Fair hearing - Necessity of hearing both sides - Exhibit F is inadmissible evidence - In proof of identity of convict - As it offends the doctrine of fair hearing (H9) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

CONSTITUTIONAL LAW - Fair Hearing - Scope of - It is for protection of all parties - Not just one party - And its provisions should be interpreted - So as to do justice between the parties to a dispute (H3) Banna v. Telepower Ltd (2006) 7 KLR (pt. 222) 2621; (2006) 15 NWLR (Pt. 1001) 198

 

CONSTITUTIONAL LAW - Federal High Court - Admiralty jurisdiction of - Does not extend to banker/customer relationship - Having been ousted by proviso to para (d) of s. 230(1) of 1979 Constitution (H1) Intergrated Timber & Plywood Ltd v. Union Bank Plc. (2006) 5 KLR (pt. 218) 1753; (2006) 12 NWLR (Pt. 995) 483

 

CONSTITUTIONAL LAW - Federal High Court - Police Act s. 23 - Power to prosecute criminal cases - Without A-G’s fiat - Can be exercised by the Police - Vide s. 174(1) 1999 Constitution (H7) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

CONSTITUTIONAL LAW - Federal principle - Requirements of - Is that the general and regional governments - Shall be independent of each other - Within its sphere (H2) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Federalism - Meaning of - It connotes an association of states - For common purpose - Where the individual states retain - Large measure of their original autonomy (H1) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Federalism in government - Objectives of - Are to reduce the power of the majority at the centre - And to allow each group develop along its characteristic lines (H3) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Federation Account - Allocation Committee of - Is a federal body - And not entitled to returns - In matters in exclusive domain of States (H14) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Fundamental rights - Torts - Procedure for filing claims - Where the principal claims are tortious - Writ of summons is proper - Not Fundamental Rights Procedure (H2) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

CONSTITUTIONAL LAW - Interpretation - Clear words of the Constitution - Subsidiary legislation - Cannot take away a constitutional power (H5) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

CONSTITUTIONAL LAW - Jurisdiction - Clear provisions - Need no additional words - Court of Appeal having no jurisdiction to adjudicate on this matter - It’s proceedings thereon is in futility (H3) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

CONSTITUTIONAL LAW - Legislation - Companies - Shares - Constitutional law - Where State Government has lost its status - Of majority shareholder in a company - Staff of and that company - Ceased to be part of that State’s public sector - And are out of reach of a Tribunal of Inquiry (H9) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

CONSTITUTIONAL LAW - Legislation - Companies - Shares - Legislative competence of a State - Where a State Law mandates a Tribunal of Inquiry - To carry out a function outside the Governor’s legislative competence - That law is ultra vires (H8) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

CONSTITUTIONAL LAW - Legislation - Exclusive List - Shares - Company and Allied Matters Act - Matters arising therefrom - Fall within Federal High Court’s exclusive jurisdiction - And any State legislation on such matters - Is unconstitutional (H5) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

CONSTITUTIONAL LAW - Legislative lists - Concurrent list - Is no longer a free shopping centre - As under the 1999 Constitution - Legislative powers of both National Assembly and State Houses - Are set out therein (H6) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Local government affairs - Ss. 7(1) and 197, 1999 Constitution - Generally puts everything relating to local government - In the province of the State Government (H7) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - National Assembly - Legislative powers of - Only covers matters on Exclusive list - And matters allotted to it in the concurrent list (H5) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - National Assembly - Legislative powers of - Do not extend to monitoring distribution of funds - To local governments - By their State governments (H13) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - National Assembly - Legislative Powers of - To create offences - Is incidental to power to legislate - On subject matter concerned (H18) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - National Assembly - Oversight functions of - Cannot be invoked - In respect of law making powers - Of State Houses of Assembly (H22) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Reliefs - Fundamental Rights Procedure Rules - Nature of relief thereunder - Except relief claimed - Is in the main an enforcement of fundamental rights - It should not be brought - Under the Fundamental Rights Rules (H1) University of Ilorin v. Oluwadare (2006) 7 KLR (pt. 223) 2951; (2006) 14 NWLR (Pt. 1000) 751

 

CONSTITUTIONAL LAW - Rule of law - Accountability - The desire to enhance accountability - In the psyche of the nation - Should not authorize State organs - To act beyond their constitutional limits (H10) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

CONSTITUTIONAL LAW - S. 251, 1999 Constitution - Federal High Court - Jurisdiction of - Does not extend to cases of simple contract - Or damages for negligence (H4) Adelekan v. ECU-Line NV (2006) 5 KLR (pt. 218) 1713; (2006) 12 NWLR (Pt. 993) 33

 

CONSTITUTIONAL LAW - Separation of powers - Legislation - Revocation - Where a subsequent legislation - Revokes an earlier one - Courts lack jurisdiction - To still rely on the revoked legislation - It is the Legislature’s function to make laws - Vide doctrine of separation of powers (H4) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

CONSTITUTIONAL LAW - Statutes - Conflict - Other laws of the land - Cannot defeat the provisions of the constitution (H6) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

CONSTITUTIONAL LAW - Statutes - Conflict - Where two Acts are in conflict - In relation to same subject matter - Constitutional provisions shall govern the interpretation (H1) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

CONSTITUTIONAL LAW - Statutes - Constitutionality of - Monitoring of Revenue Allocation to Local Government Act, s.7 - Is inconsistent - With s. 162(8) of 1999 Constitution (H16) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Statutes - Interpretation - Prosecuting criminal suit before Federal High Court - Can be done by the Police - Or any other authority - Subject to A-G’s power - To take over or discontinue the prosecution (H4) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

CONSTITUTIONAL LAW - Supremacy Doctrine - Implication of - Is that the Constitution is the beginning and the end - Not only of jurisprudence - But also of the entire legal system (H23) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Supremacy of the Constitution - A person whose function is spelt out - In the Constitution - Cannot perform other statutory functions - Not borne out from the Constitution (H10) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONSTITUTIONAL LAW - Suspension and Modification - Right to personal liberty - Guaranteed under s. 32(1) 1979 Constitution - Was not suspended by 1993 Suspension Decree (H1) Duru v. Nwangwu (2006) 5 KLR (pt. 219) 1935

 

CONSTITUTIONAL LAW - Unitarism - Meaning of - Is a constitutional arrangement - With a very strong central command - Making the regions dependent on the centre (H4) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

CONTRACTS - Actions - Jurisdiction - Negligence and breach of contract claim - Having nothing to do with marine navigation - Nor monetary policy of the government - State High Court has jurisdiction (H1) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

CONTRACTS - Agreement - Arbitration - Venue for the proceedings - Where not fixed by the parties’ agreement - The arbitrator has power to determine it (H3) NNPC v. Lutin Investments Ltd (2006) 1 KLR (pt. 208) 59; (2006) 2 NWLR (Pt. 965) 506

 

CONTRACTS - Agreements - Binding effect of - Having agreed to joint valuation - Of newly discovered assets - Unilateral valuation is invalid - As parties are bound by their agreement (H9) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

CONTRACTS - Agreements - Terms - Subsequent variation of - Written agreement - May be subsequently varied by oral agreement - But such oral agreement - Must be proved in details - By party relying thereon (H2) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

CONTRACTS - Alteration - Agreement of the parties - As contained in a consent judgment - Cannot be altered by incorporating an agreement - Respondent was not a party to (H5) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

CONTRACTS - Arbitration agreement - Incorporation - Proof of - Allegation that 1st respondent - Is different from the Company appellant entered agreement with - Is not established (H1) NNPC v. Lutin Investments Ltd (2006) 1 KLR (pt. 208) 59; (2006) 2 NWLR (Pt. 965) 506

 

CONTRACTS - Banking - Breach of contract - Financing project for Bank customer - Bank’s refusal of a new supplier in this case - Is not breach of contract (H1) Standard Eng. Ltd v. NBCI (2006) 3 KLR (pt. 213) 965; (2006) 7 NWLR (Pt. 978) 198

 

CONTRACTS - Banking - Fixed deposit - Original amount fixed - Can no longer be claimed - As it was transferred into plaintiff’s other accounts - Towards settlement of outstanding debts - As rightly found by the lower courts (H1) Olalekan v. Wema Bank Plc (2006) 7 KLR (pt. 222) 2683; (2006) 13 NWLR (Pt. 998) 617

 

CONTRACTS - Breach - Contract of employment - Of appellant was never static - But subject to continued variation in its terms - Allegation of breach - Was therefore a misconception (H1) Mbachu v. Anambra-Imo River Basin (2006) 7 KLR (pt. 224) 3051; (2006) 14 NWLR (Pt. 1000) 691

 

CONTRACTS - Breach - Damages - Essence of - Mitigation - Damages for loss of anticipated profits being too remote - Will be set aside (H7) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

CONTRACTS - Breach - Ingredients of - To succeed in an action for breach - Plaintiff must prove both existence of contract - And breach by defendant - As done by present plaintiff (H5) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

CONTRACTS - Cause of action - Is the factual situation - Giving a person right to judicial relief - So it can only accrue in contract - Upon breach by defendant (H1) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

CONTRACTS - Claims - Basis - Where plaintiff’s claim - Expressed to be based on negligence - Has to be sustained - By reference to a contract - Then the action is based on contract (H4) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

CONTRACTS - Contractual document - Must contain an offer and an acceptance of that offer - To be properly so called - Only Exhibit 29 here qualifies as such (H1) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

CONTRACTS - Damages - Award of - Where breach of contract is not proved - Once it is found by a trial court - That there was no breach of contract - There is no ground for an award of damages - Of whatever quantum (H2) Mbachu v. Anambra-Imo River Basin (2006) 7 KLR (pt. 224) 3051; (2006) 14 NWLR (Pt. 1000) 691

 

CONTRACTS - Damages - Measure of damages - For breach of contract - Is limited to loss - Flowing from the breach - It cannot include general damages (H6) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

CONTRACTS - Damages - Nature - Award of a lump sum - For breach of contract - And tort of conspiracy - As done by the arbitrators - Is bad in law (H4) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

CONTRACTS - Damages - Quantum of - Contracts - Where breach of contract was proved - But not any resultant loss - Only nominal damages was due to appellant - Not punitive damages - As awarded by arbitrators (H2) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

CONTRACTS - Damages - Special damages - Not having been pleaded and proved - And being lumped with general damages - In appellant’s claim - Court below was right - To have set aside judgment of trial court awarding both damages (H5) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

CONTRACTS - Damages - Specific performance - Refusal of the decree - Is proper - Where damages will be an adequate compensation (H3) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

CONTRACTS - Damages for breach - Was claimed as alternative relief - And alternative relief is considered - Only where main relief fails - Or is abandoned as in this case (H2) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

CONTRACTS - Documents - Exhibit 29 - Interpretation of - Shows no contract of hire between the parties (H3) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

CONTRACTS - Documents - Interpretation of - It is not the duty of court - To make contracts for parties - By reading into it terms - On which there is no agreement (H1) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

CONTRACTS - Documents of - Rights of parties should be determined - In accordance with the terms of their contract - Which in this case - Is according to Exhibit 29 (H4) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

CONTRACTS - Failure of - Banking - Foreign exchange - Where appellant Bank agreed to procure foreign exchange - But failed to do so - Respondent is entitled to a return of its money (H4) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

CONTRACTS - Formation of - Acceptance of offer - Must be in the manner and terms attached to the offer (H3) M. O. Kanu, Sons & Co. Ltd v. First Bank Plc. (2006) 5 KLR (pt. 219) 1947

 

CONTRACTS - Formation of - Through correspondence - It must be apparent that parties have come to an agreement - When the correspondence are read together (H2) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

CONTRACTS - Frustration - Banking - Where court finds that the contract had been frustrated - It should not rewrite the agreement (H4) Standard Eng. Ltd v. NBCI (2006) 3 KLR (pt. 213) 965; (2006) 7 NWLR (Pt. 978) 198

 

CONTRACTS - Illegality - Ex-facie - Definition - Claim for outstanding salary - Is ex-facie legal and enforceable (H1) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

CONTRACTS - Illegality - Pleadings - Where contract is not ex-facie illegal - Party that raises defence of illegality - Must plead it and set out the particulars (H3) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

CONTRACTS - Loan facility - Jurisdiction - Statement of defence - Ought to have been filed - Before challenging the court’s jurisdiction - State High Court has jurisdiction - In this simple contract matter (H2) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

CONTRACTS - New tenancy - Creation of - Requirements - Being a bilateral affair - A new tenancy cannot be created - Unless and until both landlord and tenant are ad idem (H4) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

CONTRACTS - Pleadings - Illegality - Where contract is not ex facie illegal - Must be pleaded - With sufficient details as to make the illegality obvious (H1) M. O. Kanu, Sons & Co. Ltd v. First Bank Plc. (2006) 5 KLR (pt. 219) 1947

 

CONTRACTS - Sanctity of - Contract of service - Termination terms - Is as stated in clause 11 of Exhibit G - Which said terms were breached by the respondent (H1) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

CONTRACTS - Specific performance - Basis for the grant - It may be refused - In case of severe hardship to defendant (H1) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

CONTRACTS - Specific performance - Damages - Where claimed in the alternative - Claim for specific performance is jettisoned (H2) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

CONTRACTS - Specific performance - Master & Servant - Termination - That is in breach of contract - Will not usually attract specific performance - Or reinstatement - Save in special circumstances (H2) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

CONTRACTS - Specific performance - Master & Servant - Wrongful termination - Though established in this case - No special circumstance such as statutory flavour exists - To warrant order of specific performance or reinstatement (H3) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

CONTRACTS - Terms - Construction - Duty of Court - Courts interpret agreement - Strictly in its legal content - To give effect to its legal meaning - It is immaterial that the parties were mutually mistaken - As to the legal meaning (H5) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

CONTRACTS - Terms of - Exemption clause - Defendant relying on an exemption clause - Must show that plaintiff - Was aware of the clause - During formation of the contract (H1) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

CONTRACTS - Terms of - Implied terms - International Law - Customs or usages - Enforceability - Unless a usage is locally enacted - Or recognized by courts - As generally accepted - Parties relying on it - Must prove submission of the parties to it (H2) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

CONVEYANCING - Auction sales - Mortgages - Conflict of laws - Auction sale of land - That would have been invalid - Is validated by another law - In protection of a bona fide purchaser (H2) Ibiyeye v. Fojule (2006) 2 KLR (pt. 212) 773; (2006) 3 NWLR (Pt. 968) 640

 

CONVEYANCING - Document - Ambiguity - Exhibit D that witnessed the sale by respondents to appellant - Was not correctly construed by lower court - And it is not ambiguous (H2) Fagbenro v. Arobadi (2006) 2 KLR (pt. 210) 491; (2006) 7 NWLR (Pt. 978) 172

 

CONVEYANCING - Instrument - Definition - Land Instrument Registration Law s. 2 - A document that purports to transfer interest in land - Is an instrument - No matter its form (H3) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

CONVEYANCING - Recitals - Authenticity of which was not challenged - Is conclusive proof of assertion therein (H4) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

CONVEYANCING - Title - Priority of interests - Rival conveyances or competing interests - Will rank according to the order of their creation (H4) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

CONVICTION - Acquittal - Contradictions - In prosecution’s case - Must be material and likely to cause a miscarriage of justice - In order to ground an acquittal (H1) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

CONVICTION - Circumstantial evidence - May secure a conviction for murder - But the evidence must unequivocally point to one direction only - That the accused killed the deceased (H5) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

CONVICTION - Co-accused - Evidence of - Allegation that appellant’s conviction was based thereon - Is misleading (H6) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

CONVICTION - Lesser offence - Where the accused is discharged and acquitted - Of the major charge - Court can convict for a lesser offence (H4) Adava v. State (2006) 2 KLR (pt. 212) 727; (2006) 9 NWLR (Pt. 984) 152

 

CONVICTION - Murder - Defences - Duty of court - Where proof beyond reasonable doubt - Was not established - Conviction shall be set aside (H8) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

CONVICTION - Murder - Manslaughter - Findings of fact - And the judgment of Court of Appeal - As cause of death was not proved - To be traceable to appellant’s act - And it was found as fact - That he had no intention to kill - Conviction for manslaughter is not supportable (H1) Apugo v. State (2006) 7 KLR (pt. 224) 3021; (2006) 15 NWLR (Pt. 1002) 227

 

CONVICTION - Murder - Proof - Contradictions in prosecution’s evidence - Where a mere inaccuracy in narration - The Conviction will not be disturbed (H2) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

CONVICTION - Sentencing - Confiscation of property of appellant - That was voluntarily surrendered by his counsel - Is no double punishment (H5) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

CONVICTION - Stealing - Banking - Concurrent findings of fact - That convicted appellant for conversion - Of money meant for the bank - Is supported by evidence (H4) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

CORROBORATION - Evidence - Of co-accused or accomplices - Can solely be relied upon - In convicting for murder without corroboration - Provided court exercises caution (H3) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

CORROBORATION - Meaning of - It does not mean using the exact words - Unsworn evidence of PW1 in this case - Is properly corroborated (H7) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

COURT PROCESSES - Hearing notices - Fairness in natural justice - Fair hearing - Non-issuance of hearing notice - Where it amounts to breach of fair hearing - Will render proceedings null and void - And result in it being set aside (H3) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

COURT PROCESSES - Jurisdiction - Over actions - Not initiated by due process - Where an action is brought otherwise than by due process - Court lacks jurisdiction to entertain same - As it is not properly before it (H2) University of Ilorin v. Oluwadare (2006) 7 KLR (pt. 223) 2951; (2006) 14 NWLR (Pt. 1000) 751

 

COURT PROCESSES - Originating processes - Service of - Is condition precedent - To exercise of jurisdiction by court (H3) Kida v. Ogunmola (2006) 6 KLR (pt. 220) 2137; (2006) 13 NWLR (Pt. 997) 377

 

COURT PROCESSES - Originating processes - Service of - Object is to give notice to defendant - Of claims against him - And so afford him opportunity to resist them (H2) Kida v. Ogunmola (2006) 6 KLR (pt. 220) 2137; (2006) 13 NWLR (Pt. 997) 377

 

COURT PROCESSES - Writ of execution - Damages - Slip of the pen - Where trial court vide a ruling - Confirmed that the amount of N5 million instead of N5,000.00 - Contained in the signed judgment certificate - Is a slip of the pen - The appellate court will accept it as conclusive (H1) Alh. Yakubu Enter. Ltd v. Omolaboje (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 966) 195

 

COURT PROCESSES - Writ of summons - Substituted service of - Should not be ordered on defendant - Living outside jurisdiction when writ was issued - As defendant must be within jurisdiction - To be bound by writ so served (H1) Kida v. Ogunmola (2006) 6 KLR (pt. 220) 2137; (2006) 13 NWLR (Pt. 997) 377

 

COURTS - Actions - Abuse of court’s process - Same parties and issues should exist - In the two suits - As mere fact of same subject matter - Will not sustain a preliminary objection (H2) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

COURTS - Actions - Competence - Jurisdiction - Allegation of incompetence of action - Raises issue of jurisdiction of Court - Which ought to be dealt with first and foremost (H1) Ofia v. Ejem (2006) 5 KLR (pt. 217) 1697; (2006) 11 NWLR (Pt. 992) 652

 

COURTS - Actions - Counterclaim - Is a substantive action - Which must be proved - To satisfaction of court - To entitle counter claimant to judgment (H4) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

COURTS - Actions - Jurisdiction - Is determined by the nature of plaintiff’s claim (H2) Intergrated Timber & Plywood Ltd v. Union Bank Plc. (2006) 5 KLR (pt. 218) 1753; (2006) 12 NWLR (Pt. 995) 483

 

COURTS - Actions - Reliefs - Issues - Manner of framing the remedy being sought - Should not be dictated by court - Whose role is to consider whether sufficient evidence was led (H1) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

COURTS - Affidavits - Abuse of court’s process - Averment that suit is in bad faith - And in collusion with plaintiffs in former suit - Though not countered - Is not substantiated by evidence (H4) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

COURTS - Amendment of Constitution - Duty of court - Courts cannot amend the Constitution - Though they may introduce change - Through interpretation of its words (H1) Governor Kwara State v. Ojibara (2006) 12 KLR (pt. 226) 3679; (2006) 18 NWLR (Pt. 1012) 645

 

COURTS - Appeals - Admissions - Findings of fact - Not appealed against - Stands admitted and undisputed (H3) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

COURTS - Appeals - Briefs - Issues - Properly distilled from grounds of appeal - Court need only consider these - Not the grounds themselves (H7) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

COURTS - Appeals - Court of Appeal - Once an appeal is entered - In the Court of Appeal - That Court becomes seized of the whole proceedings - And every application therein - Shall be made to that court (H6) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

COURTS - Appeals - Default Judgment - Trial Court’s failure - To consider the defence - In refusing to set aside its default judgment - Justified Court of Appeal’s intervention (H5) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

COURTS - Appeals - Evaluation of evidence - Where trial court abdicates its duty - In relation to proper appraisal of evidence - The appellate court will handle the evaluation (H4) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

COURTS - Appeals - Findings of fact by trial court - Not attacked on appeal - Remain unchallenged and correct - As far as the case of the appellant goes (H2) Nwabuoku v. Onwordi (2006) 5 KLR (pt. 218) 1801

 

COURTS - Appeals - Further evidence - Power of Court of Appeal to admit - On appeal from judgment on the merits - Is limited to when there are special grounds - Like maters occurring after trial (H1) Okoro v. Egbuoh (2006) 6 KLR (pt. 220) 2173; (2006) 15 NWLR (Pt. 1001) 1

 

COURTS - Appeals - Interference - Findings of trial court - Are to be disturbed -Where not supported by evidence - And will lead to a miscarriage of justice (H5) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

COURTS - Appeals - Issues - Concurrent findings - Tribunal of Inquiry - Question of whether it is a quasi-judicial body - Is one of fact - That was concurrently determined by the two lower courts - And no cause was shown to warrant a departure - From the concurrent findings (H2) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

COURTS - Appeals - Issues - Decision of trial court - Where not in issue - Nor appealed against - Court of Appeal has no powers - Under s. 16 of the CA Act - To reverse the decision (H5) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

COURTS - Appeals - Issues - Failure of intermediate appellate court - To consider all issues placed before it - Will not ground alteration of the judgment - In all cases (H7) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

COURTS - Appeals - Issues - Findings - Banking - Subsidiary issue raised by lower court - Is not outside the ground of appeal - And Court of Appeal’s findings - Are not contrary to those of trial court (H3) Olalekan v. Wema Bank Plc (2006) 7 KLR (pt. 222) 2683; (2006) 13 NWLR (Pt. 998) 617

 

COURTS - Appeals - Issues - Intermediate courts - When an intermediate appellate court - Concludes on one issue - It should generally consider the other issues - Irrespective of effect of issue already decided (H3) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

COURTS - Appeals - Issues - May be re-framed or even formulated by court - But the issues must be derived from the grounds of appeal filed by the parties (H2) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

COURTS - Appeals - Leave - Jurisdiction - Where appeal requires leave - And time within which to appeal has expired - Appellant must obtain extension of time to seek leave - Leave and extension of time to appeal - For appellate court to have jurisdiction (H2) Adelekan v. ECU-Line NV (2006) 5 KLR (pt. 218) 1713; (2006) 12 NWLR (Pt. 993) 33

 

COURTS - Appeals - Murder - Giving effect to the constitutional provision - Guaranteeing automatic right of appeal to Supreme Court - Is for court to appoint fresh counsel for appellant (H2) Odediran v. State (2006) 12 KLR (pt. 226) 3699; (2006) 18 NWLR (Pt. 1012) 671

 

COURTS - Appeals - Record of the court - Allegation against the court - That is not substantiated - By the lower court’s record - Will not be upheld (H7) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

COURTS - Appeals - Reply - Finding of appellate High Court - That counter affidavit is not a reply - Where not appealed against - It remains binding on the parties (H5) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

COURTS - Appeals - Retrial - Basis for the order - Specific finding - Should be made by trial court on every relevant issue - Where it fails to do so - And the finding depends on witnesses’ credibility - Appellate court should Order a retrial (H4) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

COURTS - Appellate Court - Approach to findings of fact by trial court - Presumes the findings to be right - Placing onus on the party challenging them to show otherwise (H1) Onu v. Idu (2006) 6 KLR (pt. 220) 2195; (2006) 12 NWLR (Pt. 995) 657

 

COURTS - Appellate courts - Jurisdiction - Once it is decided - That lower court - Lacked jurisdiction - Appellate Court - Is without jurisdiction - To look into merits of the appeal (H3) Ehuwa v. Ondo State Inde. Elect. Comm. (2006) 12 KLR (pt. 226) 3573; (2006) 18 NWLR (Pt. 1012) 544

 

COURTS - Appellate courts - Record of appeal - Effect on Appellate Court - Appellate Court cannot go outside the record - To raise issues suo motu - As it is bound - By the record of appeal (H4) Enekwe v. Inter. Merchant Bank Ltd (2006) 12 KLR (pt. 226) 3645; (2006) 19 NWLR (Pt. 1013) 146

 

COURTS - Arbitration Act - Interpretation - Clear words - Should be given effect - Without resort to external aid - Arbitration tribunal has the power - To determine venue for the proceedings s.16 (1) & (2) of the Act (H2) NNPC v. Lutin Investments Ltd (2006) 1 KLR (pt. 208) 59; (2006) 2 NWLR (Pt. 965) 506

 

COURTS - Arraignment - Requirements of a valid arraignment - Which include satisfactory explanation of the charge - Was complied with - Though court used the word appears (H1) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

COURTS - Caution - Evidence - Of co-accused or accomplices - Can solely be relied upon - In convicting for murder without corroboration - Provided court exercises caution (H3) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

COURTS - Caution - Murder - Common intention - Was wrongly inferred by lower courts - As there was no evidence in support - Need for court to be cautious (H6) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

COURTS - Chieftaincy Matters - Declaratory Relief - Jurisdiction of High Court - Extends to the granting of declaratory reliefs in chieftaincy matters (H1) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

COURTS - Claim - Title - Boundary - Scope - To ascertain plaintiff’s claim - It is necessary to examine - Not only the writ and statement of claim - But also plans filed along - With the statement of claim (H2) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

COURTS - Claims - Inelegant drafting of - Though Respondent’s claim is inelegantly drafted - He is entitled to the relief sought - As courts aim at doing substantial justice - Without undue adherence to technicalities (H4) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

COURTS - Concurrent findings of fact - Attitude of Supreme Court - It will not disturb concurrent findings of two lower courts - Unless shown to be perverse - And such has not been shown - In the instant case (H1) Ben v. State (2006) 7 KLR (pt. 222) 2645; (2006) 16 NWLR (Pt. 1006) 582

 

COURTS - Consent judgment - Is as effective as usual judgment - In all matters settled therein - And such settled questions - Were wrongfully reopened in this case (H4) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

COURTS - Constitutional law - Interpretation - Clear words of the Constitution - Subsidiary legislation - Cannot take away a constitutional power (H5) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

COURTS - Contracts - Documents - Interpretation of - It is not the duty of court - To make contracts for parties - By reading into it terms - On which there is no agreement (H1) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

COURTS - Contracts - Frustration - Banking - Where court finds that the contract had been frustrated - It should not rewrite the agreement (H4) Standard Eng. Ltd v. NBCI (2006) 3 KLR (pt. 213) 965; (2006) 7 NWLR (Pt. 978) 198

 

 

COURTS - Contracts - Terms - Construction - Duty of Court - Courts interpret agreement - Strictly in its legal content - To give effect to its legal meaning - It is immaterial that the parties were mutually mistaken - As to the legal meaning (H5) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

COURTS - Court of Appeal - Extension of time - Within which to appeal - Application should normally be granted - Where delay was due to pardonable inadvertence of counsel as in this case - Court of Appeal was wrong to have refused it (H4) Ogundimu v. Kasunmu & Ors. (2006) 6 KLR (pt. 220) 2155

 

COURTS - Court of Appeal - Jurisdiction - Sheriffs and Civil Process Act, s. 22(2) - Confers both original and appellate jurisdiction - On the Court of Appeal - In respect of matters stated therein (H1) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

COURTS - Criminal procedure - Evidence of a child - Prior investigation by trial court - Burden on party who alleges that there was no investigation - Was not discharged by appellant (H4) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

COURTS - Criminal procedure - Witnesses - Contradictions - Effect of material discrepancy in testimony - Need for court to make finding - In relation to any contradiction (H2) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

COURTS - Criminal prosecution - Federal High Court - Police Act s. 23 - Power to prosecute criminal cases - Without A-G’s fiat - Can be exercised by the Police - Vide s. 174(1) 1999 Constitution (H7) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

COURTS - Criminal prosecution - S.174(1)(b) 1999 Constitution - On the issue of criminal prosecution by any person - Before superior courts of record - Is presumed to mean any legal practitioner (H3) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

COURTS - Customary law - Chiefs - Selection of - Jurisdiction - Court has no jurisdiction to make declarations - Of customary law relating to selection of chiefs - Though it can make a finding on what law is applicable - And apply it in a declaratory relief (H2) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

COURTS - Damages - Award of - Currency - Fairness - Where the circumstances justify - That the award be in foreign currency - The Court should do so (H3) Afribank Plc. v. Akwara (2006) 1 KLR (pt. 208) 1; (2006) 5 NWLR (Pt. 974) 619

 

COURTS - Damages - General damages - Quantum of - Though in awarding general damages - Courts have discretion in assessing the quantum - Such exercise however must be related to the evidence - In the instant case - Amount awarded is manifestly too low (H8) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

COURTS - Decisions - Estoppel - Trial Court’s earlier decision - Operated as an estoppel to bar appellants - From making another later similar application (H2) Shell Petroleum v. X.M. Federal Ltd (2006) 7 KLR (pt. 224) 3171; (2006) 16 NWLR (Pt. 1004) 189

 

COURTS - Default judgment - Considerations court will make - In setting aside judgment given in default of defence - Includes whether the exhibited statement of defence - Shows the case to be unsupportable (H4) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

COURTS - Discretion - Appeals - Discretionary order by trial court - Was wrongfully interfered with by Court of Appeal - Without first holding that reasoning of trial court - Was unsustainable (H4) Banna v. Telepower Ltd (2006) 7 KLR (pt. 222) 2621; (2006) 15 NWLR (Pt. 1001) 198

 

COURTS - Discretion - Appeals - Interference - Discretion of trial court - Where properly exercised - Appellate court will not interfere therewith (H1) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

COURTS - Discretion - Exercise of by court of first instance - Should be treated with respect - By appellate Courts - Even though appellate courts - Feel they would have exercised the discretion differently (H2) Banna v. Telepower Ltd (2006) 7 KLR (pt. 222) 2621; (2006) 15 NWLR (Pt. 1001) 198

 

COURTS - Discretion - Interlocutory injunction - Object of - Where the acts had been completed - Court of Appeal rightly set aside the order (H1) Ideozu v. Ochoma (2006) 2 KLR (pt. 210) 517; (2006) 4 NWLR (Pt. 970) 364

 

COURTS - Discretion - Stay of execution - What court would consider - Before granting a stay - Includes ensuring that a party - Does not obtain the very reliefs he lost (H4) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

COURTS - Discretion - Where properly exercised - Appellate court would not interfere - Merely because it would have exercised its discretion differently (H2) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

COURTS - Dismissal of suit - Rivers State High Court Rules - O. 37 r. 8 - Gives trial court authority to dismiss suit - Where plaintiff is absent and defendant present - On date of hearing (H1) Banna v. Telepower Ltd (2006) 7 KLR (pt. 222) 2621; (2006) 15 NWLR (Pt. 1001) 198

 

COURTS - Documents - Probative value of - Judge can expunge or disregard a document earlier admitted in evidence - In the course of evaluating the totality of evidence - To arrive at a proper decision (H3) Nwabuoku v. Onwordi (2006) 5 KLR (pt. 218) 1801

 

COURTS - Duty - Criminal defences - Appeals - Courts have the duty - To avail accused of open defence - Whether or not he has expressly asked for it (H3) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

COURTS - Duty - Murder - Defences - Where proof beyond reasonable doubt - Was not established - Conviction shall be set aside (H8) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

COURTS - Duty - Oral evidence - Appraisal of - Is duty of trial court - Court of Appeal will only interfere where findings of fact by trial court - Is not supported by evidence on record - Which is not so in this case (H1) Gbadamosi v. Governor of Oyo State (2006) 6 KLR (pt. 221) 2369; (2006) 13 NWLR (Pt. 997) 363

 

COURTS - Duty of - In a civil action - Court is not to grant claims not asked for - Its duty is to render unto a party according to his proven claim (H11) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

COURTS - Duty of - Is to determine all disputes properly brought before them - Guided by rules of law and procedure - As done by the 2 lower courts in this case (H9) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

COURTS - Enrolment of order - Actual ruling of court - Supersedes its enrolment of order - Where enrolment fails to reflect the entire decision (H4) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

COURTS - Error - Amendment of statute - Duty of Court - Is to give effect to every existing statute - And amendment thereto - Court of Appeal misinterpreted the statute in issue - By ignoring the amendment (H2) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

COURTS - Evidence - Admissibility - Document - That was not part of plaintiff’s case - Was wrongfully fished out suo motu - And relied upon by trial court - And appellate court will reject such inadmissible evidence (H4) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

COURTS - Evidence - Admissibility - Duty of counsel - Where inadmissible evidence is tendered - Even with consent of the opposite party - Courts cannot act on it - Where it is inadmissible by law (H1) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

COURTS - Evidence - Compliance - With ss. 154 & 182 Evidence Act - In obtaining the evidence of a child - In criminal proceedings - Trial court complied with that law (H3) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

COURTS - Evidence - Criminal procedure - Expert opinion - Or direct evidence - Where lacking on a subject - Trial court can rely on cogent inferential evidence (H3) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

COURTS - Evidence - Evaluation - Right approach to - Trial court cannot pick and choose evidence to be assessed - But should evaluate the totality of evidence - Led by both parties before the court (H1) Onisaodu v. Elewuju (2006) 7 KLR (pt. 222) 2695; (2006) 13 NWLR (Pt. 998) 517

 

COURTS - Evidence - Evaluation - Rule in Kojo v. Bonsie - For the rule to apply - There must be evidence of traditional history - From both parties - Equally persuasive - Such that the Court cannot justifiably - Prefer one to the other (H2) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

COURTS - Evidence - Evaluation of - Though generally work of trial judge - Where point in dispute is the proper inference from proven facts - Appeal court is in as good a position as trial judge - And should intervene to correct any error by trial judge (H6) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

COURTS - Evidence - Improper reliance by trial court - On s. 149(d) of Evidence Act - Not enough to warrant interference with its findings of fact - As findings would have been same - Without such reliance (H4) Onu v. Idu (2006) 6 KLR (pt. 220) 2195; (2006) 12 NWLR (Pt. 995) 657

 

COURTS - Evidence - Uttering a document - Proof - Where there is no evidence of a handwriting expert - Court can rely on strong circumstantial evidence (H4) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

COURTS - Evidence - Witnesses - Credibility of - Where the issue turns on the credibility of witness - Appellate Court must defer to the opinion of the trial court (H6) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

COURTS - Evidence - Witnesses - Testimony of - In ascribing probative value the court considers cogency - Consistency and reasonableness of testimony - In relation to other evidence before it (H5) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

COURTS - Failed Banks - Decree 1999 ss. 2 and 3 - Scope of - Jurisdiction conferred on Federal High Court thereunder - Does not include matters already determined by the Tribunal - And for which time of appeal has passed (H3) Arewa Paper Converters Ltd v. N.I.D.C. Ltd (2006) 7 KLR (pt. 223) 2741; (2006) 15 NWLR (Pt. 1002) 404

 

COURTS - Fair hearing - Access to the courts - Is granted to every citizen vide s. 33(1) 1979 Constitution - And under the twin pillars - Of the common law concept of natural justice (H1) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

COURTS - Fair hearing - Breach of - Burden of proof - Is on the party who alleges breach - Facts and circumstances of each case - Should be considered (H2) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

COURTS - Fair hearing - Breach of - Where a party is given ample opportunity - And conducive atmosphere to present his case - But he fails to utilize them - His right to fair hearing is not breached (H4) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

COURTS - Fair hearing - Denial - Where court creates environment - For fair hearing of a case for both parties - A party that fails to utilize the fair process - Cannot accuse the court (H5) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

COURTS - Federal High Court - Admiralty jurisdiction of - Does not extend to banker/customer relationship - Having been ousted by proviso to para (d) of s. 230(1) of 1979 Constitution (H1) Intergrated Timber & Plywood Ltd v. Union Bank Plc. (2006) 5 KLR (pt. 218) 1753; (2006) 12 NWLR (Pt. 995) 483

 

COURTS - Federal High Court - Jurisdiction - Over failed bank matters - By Tribunals Decree 1999 - The Jurisdiction covers only part-heard matters - Prior to 28/05/1999 - Or new matters after that date (H2) Arewa Paper Converters Ltd v. N.I.D.C. Ltd (2006) 7 KLR (pt. 223) 2741; (2006) 15 NWLR (Pt. 1002) 404

 

COURTS - Federal High Court - Jurisdiction of - Does not extend to cases of simple contract - Or damages for negligence (H4) Adelekan v. ECU-Line NV (2006) 5 KLR (pt. 218) 1713; (2006) 12 NWLR (Pt. 993) 33

 

COURTS - Findings - Actions - Proof - Failure of defendant to adduce evidence - Minimum evidence adduced by plaintiff - Will be taken as sufficient proof of the case (H7) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

COURTS - Findings - Banking - Fixed deposit - Original amount fixed - Can no longer be claimed - As it was transferred into plaintiff’s other accounts - Towards settlement of outstanding debts - As rightly found by the lower courts (H1) Olalekan v. Wema Bank Plc (2006) 7 KLR (pt. 222) 2683; (2006) 13 NWLR (Pt. 998) 617

 

COURTS - Findings - Criminal procedure - Witnesses - Allegation of inconsistencies in their statements to the Police - And their oral evidence - Will fail - Where trial judge finds them to be witnesses of truth (H1) Adava v. State (2006) 2 KLR (pt. 212) 727; (2006) 9 NWLR (Pt. 984) 152

 

COURTS - Findings - Witnesses - Inducement of murder - First statement of some prosecution witnesses - Were rightly found by lower courts - To be induced (H1) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

COURTS - Hearing - Motions - Refusal of trial court to hear counsel move motion - Did not occasion miscarriage of justice - In the peculiar circumstances of this case - Where Supreme Court will come to same conclusion (H4) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

COURTS - Hearing - Undefended suits - Intention to defend - Where trial Judge did not hear the parties - Before granting leave to defend - He jumped the gun (H2) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

COURTS - Holdings - Evidence - Proof - Evidence of plaintiff - Must bring out facts as averred - In statement of claim - Else court will hold he failed to prove his case (H2) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

COURTS - Identity of accused - Where alleged to be mistaken - Court must receive the identification evidence with caution - Before convicting accused on the strength of it (H1) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

COURTS - Interference - Legislation - Language used - Where clear and unambiguous - Courts must give the words their ordinary meaning - And not interfere with the Legislature’s exclusive domain (H2) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

COURTS - Interlocutory applications - Definitive pronouncements - On substantive case - Upon hearing of interlocutory application - Was right in this case - As necessary to resolve the issue on appeal - Relating only to the 8th and 9th defendants - (H2) Duru v. Nwangwu (2006) 5 KLR (pt. 219) 1935

 

COURTS - Interlocutory applications - Pronouncements - On matters in dispute between he parties - Was wrongfully made - By the two lower Courts (H1) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

COURTS - Interpretation of documents - Criminal procedure - Uttering a bank cheque - Expert opinion - Appellant’s move to rely on only favourable part of the Exhibit - Is plain mischief - As the entire document must be interpreted as a whole (H5) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

COURTS - Issues - As formulated by parties - Binding effect on court - Court is not bound - To take the issues as such - But has a duty to examine the facts - And take issues - That will resolve the matter (H1) Enekwe v. Inter. Merchant Bank Ltd (2006) 12 KLR (pt. 226) 3645; (2006) 19 NWLR (Pt. 1013) 146

 

COURTS - Issues - Duty - Court adjudicates legal interests of parties - Not mere academic questions - No matter how beneficial such questions may be to the public (H5) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

COURTS - Issues - Duty of court - To pronounce thereon - Where preliminary objection succeeds - Court is not under a duty to consider arguments - On other issues for determination (H4) Union Bank of Nig. Plc v. Sogunro (2006) 7 KLR (pt. 224) 3207; (2006) 16 NWLR (Pt. 1006) 504

 

COURTS - Issues - Judgments - Must be confined to issues raised by the parties - For court to go outside such issues - May occasion miscarriage of justice (H5) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

COURTS - Issues - Raised by parties - Courts are not bound - To answer any question raised by litigants - Unless the point is necessary and material - For resolution of the case before it - As courts do not engage in academic exercise (H2) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

COURTS - Issues - Taxation - Appeals - Reply - Points of law - Where no reply was filed by respondent - To appellants’ statement of grounds of appeal - Before the appellate High Court - Respondents’ point of law - Cannot be considered (H12) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

COURTS - Issues - Taxation - Assessment - Appeals - Unchallenged finding that 1st respondent lacks vires - For the assessment of taxes - Makes lower court’s going into other issues unnecessary (H11) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

COURTS - Judge’s opinion - Relevancy - Opinion evidence is irrelevant - Though it be that of a judge - So far as he is not acting in his official capacity - As in this case (H8) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

COURTS - Judgment - Error in - Must be substantial to result in an appeal being allowed - It must be shown to have occasioned a miscarriage of justice (H2) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

COURTS - Judgments - Clerical slips - Court that delivered the judgment - Or another court of coordinate jurisdiction - Has power to effect needed correction (H2) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

COURTS - Judgments - Damages - Slip of the pen - Where trial court vide a ruling - Confirmed that the amount of N5 million instead of N5,000.00 - Contained in the signed judgment certificate - Is a slip of the pen - The appellate court will accept it as conclusive (H1) Alh. Yakubu Enter. Ltd v. Omolaboje (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 966) 195

 

COURTS - Judgments - Error - Power of trial court to correct its clerical error - Does not include rehearing or reviewing the matter - As was wrongfully done in this case (H3) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

COURTS - Judgments - Instrument - Meaning - Jurisdiction - Lagos High Court Rules O. 46 r. 1 - Court of coordinate jurisdiction - Lacks jurisdiction to determine issue of construction - Of a sister court’s judgment (H1) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

COURTS - Judgments - Per incuriam decision - Selection of chief - Village heads - Function of - Is to nominate 3 candidates under the law - While Emirate Council will nominate one of them - For the Governor’s appointment - Lower court acted per incuriam - In holding otherwise (H5) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

COURTS - Judgments - Revocation of - Default judgment - Where judgment was given in default of defence - The trial judge can set it aside (H3) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

COURTS - Judgments - Setting aside of - Power of court - Where judgment is a nullity - Superior Court of record have inherent jurisdiction - To set aside its own judgment or order - That is null by a fundamental defect (H3) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

COURTS - Judicial precedents - Stare decisis - Supreme Court - Is bound by its previous decision in Macaulay case - As it is on all fours with the present case (H3) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

COURTS - Judicial review - Tribunals - As rules of natural justice - Are now to be observed by all bodies - It is no longer necessary - Differentiating between their nature - As all tribunals are to observe rules of natural justice - Be they judicial or executive bodies (H3) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

COURTS - Jurisdiction - Actions - Negligence and breach of contract claim - Having nothing to do with marine navigation - Nor monetary policy of the government - State High Court has jurisdiction (H1) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

COURTS - Jurisdiction - Appeals - Competence - Leave - Appellate jurisdiction of High Court - In Taxation matters from the decision of Tax Authority - Is not destroyed because the appeal before the High Court - Is pursuant to the High Court Rules - As provided by the relevant statute (H4) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

COURTS - Jurisdiction - Appeals - Leave - Where lower court lacked jurisdiction - Over some grounds of appeal filed without leave - The other party’s conduct in not objecting - Cannot legally confer jurisdiction (H10) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

COURTS - Jurisdiction - Appeals - Supreme Court - Does not entertain direct complaints - Against the decision of the High Court (H8) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

COURTS - Jurisdiction - Compensation for land - Is not same as claim connected to mines and minerals - As to oust State High Court’s jurisdiction (H4) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

COURTS - Jurisdiction - Concurrent jurisdiction - Application to set aside wrongful execution - Like application for stay of execution - Is a matter over which both High Court and Court of Appeal have concurrent jurisdiction (H2) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

COURTS - Jurisdiction - Failed Banks Tribunal - Is empowered to try other offences not specified in the Decree - Miscarriage of justice was not occasioned - By appellant not being tried in the usual courts (H2) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

COURTS - Jurisdiction - Issue of - Should not be used to be-cloud the real issue - Or to bamboozle the court (H4) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

COURTS - Jurisdiction - Legislation - Power to transfer a matter - Under s. 22 of Federal High Court Act - Lagos State High Court cannot transfer matters to Federal High Court - Till State Assembly legislates on that subject (H1) Fasakin Foods Ltd. v. Shosanya (2006) 4 KLR (pt. 216) 1447; (2006) 10 NWLR (Pt. 987) 126

 

COURTS - Jurisdiction - Legislation - Revocation - Where a subsequent legislation - Revokes an earlier one - Courts lack jurisdiction - To still rely on the revoked legislation - It is the Legislature’s function to make laws - Vide doctrine of separation of powers (H4) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

COURTS - Jurisdiction - Objection to - Not being an ordinary point of law - Objection to jurisdiction - Need not be raised in a statement of defence - As O. 23 does not apply to it (H2) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

COURTS - Jurisdiction - Originating processes - Service of - Is condition precedent - To exercise of jurisdiction by court (H3) Kida v. Ogunmola (2006) 6 KLR (pt. 220) 2137; (2006) 13 NWLR (Pt. 997) 377

 

COURTS - Jurisdiction - Over actions - Not initiated by due process - Where an action is brought otherwise than by due process - Court lacks jurisdiction to entertain same - As it is not properly before it (H2) University of Ilorin v. Oluwadare (2006) 7 KLR (pt. 223) 2951; (2006) 14 NWLR (Pt. 1000) 751

 

COURTS - Jurisdiction - Reliefs - Principal relief in the Third Party Notice - Emanates from Pre-Shipment Inspection duty - Thereby making State High Court - To lack jurisdiction (H4) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

COURTS - Jurisdiction - Reliefs claimed - Sole reference to its nature - Is what determines jurisdiction - And competence of the action (H1) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

COURTS - Jurisdiction - Shares - Company and Allied Matters Act - Matters arising therefrom - Fall within Federal High Court’s exclusive jurisdiction - And any State legislation on such matters - Is unconstitutional (H5) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

COURTS - Jurisdiction - Transfer of case - State High Court - Can transfer a case from itself - To Federal High Court - Vide s. 22(3) Federal High Court Act (H5) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

COURTS - Jurisdiction - Where not available - Proper order for the court to make - Is an order striking out the proceedings - Not an order of transfer (H3) Fasakin Foods Ltd. v. Shosanya (2006) 4 KLR (pt. 216) 1447; (2006) 10 NWLR (Pt. 987) 126

 

COURTS - Jurisdiction- Election Petition - As shown clearly by plaintiff’s claim - Subject matter of the suit is election petition - Already concluded by Court of Appeal - Federal High Court was therefore right - To decline jurisdiction (H3) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

COURTS - Jurisprudence - Doubt - Contradictions in prosecution’s case - Will not be fatal - Unless they relate to fundamental and core issues (H4) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

COURTS - Justice - Appeals - Issues - Preliminary objection - Against appellant’s issue 2 - Is discountenanced for being misconceived - Courts now pursue doing substantial justice (H6) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

COURTS - Justice - Remedy - Where court is faced with issue of pure justice - And abstract law - It should mete out justice - Understandable to the common man (H3) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

COURTS - Land law - Evidence - Evaluation of - Is the trial court’s primary duty - Expunging wrongfully admitted evidence on appeal - Does not provided a ground - For reversal of the judgment in this case (H7) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

COURTS - Land law - Title - Traditional histories - It is not in every case of conflict therein - That the court resorts to recent acts - It first tests each history - Against other evidence adduced before it (H4) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

COURTS - Land matters - Abuse of court’s process - Issues and nature of disputes - In the two actions - Support lower courts’ findings - Of no multiplicity or abuse of court’s process (H3) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

COURTS - Land Use Act - Right of occupancy - Revocation of, by the Governor - Must be as provided in s. 28 of the Act - Or court will declare it invalid (H5) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

COURTS - Misconception - Interlocutory injunction - Basis of the application - Was not misconceived by lower court - As wrongfully alleged (H2) Ideozu v. Ochoma (2006) 2 KLR (pt. 210) 517; (2006) 4 NWLR (Pt. 970) 364

 

COURTS - Motions - Fair hearing - Adjournment - Where applicant has finished moving his motion - Grant of application for adjournment to respondent - At that stage on a flimsy reason - Will not be proper (H3) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

COURTS - Motions - Hearing of - Motion to arrest judgment - Onyekwuluje case - Decided that a court must hear a motion - Or any process before it - Even if improperly filed (H2) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

COURTS - Murder - Findings of fact - And the judgment of Court of Appeal - As cause of death was not proved - To be traceable to appellant’s act - And it was found as fact - That he had no intention to kill - Conviction for manslaughter is not supportable (H1) Apugo v. State (2006) 7 KLR (pt. 224) 3021; (2006) 15 NWLR (Pt. 1002) 227

 

COURTS - Murder - Orders - Propriety of - Where cause of death - Is not traced to act of accused - In a charge of murder - Proper order to make - Is for discharge and acquittal (H2) Apugo v. State (2006) 7 KLR (pt. 224) 3021; (2006) 15 NWLR (Pt. 1002) 227

 

COURTS - Neutrality - Where trial court took side with plaintiff - Court of Appeal rightly set aside its judgment (H5) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

COURTS - Opinion - Meaning of - Within the context of s.183(1), (2) & (3) Evidence Act - In respect of court’s handling - Of evidence of a child in criminal proceeding (H1) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

COURTS - Pleadings - Awards that were not pleaded - Or asked for - Should not be made by the court (H2) Standard Eng. Ltd v. NBCI (2006) 3 KLR (pt. 213) 965; (2006) 7 NWLR (Pt. 978) 198

 

COURTS - Pleadings - Issues - Facts - On which parties agree in their pleadings - Where not in dispute - Court should accept them as proved - Without further evidence (H3) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

COURTS - Pleadings - Issues - Where defendant joins issues with plaintiff - Statement of claim must be ventilated in court - By adducing evidence - Without which the statement of claim is moribund and useless (H1) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

COURTS - Pleadings - Suo motu issue - Identity of land - Was not raised by court suo motu - And once identity is not established - Document of Sale - Will not be considered (H4) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

COURTS - Powers - Constitution - Supremacy of - Effect on other Laws or Acts - Where they are inconsistent with the Constitution - Court has jurisdiction to declare them invalid, null and void (H2) Fasakin Foods Ltd. v. Shosanya (2006) 4 KLR (pt. 216) 1447; (2006) 10 NWLR (Pt. 987) 126

 

COURTS - Proceedings - Recording of - Court is not to record every little detail - But the relevant proceedings - That will ensure just determination of a case (H2) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

COURTS - Recording - Charges - Amendment - Court’s mere irregularity vide incomplete recording - Did not affect appellant’s trial and conviction - And there is no apparent miscarriage of justice (H4) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

COURTS - Refusal of precedent - There are material contradictions - In testimonies of defence witnesses - To justify trial judge’s refusal - To apply the rule in Kojo v. Bonsie (H3) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

COURTS - Relief - Not considered by trial court - Was Wrongfully granted by Court of Appeal - Seeing that where a court grants the 1st relief - It is precluded from pronouncing on the alternative relief (H5) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

COURTS - Reliefs - Granting of - Court is confined to the reliefs of the plaintiff - Defendant can only seek reliefs - Where he counter claims (H25) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

COURTS - Retrial order - Is made where trial court fails to make findings - On issues for adjudication - And evidence on record is such that appellate court cannot make such findings on it - Not where plaintiff failed to prove his case (H6) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

COURTS - Specific findings - Challenge on appeal - Appellant challenging specific finding - Must raise specific ground - As it cannot be covered by the omnibus ground - Else he cannot be heard - To question that finding on appeal (H2) Opara v. Dowel Schlumberger Ltd (2006) 7 KLR (pt. 224) 3141; (2006) 15 NWLR (Pt. 1002) 342

 

COURTS - Statement to the police - Evidence of a co-accused - Guiding legal principles - Court is to view evidence of co-accused with circumspection - Before convicting on it (H7) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

COURTS - Statutes - Construction - Jurisdiction - Pre-Shipment Inspection of Imports Act s. 9(2) - As to jurisdiction of the Federal High Court - Was properly construed by the Court of Appeal (H1) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

COURTS - Statutes - Interpretation - Courts - Are to give the words used in a statute - Their ordinary meaning - And not to introduce extraneous matters - Where the provisions are clear (H1) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

COURTS - Statutes - Interpretation - Golden rule principle - Where a statute can be construed in the negative or positive - Court should adopt the interpretation - More in tune with public benefit (H6) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

COURTS - Statutes - Interpretation - Prosecuting criminal suit before Federal High Court - Can be done by the Police - Or any other authority - Subject to A-G’s power - To take over or discontinue the prosecution (H4) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

COURTS - Statutes - Interpretation - That appears to defeat intention of the legislature - Should not be followed - So as to give liberal interpretation to clear provisions (H4) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

COURTS - Statutes - Interpretation - Words used in a statute - That are clear and unambiguous - Should be given their ordinary plain meaning (H3) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

COURTS - Title - Auction sale of land - By court in levying execution of judgment - Is null and void - Where the land had been validly assigned - To the purchaser’s and court’s knowledge (H5) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

COURTS - Title - Claim to - Failure of plaintiff to prove his claim to title - And consequent dismissal of his claim by court - Does not automatically confer the title to defendant (H1) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

COURTS - Title - Evaluation of evidence - Identity of land - Must be shown with certainty - That an Exhibit suggests uncertainty of boundaries - Will not stop the court - From determining the issue of boundary (H8) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

COURTS - Title - Locus in quo - Identity of land - Mere stating the street and its number - Is not proof of identity - And visit to the locus in this case - Shows that identity was not proved (H3) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

COURTS - Witnesses - Competence - Judicial precedents - Obtaining the evidence of a child in criminal cases - Steps the court should take under ss. 154 & 182 Evidence Act (H2) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

CREATION OF STATES - Assets & liabilities - Joint ownership of - Is not prohibited by s. 7(1) of the State Creation Act 1996 - So that defendant’s counterclaim - To sole ownership of landed property located outside the old Rivers State - Has no foundation (H6) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

CREATION OF STATES - Claim - Basis of - It is evident - On the pleadings - That this action is not based on contract - But on the legal effects - Of creation of states (H2) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

CREATION OF STATES - Claim - Committees - Liability of defendant - Determination - Without direct challenge of Afolayan reports - They displace Salihu recommendations - As basis of defendant’s liability herein (H7) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

CREATION OF STATES - Implications - Creation of states - Out of existing states - Legal effect - Is that such existing state - Ceases to exist - As a judicial entity (H5) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

CREATION OF STATES - Statutes - Interpretation - States Creation Act 1996 s.7(1) - Vests specific assets - On newly created states - But does not vest assets - On States out of which they are created (H4) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

CRIMINAL LAW - Accidents - Dangerous driving - Causing death by - Federal Highway Decree ss. 4 & 5(1) - Same facts are necessary to prove offences under both sections - Though a resultant death must also be proved in respect of s. 4 (H1) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

CRIMINAL LAW - Banking - Failed Banks Tribunal, s. 3(1) of Decree No. 18 1994 - Stealing and allied offences appellant was charged with - Arose out of the business of a bank (H1) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

CRIMINAL LAW - Defences - Accident - Test for the defence - Is whether act was done independently of the will - Of accused person - Or resultant event is totally unexpected - In the ordinary course of events - Accused herein failed to prove either (H2) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

CRIMINAL LAW - Defences - Self defence - On the facts as found by trial court - Self defence plea availed appellant - As held by the Court of Appeal - Consequently that court was in error - Not to have discharged and acquitted him (H3) Apugo v. State (2006) 7 KLR (pt. 224) 3021; (2006) 15 NWLR (Pt. 1002) 227

 

CRIMINAL LAW - Manslaughter - Proof - Burden of - Once commission of crime is in issue - It must be proved beyond reasonable doubt -It is the duty of the prosecutor - To adduce evidence to prove manslaughter - And he has failed to do so (H4) Apugo v. State (2006) 7 KLR (pt. 224) 3021; (2006) 15 NWLR (Pt. 1002) 227

 

CRIMINAL LAW - Murder - Orders of court - Propriety of - Where cause of death - Is not traced to act of accused - In a charge of murder - Proper order to make - Is for discharge and acquittal (H2) Apugo v. State (2006) 7 KLR (pt. 224) 3021; (2006) 15 NWLR (Pt. 1002) 227

 

CRIMINAL PROCEDURE - Alibi - Defence of - Time element - Effect of failure to investigate the plea - Superior evidence crumbles the defence (H9) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

CRIMINAL PROCEDURE - Alibi - Implication of the defence - Time element - Should be to the minutest detail (H8) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

CRIMINAL PROCEDURE - Appeals - Charges - Error therein - Where not raised at trial court - Objection on appeal will be ignored - Where accused was not misled by the errors (H7) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

CRIMINAL PROCEDURE - Appeals - Leave - Jurisdiction - Charges - Issue of competence of charge - Being an issue of jurisdiction - Can be raised for the first time without leave - Before the Supreme Court (H2) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

CRIMINAL PROCEDURE - Armed robbery - Defences - Change of mind - Claimed by appellant as a defence - Has no basis (H8) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

CRIMINAL PROCEDURE - Armed rubbery - Common purpose - Where established - Proof of what each accused did in the actualization - Is immaterial (H5) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

CRIMINAL PROCEDURE - Arraignment - Requirements of a valid arraignment - Which include satisfactory explanation of the charge - Was complied with - Though court used the word appears (H1) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

CRIMINAL PROCEDURE - Banking - Failed Banks Tribunal - Jurisdiction - Where appellant falsely represented - That a bank he is chairman of - Has US dollars to sell - The Tribunal has jurisdiction to try him (H3) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

CRIMINAL PROCEDURE - Burden of proof - Never shifts from the prosecution - Save in certain exceptional cases like insanity (H7) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

CRIMINAL PROCEDURE - Charges - Amendment - Court’s mere irregularity vide incomplete recording - Did not affect appellant’s trial and conviction - And there is no apparent miscarriage of justice (H4) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

CRIMINAL PROCEDURE - Charges - Trial - Is not vitiated - Merely because accused was charged and tried under punishment section - Instead of definition section - Unless it occasioned miscarriage of justice - Which it did not in this case (H1) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

CRIMINAL PROCEDURE - Circumstantial evidence - May secure a conviction for murder - But the evidence must unequivocally point to one direction only - That the accused killed the deceased (H5) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

CRIMINAL PROCEDURE - Co-accused - Evidence of - Allegation that appellant’s conviction was based thereon - Is misleading (H6) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

CRIMINAL PROCEDURE - Co-accused - Statement to the police - Evidence of a co-accused - Guiding legal principles - Court is to view evidence of co-accused with circumspection - Before convicting on it (H7) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

CRIMINAL PROCEDURE - Contradictions - Appeals - Principles guiding allegation of contradictions - In the evidence of witnesses - Reversal will not follow in all cases (H5) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

CRIMINAL PROCEDURE - Contradictory statement - Meaning of - Is a direct opposite of earlier statement - PW2’s statement did not contradict that of PW1 (H6) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

CRIMINAL PROCEDURE - Conviction - Lesser offence - Where the accused is discharged and acquitted - Of the major charge - Court can convict for a lesser offence (H4) Adava v. State (2006) 2 KLR (pt. 212) 727; (2006) 9 NWLR (Pt. 984) 152

 

CRIMINAL PROCEDURE - Courts - Criminal prosecution - S.174(1)(b) 1999 Constitution - On the issue of criminal prosecution by any person - Before superior courts of record - Is presumed to mean any legal practitioner (H3) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

CRIMINAL PROCEDURE - Courts - Evidence - Compliance - With ss. 154 & 182 Evidence Act - In obtaining the evidence of a child - In criminal proceedings - Trial court complied with that law (H3) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

CRIMINAL PROCEDURE - Cross examination - Source of information - Where defence elicited proof of ritual murder vide cross examination - Police witness is not bound - To give source of his information s. 166 EA (H4) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

CRIMINAL PROCEDURE - Defences - Accident s.24 CC - Test for the defence - Is whether act was done independently of the will - Of accused person - Or resultant event is totally unexpected - In the ordinary course of events - Accused herein failed to prove either (H2) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

CRIMINAL PROCEDURE - Defences - Appeals - Courts have the duty - To avail accused of open defence - Whether or not he has expressly asked for it (H3) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

CRIMINAL PROCEDURE - Defences - Duty of court - Where proof beyond reasonable doubt - Was not established - Conviction shall be set aside (H8) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

CRIMINAL PROCEDURE - Defences - Feasibility of - Story of appellant that was not feasible - And his failure to call a witness - Made plea of self defence baseless (H4) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

CRIMINAL PROCEDURE - Evidence - Contradictions - In prosecution’s case - Must be material and likely to cause a miscarriage of justice - In order to ground an acquittal (H1) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

CRIMINAL PROCEDURE - Evidence - Contradictions - Where evidence materially contradicts earlier statement to the police - The witnesses should be regarded as unreliable - Save the contradiction is satisfactorily explained (H2) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

CRIMINAL PROCEDURE - Evidence - Expert opinion - Or direct evidence - Where lacking on a subject - Trial court can rely on cogent inferential evidence (H3) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

CRIMINAL PROCEDURE - Evidence - Of co-accused or accomplices - Can solely be relied upon - In convicting for murder without corroboration - Provided court exercises caution (H3) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

CRIMINAL PROCEDURE - Evidence - Witnesses - Allegation of inconsistencies in their statements to the Police - And their oral evidence - Will fail - Where trial judge finds them to be witnesses of truth (H1) Adava v. State (2006) 2 KLR (pt. 212) 727; (2006) 9 NWLR (Pt. 984) 152

 

CRIMINAL PROCEDURE - Evidence of a child - Opinion - Meaning of - Within the context of s.183(1), (2) & (3) Evidence Act - In respect of court’s handling - Of evidence of a child in criminal proceeding (H1) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

CRIMINAL PROCEDURE - Evidence of a child - Prior investigation by trial court - Burden on party who alleges that there was no investigation - Was not discharged by appellant (H4) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

CRIMINAL PROCEDURE - Expert opinion - Cross examination - Ballistician need not be called by the prosecution - As there was no cross examination of the witnesses (H4) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

CRIMINAL PROCEDURE - Failed Banks Tribunal - Conviction - Confiscation of property of appellant - That was voluntarily surrendered by his counsel - Is no double punishment (H5) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

CRIMINAL PROCEDURE - Federal High Court - Police Act s. 23 - Power to prosecute criminal cases - Without A-G’s fiat - Can be exercised by the Police - Vide s. 174(1) 1999 Constitution (H7) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

CRIMINAL PROCEDURE - Identification - Meaning of - It means a whole series of facts and circumstances - For which a witness associates an accused - With commission of offence charged (H2) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

CRIMINAL PROCEDURE - Identification parade - Is otiose - Where accused was known to the witness before the incident - As it becomes a case of recognition, not identification (H3) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

CRIMINAL PROCEDURE - Identity of accused - Where alleged to be mistaken - Court must receive the identification evidence with caution - Before convicting accused on the strength of it (H1) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

CRIMINAL PROCEDURE - Income tax - Companies - Name for criminal prosecution - Can be the corporate name alone (H3) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

CRIMINAL PROCEDURE - Jurisprudence - Doubt - Contradictions in prosecution’s case - Will not be fatal - Unless they relate to fundamental and core issues (H4) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

CRIMINAL PROCEDURE - Manslaughter - Proof - Burden of - Once commission of crime is in issue - It must be proved beyond reasonable doubt -It is the duty of the prosecutor - To adduce evidence to prove manslaughter - And he has failed to do so (H4) Apugo v. State (2006) 7 KLR (pt. 224) 3021; (2006) 15 NWLR (Pt. 1002) 227

 

CRIMINAL PROCEDURE - Murder - Circumstantial evidence - Self defence - Inconsistency in appellant’s testimony - Goes to establish the charge against him (H5) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

CRIMINAL PROCEDURE - Murder - Common intention - Was wrongly inferred by lower courts - As there was no evidence in support - Need for court to be cautious (H6) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

CRIMINAL PROCEDURE - Murder - Corroboration - Meaning of - It does not mean using the exact words - Unsworn evidence of PW1 in this case - Is properly corroborated (H7) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

CRIMINAL PROCEDURE - Murder - Joint participation - Where established - What each accused did in furtherance of the crime - Is immaterial (H5) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

CRIMINAL PROCEDURE - Murder - Medical evidence - Dispensability of - Where cause of death is obvious - Medical evidence is of no practical or legal necessity - In homicide cases (H2) Ben v. State (2006) 7 KLR (pt. 222) 2645; (2006) 16 NWLR (Pt. 1006) 582

 

CRIMINAL PROCEDURE - Murder - Proof - Alibi - Evidential burden on accused - Where prosecution discharged its burden of proof - The defence of alibi is a mere farce (H10) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

CRIMINAL PROCEDURE - Murder - Proof - Circumstantial evidence - Where conclusive - And deceased was last seen with appellant - Guilt is proved - Though there be no eye witness account (H3) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

CRIMINAL PROCEDURE - Murder - Proof - Consistent evidence - Accepted by trial court and confirmed by Court of Appeal - As to 1st appellant’s guilt - Will not be disturbed (H4) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

CRIMINAL PROCEDURE - Murder - Proof - Contradictions in prosecution’s evidence - Where a mere inaccuracy in narration - The Conviction will not be disturbed (H2) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

CRIMINAL PROCEDURE - Murder - Proof - Identification of the corpse - Where the identification is valid - The murder is proved beyond reasonable doubt (H1) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

CRIMINAL PROCEDURE - Murder - Proof - May be direct or circumstantial - Such circumstantial evidence leading only to one conclusion - Guilt of the accused (H4) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

CRIMINAL PROCEDURE - Murder - Proof - What prosecution must prove - Is death of deceased - Caused by accused person’s intentional or dangerous act or omission (H3) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

CRIMINAL PROCEDURE - Murder - Proof - Witnesses - That prosecution did not call a particular witness - Did not leave any vacuum - As case was proved beyond reasonable doubt (H3) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

CRIMINAL PROCEDURE - Murder - Resting case of defence - On that of prosecution - Implication of - Is that accused accepts evidence given by prosecution as truth (H6) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

CRIMINAL PROCEDURE - Murder - Witnesses - Contradictions - Alleged in respect of point of entry of the bullet - Does not exist (H3) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

CRIMINAL PROCEDURE - Nolle prosequi - Constitutional law - Prosecuting criminal suit before Federal High Court - Can be done by the Police - Or any other authority - Subject to A-G’s power - To take over or discontinue the prosecution (H4) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

CRIMINAL PROCEDURE - Powers - Income tax - Power of the respondent to sue defaulters - Is not limited to civil actions - But includes criminal prosecution (H2) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

CRIMINAL PROCEDURE - Proof - Using circumstantial evidence - There must be a number of circumstances - Coexisting and credible - Summing up to a complete and unbroken chain of evidence - Of guilt of the accused - To determine his guilt based on those circumstances (H6) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

CRIMINAL PROCEDURE - Recording of - Court is not to record every little detail - But the relevant proceedings - That will ensure just determination of a case (H2) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

CRIMINAL PROCEDURE - Statement to the police - Evidence of a co-accused - Guiding legal principles - Court is to view evidence of co-accused with circumspection - Before convicting on it (H7) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

CRIMINAL PROCEDURE - Stealing - Conviction - Banking - Concurrent findings of fact - That convicted appellant for conversion - Of money meant for the bank - Is supported by evidence (H4) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

CRIMINAL PROCEDURE - Stealing - Proof - Ownership of money stolen - Was clearly proved - To belong to Ogun State Government - As properly found by the two lower courts (H1) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

CRIMINAL PROCEDURE - Uttering a bank cheque - Expert opinion - Appellant’s move to rely on only favourable part of the Exhibit - Is plain mischief - As the entire document must be interpreted as a whole (H5) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

CRIMINAL PROCEDURE - Uttering a document - Proof - Where there is no evidence of a handwriting expert - Court can rely on strong circumstantial evidence (H4) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

CRIMINAL PROCEDURE - Witnesses - Competence - Courts - Judicial precedents - Obtaining the evidence of a child in criminal cases - Steps the court should take under ss. 154 & 182 Evidence Act (H2) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

CRIMINAL PROCEDURE - Witnesses - Contradictions - Courts - Effect of material discrepancy in testimony - Need for court to make finding - In relation to any contradiction (H2) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

CRIMINAL PROCEDURE - Witnesses - Inducement of murder - First statement of some prosecution witnesses - Were rightly found by lower courts - To be induced (H1) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

CRIMINAL PROCEDURE - Witnesses - Veracity - Need for accused to maintain the truth - Or his evidence will lack credibility (H5) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

CROSS EXAMINATION - Admissibility - Pleadings - Immigration Act ss. 8(1) & 34 - Where a breach of the sections was not pleaded - Evidence given directly - Or extracted under cross examination - Would be inadmissable (H6) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

CROSS EXAMINATION - Murder - Source of information - Where defence elicited proof of ritual murder vide cross examination - Police witness is not bound - To give source of his information s. 166 EA (H4) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

CROSS EXAMINATION - Omission of - Implication - Murder - Expert opinion - Cross examination - Ballistician need not be called by the prosecution - As there was no cross examination of the witnesses (H4) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

CROSS EXAMINATION - Witnesses - Testimony of a witness - In earlier proceedings - Is relevant in subsequent proceedings - In proof of fact it states - Provided witness was cross-examined - Parties are same - And questions in issue substantially same (H3) Onu v. Idu (2006) 6 KLR (pt. 220) 2195; (2006) 12 NWLR (Pt. 995) 657

 

CUSTOMARY LAW - Appeals - Issues - Customary tenancy - Being an issue of fact - Supportable by an omnibus ground of appeal - Gave Court of Appeal jurisdiction - To entertain issue of customary tenancy (H6) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

CUSTOMARY LAW - Chiefs - Selection of - Jurisdiction - Court has no jurisdiction to make declarations - Of customary law relating to selection of chiefs - Though it can make a finding on what law is applicable - And apply it in a declaratory relief (H2) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

CUSTOMARY LAW - Chieftaincy - Succession to - Being hereditary as agreed by parties - And defendants failing to show how Obunge came to be head-chief - It follows that Agba family of plaintiff is and had been clan head of Abuas (H5) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

CUSTOMARY LAW - Title - Bini customary law - That vests land in the Oba of Benin - Is not the issue - As making out a good title is what matters (H2) Amayo v. Erinmwingbovo (2006) 5 KLR (pt. 219) 1871; (2006) 11 NWLR (Pt. 992) 699

 

CUSTOMARY LAW - Title - Customary tenancy - Injunction - It is wrong to issue an injunction restraining the landlords - From dealing with the disputed land - As they cannot be trespassers on their own land (H9) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

DAMAGES - Appeals - Issues - Where issue of trial court’s failure - To assess and award damages - Was not placed before the Court of Appeal - Vide any ground of appeal - It cannot pronounce thereon (H1) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

DAMAGES - Arbitration - Damages awarded - Carries error of law on it face - Being of substantial damages - Instead of nominal damages - Which the arbitrators recognized as applicable (H3) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

DAMAGES - Award of - Currency - Fairness - Where the circumstances justify - That the award be in foreign currency - The Court should do so (H3) Afribank Plc. v. Akwara (2006) 1 KLR (pt. 208) 1; (2006) 5 NWLR (Pt. 974) 619

 

DAMAGES - Award of - Where breach of contract is not proved - Once it is found by a trial court - That there was no breach of contract - There is no ground for an award of damages - Of whatever quantum (H2) Mbachu v. Anambra-Imo River Basin (2006) 7 KLR (pt. 224) 3051; (2006) 14 NWLR (Pt. 1000) 691

 

DAMAGES - Contracts - Damages for breach - Was claimed as alternative relief - And alternative relief is considered - Only where main relief fails - Or is abandoned as in this case (H2) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

DAMAGES - Contracts - Specific performance - Damages - Where claimed in the alternative - Claim for specific performance is jettisoned (H2) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

DAMAGES - Essence of - Mitigation - Damages for loss of anticipated profits being too remote - Will be set aside (H7) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

DAMAGES - Evidence of - Sufficiency - Where the evidence of damages is not sufficient - Court of Appeal rightly reduced - The trial court’s award (H8) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

DAMAGES - General damages - Quantum of - Though in awarding general damages - Courts have discretion in assessing the quantum - Such exercise however must be related to the evidence - In the instant case - Amount awarded is manifestly too low (H8) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

DAMAGES - Interest - Fairness - Appeals - Striking out - Where a party cannot contest fairness of award of interest - Because his appeal was struck out - Supreme Court will still uphold justice - By not sustaining the award (H5) Afribank Plc. v. Akwara (2006) 1 KLR (pt. 208) 1; (2006) 5 NWLR (Pt. 974) 619

 

DAMAGES - Interest - Proof - Where interest is Claimed - On the amount of damages - It should be proved by satisfactory evidence (H4) Afribank Plc. v. Akwara (2006) 1 KLR (pt. 208) 1; (2006) 5 NWLR (Pt. 974) 619

 

DAMAGES - Judgments - Slip of the pen - Where trial court vide a ruling - Confirmed that the amount of N5 million instead of N5,000.00 - Contained in the signed judgment certificate - Is a slip of the pen - The appellate court will accept it as conclusive (H1) Alh. Yakubu Enter. Ltd v. Omolaboje (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 966) 195

 

DAMAGES - Measure - Contracts - Measure of damages - For breach of contract - Is limited to loss - Flowing from the breach - It cannot include general damages (H6) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

DAMAGES - Nature - Award of a lump sum - For breach of contract - And tort of conspiracy - As done by the arbitrators - Is bad in law (H4) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

DAMAGES - Proof - Pleadings - Where no evidence is led - In support of the averments - They will be deemed as abandoned - As pleadings per se cannot constitute evidence (H4) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

DAMAGES - Quantum of - Contracts - Where breach of contract was proved - But not any resultant loss - Only nominal damages was due to appellant - Not punitive damages - As awarded by arbitrators (H2) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

DAMAGES - Special and General - Distinction - Special damages must be pleaded - And strictly proved - But general damages is presumed from offending act - It is bad procedure to lump them together in a head of claim (H3) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

DAMAGES - Special damages - How pleaded and proved - Plaintiff has obligation to plead and particularize any item of damages - Such that precise calculation is possible - Plaintiffs here failed so to do (H4) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

DAMAGES - Special damages - Not having been pleaded and proved - And being lumped with general damages - In appellant’s claim - Court below was right - To have set aside judgment of trial court awarding both damages (H5) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

DAMAGES - Specific performance - Refusal of the decree - Is proper - Where damages will be an adequate compensation (H3) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

DAMAGES - Torts - Evidence of damages - Is substantiated - Where plaintiff showed - That the published falsehood led to the loss of his job (H5) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

DAMAGES - Wrongful termination of service - Damages - Principles of assessment - Is to award salary in lieu of notice - Not servant’s entitlement till year of retirement (H4) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

DOCUMENTS - Admissibility - Document - That was not part of plaintiff’s case - Was wrongfully fished out suo motu - And relied upon by trial court - And appellate court will reject such inadmissible evidence (H4) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

DOCUMENTS - Admissibility - Exhibit - Public Archives Act s. 7 - Non Compliance with - Rendered exhibit 4 inadmissible (H3) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

DOCUMENTS - Admissibility - Exhibit that is inadmissible by law - But was admitted with consent of the other side - Should not be acted upon (H4) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

DOCUMENTS - Admissibility - Instrument - Where not stamped nor registered - Court of Appeal rightly expunged it from the record - In line with s. 16 Land Instrument Registration Law (H4) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

DOCUMENTS - Admissibility - Unlawful document - Past judgment of court - Tendered in proof of res judicata - Not being a certified copy under ss.54, 111 & 112 EA - Is not admissible (H3) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

DOCUMENTS - Agreements - Binding effect of - Having agreed to joint valuation - Of newly discovered assets - Unilateral valuation is invalid - As parties are bound by their agreement (H9) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

DOCUMENTS - Agreements - Terms - Subsequent variation of - Written agreement - May be subsequently varied by oral agreement - But such oral agreement - Must be proved in details - By party relying thereon (H2) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

DOCUMENTS - Alteration - Consent judgment - Redevelopment of property - Agreement of the parties - As contained in a consent judgment - Cannot be altered by incorporating an agreement - Respondent was not a party to (H5) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

DOCUMENTS - Ambiguity - Sale of land - Exhibit D that witnessed the sale by respondents to appellant - Was not correctly construed by lower court - And it is not ambiguous (H2) Fagbenro v. Arobadi (2006) 2 KLR (pt. 210) 491; (2006) 7 NWLR (Pt. 978) 172

 

DOCUMENTS - Appeals - Exhibit - Contradictions alleged therein - Appellant must point out particulars of contradictions - If such allegation is to be countenanced by Appellate Court (H2) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

DOCUMENTS - Appeals - Where documents were wrongfully received in evidence - Without objection of counsel - Appellate Court has jurisdiction - To exclude the document (H2) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

DOCUMENTS - Authentication - Public document - Reason for authentication of - Is to make it admissible - As proof of the original (H6) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

DOCUMENTS - Bank teller - Overdraft facility - Repayment of - Is proved by production of bank teller - Not mere ipse dixit of the debtor (H2) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

DOCUMENTS - Consideration of - Title - Issues - Identity of land - Was not raised by court suo motu - And once identity is not established - Document of Sale - Will not be considered (H4) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

DOCUMENTS - Contracts - Exhibit 29 - Interpretation of - Shows no contract of hire between the parties (H3) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

DOCUMENTS - Contracts - Interpretation of - It is not the duty of court - To make contracts for parties - By reading into it terms - On which there is no agreement (H1) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

DOCUMENTS - Contracts - Sanctity of - Contract of service - Termination terms - Is as stated in clause 11 of Exhibit G - Which said terms were breached by the respondent (H1) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

DOCUMENTS - Contractual document - Must contain an offer and an acceptance of that offer - To be properly so called - Only Exhibit 29 here qualifies as such (H1) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

DOCUMENTS - Contractual document - Rights of parties should be determined - In accordance with the terms of their contract - Which in this case - Is according to Exhibit 29 (H4) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

DOCUMENTS - Conveyance - Recitals - Authenticity of which was not challenged - Is conclusive proof of assertion therein (H4) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

DOCUMENTS - Correspondence - Formation of contracts - Through correspondence - It must be apparent that parties have come to an agreement - When the correspondence are read together (H2) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

DOCUMENTS - Criminal procedure - Uttering a bank cheque - Expert opinion - Appellant’s move to rely on only favourable part of the Exhibit - Is plain mischief - As the entire document must be interpreted as a whole (H5) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

DOCUMENTS - Evidence - Hearsay - Medical matter - Where a witness headed the operation team - His testimony that is based on the medical case note - Is not hearsay (H3) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

DOCUMENTS - Hearsay - Where documents do not convey hearsay evidence - Oral evidence based on them - Will not be hearsay evidence (H4) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

DOCUMENTS - Instrument - Definition - Land Instrument Registration Law s. 2 - A document that purports to transfer interest in land - Is an instrument - No matter its form (H3) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

DOCUMENTS - Probative value of - Judge can expunge or disregard a document earlier admitted in evidence - In the course of evaluating the totality of evidence - To arrive at a proper decision (H3) Nwabuoku v. Onwordi (2006) 5 KLR (pt. 218) 1801

 

DOCUMENTS - Registration - Date - Chieftaincy declaration - A document of registration - Should include the date of registration (H2) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

DOCUMENTS - Reliability - Stealing - Proof - Documentary evidence being most reliable - Abound in this case - To prove ownership of the stolen money (H2) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

DOCUMENTS - Title - Proof - Mere production of documents of title - Without pleading and proving vendor’s root of title - Does not permit reliance on acts of possession (H7) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

DOCUMENTS - Uttering a document - Proof - Where there is no evidence of a handwriting expert - Court can rely on strong circumstantial evidence (H4) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

DOCUMENTS - Validity - Registration of Instruments - Purpose of - It is not concerned with validity of instruments - It is intended to protect other intending buyers - By putting them on notice (H8) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

ELECTION PETITIONS - Appeals - Local Government Elections - Appeal lies from the Tribunal to the State High Court - Vide s. 94 (2) of the Law - And the High Court’s decision is final (H1) Ehuwa v. Ondo State Inde. Elect. Comm. (2006) 12 KLR (pt. 226) 3573; (2006) 18 NWLR (Pt. 1012) 544

 

ELECTION PETITIONS - Jurisdiction - Courts - As shown clearly by plaintiff’s claim - Subject matter of the suit is election petition - Already concluded by Court of Appeal - Federal High Court was therefore right - To decline jurisdiction (H3) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

ELECTIONS - Chieftaincy matters - Electoral College - District Head - Procedure adopted in appointing 3rd appellant - As the District Head - Was as provided by s. 7(1) of the 1992 Law (H4) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

ELECTIONS - Electoral commissions - Removal of members - Grounds for - The ground on which the respondents were removed - Is not one of the grounds recognized by the Constitution (H3) Governor Kwara State v. Ojibara (2006) 12 KLR (pt. 226) 3679; (2006) 18 NWLR (Pt. 1012) 645

 

ELECTIONS - Electoral commissions - Tenure of members - It is not the intendment of the Constitution - That membership of electoral commissions - Should change with fortunes of political parties (H2) Governor Kwara State v. Ojibara (2006) 12 KLR (pt. 226) 3679; (2006) 18 NWLR (Pt. 1012) 645

 

ELECTIONS - Selection of chief - Village heads - Function of - Is to nominate 3 candidates under the law - While Emirate Council will nominate one of them - For the Governor’s appointment - Lower court acted per incuriam - In holding otherwise (H5) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

EQUITY - Acquiescence - Appeals - Reply - Where not filed at all - As required by the relevant Rules - Appellants cannot be said to have acquiesced - To what never existed (H7) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

EQUITY - Contracts - Specific performance - Basis for the grant - It may be refused - In case of severe hardship to defendant (H1) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

EQUITY - Doctrine of priority - Competing claims of title - He who is first in time has the strongest right - After a party effectively divests himself of his right in a land - Any further exercise of that right by him is null and void (H5) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

EQUITY - Doctrines - Rule in Walsh v. Lonsdale - An intended lessee - Is treated as actual lessee - Only where the intended lessee is entitled to specific performance - This cannot be said of the instant case - In view of the finding by trial court (H3) Opara v. Dowel Schlumberger Ltd (2006) 7 KLR (pt. 224) 3141; (2006) 15 NWLR (Pt. 1002) 342

 

EQUITY - Maxims - Res ipsa loquitur - Burden of proof on plaintiff - Was not discharged - As defendants showed the event to be accidental - And not a breach of duty of care (H9) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EQUITY - Maxims - Res ipsa loquitur - Rebuttal of the presumption - Was clearly done by the respondents - In the absence of expert evidence from the appellant (H8) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EQUITY - Specific performance - Refusal of the decree - Is proper - Where damages will be an adequate compensation (H3) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

EQUITY - Title - Equitable interest - Auction sale of land - By court in levying execution of judgment - Is null and void - Where the land had been validly assigned - To the purchaser’s and court’s knowledge (H5) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

EQUITY - Title - Priority of interests - Rival conveyances or competing interests - Will rank according to the order of their creation (H4) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

ESTOPPEL - Applicability - Estoppel cannot avail defendant - In a case of breach of the Constitution - Being an equitable defence (H21) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

ESTOPPEL - Application - Preconditions for - Earlier decision must be final - Must be on same question - And between same parties - Instant case does not satisfy these conditions (H3) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

ESTOPPEL - Conduct - Banking - Unchallenged evidence of estoppel by conduct - Given by defendant - Was sufficient to estop plaintiff - From claiming the fixed deposit he has utilized (H2) Olalekan v. Wema Bank Plc (2006) 7 KLR (pt. 222) 2683; (2006) 13 NWLR (Pt. 998) 617

 

ESTOPPEL - Effect of - Once an issue is determined - In an earlier action - By a court of competent jurisdiction - Neither party can re-litigate on it - Personally or by privy ((H2) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

ESTOPPEL - Issue estoppel - Applicability - Where res judicata fails - Issue estoppel - May still apply - If failure is - By reason of difference in cause of action - So long as - Question for determination - Are same in both actions (H3) Ajiboye v. Ishola (2006) 6 KLR (pt. 221) 2253; (2006) 13 NWLR (Pt. 998) 628

 

ESTOPPEL - Motions - Trial Court’s earlier decision - Operated as an estoppel to bar appellants - From making another later similar application (H2) Shell Petroleum v. X.M. Federal Ltd (2006) 7 KLR (pt. 224) 3171; (2006) 16 NWLR (Pt. 1004) 189

 

ESTOPPEL - Res judicata - Basis of - A cross appeal - Arising from a judgement - Declared void ab initio - Cannot be basis for res judicata - Being baseless itself (H4) Ajiboye v. Ishola (2006) 6 KLR (pt. 221) 2253; (2006) 13 NWLR (Pt. 998) 628

 

ESTOPPEL - Res judicata - Effect - It precludes a party - From disputing against the other party - In a subsequent suit - The same issues previously decided between them (HI) Ajiboye v. Ishola (2006) 6 KLR (pt. 221) 2253; (2006) 13 NWLR (Pt. 998) 628

 

ESTOPPEL - Res judicata - Evidence - Admissibility - Past judgment of court - Tendered in proof of res judicata - Not being a certified copy under ss.54, 111 & 112 EA - Is not admissible (H3) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

ESTOPPEL - Res judicata - Ingredients - The parties, the issues and the subject matter - In the previous action - Must be same as in the present action (H2) Ajiboye v. Ishola (2006) 6 KLR (pt. 221) 2253; (2006) 13 NWLR (Pt. 998) 628

 

ESTOPPEL - Res judicata - Proof - Appeals - Reliance on past cases - All the ingredients must be present - For the plea to succeed - Where past judgments relied on are denied - Burden of tendering those judgments lies on defendants (H2) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

EVIDENCE - Absence of - Injurious falsehood - Truthfulness of the words - Absence of evidence from the defendant - Trial court should act on the material before it (H1) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

EVIDENCE - Accuracy - Murder - Proof - Contradictions in prosecution’s evidence - Where a mere inaccuracy in narration - The Conviction will not be disturbed (H2) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

EVIDENCE - Actions - Burden of proof - Failure of defendant to adduce evidence - Minimum evidence adduced by plaintiff - Will be taken as sufficient proof of the case (H7) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

EVIDENCE - Admissibility - Appeals - Leave - Where appellants raised no objection - To the tendering of exhibits before lower courts - They cannot raise the issue now - Without leave of the Supreme Court (H1) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

EVIDENCE - Admissibility - Appeals - Reversal - Where wrongfully admitted evidence - Is discountenanced on appeal - The judgment will not be reversed - If sustainable by other available evidence (H5) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

EVIDENCE - Admissibility - Courts - Document - That was not part of plaintiff’s case - Was wrongfully fished out suo motu - And relied upon by trial court - And appellate court will reject such inadmissible evidence (H4) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

EVIDENCE - Admissibility - Duty of counsel - Where inadmissible evidence is tendered - Even with consent of the opposite party - Courts cannot act on it - Where it is inadmissible by law (H1) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

EVIDENCE - Admissibility - Exhibit - Public Archives Act s. 7 - Non Compliance with - Rendered exhibit 4 inadmissible (H3) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

EVIDENCE - Admissibility - Instrument - Where not stamped nor registered - Court of Appeal rightly expunged it from the record - In line with s. 16 Land Instrument Registration Law (H4) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

EVIDENCE - Admissibility - Pleadings - Immigration Act ss. 8(1) & 34 - Where a breach of the sections was not pleaded - Evidence given directly - Or extracted under cross examination - Would be inadmissable (H6) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

EVIDENCE - Admissibility - Reversal of judgment - Though Exhibit B was rightly expunged by lower court - Reversal of the judgment was wrong - As the judgment is sustained by other evidence on record (H5) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

EVIDENCE - Admissibility - Unlawful document - Past judgment of court - Tendered in proof of res judicata - Not being a certified copy under ss.54, 111 & 112 EA - Is not admissible (H3) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

EVIDENCE - Admissibility of - Inadmissible evidence is not legal evidence - It is liable to be expunged even if admitted by consent (H10) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

EVIDENCE - Admission - Averment in a party’s pleadings - Where it amounts to admission by that party - No further proof is needed (H5) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

EVIDENCE - Admission - Declaratory relief - Cannot be granted without plaintiff leading evidence - Even if the claim was admitted (H6) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

EVIDENCE - Admission - Trespass to land -Where respondents admitted the year - They noticed encroachment on their land - It is not admission of possession - To favour the appellant (H2) Awoyoolu v. Aro (2006) 2 KLR (pt. 210) 409; (2006) 4 NWLR (Pt. 971) 481

 

EVIDENCE - Admissions - Hostile witnesses - Title - Where a defence witness testifies - That the land in dispute belongs to plaintiffs - And defendants did not treat him as a hostile witness - It is a fatal admission against defendants (H4) Onisaodu v. Elewuju (2006) 7 KLR (pt. 222) 2695; (2006) 13 NWLR (Pt. 998) 517

 

EVIDENCE - Affidavits - Abuse of court’s process - Averment that suit is in bad faith - And in collusion with plaintiffs in former suit - Though not countered - Is not substantiated by evidence (H4) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

EVIDENCE - Alibi - Defence of - Time element - Effect of failure to investigate the plea - Superior evidence crumbles the defence (H9) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

EVIDENCE - Alibi - Implication of the defence - Time element - Should be to the minutest detail (H8) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

EVIDENCE - Appeals - Concurrent findings of fact - Supported by evidence on printed records - Cannot ordinarily be disturbed by Supreme Court - Even if it would have concluded otherwise upon the evidence (H7) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

EVIDENCE - Appeals - Documents - Where wrongfully received in evidence - Without objection of counsel - Appellate Court has jurisdiction - To exclude the document (H2) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

EVIDENCE - Appeals - Exhibit - Contradictions alleged therein - Appellant must point out particulars of contradictions - If such allegation is to be countenanced by Appellate Court (H2) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

EVIDENCE - Appeals - Findings - Admissions - Where not appealed against - They are deemed to be correct in law (H3) Standard Eng. Ltd v. NBCI (2006) 3 KLR (pt. 213) 965; (2006) 7 NWLR (Pt. 978) 198

 

EVIDENCE - Appeals - Findings of fact by trial court - Not attacked on appeal - Remain unchallenged and correct - As far as the case of the disturbed -Where not supported by evidence - And will lead to a miscarriage of justice (H5) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

EVIDENCE - Appeals - Further evidence on appeal - Leave to adduce - Principles to be considered - Evidence must be creditable and important - And not available at time of trial (H3) Okoro v. Egbuoh (2006) 6 KLR (pt. 220) 2173; (2006) 15 NWLR (Pt. 1001) 1

 

EVIDENCE - Appeals - Judgment of trial court - Was clearly perverse - For being contrary - To evidence on record - Particularly on the issue of identity of the land in dispute - As held by Court of Appeal (H3) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

EVIDENCE - Appeals - Leave - New issue - Raised before the Supreme Court - Without leave of court - And is not supported by evidence - Will fail (H6) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

EVIDENCE - Appeals - Reversal - Evidence - Wrongly admitted evidence - Must be shown to have adversely affected due consideration of a case - For appeal court to reverse the decision because of it (H7) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

EVIDENCE - Armed robbery - Defences - Change of mind - Claimed by appellant as a defence - Has no basis (H8) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

EVIDENCE - Burden of proof - Plaintiff need not always be first to give evidence - Incidence of burden depends on state of pleadings (H4) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

EVIDENCE - Chieftaincy matters - Courts - Where case of plaintiffs failed on the evidence - Supreme Court cannot award them an unjustified victory (H3) Gbadamosi v. Governor of Oyo State (2006) 6 KLR (pt. 221) 2369; (2006) 13 NWLR (Pt. 997) 363

 

EVIDENCE - Circumstantial evidence - May secure a conviction for murder - But the evidence must unequivocally point to one direction only - That the accused killed the deceased (H5) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

EVIDENCE - Co-accused - Evidence of - Allegation that appellant’s conviction was based thereon - Is misleading (H6) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

EVIDENCE - Companies - Juristic person - Such as the respondent - Acts through its servants - Who can testify on matters - That took place before they were employed (H1) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

EVIDENCE - Contracts - Documents - Exhibit 29 - Interpretation of - Shows no contract of hire between the parties (H3) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

EVIDENCE - Contradictions - Murder - Where evidence materially contradicts earlier statement to the police - The witnesses should be regarded as unreliable - Save the contradiction is satisfactorily explained (H2) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

EVIDENCE - Contradictions - Testimony of witnesses - There are material contradictions - In testimonies of defence witnesses - To justify trial judge’s refusal - To apply the rule in Kojo v. Bonsie (H3) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

EVIDENCE - Contradictions in prosecution’s case - Will not be fatal - Unless they relate to fundamental and core issues (H4) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

EVIDENCE - Controversy - Jurisdiction - Location of land in dispute - Is no longer in controversy - Where defendant in his testimony - Agrees with plaintiffs’ definition of the location (H6) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

EVIDENCE - Courts - Compliance - With ss. 154 & 182 Evidence Act - In obtaining the evidence of a child - In criminal proceedings - Trial court complied with that law (H3) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

EVIDENCE - Courts - Improper reliance by trial court - On s. 149(d) of Evidence Act - Not enough to warrant interference with its findings of fact - As findings would have been same - Without such reliance (H4) Onu v. Idu (2006) 6 KLR (pt. 220) 2195; (2006) 12 NWLR (Pt. 995) 657

 

EVIDENCE - Courts - Opinion - Meaning of - Within the context of s.183(1), (2) & (3) Evidence Act - In respect of court’s handling - Of evidence of a child in criminal proceeding (H1) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

EVIDENCE - Criminal procedure - Contradictions - In prosecution’s case - Must be material and likely to cause a miscarriage of justice - In order to ground an acquittal (H1) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

EVIDENCE - Criminal procedure - Expert opinion - Or direct evidence - Where lacking on a subject - Trial court can rely on cogent inferential evidence (H3) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

EVIDENCE - Criminal procedure - Joint participation - Where established - What each accused did in furtherance of the crime - Is immaterial (H5) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

EVIDENCE - Criminal procedure - Witnesses - Allegation of inconsistencies in their statements to the Police - And their oral evidence - Will fail - Where trial judge finds them to be witnesses of truth (H1) Adava v. State (2006) 2 KLR (pt. 212) 727; (2006) 9 NWLR (Pt. 984) 152

 

EVIDENCE - Damages - General damages - Quantum of - Though in awarding general damages - Courts have discretion in assessing the quantum - Such exercise however must be related to the evidence - In the instant case - Amount awarded is manifestly too low (H8) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

EVIDENCE - Damages - Special damages - How pleaded and proved - Plaintiff has obligation to plead and particularize any item of damages - Such that precise calculation is possible - Plaintiffs here failed so to do (H4) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

EVIDENCE - Deductions - Injurious falsehood - Malice - Whether a publication is done maliciously - Can be deduced from the circumstances - And facts of the case (H4) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

EVIDENCE - Denial - Sale of land - Evidence of - Where not controverted by the other side - It shows that the land in dispute - Was properly sold to appellant (H1) Fagbenro v. Arobadi (2006) 2 KLR (pt. 210) 491; (2006) 7 NWLR (Pt. 978) 172

 

EVIDENCE - Documents - Admissibility - Exhibit that is inadmissible by law - But was admitted with consent of the other side - Should not be acted upon (H4) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

EVIDENCE - Documents - Chieftaincy declaration - Registration of - Mere verbal affirmation of registration - Without showing the date - Is not sufficient (H2) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

EVIDENCE - Documents - Contractual document - Must contain an offer and an acceptance of that offer - To be properly so called - Only Exhibit 29 here qualifies as such (H1) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

EVIDENCE - Documents - Conveyance - Recitals - Authenticity of which was not challenged - Is conclusive proof of assertion therein (H4) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

EVIDENCE - Documents - Correspondence - Formation of contracts - Through correspondence - It must be apparent that parties have come to an agreement - When the correspondence are read together (H2) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

EVIDENCE - Documents - Probative value of - Judge can expunge or disregard a document earlier admitted in evidence - In the course of evaluating the totality of evidence - To arrive at a proper decision (H3) Nwabuoku v. Onwordi (2006) 5 KLR (pt. 218) 1801

 

EVIDENCE - Estoppel - Conduct - Banking - Unchallenged evidence of estoppel by conduct - Given by defendant - Was sufficient to estop plaintiff - From claiming the fixed deposit he has utilized (H2) Olalekan v. Wema Bank Plc (2006) 7 KLR (pt. 222) 2683; (2006) 13 NWLR (Pt. 998) 617

 

EVIDENCE - Evaluation - Appeals - Concurrent findings - Based on properly evaluated evidence - Will not be disturbed - As no exceptional circumstance was shown (H5) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

EVIDENCE - Evaluation - Appeals - Interfering with trial court’s evaluation of evidence - Was properly done by Court of Appeal - In the circumstances of this case (H5) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

EVIDENCE - Evaluation - Appeals - Where trial court abdicates its duty - In relation to proper appraisal of evidence - The appellate court will handle the evaluation (H4) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

EVIDENCE - Evaluation - Right approach to - Trial court cannot pick and choose evidence to be assessed - But should evaluate the totality of evidence - Led by both parties before the court (H1) Onisaodu v. Elewuju (2006) 7 KLR (pt. 222) 2695; (2006) 13 NWLR (Pt. 998) 517

 

EVIDENCE - Evaluation - Rule in Kojo v. Bonsie - For the rule to apply - There must be evidence of traditional history - From both parties - Equally persuasive - Such that the Court cannot justifiably - Prefer one to the other (H2) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

EVIDENCE - Evaluation of - Though generally work of trial judge - Where point in dispute is the proper inference from proven facts - Appeal court is in as good a position as trial judge - And should intervene to correct any error by trial judge (H6) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

EVIDENCE - Exhibits - Actions - Limitation of - Statute Bar - Banking - Overseas remittance - Respondent’s cause of action - To reclaim its unremitted money - Accrued only when it became aware of exhibit C (H2) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

EVIDENCE - Exhibits - Companies - Directors - Authority to institute action - On behalf of the company - As contained in Exhibit H - Is sufficient in this matter - As held in Sotiminu case (H4) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

EVIDENCE - Expert witness - Negligence - Medical matter - Allegation of negligence against respondents - Who gave expert evidence - Made it mandatory for appellant to have called expert witness (H5) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EVIDENCE - Eye witness - Murder - Proof - Circumstantial evidence - Where conclusive - And deceased was last seen with appellant - Guilt is proved - Though there be no eye witness account (H3) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

EVIDENCE - Hearsay - Documents - Medical matter - Where a witness headed the operation team - His testimony that is based on the medical case note - Is not hearsay (H3) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EVIDENCE - Hearsay - Documents - Where their contents do not convey hearsay evidence - Oral evidence based on them - Will not be hearsay evidence (H4) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EVIDENCE - Hearsay - Meaning - Subramanian case - When an evidence may be hearsay - Includes where it is a statement - Made by a witness who is not called to testify (H1) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EVIDENCE - Hearsay - Parties - Medical matter - Where a party herself testified - About a witness’s participation in her treatment - That witness’s evidence in the matter cannot be hearsay (H2) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EVIDENCE - Hostile witnesses - Admissions - Title - Where a defence witness testifies - That the land in dispute belongs to plaintiffs - And defendants did not treat him as a hostile witness - It is a fatal admission against defendants (H4) Onisaodu v. Elewuju (2006) 7 KLR (pt. 222) 2695; (2006) 13 NWLR (Pt. 998) 517

 

EVIDENCE - Identification - Meaning of - It means a whole series of facts and circumstances - For which a witness associates an accused - With commission of offence charged (H2) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

EVIDENCE - Identification parade - Is otiose - Where accused was known to the witness before the incident - As it becomes a case of recognition, not identification (H3) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

EVIDENCE - Identity of accused - Where alleged to be mistaken - Court must receive the identification evidence with caution - Before convicting accused on the strength of it (H1) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

EVIDENCE - Immigration - Pleadings - Employment - Foreign currency - Averment that salary of expatriates in foreign currency is forbidden - That had no evidence in its support - Is deemed abandoned (H4) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

EVIDENCE - Inference - Medical matter - Surgery - Quality of surgical needles used - Cannot be inferred to be substandard - From 1st respondent’s general statement (H6) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EVIDENCE - Issues - Facts - On which parties agree in their pleadings - Where not in dispute - Court should accept them as proved - Without further evidence (H3) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

EVIDENCE - Land law - Appeals - Evidence - Concurrent findings thereon - Where not challenged by any issue - Appellants are deemed to have accepted same - And are bound by those findings of facts (H1) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

EVIDENCE - Locus in quo - Proof - Title - Identity of land - Mere stating the street and its number - Is not proof of identity - And visit to the locus in this case - Shows that identity was not proved (H3) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

EVIDENCE - Murder - Common intention - Was wrongly inferred by lower courts - As there was no evidence in support - Need for court to be cautious (H6) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

EVIDENCE - Murder - Corroboration - Evidence - Of co-accused or accomplices - Can solely be relied upon - In convicting for murder without corroboration - Provided court exercises caution (H3) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

EVIDENCE - Murder - Corroboration - Meaning of - It does not mean using the exact words - Unsworn evidence of PW1 in this case - Is properly corroborated (H7) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

EVIDENCE - Murder - Cross examination - Source of information - Where defence elicited proof of ritual murder vide cross examination - Police witness is not bound - To give source of his information s. 166 EA (H4) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

EVIDENCE - Murder - Defences - Feasibility of - Story of appellant that was not feasible - And his failure to call a witness - Made plea of self defence baseless (H4) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

EVIDENCE - Murder - Expert opinion - Cross examination - Ballistician need not be called by the prosecution - As there was no cross examination of the witnesses (H4) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

EVIDENCE - Murder - Proof - Consistent evidence - Accepted by trial court and confirmed by Court of Appeal - As to 1st appellant’s guilt - Will not be disturbed (H4) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

EVIDENCE - Murder - Proof - May be direct or circumstantial - Such circumstantial evidence leading only to one conclusion - Guilt of the accused (H4) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

EVIDENCE - Murder - Proof - What prosecution must prove - Is death of deceased - Caused by accused person’s intentional or dangerous act or omission (H3) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

EVIDENCE - Murder - Resting case of defence - On that of prosecution - Implication of - Is that accused accepts evidence given by prosecution as truth (H6) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

EVIDENCE - Murder - Witnesses - Contradictions - Alleged in respect of point of entry of the bullet - Does not exist (H3) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

EVIDENCE - Oral evidence - Appraisal of - Is duty of trial court - Court of Appeal will only interfere where findings of fact by trial court - Is not supported by evidence on record - Which is not so in this case (H1) Gbadamosi v. Governor of Oyo State (2006) 6 KLR (pt. 221) 2369; (2006) 13 NWLR (Pt. 997) 363

 

EVIDENCE - Originating Summons - Disputed facts - Nature of the claims - And facts deposed in the supporting affidavit - Are what may disclose disputed facts - Even in the absence of counter affidavit (H3) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

EVIDENCE - Parties - Appearances - Claims - Proof of - Parties need not appear in person to give evidence on own behalf - Provided they could otherwise present their case (H12) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

EVIDENCE - Pleadings - Admissibility - Fact not pleaded by defendant - But was pleaded by plaintiff - Can be controverted - By lawfully admissible documents - Tendered by defendant (H4) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

EVIDENCE - Pleadings - Issues - Where defendant joins issues with plaintiff - Statement of claim must be ventilated in court - By adducing evidence - Without which the statement of claim is moribund and useless (H1) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

EVIDENCE - Pleadings - Statement of claim - Averment in - Must be proved by evidence during trial - As such averment does not amount to evidence without more (H3) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

EVIDENCE - Production of - Company law - Directors - Right to protect business of the company - Cannot be successfully opposed - Without producing evidence to show - That the right does not exist (H3) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

EVIDENCE - Proof - Accidents -Dangerous driving - Causing death by - Federal Highway Decree ss. 4 & 5(1) - Same facts are necessary to prove offences under both sections - Though a resultant death must also be proved in respect of s. 4 (H1) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

EVIDENCE - Proof - Affidavits - Motions - Failure to file counter affidavit - Will not make an application successful - Where the deemed admitted averments - Do not support applicant’s case (H1) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

EVIDENCE - Proof - Agreements - Terms - Subsequent variation of - Written agreement - May be subsequently varied by oral agreement - But such oral agreement - Must be proved in details - By party relying thereon (H2) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

EVIDENCE - Proof - Armed rubbery - Common purpose - Where established - Proof of what each accused did in the actualization - Is immaterial (H5) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

EVIDENCE - Proof - Banking - Contracts - Failure of - Foreign exchange - Where appellant Bank agreed to procure foreign exchange - But failed to do so - Respondent is entitled to a return of its money (H4) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

EVIDENCE - Proof - Banking - Overdraft - Manipulation of account - Alleged against the bank - Is not established - And is a ploy - To avoid repayment of the overdraft (H3) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

EVIDENCE - Proof - Banking - Overdraft facility - Repayment of - Is proved by production of bank teller - Not mere ipse dixit of the debtor (H2) Saleh v. Bank of the North Ltd (2006) 2 KLR (pt. 212) 857; (2006) 6 NWLR (Pt. 976) 316

 

EVIDENCE - Proof - Chieftaincy dispute - Where a traditional method exists under a statute - Proof of non compliance with that law - Is the plaintiffs’ duty (H3) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

EVIDENCE - Proof - Company - Incorporation - Proof of - Allegation that 1st respondent - Is different from the Company appellant entered agreement with - Is not established (H1) NNPC v. Lutin Investments Ltd (2006) 1 KLR (pt. 208) 59; (2006) 2 NWLR (Pt. 965) 506

 

EVIDENCE - Proof - Damages - Interest - Where interest is Claimed - On the amount of damages - It should be proved by satisfactory evidence (H4) Afribank Plc. v. Akwara (2006) 1 KLR (pt. 208) 1; (2006) 5 NWLR (Pt. 974) 619

 

EVIDENCE - Proof - Defences - Accident - Test for the defence - Is whether act was done independently of the will - Of accused person - Or resultant event is totally unexpected - In the ordinary course of events - Accused herein failed to prove either (H2) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

EVIDENCE - Proof - Established practice - Proof that it was not followed - The burden is on the party - Taking contrary position - To lend evidence that established practice - Was not followed in a particular case (H7) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

EVIDENCE - Proof - Evidence of plaintiff - Must bring out facts as averred - In statement of claim - Else court will hold he failed to prove his case (H2) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

EVIDENCE - Proof - Facts not pleaded - Evidence on facts not pleaded - Go to no issue and should be discountenanced - Court of Appeal was therefore wrong - To have relied on evidence of facts not pleaded (H1) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

EVIDENCE - Proof - Fair hearing - Breach of - Burden of proof - Is on the party who alleges breach - Facts and circumstances of each case - Should be considered (H2) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

EVIDENCE - Proof - Injurious falsehood - Truthfulness - Of the published injurious words - Oral and documentary evidence - Presented by plaintiff - Proved that the words were not true (H2) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

EVIDENCE - Proof - Issues - Misconception - Allegation of ex-convict status - Where appellants failed to discharge their burden of proof - Contention that lower court misconceived the issue - Is not correct (H1) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

EVIDENCE - Proof - Land law - Ownership and possession - Proof of - Trial court’s findings in appellants’ favour - Being supported by evidence - Cannot be faulted (H1) Echere v. Ezirike (2006) 5 KLR (pt. 217) 1659; (2006) 12 NWLR (Pt. 994) 386

 

EVIDENCE - Proof - Manslaughter - Once commission of crime is in issue - It must be proved beyond reasonable doubt -It is the duty of the prosecutor - To adduce evidence to prove manslaughter - And he has failed to do so (H4) Apugo v. State (2006) 7 KLR (pt. 224) 3021; (2006) 15 NWLR (Pt. 1002) 227

 

EVIDENCE - Proof - Murder - Alibi - Evidential burden on accused - Where prosecution discharged its burden of proof - The defence of alibi is a mere farce (H10) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

EVIDENCE - Proof - Murder - Cause of death - Where not established by the medical evidence - Or any other evidence - The charge is not proved (H3) Adava v. State (2006) 2 KLR (pt. 212) 727; (2006) 9 NWLR (Pt. 984) 152

 

EVIDENCE - Proof - Murder - Circumstantial evidence - Self defence - Inconsistency in appellant’s testimony - Goes to establish the charge against him (H5) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

EVIDENCE - Proof - Murder - Defences - Duty of court - Where proof beyond reasonable doubt - Was not established - Conviction shall be set aside (H8) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

EVIDENCE - Proof - Murder - Identification of the corpse - Where the identification is valid - The murder is proved beyond reasonable doubt (H1) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

EVIDENCE - Proof - Murder - Ingredients of the offence - That must be proved by the prosecution - Includes that death of the deceased - Was caused by the accused (H2) Adava v. State (2006) 2 KLR (pt. 212) 727; (2006) 9 NWLR (Pt. 984) 152

 

EVIDENCE - Proof - Murder - Medical evidence - Dispensability of - Where cause of death is obvious - Medical evidence is of no practical or legal necessity - In homicide cases (H2) Ben v. State (2006) 7 KLR (pt. 222) 2645; (2006) 16 NWLR (Pt. 1006) 582

 

EVIDENCE - Proof - Negligence - Medical matter - Res ipsa loquitur - Burden of proof on plaintiff - Was not discharged - As defendants showed the event to be accidental - And not a breach of duty of care (H9) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EVIDENCE - Proof - Onus of - Admission by defendants - That Obunge had been king - Shifted to them the onus to show that he was not the rightful king (H1) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

EVIDENCE - Proof - Onus of - Claim for declaration of title - Though plaintiff must succeed on strength of own case - Plaintiff may support own case with any evidence by defence - Once such is admitted (H2) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

EVIDENCE - Proof - Parties - Burden of proof - Incidence of - Burden of proving particular facts - Falls on the party asserting those facts (H8) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

EVIDENCE - Proof - Pleadings - Where no evidence is led - In support of the averments - They will be deemed as abandoned - As pleadings per se cannot constitute evidence (H4) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

EVIDENCE - Proof - Res judicata - Reliance on past cases - All the ingredients must be present - For the plea to succeed - Where past judgments relied on are denied - Burden of tendering those judgments lies on defendants (H2) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

EVIDENCE - Proof - Standard of proof - Court of Appeal may have mistakenly supposed the standard to be beyond reasonable doubt - Yet it made a finding that proof offered - Was insufficient on balance of probabilities (H4) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

EVIDENCE - Proof - Stealing - Ownership of money stolen - Was clearly proved - To belong to Ogun State Government - As properly found by the two lower courts (H1) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

EVIDENCE - Proof - Title - Boundary - Pleadings - Exhibit 7 is of no help to appellants - Since it did not state - That no boundary ever existed between the parties (H9) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

EVIDENCE - Proof - Title - Burden on plaintiff - To prove his case on its own strength - Not having been discharged - Weakness of the defence - Will not be considered (H5) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

EVIDENCE - Proof - Title - Claim for declaration of - Plaintiff may prove title - By one or more of the five ways - Stated in Idundun v. Okumagba case (H1) Nwabuoku v. Onwordi (2006) 5 KLR (pt. 218) 1801

 

EVIDENCE - Proof - Title - Claim to - Failure of plaintiff to prove his claim to title - And consequent dismissal of his claim by court - Does not automatically confer the title to defendant (H1) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

EVIDENCE - Proof - Title - Duty of plaintiff - Plaintiff who claims declaration of title - Must prove title - To clearly defined area - To which the declaration can be attached (H1) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

EVIDENCE - Proof - Title - Family land - Allocation of plots - Burden of proof - Incidence of - Evidential burden shifted to appellants - And they failed to discharge that burden (H6) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

EVIDENCE - Proof - Title - Identity of land - Must be proved by claimant - With clear description and certainty (H1) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

EVIDENCE - Proof - Title - Identity of land - Must be shown with certainty - That an Exhibit suggests uncertainty of boundaries - Will not stop the court - From determining the issue of boundary (H8) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

EVIDENCE - Proof - Title - Identity of land - Pleadings - Burden of proof - Failure of plaintiff - To establish identity of land claimed - Will occasion dismissal of the claim (H2) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

EVIDENCE - Proof - Title - Mode of acquisition - Duty of plaintiff - It is duty of plaintiff - To establish mode of acquisition of his title - In the course of proving that title (H5) Ajiboye v. Ishola (2006) 6 KLR (pt. 221) 2253; (2006) 13 NWLR (Pt. 998) 628

 

EVIDENCE - Proof - Title - Pleadings - Variation - Where evidence is at variance with pleadings - Claim of ownership is not proved (H6) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

EVIDENCE - Proof - Title - Possession - Documents - Mere production of documents of title - Without pleading and proving vendor’s root of title - Does not permit reliance on acts of possession (H7) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

EVIDENCE - Proof - Title - There are several methods of proving title to land - These include documents of title and acts of possession - As relied on by the Respondent (H1) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

EVIDENCE - Proof - Title - Traditional history evidence - Where not contradicted - It can support a claim for declaration of title (H1) Amayo v. Erinmwingbovo (2006) 5 KLR (pt. 219) 1871; (2006) 11 NWLR (Pt. 992) 699

 

EVIDENCE - Proof - Title - Trespass - Exclusive possession - Plaintiff must show a better title - Coupled with evidence - In order to succeed (H3) Amayo v. Erinmwingbovo (2006) 5 KLR (pt. 219) 1871; (2006) 11 NWLR (Pt. 992) 699

 

EVIDENCE - Proof - Torts - Damages - Evidence of - Is substantiated - Where plaintiff showed - That the published falsehood led to the loss of his job (H5) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

EVIDENCE - Proof - Torts - Injurious or malicious falsehood - Ingredients of the claim - Which include falsehood, malice and damages - Are established by plaintiff (H6) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

EVIDENCE - Proof - Using circumstantial evidence - There must be a number of circumstances - Coexisting and credible - Summing up to a complete and unbroken chain of evidence - Of guilt of the accused - To determine his guilt based on those circumstances (H6) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

EVIDENCE - Proof - Uttering a bank cheque - Expert opinion - Appellant’s move to rely on only favourable part of the Exhibit - Is plain mischief - As the entire document must be interpreted as a whole (H5) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

EVIDENCE - Proof - Uttering a document - Where there is no evidence of a handwriting expert - Court can rely on strong circumstantial evidence (H4) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

EVIDENCE - Proof - Witnesses - That prosecution did not call a particular witness - Did not leave any vacuum - As case was proved beyond reasonable doubt (H3) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

EVIDENCE - Prosecution - Burden of proof - Never shifts from the prosecution - Save in certain exceptional cases like insanity (H7) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

EVIDENCE - Public document - Reason for authentication of - Is to make it admissible - As proof of the original (H6) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

EVIDENCE - Rebuttal - Negligence - Medical matter - Res ipsa loquitur - Rebuttal of the presumption - Was clearly done by the respondents - In the absence of expert evidence from the appellant (H8) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EVIDENCE - Relevance - Possession of land - Where the main issue is on who first settled on the land - Proof of the marriage - That produced his successors - Is not relevant (H1) Awoyoolu v. Aro (2006) 2 KLR (pt. 210) 409; (2006) 4 NWLR (Pt. 971) 481

 

EVIDENCE - Relevancy - Opinion evidence is irrelevant - Though it be that of a judge - So far as he is not acting in his official capacity - As in this case (H8) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

EVIDENCE - Reliability - Documents - Stealing - Proof - Documentary evidence being most reliable - Abound in this case - To prove ownership of the stolen money (H2) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

EVIDENCE - Resolution of issues - Jurisdiction - Where issue of location of land in dispute - Is joined in the pleadings - Trial court is to resolve it - By considering parties’ evidence on the issue (H5) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

EVIDENCE - Sale of land - Document - Ambiguity - Exhibit D that witnessed the sale by respondents to appellant - Was not correctly construed by lower court - And it is not ambiguous (H2) Fagbenro v. Arobadi (2006) 2 KLR (pt. 210) 491; (2006) 7 NWLR (Pt. 978) 172

 

EVIDENCE - Statement to the police - Evidence of a co-accused - Guiding legal principles - Court is to view evidence of co-accused with circumspection - Before convicting on it (H7) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

EVIDENCE - Sufficiency of - Damages - Where the evidence of damages is not sufficient - Court of Appeal rightly reduced - The trial court’s award (H8) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

EVIDENCE - Title - Admission against interest - Effect - Positive statement by D.W.2 called by appellants - That the land belongs to respondents - Weakened the evidence of appellants - And strengthened that of the respondents (H2) Onisaodu v. Elewuju (2006) 7 KLR (pt. 222) 2695; (2006) 13 NWLR (Pt. 998) 517

 

EVIDENCE - Title - Burden of proof - On appellant to show how title was transferred to him - Was fully discharged vide uncontroverted evidence (H3) Fagbenro v. Arobadi (2006) 2 KLR (pt. 210) 491; (2006) 7 NWLR (Pt. 978) 172

 

EVIDENCE - Title - Issues - Documents - Identity of land - Was not raised by court suo motu - And once identity is not established - Document of Sale - Will not be considered (H4) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

EVIDENCE - Title - Proof - Onus of - burden of proving title is on plaintiff - And he must succeed on strength of his own case - Yet he may rely on evidence by defendant - Which lends support to his case (H3) Onisaodu v. Elewuju (2006) 7 KLR (pt. 222) 2695; (2006) 13 NWLR (Pt. 998) 517

 

EVIDENCE - Title - Proof of exclusive possession ss. 46 & 146 E A - Once plaintiff proves title by traditional history - Lawful and exclusive possession - Is presumed in his favour - And ss. 46 & 146 E A - Cannot operate against him (H5) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

EVIDENCE - Title to land - Proof of - May be by one or more of five methods - Including traditional evidence - Acts of ownership - And proof of possession of connected land (H2) Mbani v. Bosi (2006) 5 KLR (pt. 218) 1781; (2006) 11 NWLR (Pt. 991) 400

 

EVIDENCE - Torts - Conversion - Ingredients of - What to prove - Includes ownership - And defendant’s refusal to surrender chattel - These are not proved in this case (H6) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

EVIDENCE - Witnesses - Competence - Courts - Judicial precedents - Obtaining the evidence of a child in criminal cases - Steps the court should take under ss. 154 & 182 Evidence Act (H2) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

EVIDENCE - Witnesses - Contradictions - Court - Criminal procedure - Effect of material discrepancy in testimony - Need for court to make finding - In relation to any contradiction (H2) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

EVIDENCE - Witnesses - Credibility of - Where the issue turns on the credibility of witness - Appellate Court must defer to the opinion of the trial court (H6) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

EVIDENCE - Witnesses - Criminal procedure - Contradictions - Appeals - Principles guiding allegation of contradictions - In the evidence of witnesses - Reversal will not follow in all cases (H5) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

EVIDENCE - Witnesses - Criminal procedure - Contradictory statement - Meaning of - Is a direct opposite of earlier statement - PW2’s statement did not contradict that of PW1 (H6) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

EVIDENCE - Witnesses - Criminal procedure - Evidence of a child - Prior investigation by trial court - Burden on party who alleges that there was no investigation - Was not discharged by appellant (H4) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

EVIDENCE - Witnesses - Cross examination - Absence of - Means acceptance of the testimony - In its entirety (H4) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

EVIDENCE - Witnesses - Hearsay - Meaning - Subramanian case - When an evidence may be hearsay - Includes where it is a statement - Made by a witness who is not called to testify (H1) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EVIDENCE - Witnesses - Inducement of - First statement of some prosecution witnesses - Were rightly found by lower courts - To be induced (H1) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

EVIDENCE - Witnesses - Tainted witness - Definition of - Self purpose - PW5 does not fit into the definition - As he had no self purpose to serve (H4) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

EVIDENCE - Witnesses - Tainted witness - Meaning - Judicial precedents - Cases relied upon by appellant - Do not show 1st respondent to be a tainted witness (H7) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EVIDENCE - Witnesses - Testimony of - In ascribing probative value the court considers cogency - Consistency and reasonableness of testimony - In relation to other evidence before it (H5) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

EVIDENCE - Witnesses - Testimony of a witness - In earlier proceedings - Is relevant in subsequent proceedings - In proof of fact it states - Provided witness was cross-examined - Parties are same - And questions in issue substantially same (H3) Onu v. Idu (2006) 6 KLR (pt. 220) 2195; (2006) 12 NWLR (Pt. 995) 657

 

EVIDENCE - Witnesses - Veracity - Need for accused to maintain the truth - Or his evidence will lack credibility (H5) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

EVIDENCE - Words & phrases - Credible evidence - Meaning of - It means evidence worthy of belief and credit - It must be naturally reasonable and probable in the circumstances (H7) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

EXPERT OPINION - Criminal procedure - Expert opinion - Or direct evidence - Where lacking on a subject - Trial court can rely on cogent inferential evidence (H3) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

EXPERT OPINION - Cross examination - Ballistician need not be called by the prosecution - As there was no cross examination of the witnesses (H4) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

EXPERT OPINION - Documents - Criminal procedure - Uttering a bank cheque - Appellant’s move to rely on only favourable part of the Exhibit - Is plain mischief - As the entire document must be interpreted as a whole (H5) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

EXPERT OPINION - Medical matter - Allegation of negligence against respondents - Who gave expert evidence - Made it mandatory for appellant to have called expert witness (H5) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

EXPERT OPINION - Uttering a document - Proof - Where there is no evidence of a handwriting expert - Court can rely on strong circumstantial evidence (H4) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

FAIR HEARING - Access to the courts - Is granted to every citizen vide s. 33(1) 1979 Constitution - And under the twin pillars - Of the common law concept of natural justice (H1) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

FAIR HEARING - Appeals - Denial of fair hearing - Issues - Cross-appeal - Issues in the cross-appeal - Did not depend on the issues in the main appeal - So failure of Court of Appeal - To determine the issues in the cross-appeal - Amounts to denial of fair hearing (H6) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

FAIR HEARING - Appeals - Determination of - During pendency of interlocutory motion - Determination of appeal - Without first determining interlocutory motions - Is breach of fair hearing - Provided the motion is already pending - Which is not the case here (H7) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

FAIR HEARING - Appeals - Record of the court - Allegation against the court - That is not substantiated - By the lower court’s record - Will not be upheld (H7) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

FAIR HEARING - Breach of - Brief of appeal - Hearing of appeal without respondent’s brief - Is not a breach of fair hearing - Where respondent had opportunity to file brief but failed to do so (H4) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

FAIR HEARING - Breach of - Burden of proof - Is on the party who alleges breach - Facts and circumstances of each case - Should be considered (H2) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

FAIR HEARING - Breach of - Exception - Equity - Once trial has commenced - After issues are joined - A party who neglects to partake in the proceedings - Cannot complain of breach of fair hearing - As equity helps only the vigilant (H4) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

FAIR HEARING - Breach of - Where a party is given ample opportunity - And conducive atmosphere to present his case - But he fails to utilize them - His right to fair hearing is not breached (H4) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

FAIR HEARING - Denial - Where court creates environment - For fair hearing of a case for both parties - A party that fails to utilize the fair process - Cannot accuse the court (H5) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

FAIR HEARING - Motions - Adjournment - Where applicant has finished moving his motion - Grant of application for adjournment to respondent - At that stage on a flimsy reason - Will not be proper (H3) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

FAIR HEARING - Necessity of hearing both sides - Exhibit F is inadmissible evidence - In proof of identity of convict - As it offends the doctrine of fair hearing (H9) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

FAIR HEARING - Scope of - It is for protection of all parties - Not just one party - And its provisions should be interpreted - So as to do justice between the parties to a dispute (H3) Banna v. Telepower Ltd (2006) 7 KLR (pt. 222) 2621; (2006) 15 NWLR (Pt. 1001) 198

 

FAIR HEARING - Service of processes - Hearing notices - Non-issuance of hearing notice - Where it amounts to breach of fair hearing - Will render proceedings null and void - And result in it being set aside (H3) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

FAMILY LAW - Land law - Family property - Capacity to sue thereon - Any member of the family - Whose interest is threatened - Can sue to protect his interest - With or without consent - Of other members of the family (H4) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

FOREIGN EXCHANGE - Actions - Locus standi - Banking - Foreign exchange procurement - Where the Bank failed to procure the agreed foreign exchange - Plaintiff has the locus to sue (H3) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

FOREIGN EXCHANGE - Immigration - Pleadings - Employment - Foreign currency - Averment that salary of expatriates in foreign currency is forbidden - That had no evidence in its support - Is deemed abandoned (H4) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

FOREIGN EXCHANGE - Procurement of - Banking - Contracts - Where appellant Bank agreed to procure foreign exchange - But failed to do so - Respondent is entitled to a return of its money (H4) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

FUNDAMENTAL RIGHTS - Actions - Torts - Procedure for filing claims - Where the principal claims are tortious - Writ of summons is proper - Not Fundamental Rights Procedure (H2) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

FUNDAMENTAL RIGHTS - Appeals - Application for leave to enforce - Decision thereon - Is not a decision under s. 241(d), 1999 Constitution - To entitle respondent - To appeal as of right (H1) Union Bank of Nig. Plc v. Sogunro (2006) 7 KLR (pt. 224) 3207; (2006) 16 NWLR (Pt. 1006) 504

 

FUNDAMENTAL RIGHTS - Common law claims - Where initiated vide Fundamental Rights Procedure - It is a fundamental breach - That makes the claims incompetent (H3) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

FUNDAMENTAL RIGHTS - Constitution - Suspension and Modification - Right to personal liberty - Guaranteed under s. 32(1) 1979 Constitution - Was not suspended by 1993 Suspension Decree (H1) Duru v. Nwangwu (2006) 5 KLR (pt. 219) 1935

 

FUNDAMENTAL RIGHTS - Fair hearing - Appeals - Determination of - During pendency of interlocutory motion - Determination of appeal - Without first determining interlocutory motions - Is breach of fair hearing - Provided the motion is already pending - Which is not the case here (H7) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

FUNDAMENTAL RIGHTS - Fair hearing - Breach of - Brief of appeal - Hearing of appeal without respondent’s brief - Is not a breach of fair hearing - Where respondent had opportunity to file brief but failed to do so (H4) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

FUNDAMENTAL RIGHTS - Fair hearing - Breach of - Exception - Equity - Once trial has commenced - After issues are joined - A party who neglects to partake in the proceedings - Cannot complain of breach of fair hearing - As equity helps only the vigilant (H4) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

FUNDAMENTAL RIGHTS - Fair hearing - Hearing notices - Non-issuance of hearing notice - Where it amounts to breach of fair hearing - Will render proceedings null and void - And result in it being set aside (H3) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

FUNDAMENTAL RIGHTS - Fair hearing - Necessity of hearing both sides - Exhibit F is inadmissible evidence - In proof of identity of convict - As it offends the doctrine of fair hearing (H9) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

FUNDAMENTAL RIGHTS - Nature of relief - Except relief claimed - Is in the main an enforcement of fundamental rights - It should not be brought - Under the Fundamental Rights Rules (H1) University of Ilorin v. Oluwadare (2006) 7 KLR (pt. 223) 2951; (2006) 14 NWLR (Pt. 1000) 751

 

IMMIGRATION - Pleadings - Employment - Foreign currency - Averment that salary of expatriates in foreign currency is forbidden - That had no evidence in its support - Is deemed abandoned (H4) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

IMMIGRATION - Resident permit - Employment - Pleadings - Immigration Act s. 10(5) - Provided for deportation not nullification of employment contract (H5) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

INJUNCTIONS - Interlocutory injunction - Basis of the application - Was not misconceived by lower court - As wrongfully alleged (H2) Ideozu v. Ochoma (2006) 2 KLR (pt. 210) 517; (2006) 4 NWLR (Pt. 970) 364

 

INJUNCTIONS - Interlocutory injunction - Object of - Where the acts had been completed - Court of Appeal rightly set aside the order (H1) Ideozu v. Ochoma (2006) 2 KLR (pt. 210) 517; (2006) 4 NWLR (Pt. 970) 364

 

INJUNCTIONS - Propriety of - Completed act - After an improper removal from office - Where the office is protected by law - Injunctive order could still lie - As such removal is null and void (H4) Governor Kwara State v. Ojibara (2006) 12 KLR (pt. 226) 3679; (2006) 18 NWLR (Pt. 1012) 645

 

INJUNCTIONS - Scope of - Injunction lies only in respect of live issues - Not in respect of dead issues - Or action already completed (H24) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

INJUNCTIONS - Title - Customary tenancy - It is wrong to issue an injunction restraining the landlords - From dealing with the disputed land - As they cannot be trespassers on their own land (H9) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

INTERLOCUTORY APPLICATIONS - Estoppel - Trial Court’s earlier decision - Operated as an estoppel to bar appellants - From making another later similar application (H2) Shell Petroleum v. X.M. Federal Ltd (2006) 7 KLR (pt. 224) 3171; (2006) 16 NWLR (Pt. 1004) 189

 

INTERLOCUTORY APPLICATIONS - Application for striking out - Necessary steps - Where application requires resolution of certain facts - Statement of defence should first be filed - To avail court of all material facts - To aid its decision (H4) Disu v. Ajilowura (2006) 7 KLR (pt. 223) 2805; (2006) 14 NWLR (Pt. 1000) 783

 

INTERLOCUTORY APPLICATIONS - Definitive pronouncements - On substantive case - Upon hearing of interlocutory application - Was right in this case - As necessary to resolve the issue on appeal - Relating only to the 8th and 9th defendants - (H2) Duru v. Nwangwu (2006) 5 KLR (pt. 219) 1935

 

INTERLOCUTORY APPLICATIONS - Judgments - Finality - A decision that finally determines the parties’ rights - Is final - Though given in an interlocutory application (H8) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

INTERLOCUTORY APPLICATIONS - Jurisdiction - Application to set aside wrongful execution - Like application for stay of execution - Is a matter over which both High Court and Court of Appeal have concurrent jurisdiction (H2) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

INTERLOCUTORY APPLICATIONS - Pronouncements - On matters in dispute between he parties - Was wrongfully made - By the two lower Courts (H1) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

INTERLOCUTORY APPLICATIONS - Stay of execution - Definition - Purpose of the order - Is to arrest further action by the court - By Suspending execution of the judgment in issue (H1) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

INTERLOCUTORY APPLICATIONS - Wrongful execution - Application to set aside - Was rightly made to Court of Appeal in the first instance - As there existed special circumstances - Warranting that (H3) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

INTERLOCUTORY PROCEEDINGS - Appeals - Interlocutory appeal - Life of - Where the substantive suit or appeal - Has been determined - The interlocutory appeal becomes lifeless and spent (H1) Olori Motors Ltd v. Union Bank (2006) 4 KLR (pt. 223) 2889; (2006) 10 NWLR (Pt. 989) 586

 

INTERNATIONAL LAW - Customs or usages - Enforceability - Unless a usage is locally enacted - Or recognized by courts - As generally accepted - Parties relying on it - Must prove submission of the parties to it (H2) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

INTERNATIONAL LAW - Foreign judgment - Registration - Limitation period - Where the statute provided for 12 months limitation period - Application to register foreign judgment - Brought after about 4 years - Will not be granted (H5) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

INTERNATIONAL LAW - Judgments - Derailment - Misconstruction of statute - Made lower court derail - In failing to apply clear provisions - Of the Foreign Judgments Act (H4) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

INTERNATIONAL LAW - Statutes - Enforceability - Foreign Judgments Act - Registration of foreign judgment - S. 4 of the Act - Is not enforceable - Without an order promulgated - By the Minister of Justice (H2) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

JUDGMENTS - Appeal - Error in judgment - Must be substantial to result in an appeal being allowed - It must be shown to have occasioned a miscarriage of justice (H2) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

JUDGMENTS - Appeals - Briefs - Issues - Properly distilled from grounds of appeal - Court need only consider these - Not the grounds themselves (H7) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

JUDGMENTS - Appeals - Competence - Leave - Tax Authority - S. 26 of the Finance Law - Confers right of appeal to the High Court - On person aggrieved by a decision on tax assessment - And appeal to Court of Appeal should be with leave - Vide s. 221 1979 Constitution (H3) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

JUDGMENTS - Appeals - Concurrent findings - Will not be disturbed by Supreme Court - Unless it violates some principle of law or procedure - Which when corrected - Will overturn the findings (H2) Gbadamosi v. Governor of Oyo State (2006) 6 KLR (pt. 221) 2369; (2006) 13 NWLR (Pt. 997) 363

 

JUDGMENTS - Appeals - Concurrent findings of fact - Supported by evidence - Should not be disturbed - Unless there be violation of some principle of law or procedure - And miscarriage of justice (H2) Onu v. Idu (2006) 6 KLR (pt. 220) 2195; (2006) 12 NWLR (Pt. 995) 657

 

JUDGMENTS - Appeals - Decision - Grounds of appeal - Allegation that they did not arise - From lower court’s decision - Is not substantiated (H3) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

JUDGMENTS - Appeals - Decision - That is not appealed against - Is binding on the appellants - And the parties in general (H1) Shell Petroleum v. X.M. Federal Ltd (2006) 7 KLR (pt. 224) 3171; (2006) 16 NWLR (Pt. 1004) 189

 

JUDGMENTS - Appeals - Default Judgment - Trial Court’s failure - To consider the defence - In refusing to set aside its default judgment - Justified Court of Appeal’s intervention (H5) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

JUDGMENTS - Appeals - Ground of appeal - Is usually against ratio - Of judgment appealed - Not against obiter - Except an obiter be closely linked with and radically influenced the ratio (H1) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

JUDGMENTS - Appeals - Grounds of appeal - Must attack the ratio in the judgment - For issues arising therefrom - To result in setting aside of the judgment (H3) Adelekan v. ECU-Line NV (2006) 5 KLR (pt. 218) 1713; (2006) 12 NWLR (Pt. 993) 33

 

JUDGMENTS - Appeals - Interference - Findings of trial court - Are to be disturbed -Where not supported by evidence - And will lead to a miscarriage of justice (H5) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

JUDGMENTS - Appeals - Issues - Basis of judgment - Appealed against - Parties are obliged - To restrict their complaints - To the basis of judgment appealed against - Which in this case is the issue of jurisdiction (H1) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

JUDGMENTS - Appeals - Issues - Decision of trial court - Where not in issue - Nor appealed against - Court of Appeal has no powers - Under s. 16 of the CA Act - To reverse the decision (H5) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

JUDGMENTS - Appeals - Issues for determination - Propriety of - Issues must have relevance - To the issues upon which decision - Complained against was based - Else they should be ignored (H1) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

JUDGMENTS - Appeals - Land matters - Judgment of trial court - Was clearly perverse - For being contrary - To evidence on record - Particularly on the issue of identity of the land in dispute - As held by Court of Appeal (H3) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

JUDGMENTS - Appeals - Leave of court - Miscarriage of justice - Appeal from a final decision of trial court - Is as of right needing no leave - And justice is not violated - By lower court’s failure to determine this issue (H9) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

JUDGMENTS - Appeals - Reversal - Evidence - Wrongly admitted evidence - Must be shown to have adversely affected due consideration of a case - For appeal court to reverse the decision because of it (H7) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

JUDGMENTS - Appeals - Reversal - Trial court’s Judgment - Will not be interfered with - Unless shown to be perverse - And the findings in this case - Are not perverse (H2) Echere v. Ezirike (2006) 5 KLR (pt. 217) 1659; (2006) 12 NWLR (Pt. 994) 386

 

JUDGMENTS - Binding effect of - Appeals - Reply - Finding of appellate High Court - That counter affidavit is not a reply - Where not appealed against - It remains binding on the parties (H5) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

JUDGMENTS - Certification - Res judicata - Evidence - Admissibility - Past judgment of court - Tendered in proof of res judicata - Not being a certified copy under ss.54, 111 & 112 EA - Is not admissible (H3) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

JUDGMENTS - Clerical slips - Court that delivered the judgment - Or another court of coordinate jurisdiction - Has power to effect needed correction (H2) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

JUDGMENTS - Consent judgment - Is as effective as usual judgment - In all matters settled therein - And such settled questions - Were wrongfully reopened in this case (H4) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

JUDGMENTS - Consent judgment - Terms of - Where it fully resolved the dispute - It cannot be amended or corrected - Save by an appeal (H6) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

JUDGMENTS - Consolidated suits - Separate decision on each suit is necessary - But manner of doing it - Depends on the nature of the suits (H3) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

JUDGMENTS - Correctness of - Appeals - Paramount consideration for appellate court - Is whether the decision is right - Not whether the reasons are right (H3) Intergrated Timber & Plywood Ltd v. Union Bank Plc. (2006) 5 KLR (pt. 218) 1753; (2006) 12 NWLR (Pt. 995) 483

 

JUDGMENTS - Counterclaim - Is a substantive action - Which must be proved - To satisfaction of court - To entitle counter claimant to judgment (H4) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

JUDGMENTS - Courts - Issues - Judgments - Must be confined to issues raised by the parties - For court to go outside such issues - May occasion miscarriage of justice (H5) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

JUDGMENTS - Courts - Neutrality - Where trial court took side with plaintiff - Court of Appeal rightly set aside its judgment (H5) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

JUDGMENTS - Damages - Slip of the pen - Where trial court vide a ruling - Confirmed that the amount of N5 million instead of N5,000.00 - Contained in the signed judgment certificate - Is a slip of the pen - The appellate court will accept it as conclusive (H1) Alh. Yakubu Enter. Ltd v. Omolaboje (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 966) 195

 

JUDGMENTS - Damages - Special damages - Not having been pleaded and proved - And being lumped with general damages - In appellant’s claim - Court below was right - To have set aside judgment of trial court awarding both damages (H5) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

JUDGMENTS - Decision - Appeals - Perverse decision - Meaning - Where Court of Appeal ignores relevant facts - Supreme Court will set its decision aside (H10) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

JUDGMENTS - Default judgment - Considerations court will make - In setting aside judgment given in default of defence - Includes whether the exhibited statement of defence - Shows the case to be unsupportable (H4) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

JUDGMENTS - Derailment - Appeals - Misconstruction of statute - Made lower court derail - In failing to apply clear provisions - Of the Foreign Judgments Act (H4) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

JUDGMENTS - Effect of - Where not appealed against - As and when due - Such judgment remains subsisting - And rights determined therein remain valid (H4) Arewa Paper Converters Ltd v. N.I.D.C. Ltd (2006) 7 KLR (pt. 223) 2741; (2006) 15 NWLR (Pt. 1002) 404

 

JUDGMENTS - Enforcement - Irregularity - Justice - Application to set aside wrongful sale - Where it ought to be by Writ of Summons - But was wrongly brought by motion - The defect is cured by the spirit of the Law & Rules - That enjoin execution of substantial justice (H4) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

JUDGMENTS - Enforcement of - Sale of immoveable property - Attachment and sale of debtor’s immoveable property - Without prior leave of court - Is illegal and void - And confers no valid title on the purchasers (H3) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

JUDGMENTS - Enforcement procedure - Sale of immovable property - Attachment and sale of immovable property of judgment debtor - Must be by leave or order of court - Made upon application on notice (H2) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

JUDGMENTS - Error - Power of trial court to correct its clerical error - Does not include rehearing or reviewing the matter - As was wrongfully done in this case (H3) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

JUDGMENTS - Evidence - Documents - Probative value of - Judge can expunge or disregard a document earlier admitted in evidence - In the course of evaluating the totality of evidence - To arrive at a proper decision (H3) Nwabuoku v. Onwordi (2006) 5 KLR (pt. 218) 1801

 

JUDGMENTS - Execution - Auction sale of land - By court in levying execution of judgment - Is null and void - Where the land had been validly assigned - To the purchaser’s and court’s knowledge (H5) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

JUDGMENTS - Execution of - Sale of immovable property - Application to set aside - Except application is brought within 21 days - Sale is deemed absolute - And title effectively transferred (H1) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

JUDGMENTS - Finality - A decision that finally determines the parties’ rights - Is final - Though given in an interlocutory application (H8) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

JUDGMENTS - Finality - Determining whether a decision is final or interlocutory - Is by looking at the nature of the order made - And not the nature of the proceedings (H7) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

JUDGMENTS - Finality of - Where a judgment is given on the merit - And is a final judgment - It can only be challenged by appeal (H2) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

JUDGMENTS - Foreign judgment - Registration - Limitation period - Where the statute provided for 12 months limitation period - Application to register foreign judgment - Brought after about 4 years - Will not be granted (H5) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

JUDGMENTS - Foreign judgment - Statutes - Applicability - Registration and enforcement of foreign judgment - It is the 1922 and 1961 Acts that are applicable (H1) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

JUDGMENTS - Instrument - Meaning - Jurisdiction - Lagos High Court Rules O. 46 r. 1 - Court of coordinate jurisdiction - Lacks jurisdiction to determine issue of construction - Of a sister court’s judgment (H1) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

JUDGMENTS - Issue estoppel - Applicability - Where res judicata fails - Issue estoppel - May still apply - If failure is - By reason of difference in cause of action - So long as - Question for determination - Are same in both actions (H3) Ajiboye v. Ishola (2006) 6 KLR (pt. 221) 2253; (2006) 13 NWLR (Pt. 998) 628

 

JUDGMENTS - Motions - Judicial precedents - Distinguishing - Onyekwuluje case facts - On the need for court to hear - And pronounce on any process before it - Are not same with present case - As trial court in its judgment - Eventually ruled on the motion in issue (H3) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

JUDGMENTS - Motor accident - Findings - Sketch map drawing - Most important point therein - Is in whose lane the point of impact occurred - And concurrent findings on this issue - Will not be disturbed (H3) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

JUDGMENTS - Per incuriam decision - Selection of chief - Village heads - Function of - Is to nominate 3 candidates under the law - While Emirate Council will nominate one of them - For the Governor’s appointment - Lower court acted per incuriam - In holding otherwise (H5) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

JUDGMENTS - Presumption of correctness - Appeals - Burden of showing that a judgment is not correct - Is always on the appellant (H3) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

JUDGMENTS - Res judicata - Basis of - A cross appeal - Arising from a judgement - Declared void ab initio - Cannot be basis for res judicata - Being baseless itself (H4) Ajiboye v. Ishola (2006) 6 KLR (pt. 221) 2253; (2006) 13 NWLR (Pt. 998) 628

 

JUDGMENTS - Res judicata - Effect - It precludes a party - From disputing against the other party - In a subsequent suit - The same issues previously decided between them (HI) Ajiboye v. Ishola (2006) 6 KLR (pt. 221) 2253; (2006) 13 NWLR (Pt. 998) 628

 

JUDGMENTS - Reversal - Appeals - Evidence - Where wrongfully admitted evidence - Is discountenanced on appeal - The judgment will not be reversed - If sustainable by other available evidence (H5) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

JUDGMENTS - Reversal - Evidence - Though Exhibit B was rightly expunged by lower court - Reversal of the judgment was wrong - As the judgment is sustained by other evidence on record (H5) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

JUDGMENTS - Revocation of - Default judgment - Where judgment was given in default of defence - The trial judge can set it aside (H3) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

JUDGMENTS - Right of appeal - From Federal High Court decision - On matters originating from Failed Banks Tribunals - Scope of - The right of appeal lies in s. 7 of Decree 62 - And covers only judgments given under that Decree - Unlike the instant judgment given under Decree 18 (H5) Arewa Paper Converters Ltd v. N.I.D.C. Ltd (2006) 7 KLR (pt. 223) 2741; (2006) 15 NWLR (Pt. 1002) 404

 

JUDGMENTS - Setting aside of - Obiter dictum - An obiter dictum - Cannot form the basis - For setting aside a judgment - As it is not the basis - Or the ratio decidendi of the judgment (H4) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

JUDGMENTS - Setting aside of - Power of court - Where judgment is a nullity - Superior Court of record have inherent jurisdiction - To set aside its own judgment or order - That is null by a fundamental defect (H3) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

JUDGMENTS - Statutes - Enforceability - Foreign Judgments Act - Registration of foreign judgment - S. 4 of the Act - Is not enforceable - Without an order promulgated - By the Minister of Justice (H2) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

JUDGMENTS - Stay of execution - Definition - Purpose of the order - Is to arrest further action by the court - By Suspending execution of the judgment in issue (H1) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

JUDGMENTS - Succession - Consent judgment - Redevelopment of property - Agreement of the parties - As contained in a consent judgment - Cannot be altered by incorporating an agreement - Respondent was not a party to (H5) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

JUDGMENTS - Title - Claim to - Failure of plaintiff to prove his claim to title - And consequent dismissal of his claim by court - Does not automatically confer the title to defendant (H1) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

JUDICIAL PRECEDENTS - Actions - Representative capacity - Essential requirements for - As listed in Olatunji case - Which include requirement of same interest of those represented - Were not satisfied in this action (H2) Ofia v. Ejem (2006) 5 KLR (pt. 217) 1697; (2006) 11 NWLR (Pt. 992) 652

 

JUDICIAL PRECEDENTS - Companies - Directors - Authority to institute action - On behalf of the company - As contained in Exhibit H - Is sufficient in this matter - As held in Sotiminu case (H4) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

JUDICIAL PRECEDENTS - Conflict of laws - Auction sale of land - That would have been invalid - Is validated by another law - In protection of a bona fide purchaser (H2) Ibiyeye v. Fojule (2006) 2 KLR (pt. 212) 773; (2006) 3 NWLR (Pt. 968) 640

 

JUDICIAL PRECEDENTS - Fadare case - Stare decisis - The principle in Fadare case - Applies to the instant case - As both cases concern the proper stage - At which to raise preliminary objections - Involving points of law (H2) Disu v. Ajilowura (2006) 7 KLR (pt. 223) 2805; (2006) 14 NWLR (Pt. 1000) 783

 

JUDICIAL PRECEDENTS - Hearsay evidence - Meaning - Subramanian case - When an evidence may be hearsay - Includes where it is a statement - Made by a witness who is not called to testify (H1) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

JUDICIAL PRECEDENTS - Jurisdiction - Reliefs - Third Party Proceedings - Tukur case - Was wrongfully relied upon by lower court - On issue of principal and ancillary reliefs - In assigning jurisdiction to State High Court (H3) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

JUDICIAL PRECEDENTS - Motions - Distinguishing - Onyekwuluje case facts - On the need for court to hear - And pronounce on any process before it - Are not same with present case - As trial court in its judgment - Eventually ruled on the motion in issue (H3) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

JUDICIAL PRECEDENTS - Motions - Hearing of - Motion to arrest judgment - Onyekwuluje case - Decided that a court must hear a motion - Or any process before it - Even if improperly filed (H2) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

JUDICIAL PRECEDENTS - Rule in Kojo v. Bonsie - Refusal of - There are material contradictions - In testimonies of defence witnesses - To justify trial judge’s refusal - To apply the rule in Kojo v. Bonsie (H3) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

JUDICIAL PRECEDENTS - Stare decisis - Supreme Court - Is bound by its previous decision in Macaulay case - As it is on all fours with the present case (H3) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

JUDICIAL PRECEDENTS - Tainted witness - Meaning - Judicial precedents - Cases relied upon by appellant - Do not show 1st respondent to be a tainted witness (H7) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

JUDICIAL PRECEDENTS - Title - Claim for declaration of - Plaintiff may prove title - By one or more of the five ways - Stated in Idundun v. Okumagba case (H1) Nwabuoku v. Onwordi (2006) 5 KLR (pt. 218) 1801

 

JUDICIAL PRECEDENTS - Witnesses - Competence - Courts - Obtaining the evidence of a child in criminal cases - Steps the court should take under ss. 154 & 182 Evidence Act (H2) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

JURISDICTION - Absence of - Court of Appeal having no jurisdiction to adjudicate on this matter - It’s proceedings thereon is in futility (H3) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

JURISDICTION - Actions - Competence - Jurisdiction - Allegation of incompetence of action - Raises issue of jurisdiction of Court - Which ought to be dealt with first and foremost (H1) Ofia v. Ejem (2006) 5 KLR (pt. 217) 1697; (2006) 11 NWLR (Pt. 992) 652

 

JURISDICTION - Actions - Competence - Reliefs claimed - Sole reference to its nature - Is what determines jurisdiction - And competence of the action (H1) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

JURISDICTION - Actions - Jurisdiction of Courts - Is determined by the nature of plaintiff’s claim (H2) Intergrated Timber & Plywood Ltd v. Union Bank Plc. (2006) 5 KLR (pt. 218) 1753; (2006) 12 NWLR (Pt. 995) 483

 

JURISDICTION - Actions - Negligence and breach of contract claim - Having nothing to do with marine navigation - Nor monetary policy of the government - State High Court has jurisdiction (H1) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

JURISDICTION - Actions - Reliefs - Principal relief in the Third Party Notice - Emanates from Pre-Shipment Inspection duty - Thereby making State High Court - To lack jurisdiction (H4) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

JURISDICTION - Admiralty - Federal High Court - Admiralty jurisdiction of - Does not extend to banker/customer relationship - Having been ousted by proviso to para (d) of s. 230(1) of 1979 Constitution (H1) Intergrated Timber & Plywood Ltd v. Union Bank Plc. (2006) 5 KLR (pt. 218) 1753; (2006) 12 NWLR (Pt. 995) 483

 

JURISDICTION - Appeals - Grounds of - Competency of - Grounds of appeal herein - Are incompetent - Being complaints against findings of trial court - Though couched as if against those of Court of Appeal - Supreme Court therefore lacks jurisdiction - To entertain them (H4) Opara v. Dowel Schlumberger Ltd (2006) 7 KLR (pt. 224) 3141; (2006) 15 NWLR (Pt. 1002) 342

 

JURISDICTION - Appeals - Issues - Basis of judgment - Appealed against - Parties are obliged - To restrict their complaints - To the basis of judgment appealed against - Which in this case is the issue of jurisdiction (H1) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

JURISDICTION - Appeals - Issues - Customary tenancy - Being an issue of fact - Supportable by an omnibus ground of appeal - Gave Court of Appeal jurisdiction - To entertain issue of customary tenancy (H6) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

JURISDICTION - Appeals - Leave - Charges - Issue of competence of charge - Being an issue of jurisdiction - Can be raised for the first time without leave - Before the Supreme Court (H2) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

JURISDICTION - Appeals - Leave - Issue of law and jurisdiction - Though can be raised at any stage - It is not a free for all exercise - As some principles should be complied with (H9) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

JURISDICTION - Appeals - Leave - Where appeal requires leave - And time within which to appeal has expired - Appellant must obtain extension of time to seek leave - Leave and extension of time to appeal - For appellate court to have jurisdiction (H2) Adelekan v. ECU-Line NV (2006) 5 KLR (pt. 218) 1713; (2006) 12 NWLR (Pt. 993) 33

 

JURISDICTION - Appeals - Leave - Where lower court lacked jurisdiction - Over some grounds of appeal filed without leave - The other party’s conduct in not objecting - Cannot legally confer jurisdiction (H10) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

JURISDICTION - Appeals - Right to appeal - Basis of - Appellate jurisdiction - Is created by statute - So no right to appeal - Inures to any person - Except as created by statute (H2) Ehuwa v. Ondo State Inde. Elect. Comm. (2006) 12 KLR (pt. 226) 3573; (2006) 18 NWLR (Pt. 1012) 544

 

JURISDICTION - Appeals - Supreme Court - Does not entertain direct complaints - Against the decision of the High Court (H8) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

JURISDICTION - Appellate courts - Once it is decided - That lower court - Lacked jurisdiction - Appellate Court - Is without jurisdiction - To look into merits of the appeal (H3) Ehuwa v. Ondo State Inde. Elect. Comm. (2006) 12 KLR (pt. 226) 3573; (2006) 18 NWLR (Pt. 1012) 544

 

JURISDICTION - Argument - Appeals - Statutes conferring appellate jurisdiction - Must be followed - And a complaint not predicated on any ground - Cannot be argued (H4) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

JURISDICTION - Chieftaincy - Declaratory Relief - Jurisdiction of High Court - Extends to the granting of declaratory reliefs in chieftaincy matters (H1) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

JURISDICTION - Compensation for land - Is not same as claim connected to mines and minerals - As to oust State High Court’s jurisdiction (H4) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

JURISDICTION - Condition precedent - Chiefs Law s. 22(5) - Local remedies - Are to be exhausted before litigation - For court to have jurisdiction (H3) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

JURISDICTION - Court - Where it lacks jurisdiction - Proper order for the court to make - Is an order striking out the proceedings - Not an order of transfer (H3) Fasakin Foods Ltd. v. Shosanya (2006) 4 KLR (pt. 216) 1447; (2006) 10 NWLR (Pt. 987) 126

 

JURISDICTION - Court of Appeal - Wrongful execution - Application to set aside - Was rightly made to Court of Appeal in the first instance - As there existed special circumstances - Warranting that (H3) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

JURISDICTION - Court processes - Originating processes - Service of - Is condition precedent - To exercise of jurisdiction by court (H3) Kida v. Ogunmola (2006) 6 KLR (pt. 220) 2137; (2006) 13 NWLR (Pt. 997) 377

 

JURISDICTION - Courts - Concurrent jurisdiction - Application to set aside wrongful execution - Like application for stay of execution - Is a matter over which both High Court and Court of Appeal have concurrent jurisdiction (H2) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

JURISDICTION - Courts - Election Petition - As shown clearly by plaintiff’s claim - Subject matter of the suit is election petition - Already concluded by Court of Appeal - Federal High Court was therefore right - To decline jurisdiction (H3) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

JURISDICTION - Courts - Judgments - Instrument - Meaning - Jurisdiction - Lagos High Court Rules O. 46 r. 1 - Court of coordinate jurisdiction - Lacks jurisdiction to determine issue of construction - Of a sister court’s judgment (H1) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

JURISDICTION - Courts - Legislation - Power to transfer a matter - Under s. 22 of Federal High Court Act - Lagos State High Court cannot transfer matters to Federal High Court - Till State Assembly legislates on that subject (H1) Fasakin Foods Ltd. v. Shosanya (2006) 4 KLR (pt. 216) 1447; (2006) 10 NWLR (Pt. 987) 126

 

JURISDICTION - Courts - Legislation - Revocation - Where a subsequent legislation - Revokes an earlier one - Courts lack jurisdiction - To still rely on the revoked legislation - It is the Legislature’s function to make laws - Vide doctrine of separation of powers (H4) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

JURISDICTION - Courts - Objection to - Not being an ordinary point of law - Objection to jurisdiction - Need not be raised in a statement of defence - As O. 23 does not apply to it (H2) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

JURISDICTION - Customary law - Chiefs - Selection of - Court has no jurisdiction to make declarations - Of customary law relating to selection of chiefs - Though it can make a finding on what law is applicable - And apply it in a declaratory relief (H2) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

JURISDICTION - Failed Banks - Decree 1999 ss. 2 and 3 - Scope of - Jurisdiction conferred on Federal High Court thereunder - Does not include matters already determined by the Tribunal - And for which time of appeal has passed (H3) Arewa Paper Converters Ltd v. N.I.D.C. Ltd (2006) 7 KLR (pt. 223) 2741; (2006) 15 NWLR (Pt. 1002) 404

 

JURISDICTION - Failed Banks Tribunal - Is empowered to try other offences not specified in the Decree - Miscarriage of justice was not occasioned - By appellant not being tried in the usual courts (H2) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

JURISDICTION - Failed Banks Tribunal - Where appellant falsely represented - That a bank he is chairman of - Has US dollars to sell - The Tribunal has jurisdiction to try him (H3) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

JURISDICTION - Federal High Court - Jurisdiction of - Does not extend to cases of simple contract - Or damages for negligence (H4) Adelekan v. ECU-Line NV (2006) 5 KLR (pt. 218) 1713; (2006) 12 NWLR (Pt. 993) 33

 

JURISDICTION - Federal High Court - Jurisdiction over failed bank matters - By Tribunals Decree 1999 - The Jurisdiction covers only part-heard matters - Prior to 28/05/1999 - Or new matters after that date (H2) Arewa Paper Converters Ltd v. N.I.D.C. Ltd (2006) 7 KLR (pt. 223) 2741; (2006) 15 NWLR (Pt. 1002) 404

 

JURISDICTION - Issue of - Should not be used to be-cloud the real issue - Or to bamboozle the court (H4) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

JURISDICTION - Issue of - When raised - Competency of persons to sue - Is a jurisdictional issue - As such it can be raised at any time - Even before the Supreme Court (H2) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

JURISDICTION - Issues - Land matters - Where issue of location of land in dispute - Is joined in the pleadings - Trial court is to resolve it - By considering parties’ evidence on the issue (H5) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

JURISDICTION - Judgments - Setting aside of - Power of court - Where judgment is a nullity - Superior Court of record have inherent jurisdiction - To set aside its own judgment or order - That is null by a fundamental defect (H3) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

JURISDICTION - Land matters - Pleadings - Location of land in dispute - Is no longer in controversy - Where defendant in his testimony - Agrees with plaintiffs’ definition of the location (H6) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

JURISDICTION - Objection to - Time to raise - Being a threshold issue - Objection to jurisdiction should be raised - At earliest opportunity at any stage - Sufficient facts are available (H3) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

JURISDICTION - Over actions - Not initiated by due process - Where an action is brought otherwise than by due process - Court lacks jurisdiction to entertain same - As it is not properly before it (H2) University of Ilorin v. Oluwadare (2006) 7 KLR (pt. 223) 2951; (2006) 14 NWLR (Pt. 1000) 751

 

JURISDICTION - Pleadings - Statement of defence - Ought to have been filed - Before challenging the court’s jurisdiction - State High Court has jurisdiction - In this simple contract matter (H2) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

JURISDICTION - Reliefs - Third Party Proceedings - Tukur case - Was wrongfully relied upon by lower court - On issue of principal and ancillary reliefs - In assigning jurisdiction to State High Court (H3) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

JURISDICTION - Shares - Company and Allied Matters Act - Matters arising therefrom - Fall within Federal High Court’s exclusive jurisdiction - And any State legislation on such matters - Is unconstitutional (H5) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

JURISDICTION - Sheriffs and Civil Process Act, s. 22(2) - Confers both original and appellate jurisdiction - On the Court of Appeal - In respect of matters stated therein (H1) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

JURISDICTION - Statutes - Construction of - Pre-Shipment Inspection of Imports Act s. 9(2) - As to jurisdiction of the Federal High Court - Was properly construed by the Court of Appeal (H1) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

JURISDICTION - Supreme Court - Original jurisdiction - S.232(1) 1999 Constitution - Claims or reliefs for individual persons - The Court has no original jurisdiction - To entertain them (H3) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

JURISDICTION - Transfer of case - State High Court - Can transfer a case from itself - To Federal High Court - Vide s. 22(3) Federal High Court Act (H5) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

JURISDICTION - Writ of summons - Substituted service of - Should not be ordered on defendant - Living outside jurisdiction when writ was issued - As defendant must be within jurisdiction - To be bound by writ so served (H1) Kida v. Ogunmola (2006) 6 KLR (pt. 220) 2137; (2006) 13 NWLR (Pt. 997) 377

 

JURISPRUDENCE - Courts - Justice - Remedy - Where court is faced with issue of pure justice - And abstract law - It should mete out justice - Understandable to the common man (H3) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

JURISPRUDENCE - Murder - Doubt - Contradictions in prosecution’s case - Will not be fatal - Unless they relate to fundamental and core issues (H4) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

JURISPRUDENCE - Supremacy of the Constitution - Implication of - Is that the Constitution is the beginning and the end - Not only of jurisprudence - But also of the entire legal system (H23) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

JUSTICE - Chieftaincy matters - Substitution of parties - Where original party is dead - Where judgment will affect rights of whole family - Application for substitution - Will be granted in the interest of justice (H1) Arowolo v. Akapo (2006) 7 KLR (pt. 223) 2793; (2006) 18 NWLR (Pt. 1010) 94

 

JUSTICE - Claims - Inelegant drafting of - Though Respondent’s claim is inelegantly drafted - He is entitled to the relief sought - As courts aim at doing substantial justice - Without undue adherence to technicalities (H4) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

JUSTICE - Courts - Hearing - Motions - Refusal of trial court to hear counsel move motion - Did not occasion miscarriage of justice - In the peculiar circumstances of this case - Where Supreme Court will come to same conclusion (H4) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

JUSTICE - Courts - Issues - Preliminary objection - Against appellant’s issue 2 - Is discountenanced for being misconceived - Courts now pursue doing substantial justice (H6) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

JUSTICE - Courts - Judicial review - Tribunals - As rules of natural justice - Are now to be observed by all bodies - It is no longer necessary - Differentiating between their nature - As all tribunals are to observe rules of natural justice - Be they judicial or executive bodies (H3) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

JUSTICE - Courts - Remedy - Where court is faced with issue of pure justice - And abstract law - It should mete out justice - Understandable to the common man (H3) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

JUSTICE - Fair hearing - Access to the courts - Is granted to every citizen vide s. 33(1) 1979 Constitution - And under the twin pillars - Of the common law concept of natural justice (H1) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

JUSTICE - Fairness - Appeals - Striking out - Interest on damages - Where a party cannot contest fairness of award of interest - Because his appeal was struck out - Supreme Court will still uphold justice - By not sustaining the award (H5) Afribank Plc. v. Akwara (2006) 1 KLR (pt. 208) 1; (2006) 5 NWLR (Pt. 974) 619

 

JUSTICE - Hearing notices - Fairness in natural justice - Fair hearing - Non-issuance of hearing notice - Where it amounts to breach of fair hearing - Will render proceedings null and void - And result in it being set aside (H3) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

JUSTICE - Judgments - Enforcement - Irregularity - Justice - Application to set aside wrongful sale - Where it ought to be by Writ of Summons - But was wrongly brought by motion - The defect is cured by the spirit of the Law & Rules - That enjoin execution of substantial justice (H4) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

JUSTICE - Miscarriage - Appeals - Grounds of appeal - Erroneous striking out of some grounds - By court of Appeal - Did not constitute miscarriage of justice - To warrant remitting the case to the lower court (H5) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

JUSTICE - Miscarriage - Charges - Amendment - Court’s mere irregularity vide incomplete recording - Did not affect appellant’s trial and conviction - And there is no apparent miscarriage of justice (H4) Oyakhire v. State (2006) 7 KLR (pt. 223) 2889; (2006) 15 NWLR (Pt. 1001) 157

 

JUSTICE - Miscarriage - Proceedings - Recording of - Court is not to record every little detail - But the relevant proceedings - That will ensure just determination of a case (H2) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

JUSTICE - Miscarriage of - Jurisdiction - Failed Banks Tribunal - Is empowered to try other offences not specified in the Decree - Miscarriage of justice was not occasioned - By appellant not being tried in the usual courts (H2) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

JUSTICE - Miscarriage of - Taxation - Appeals - Leave - Representative action - As there is a common interest - On the issue of 1st respondent’s vires - To reassess appellants’ taxation - A representative capacity would avail appellants (H8) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

JUSTICE - Miscarriage of justice - Definition - A finding that a different result would have been reached - Is not necessary - It is enough if justice according to law is not done (H4) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

JUSTICE - Violation - Appeals - Leave of court - Miscarriage of justice - Appeal from a final decision of trial court - Is as of right needing no leave - And justice is not violated - By lower court’s failure to determine this issue (H9) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

LAND LAW - Abuse of court’s process - Issues and nature of disputes - In the two actions - Support lower courts’ findings - Of no multiplicity or abuse of court’s process (H3) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

LAND LAW - Appeals - Evidence - Concurrent findings thereon - Where not challenged by any issue - Appellants are deemed to have accepted same - And are bound by those findings of facts (H1) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

LAND LAW - Boundary - Pleadings - Exhibit 7 is of no help to appellants - Since it did not state - That no boundary ever existed between the parties (H9) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

LAND LAW - Claim - Title - Boundary - Scope - To ascertain plaintiff’s claim - It is necessary to examine - Not only the writ and statement of claim - But also plans filed along - With the statement of claim (H2) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

LAND LAW - Compensation - Declaration of title - Need not be claimed - In order to succeed in a claim for compensation for land (H2) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

LAND LAW - Contract of sale - Specific performance - Basis for the grant - It may be refused - In case of severe hardship to defendant (H1) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

LAND LAW - Conveyance - Recitals - Authenticity of which was not challenged - Is conclusive proof of assertion therein (H4) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

LAND LAW - Doctrine of Lis pendens - Conditions for application - Object of suit - Must be to assert title - To a real property - And the suit must be pending - At time of sale of the property (H3) Enekwe v. Inter. Merchant Bank Ltd (2006) 12 KLR (pt. 226) 3645; (2006) 19 NWLR (Pt. 1013) 146

 

LAND LAW - Doctrine of priority - Competing claims of title - He who is first in time has the strongest right - After a party effectively divests himself of his right in a land - Any further exercise of that right by him is null and void (H5) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

LAND LAW - Evidence - Admissibility - Instrument - Where not stamped nor registered - Court of Appeal rightly expunged it from the record - In line with s. 16 Land Instrument Registration Law (H4) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

LAND LAW - Evidence - Evaluation - Rule in Kojo v. Bonsie - For the rule to apply - There must be evidence of traditional history - From both parties - Equally persuasive - Such that the Court cannot justifiably - Prefer one to the other (H2) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

LAND LAW - Evidence - Evaluation of - Is the trial court’s primary duty - Expunging wrongfully admitted evidence on appeal - Does not provided a ground - For reversal of the judgment in this case (H7) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

LAND LAW - Family property - Capacity to sue thereon - Any member of the family - Whose interest is threatened - Can sue to protect his interest - With or without consent - Of other members of the family (H4) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

LAND LAW - Instrument - Definition - Land Instrument Registration Law s. 2 - A document that purports to transfer interest in land - Is an instrument - No matter its form (H3) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

LAND LAW - Issues - Documents - Identity of land - Was not raised by court suo motu - And once identity is not established - Document of Sale - Will not be considered (H4) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

LAND LAW - Judgments - Appeals - Judgment of trial court - Was clearly perverse - For being contrary - To evidence on record - Particularly on the issue of identity of the land in dispute - As held by Court of Appeal (H3) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

LAND LAW - Land Use Act - Existing right - Grant of fresh right of occupancy - Over an existing interest - Is not tantamount to revocation of such interest (H8) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

LAND LAW - Land Use Act - Right of occupancy - Revocation of, by the Governor - Must be as provided in s. 28 of the Act - Or court will declare it invalid (H5) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

LAND LAW - Land Use Act - Title - Statutory right of occupancy - Where a party was holder of a State lease title - At the commencement of the Act - He shall continue to hold the land - As if he were holder of statutory right of occupancy under s.34 (H4) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

LAND LAW - Lis Pendens - Meaning - It is a caveat giving notice - That a particular property - Is the res of a lawsuit - Hence any interest acquired in it - Will be subject to the outcome of the suit (H2) Enekwe v. Inter. Merchant Bank Ltd (2006) 12 KLR (pt. 226) 3645; (2006) 19 NWLR (Pt. 1013) 146

 

LAND LAW - Location - Jurisdiction - Where issue of location of land in dispute - Is joined in the pleadings - Trial court is to resolve it - By considering parties’ evidence on the issue (H5) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

LAND LAW - Ownership and possession - Proof of - Trial court’s findings in appellants’ favour - Being supported by evidence - Cannot be faulted (H1) Echere v. Ezirike (2006) 5 KLR (pt. 217) 1659; (2006) 12 NWLR (Pt. 994) 386

 

LAND LAW - Pleadings - Jurisdiction - Location of land in dispute - Is no longer in controversy - Where defendant in his testimony - Agrees with plaintiffs’ definition of the location (H6) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

LAND LAW - Possession - Where the main issue is on who first settled on the land - Proof of the marriage - That produced his successors - Is not relevant (H1) Awoyoolu v. Aro (2006) 2 KLR (pt. 210) 409; (2006) 4 NWLR (Pt. 971) 481

 

LAND LAW - Priority of interests - Rival conveyances or competing interests - Will rank according to the order of their creation (H4) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

LAND LAW - Registration of Instruments - Purpose of - It is not concerned with validity of instruments - It is intended to protect other intending buyers - By putting them on notice (H8) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

LAND LAW - Res judicata - Evidence - Admissibility - Past judgment of court - Tendered in proof of res judicata - Not being a certified copy under ss.54, 111 & 112 EA - Is not admissible (H3) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

LAND LAW - Res judicata - Proof - Appeals - Reliance on past cases - All the ingredients must be present - For the plea to succeed - Where past judgments relied on are denied - Burden of tendering those judgments lies on defendants (H2) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

LAND LAW - Sale - Auction sales - Where requisite notice was not given - Purchaser for value without notice - Acquires good title under another applicable law (H3) Ibiyeye v. Fojule (2006) 2 KLR (pt. 212) 773; (2006) 3 NWLR (Pt. 968) 640

 

LAND LAW - Sale - Document - Ambiguity - Exhibit D that witnessed the sale by respondents to appellant - Was not correctly construed by lower court - And it is not ambiguous (H2) Fagbenro v. Arobadi (2006) 2 KLR (pt. 210) 491; (2006) 7 NWLR (Pt. 978) 172

 

LAND LAW - Sale - Evidence of - Where not controverted by the other side - It shows that the land in dispute - Was properly sold to appellant (H1) Fagbenro v. Arobadi (2006) 2 KLR (pt. 210) 491; (2006) 7 NWLR (Pt. 978) 172

 

LAND LAW - Sale - Judgments - Execution of - Sale of immovable property - Application to set aside - Except application is brought within 21 days - Sale is deemed absolute - And title effectively transferred (H1) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

LAND LAW - Sale - Mortgages - Conveyancing - Conflict of laws - Auction sale of land - That would have been invalid - Is validated by another law - In protection of a bona fide purchaser (H2) Ibiyeye v. Fojule (2006) 2 KLR (pt. 212) 773; (2006) 3 NWLR (Pt. 968) 640

 

LAND LAW - Specific performance - Damages - Where claimed in the alternative - Claim for specific performance is jettisoned (H2) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

LAND LAW - Statutes - Limitation Law - Scope of - It not only denies the right of action - But extinguishes title - At the expiration of twenty years for state - And twelve years for others (H4) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

LAND LAW - Subsequent grants - By the same vendor - Nemo dat quod non habet - Meaning of - Having once granted his entire interest in the land to another - A landlord is left with nothing that he may subsequently grant out (H6) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

LAND LAW - Succession - Consent judgment - Redevelopment of property - Agreement of the parties - As contained in a consent judgment - Cannot be altered by incorporating an agreement - Respondent was not a party to (H5) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

LAND LAW - Title - Admission against interest - Effect - Positive statement by D.W.2 called by appellants - That the land belongs to respondents - Weakened the evidence of appellants - And strengthened that of the respondents (H2) Onisaodu v. Elewuju (2006) 7 KLR (pt. 222) 2695; (2006) 13 NWLR (Pt. 998) 517

 

LAND LAW - Title - Auction sale of land - By court in levying execution of judgment - Is null and void - Where the land had been validly assigned - To the purchaser’s and court’s knowledge (H5) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

LAND LAW - Title - Bini customary law - That vests land in the Oba of Benin - Is not the issue - As making out a good title is what matters (H2) Amayo v. Erinmwingbovo (2006) 5 KLR (pt. 219) 1871; (2006) 11 NWLR (Pt. 992) 699

 

LAND LAW - Title - Burden of proof - On appellant to show how title was transferred to him - Was fully discharged vide uncontroverted evidence (H3) Fagbenro v. Arobadi (2006) 2 KLR (pt. 210) 491; (2006) 7 NWLR (Pt. 978) 172

 

LAND LAW - Title - Claim for declaration of - Plaintiff may prove title - By one or more of the five ways - Stated in Idundun v. Okumagba case (H1) Nwabuoku v. Onwordi (2006) 5 KLR (pt. 218) 1801

 

LAND LAW - Title - Claim to - Failure of plaintiff to prove his claim to title - And consequent dismissal of his claim by court - Does not automatically confer the title to defendant (H1) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

LAND LAW - Title - Customary tenancy - Injunction - It is wrong to issue an injunction restraining the landlords - From dealing with the disputed land - As they cannot be trespassers on their own land (H9) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

LAND LAW - Title - Duty of plaintiff - Plaintiff who claims declaration of title - Must prove title - To clearly defined area - To which the declaration can be attached (H1) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

LAND LAW - Title - Established practice - Proof that it was not followed - The burden is on the party - Taking contrary position - To lend evidence that established practice - Was not followed in a particular case (H7) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

LAND LAW - Title - Existing rights - Where a party acquires right of occupancy - In respect of a land already assigned to another - He has to take the property subject to the existing rights (H3) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

LAND LAW - Title - Family land - Allocation of plots - Burden of proof - Incidence of - Evidential burden shifted to appellants - And they failed to discharge that burden (H6) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

LAND LAW - Title - Findings of fact - Where found to be proper - Appellate court will approve them (H3) Awoyoolu v. Aro (2006) 2 KLR (pt. 210) 409; (2006) 4 NWLR (Pt. 971) 481

 

LAND LAW - Title - Hostile witnesses - Admissions - Where a defence witness testifies - That the land in dispute belongs to plaintiffs - And defendants did not treat him as a hostile witness - It is a fatal admission against defendants (H4) Onisaodu v. Elewuju (2006) 7 KLR (pt. 222) 2695; (2006) 13 NWLR (Pt. 998) 517

 

LAND LAW - Title - Identity of land - Mere stating the street and its number - Is not proof of identity - And visit to the locus in this case - Shows that identity was not proved (H3) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

LAND LAW - Title - Identity of land - Pleadings - Burden of proof - Failure of plaintiff - To establish identity of land claimed - Will occasion dismissal of the claim (H2) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

LAND LAW - Title - Interests that can be acquired - Are either legal or equitable - But under the Land Use Act - Maximum interest any person can hold - Is a right of occupation (H2) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

LAND LAW - Title - Judgments - Reversal - Evidence - Though Exhibit B was rightly expunged by lower court - Reversal of the judgment was wrong - As the judgment is sustained by other evidence on record (H5) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

LAND LAW - Title - Mode of acquisition - Duty of plaintiff - It is duty of plaintiff - To establish mode of acquisition of his title - In the course of proving that title (H5) Ajiboye v. Ishola (2006) 6 KLR (pt. 221) 2253; (2006) 13 NWLR (Pt. 998) 628

 

LAND LAW - Title - Pleadings - Variation - Where evidence is at variance with pleadings - Claim of ownership is not proved (H6) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

LAND LAW - Title - Possession - Documents - Mere production of documents of title - Without pleading and proving vendor’s root of title - Does not permit reliance on acts of possession (H7) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

LAND LAW - Title - Proof - Burden on plaintiff - To prove his case on its own strength - Not having been discharged - Weakness of the defence - Will not be considered (H5) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

LAND LAW - Title - Proof - Identity of land - Must be proved by claimant - With clear description and certainty (H1) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

LAND LAW - Title - Proof - Identity of land - Must be shown with certainty - That an Exhibit suggests uncertainty of boundaries - Will not stop the court - From determining the issue of boundary (H8) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

LAND LAW - Title - Proof - Onus of - burden of proving title is on plaintiff - And he must succeed on strength of his own case - Yet he may rely on evidence by defendant - Which lends support to his case (H3) Onisaodu v. Elewuju (2006) 7 KLR (pt. 222) 2695; (2006) 13 NWLR (Pt. 998) 517

 

LAND LAW - Title - Proof - Onus of - Claim for declaration of title - Though plaintiff must succeed on strength of own case - Plaintiff may support own case with any evidence by defence - Once such is admitted (H2) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

LAND LAW - Title - Proof of - May be by one or more of five methods - Including traditional evidence - Acts of ownership - And proof of possession of connected land (H2) Mbani v. Bosi (2006) 5 KLR (pt. 218) 1781; (2006) 11 NWLR (Pt. 991) 400

 

LAND LAW - Title - Proof of - There are several methods of proving title to land - These include documents of title and acts of possession - As relied on by the Respondent (H1) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

LAND LAW - Title - Proof of exclusive possession ss. 46 & 146 E A - Once plaintiff proves title by traditional history - Lawful and exclusive possession - Is presumed in his favour - And ss. 46 & 146 E A - Cannot operate against him (H5) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

LAND LAW - Title - Proof of ownership - Traditional history evidence - Where not contradicted - It can support a claim for declaration of title (H1) Amayo v. Erinmwingbovo (2006) 5 KLR (pt. 219) 1871; (2006) 11 NWLR (Pt. 992) 699

 

LAND LAW - Title - Traditional histories - It is not in every case of conflict therein - That the court resorts to recent acts - It first tests each history - Against other evidence adduced before it (H4) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

LAND LAW - Trespass - Admission - Where respondents admitted the year - They noticed encroachment on their land - It is not admission of possession - To favour the appellant (H2) Awoyoolu v. Aro (2006) 2 KLR (pt. 210) 409; (2006) 4 NWLR (Pt. 971) 481

 

LAND LAW - Trespass - Definition - Possession - Where sufficient acts of possession is proved - Claim in trespass will succeed (H3) Echere v. Ezirike (2006) 5 KLR (pt. 217) 1659; (2006) 12 NWLR (Pt. 994) 386

 

LAND LAW - Trespass - Evidence - Exclusive possession - Plaintiff must show a better title - Coupled with evidence - In order to succeed (H3) Amayo v. Erinmwingbovo (2006) 5 KLR (pt. 219) 1871; (2006) 11 NWLR (Pt. 992) 699

 

LAND USE ACT - Actions - Locus standi - Appeals - Invalid grant of right of occupancy - Failure of government - To continue in appeal proceedings - Does not remove locus standi of 1st respondent (H9) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

LAND USE ACT - Existing right - Grant of fresh right of occupancy - Over an existing interest - Is not tantamount to revocation of such interest (H8) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

LAND USE ACT - Right of occupancy - Notice of revocation - Where not adequate - Power of revocation - Was not exercised in compliance with the Act (H6) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

LAND USE ACT - Right of occupancy - Revocation - Validity - Overriding public interest - Where one is a deemed holder of right - When non development will not matter - Revocation in this case - Was invalid (H7) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

LAND USE ACT - Right of occupancy - Revocation of, by the Governor - Must be as provided in s. 28 of the Act - Or court will declare it invalid (H5) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

LAND USE ACT - Title - Existing rights - Where a party acquires right of occupancy - In respect of a land already assigned to another - He has to take the property subject to the existing rights (H3) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

LAND USE ACT - Title - Interests that can be acquired - Are either legal or equitable - But under the Land Use Act - Maximum interest any person can hold - Is a right of occupation (H2) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

LAND USE ACT - Title - Statutory right of occupancy - Where a party was holder of a State lease title - At the commencement of the Act - He shall continue to hold the land - As if he were holder of statutory right of occupancy under s.34 (H4) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

LANDLORD & TENANT - Lease agreement - Rule in Walsh v. Lonsdale - An intended lessee - Is treated as actual lessee - Only where the intended lessee is entitled to specific performance - This cannot be said of the instant case - In view of the finding by trial court (H3) Opara v. Dowel Schlumberger Ltd (2006) 7 KLR (pt. 224) 3141; (2006) 15 NWLR (Pt. 1002) 342

 

LANDLORD & TENANT - Leases - Validity - Requirements for - Every lease must be certain - As to the Property - The Parties and the Term - In order to be valid and enforceable - The oral agreement herein - Failed to satisfy these requirements (H3) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

LANDLORD & TENANT - Mesne profits - When appropriate - They become due to the Landlord - When tenant ceases to hold premises as tenant - To the time when actual possession is given up (H8) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

LANDLORD & TENANT - Nature of tenancy - Notice to quit - Surplus period of notice given by landlord - Or inadequate period accepted by tenant - Will not change the nature of tenancy - Or the legal requirement for its period of notice (H7) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

LANDLORD & TENANT - New tenancy - Creation of - Requirements - Being a bilateral affair - A new tenancy cannot be created - Unless and until both landlord and tenant are ad idem (H4) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

LANDLORD & TENANT - Stay of execution - Propriety of the grant - Where chances of success in the appeal - Are virtually nil - Stay will not be granted (H3) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

LANDLORD & TENANT - Stay of execution - Recovery of possession - What court would consider - Before granting a stay - Includes ensuring that a party - Does not obtain the very reliefs he lost (H4) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

LANDLORD & TENANT - Tenancy - Creation and conversion of - While a tenancy at will - Can be converted to a yearly tenancy and vice versa - In the instant case - It is the yearly tenancy that was converted - To tenancy at will (H6) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

LANDLORD & TENANT - Tenancy at will - Essence - It is of the essence of a tenancy at will - That both tenant and landlord - Can terminate the tenancy - When any of them likes (H1) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

LANDLORD & TENANT - Title - Customary tenancy - Injunction - It is wrong to issue an injunction restraining the landlords - From dealing with the disputed land - As they cannot be trespassers on their own land (H9) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

LEASES - Equity - Doctrines - Rule in Walsh v. Lonsdale - An intended lessee - Is treated as actual lessee - Only where the intended lessee is entitled to specific performance - This cannot be said of the instant case - In view of the finding by trial court (H3) Opara v. Dowel Schlumberger Ltd (2006) 7 KLR (pt. 224) 3141; (2006) 15 NWLR (Pt. 1002) 342

 

LEASES - Validity - Requirements for - Every lease must be certain - As to the Property - The Parties and the Term - In order to be valid and enforceable - The oral agreement herein - Failed to satisfy these requirements (H3) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

LEGAL DRAFTING - “Shall” - Where used in a Statute - Makes that provision mandatory (H5) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

LEGAL DRAFTING - Claims - Inelegant drafting of - Though Respondent’s claim is inelegantly drafted - He is entitled to the relief sought - As courts aim at doing substantial justice - Without undue adherence to technicalities (H4) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

LEGAL DRAFTING - Conveyance - Recitals - Authenticity of which was not challenged - Is conclusive proof of assertion therein (H4) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

LEGAL PRACTITIONERS - Advocates - Role in litigation process - Is to supply law and law only - Not facts - It is parties that supply facts - Court should reject fact emanating from counsel qua advocate (H4) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

LEGAL PRACTITIONERS - Appeals - Murder - Giving effect to the constitutional provision - Guaranteeing automatic right of appeal to Supreme Court - Is for court to appoint fresh counsel for appellant (H2) Odediran v. State (2006) 12 KLR (pt. 226) 3699; (2006) 18 NWLR (Pt. 1012) 671

 

LEGAL PRACTITIONERS - Attitude of counsel - Should see themselves as officers of the court - And refrain from taking double stands (H7) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

LEGAL PRACTITIONERS - Courts - Criminal prosecution - S.174(1)(b) 1999 Constitution - On the issue of criminal prosecution by any person - Before superior courts of record - Is presumed to mean any legal practitioner (H3) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

LEGAL PRACTITIONERS - Delay tactics - Advice to client - Should be given in the light of the applicable law - In a manner that will not mislead the novice client (H6) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

LEGAL PRACTITIONERS - Engagement of - Litigant is free to engage - And to disengage counsel of his choice - At any time (H3) Ogundimu v. Kasunmu & Ors. (2006) 6 KLR (pt. 220) 2155

 

LEGAL PRACTITIONERS - Evidence - Admissibility - Duty of counsel - Where inadmissible evidence is tendered - Even with consent of the opposite party - Courts cannot act on it - Where it is inadmissible by law (H1) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

LEGAL PRACTITIONERS - Good advocacy - Litigation - Meaning - Defence counsel - Needs to painstakingly defend the action - Avoiding trickish presentation of the case - Which is not part of good advocacy (H7) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

LEGAL PRACTITIONERS - Litigation - Meaning - Defence counsel - Needs to painstakingly defend the action - Avoiding trickish presentation of the case - Which is not part of good advocacy (H7) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

LEGAL PRACTITIONERS - Mistake of counsel - Noncompliance with procedural rules - Judicial attitude thereto - Whenever plaintiff establishes a wrong inflicted on him by defendant - Remedy should be granted - In spite of procedural defects - As parties should not be punished - For their counsel’s mistake (H5) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

LEGAL PRACTITIONERS - Negligence - Appeals - Extension of time - Within which to appeal - Application should normally be granted - Where delay was due to pardonable inadvertence of counsel as in this case - Court of Appeal was wrong to have refused it (H4) Ogundimu v. Kasunmu & Ors. (2006) 6 KLR (pt. 220) 2155

 

LEGAL PRACTITIONERS - Rules of Court - Inadvertent omission - Of a party’s counsel - Does not amount to special ground - Under O. 1 r. 20(3) Court of Appeal Rules (H2) Okoro v. Egbuoh (2006) 6 KLR (pt. 220) 2173; (2006) 15 NWLR (Pt. 1001) 1

 

LEGISLATION - Companies - Shares - Constitutional law - Where State Government has lost its status - Of majority shareholder in a company - Staff of and that company - Ceased to be part of that State’s public sector - And are out of reach of a Tribunal of Inquiry (H9) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

LEGISLATION - Companies - Shares - Legislative competence of a State - Where a State Law mandates a Tribunal of Inquiry - To carry out a function outside the Governor’s legislative competence - That law is ultra vires (H8) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

LEGISLATION - Constitutional Law - Covering the field - Doctrine of - Can only apply - Where National Assembly exercises its powers constitutionally (H17) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

LEGISLATION - Constitutional Law - Legislative lists - Concurrent list - Is no longer a free shopping centre - As under the 1999 Constitution - Legislative powers of both National Assembly and State Houses - Are set out therein (H6) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

LEGISLATION - Constitutional Law - National Assembly - Legislative Powers of - To create offences - Is incidental to power to legislate - On subject matter concerned (H18) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

LEGISLATION - Constitutional Law - National Assembly - Oversight functions of - Cannot be invoked - In respect of law making powers - Of State Houses of Assembly (H22) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

LEGISLATION - Courts - Jurisdiction - Power to transfer a matter - Under s. 22 of Federal High Court Act - Lagos State High Court cannot transfer matters to Federal High Court - Till State Assembly legislates on that subject (H1) Fasakin Foods Ltd. v. Shosanya (2006) 4 KLR (pt. 216) 1447; (2006) 10 NWLR (Pt. 987) 126

 

LEGISLATION - Language used - Where clear and unambiguous - Courts must give the words their ordinary meaning - And not interfere with the Legislature’s exclusive domain (H2) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

LEGISLATION - Law maker’s intention - Courts - Are to give the words used in a statute - Their ordinary meaning - And not to introduce extraneous matters - Where the provisions are clear (H1) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

LEGISLATION - Revocation - Where a subsequent legislation - Revokes an earlier one - Courts lack jurisdiction - To still rely on the revoked legislation - It is the Legislature’s function to make laws - Vide doctrine of separation of powers (H4) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

LOCUS IN QUO - Title - Identity of land - Mere stating the street and its number - Is not proof of identity - And visit to the locus in this case - Shows that identity was not proved (H3) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

LOCUS STANDI - Banking - Foreign exchange procurement - Where the Bank failed to procure the agreed foreign exchange - Plaintiff has the locus to sue (H3) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

LOCUS STANDI - Chieftaincy - Being prince of a chieftaincy house per se - Without having right to contest for the Chieftaincy office - Does not confer locus on a party (H7) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

LOCUS STANDI - Chieftaincy - Contesting for the Chieftaincy position per se - Does not grant locus - As it is the statement of claim - That donates locus standi (H6) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

LOCUS STANDI - Companies - Tribunal of Inquiry - Where set up to investigate matters - Affecting the shares of a limited liability company - Respondent companies have locus to sue - As the decision of the Tribunal may affect them (H1) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

LOCUS STANDI - Existence - Appeals - Invalid grant of right of occupancy - Failure of government - To continue in appeal proceedings - Does not remove locus standi of 1st respondent (H9) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

LOCUS STANDI - Family property - Capacity to sue thereon - Any member of the family - Whose interest is threatened - Can sue to protect his interest - With or without consent - Of other members of the family (H4) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

MASTER & SERVANT - Actions - Wrongful termination - Limitation period - Time starts to run - When all the facts - Needed to be proved - Have occurred (H1) Nigerian Ports Authority v. Ajobi (2006) 7 KLR (pt. 222) 2667; (2006) 13 NWLR (Pt. 998) 477

 

MASTER & SERVANT - Contracts - Breach - Contract of employment - Of appellant was never static - But subject to continued variation in its terms - Allegation of breach - Was therefore a misconception (H1) Mbachu v. Anambra-Imo River Basin (2006) 7 KLR (pt. 224) 3051; (2006) 14 NWLR (Pt. 1000) 691

 

MASTER & SERVANT - Contracts - Illegality - Ex-facie - Definition - Claim for outstanding salary - Is ex-facie legal and enforceable (H1) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

MASTER & SERVANT - Contracts - Sanctity of - Contract of service - Termination terms - Is as stated in clause 11 of Exhibit G - Which said terms were breached by the respondent (H1) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

MASTER & SERVANT - Immigration - Resident permit - Employment - Pleadings - Immigration Act s. 10(5) - Provided for deportation not nullification of employment contract (H5) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

MASTER & SERVANT - Pleadings - Immigration Act ss. 8(1) & 34 - Where a breach of the sections was not pleaded - Evidence given directly - Or extracted under cross examination - Would be inadmissable (H6) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

MASTER & SERVANT - Termination - That is in breach of contract - Will not usually attract specific performance - Or reinstatement - Save in special circumstances (H2) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

MASTER & SERVANT - Wrongful termination - Damages - Principles of assessment - Is to award salary in lieu of notice - Not servant’s entitlement till year of retirement (H4) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

MASTER & SERVANT - Wrongful termination - Though established in this case - No special circumstance such as statutory flavour exists - To warrant order of specific performance or reinstatement (H3) Ifeta v. Shell Petroleum (2006) 4 KLR (pt. 214) 1041; (2006) 8 NWLR (Pt. 983) 585

 

MEDICAL PRACTITIONERS - Negligence - A medical man should not be guilty of negligence - Merely because something went wrong - Save he falls short of usual skillful standard (H10) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

MEDICAL PRACTITIONERS - Negligence - Res ipsa loquitur - Burden of proof on plaintiff - Was not discharged - As defendants showed the event to be accidental - And not a breach of duty of care (H9) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

MEDICAL PRACTITIONERS - Negligence - Surgery - Quality of surgical needles used - Cannot be inferred to be substandard - From 1st respondent’s general statement (H6) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

MORTGAGES - Auction sales - Conveyancing - Conflict of laws - Auction sale of land - That would have been invalid - Is validated by another law - In protection of a bona fide purchaser (H2) Ibiyeye v. Fojule (2006) 2 KLR (pt. 212) 773; (2006) 3 NWLR (Pt. 968) 640

 

MOTIONS - Appeals - Application for extension of time - Within which to appeal - Or to apply for leave to appeal - Must set forth good and substantial reasons - For failure to appeal or to apply for leave within time (H1) Adelekan v. ECU-Line NV (2006) 5 KLR (pt. 218) 1713; (2006) 12 NWLR (Pt. 993) 33

 

MOTIONS - Appeals - Extension of time - Within which to appeal - Application for - Must justify failure to appeal within time - And show good cause why appeal should be heard (H1) Ogundimu v. Kasunmu & Ors. (2006) 6 KLR (pt. 220) 2155

 

MOTIONS - Appeals - Extension of time - Within which to appeal - Length of time of delay is immaterial - In an application for extension of time - What matters is reason for the delay (H2) Ogundimu v. Kasunmu & Ors. (2006) 6 KLR (pt. 220) 2155

 

MOTIONS - Appeals - Extension of time - Within which to appeal - Application should normally be granted - Where delay was due to pardonable inadvertence of counsel as in this case - Court of Appeal was wrong to have refused it (H4) Ogundimu v. Kasunmu & Ors. (2006) 6 KLR (pt. 220) 2155

 

MOTIONS - Consideration of - Judicial precedents - Distinguishing - Onyekwuluje case facts - On the need for court to hear - And pronounce on any process before it - Are not same with present case - As trial court in its judgment - Eventually ruled on the motion in issue (H3) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

MOTIONS - Demurrer - Application in lieu of A defendant relying on point of law - To raise preliminary issue - Is to set out that point of law - In a statement of defence - For the issue to be properly raised (H1) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

MOTIONS - Fair hearing - Adjournment - Where applicant has finished moving his motion - Grant of application for adjournment to respondent - At that stage on a flimsy reason - Will not be proper (H3) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

MOTIONS - Hearing - Refusal of trial court to hear counsel move motion - Did not occasion miscarriage of justice - In the peculiar circumstances of this case - Where Supreme Court will come to same conclusion (H4) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

MOTIONS - Hearing of - Motion to arrest judgment - Onyekwuluje case - Decided that a court must hear a motion - Or any process before it - Even if improperly filed (H2) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

MOTIONS - Interlocutory injunction - Object of - Where the acts had been completed - Court of Appeal rightly set aside the order (H1) Ideozu v. Ochoma (2006) 2 KLR (pt. 210) 517; (2006) 4 NWLR (Pt. 970) 364

 

MOTIONS - Judgments - Enforcement - Irregularity - Justice - Application to set aside wrongful sale - Where it ought to be by Writ of Summons - But was wrongly brought by motion - The defect is cured by the spirit of the Law & Rules - That enjoin execution of substantial justice (H4) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

MOTIONS - Proof - Affidavits - Failure to file counter affidavit - Will not make an application successful - Where the deemed admitted averments - Do not support applicant’s case (H1) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

MOTIONS - Stay of execution - Recovery of possession - What court would consider - Before granting a stay - Includes ensuring that a party - Does not obtain the very reliefs he lost (H4) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

MOTIONS - Trial Court’s earlier decision - Operated as an estoppel to bar appellants - From making another later similar application (H2) Shell Petroleum v. X.M. Federal Ltd (2006) 7 KLR (pt. 224) 3171; (2006) 16 NWLR (Pt. 1004) 189

 

MOTIONS - Undefended suits - Intention to defend - Where trial Judge did not hear the parties - Before granting leave to defend - He jumped the gun (H2) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

MOTIONS -Application for striking out - Necessary steps - Where application requires resolution of certain facts - Statement of defence should first be filed - To avail court of all material facts - To aid its decision (H4) Disu v. Ajilowura (2006) 7 KLR (pt. 223) 2805; (2006) 14 NWLR (Pt. 1000) 783

 

MURDER - Alibi - Defence of - Time element - Effect of failure to investigate the plea - Superior evidence crumbles the defence (H9) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

MURDER - Appeals - Giving effect to the constitutional provision - Guaranteeing automatic right of appeal to Supreme Court - Is for court to appoint fresh counsel for appellant (H2) Odediran v. State (2006) 12 KLR (pt. 226) 3699; (2006) 18 NWLR (Pt. 1012) 671

 

MURDER - Appeals - Right of appeal to the Supreme Court - Is automatically guaranteed (H1) Odediran v. State (2006) 12 KLR (pt. 226) 3699; (2006) 18 NWLR (Pt. 1012) 671

 

MURDER - Circumstantial evidence - May secure a conviction for murder - But the evidence must unequivocally point to one direction only - That the accused killed the deceased (H5) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

MURDER - Common intention - Was wrongly inferred by lower courts - As there was no evidence in support - Need for court to be cautious (H6) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

MURDER - Corroboration - Meaning of - It does not mean using the exact words - Unsworn evidence of PW1 in this case - Is properly corroborated (H7) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

MURDER - Cross examination - Source of information - Where defence elicited proof of ritual murder vide cross examination - Police witness is not bound - To give source of his information s. 166 EA (H4) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

MURDER - Defence - Resting case of defence - On that of prosecution - Implication of - Is that accused accepts evidence given by prosecution as truth (H6) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

MURDER - Defences - Feasibility of - Story of appellant that was not feasible - And his failure to call a witness - Made plea of self defence baseless (H4) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

MURDER - Intention - Findings of fact - And the judgment of Court of Appeal - As cause of death was not proved - To be traceable to appellant’s act - And it was found as fact - That he had no intention to kill - Conviction for manslaughter is not supportable (H1) Apugo v. State (2006) 7 KLR (pt. 224) 3021; (2006) 15 NWLR (Pt. 1002) 227

 

MURDER - Joint participation - Where established - What each accused did in furtherance of the crime - Is immaterial (H5) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

MURDER - Proof - Alibi - Evidential burden on accused - Where prosecution discharged its burden of proof - The defence of alibi is a mere farce (H10) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

MURDER - Proof - Cause of death - Where not established by the medical evidence - Or any other evidence - The charge is not proved (H3) Adava v. State (2006) 2 KLR (pt. 212) 727; (2006) 9 NWLR (Pt. 984) 152

 

MURDER - Proof - Circumstantial evidence - Self defence - Inconsistency in appellant’s testimony - Goes to establish the charge against him (H5) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

MURDER - Proof - Circumstantial evidence - Where conclusive - And deceased was last seen with appellant - Guilt is proved - Though there be no eye witness account (H3) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

MURDER - Proof - Consistent evidence - Accepted by trial court and confirmed by Court of Appeal - As to 1st appellant’s guilt - Will not be disturbed (H4) Nwankwoala v. State (2006) 7 KLR (pt. 224) 3073; (2006) 14 NWLR (Pt. 1000) 663

 

MURDER - Proof - Contradictions in prosecution’s evidence - Where a mere inaccuracy in narration - The Conviction will not be disturbed (H2) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

MURDER - Proof - Identification of the corpse - Where the identification is valid - The murder is proved beyond reasonable doubt (H1) Igabele v. State (2006) 2 KLR (pt. 211) 635; (2006) 6 NWLR (Pt. 975) 100

 

MURDER - Proof - Ingredients of the offence - That must be proved by the prosecution - Includes that death of the deceased - Was caused by the accused (H2) Adava v. State (2006) 2 KLR (pt. 212) 727; (2006) 9 NWLR (Pt. 984) 152

 

MURDER - Proof - May be direct or circumstantial - Such circumstantial evidence leading only to one conclusion - Guilt of the accused (H4) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

MURDER - Proof - What prosecution must prove - Is death of deceased - Caused by accused person’s intentional or dangerous act or omission (H3) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

MURDER - Proof - Witnesses - That prosecution did not call a particular witness - Did not leave any vacuum - As case was proved beyond reasonable doubt (H3) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

MURDER - Witnesses - Contradictions - Alleged in respect of point of entry of the bullet - Does not exist (H3) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

MURDER - Witnesses - Expert opinion - Cross examination - Ballistician need not be called by the prosecution - As there was no cross examination of the witnesses (H4) Agbo v. State (2006) 1 KLR (pt. 209) 215; (2006) 6 NWLR (Pt. 977) 545

 

NEGLIGENCE - Actions - Jurisdiction - Negligence and breach of contract claim - Having nothing to do with marine navigation - Nor monetary policy of the government - State High Court has jurisdiction (H1) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

NEGLIGENCE - Expert witness - Medical matter - Allegation of negligence against respondents - Who gave expert evidence - Made it mandatory for appellant to have called expert witness (H5) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

NEGLIGENCE - Medical practitioners - A medical man should not be guilty of negligence - Merely because something went wrong - Save he falls short of usual skillful standard (H10) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

NEGLIGENCE - Res ipsa loquitur - Medical matter - Rebuttal of the presumption - Was clearly done by the respondents - In the absence of expert evidence from the appellant (H8) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

OATHS - Absence of - Witnesses - Competence - Judicial precedents - Obtaining the evidence of a child in criminal cases - Steps the court should take under ss. 154 & 182 Evidence Act (H2) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

ORDERS OF COURT - Appeals - Consequential orders - Failure to pronounce - On all material issues - Effect - Where it results in miscarriage of justice - Consequential order should be one for retrial - But where issues not considered - Affected a cross-appeal - They should be resolved by appellate court (H7) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

ORDERS OF COURT - Appeals - Discretionary order by trial court - Was wrongfully interfered with by Court of Appeal - Without first holding that reasoning of trial court - Was unsustainable (H4) Banna v. Telepower Ltd (2006) 7 KLR (pt. 222) 2621; (2006) 15 NWLR (Pt. 1001) 198

 

ORDERS OF COURT - Enrolment of order - Actual ruling of court - Supersedes its enrolment of order - Where enrolment fails to reflect the entire decision (H4) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

ORDERS OF COURT - Obedience to - Parties have obligation - To obey subsisting orders of court - Unless and until it is set aside (H5) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

ORDERS OF COURT - Propriety of - Murder - Where cause of death - Is not traced to act of accused - In a charge of murder - Proper order to make - Is for discharge and acquittal (H2) Apugo v. State (2006) 7 KLR (pt. 224) 3021; (2006) 15 NWLR (Pt. 1002) 227

 

ORDERS OF COURT - Retrial order - Is made where trial court fails to make findings - On issues for adjudication - And evidence on record is such that appellate court cannot make such findings on it - Not where plaintiff failed to prove his case (H6) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

ORIGINATING SUMMONS - Commencement of suits - By Originating Summons - Are as stated under the High Court Rules - Questions in this suit - Do not fall within the provision of the Rules (H1) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

ORIGINATING SUMMONS - Disputed facts - Nature of the claims - And facts deposed in the supporting affidavit - Are what may disclose disputed facts - Even in the absence of counter affidavit (H3) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

ORIGINATING SUMMONS - Propriety of - Can be used only in resolving questions of law - Or construction of instruments and interpretation of documents - But not in a hostile property dispute case (H2) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

PARTIES - Absence of - Rivers State High Court Rules - O. 37 r. 8 - Gives trial court authority to dismiss suit - Where plaintiff is absent and defendant present - On date of hearing (H1) Banna v. Telepower Ltd (2006) 7 KLR (pt. 222) 2621; (2006) 15 NWLR (Pt. 1001) 198

 

PARTIES - Actions - Bracket - Definition - Entity sued - Words that appear in bracket - Was for purpose of qualifying that entity - And not meant to be another party (H2) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

PARTIES - Actions - Competence of persons - To file actions - Competency of persons to sue - Is a jurisdictional issue - As such it can be raised at any time - Even before the Supreme Court (H2) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

PARTIES - Actions - Mistake - Identity of party being sued - Where a defendant was wrongfully stated - To be owner of a vessel - It will amount to a mistake as to identity (H1) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

PARTIES - Actions - Multiplicity - Abuse of court’s process - Same parties and issues should exist - In the two suits - As mere fact of same subject matter - Will not sustain a preliminary objection (H2) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

PARTIES - Actions - Parties’ name - Supreme Court Act s.20 - Where action is filed in the name of a State - Or its House of Assembly - It is a procedural irregularity - That can be waived (H5) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

PARTIES - Actions - Representative capacity - Essential requirements for - As listed in Olatunji case - Which include requirement of same interest of those represented - Were not satisfied in this action (H2) Ofia v. Ejem (2006) 5 KLR (pt. 217) 1697; (2006) 11 NWLR (Pt. 992) 652

 

PARTIES - Actions - Writ of summons - Misnomer - Suit against a party in a wrong name - Adding a different party - After expiration of limitation period - Is not a misnomer as in this case (H3) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

PARTIES - Agreements - Binding effect of - Having agreed to joint valuation - Of newly discovered assets - Unilateral valuation is invalid - As parties are bound by their agreement (H9) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

PARTIES - Agreements - Terms - Subsequent variation of - Written agreement - May be subsequently varied by oral agreement - But such oral agreement - Must be proved in details - By party relying thereon (H2) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

PARTIES - Appeals - Appellate Court - Approach to findings of fact by trial court - Presumes the findings to be right - Placing onus on the party challenging them to show otherwise (H1) Onu v. Idu (2006) 6 KLR (pt. 220) 2195; (2006) 12 NWLR (Pt. 995) 657

 

PARTIES - Appeals - Decision - That is not appealed against - Is binding on the appellants - And the parties in general (H1) Shell Petroleum v. X.M. Federal Ltd (2006) 7 KLR (pt. 224) 3171; (2006) 16 NWLR (Pt. 1004) 189

 

PARTIES - Appeals - Grounds of appeal - Competence of - Overriding consideration - Its essence being to appraise opposite party - Of nature of complaint - What matters most is clarity - Of grounds of appeal (H1) Arewa Paper Converters Ltd v. N.I.D.C. Ltd (2006) 7 KLR (pt. 223) 2741; (2006) 15 NWLR (Pt. 1002) 404

 

PARTIES - Appeals - Issues - Basis of judgment - Appealed against - Parties are obliged - To restrict their complaints - To the basis of judgment appealed against - Which in this case is the issue of jurisdiction (H1) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

PARTIES - Appeals - Issues for determination - Binding effect - Parties are bound by issues - Formulated in the brief - And cannot advance argument outside those issues - Without leave of court (H3) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

PARTIES - Appearances - Claims - Proof of - Parties need not appear in person to give evidence on own behalf - Provided they could otherwise present their case (H12) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

PARTIES - Arguable point - Purport - To say a point is arguable - Does not show ones stand on the point - The stand can only be seen - From the final order - Made on the point (H5) Enekwe v. Inter. Merchant Bank Ltd (2006) 12 KLR (pt. 226) 3645; (2006) 19 NWLR (Pt. 1013) 146

 

PARTIES - Burden - Criminal procedure - Evidence of a child - Prior investigation by trial court - Burden on party who alleges that there was no investigation - Was not discharged by appellant (H4) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

PARTIES - Chieftaincy - Locus standi - Being prince of a chieftaincy house per se - Without having right to contest for the Chieftaincy office - Does not confer locus on a party (H7) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

PARTIES - Conduct - Appeals - Leave - Where lower court lacked jurisdiction - Over some grounds of appeal filed without leave - The other party’s conduct in not objecting - Cannot legally confer jurisdiction (H10) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

PARTIES - Contracts - Documents - Interpretation of - It is not the duty of court - To make contracts for parties - By reading into it terms - On which there is no agreement (H1) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

PARTIES - Contracts - Documents of - Rights of parties should be determined - In accordance with the terms of their contract - Which in this case - Is according to Exhibit 29 (H4) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

PARTIES - Contracts - Formation of - Through correspondence - It must be apparent that parties have come to an agreement - When the correspondence are read together (H2) Zakhem Con. (Nig) Ltd v. Nneji (2006) 5 KLR (pt. 219) 2011; (2006) 12 NWLR (Pt. 994) 297

 

PARTIES - Contracts - Terms - Construction - Duty of Court - Courts interpret agreement - Strictly in its legal content - To give effect to its legal meaning - It is immaterial that the parties were mutually mistaken - As to the legal meaning (H5) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

PARTIES - Counsel - Delay tactics - Advice to client - Should be given in the light of the applicable law - In a manner that will not mislead the novice client (H6) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

PARTIES - Counsel - Rules of Court - Inadvertent omission - Of a party’s counsel - Does not amount to special ground - Under O. 1 r. 20(3) Court of Appeal Rules (H2) Okoro v. Egbuoh (2006) 6 KLR (pt. 220) 2173; (2006) 15 NWLR (Pt. 1001) 1

 

PARTIES - Courts - Issues - Duty - Court adjudicates legal interests of parties - Not mere academic questions - No matter how beneficial such questions may be to the public (H5) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

PARTIES - Estoppel - Application - Preconditions for - Earlier decision must be final - Must be on same question - And between same parties - Instant case does not satisfy these conditions (H3) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

PARTIES - Estoppel - Effect of - Once an issue is determined - In an earlier action - By a court of competent jurisdiction - Neither party can re-litigate on it - Personally or by privy ((H2) Anwoyi v. Shodeke (2006) 6 KLR (pt. 221) 2281; (2006) 13 NWLR (Pt. 996) 34

 

PARTIES - Evidence - Burden of proof - Incidence of - Burden of proving particular facts - Falls on the party asserting those facts (H8) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

PARTIES - Evidence - Burden of proof - Plaintiff need not always be first to give evidence - Incidence of burden depends on state of pleadings (H4) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

PARTIES - Evidence - Hearsay - Where a party herself testified - About a witness’s participation in her treatment - That witness’s evidence in the matter cannot be hearsay (H2) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

PARTIES - Fair hearing - Breach of - Burden of proof - Is on the party who alleges breach - Facts and circumstances of each case - Should be considered (H2) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

PARTIES - Fair hearing - Breach of - Where a party is given ample opportunity - And conducive atmosphere to present his case - But he fails to utilize them - His right to fair hearing is not breached (H4) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

PARTIES - Fair hearing - Denial - Where court creates environment - For fair hearing of a case for both parties - A party that fails to utilize the fair process - Cannot accuse the court (H5) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

PARTIES - Fair Hearing - Scope of - It is for protection of all parties - Not just one party - And its provisions should be interpreted - So as to do justice between the parties to a dispute (H3) Banna v. Telepower Ltd (2006) 7 KLR (pt. 222) 2621; (2006) 15 NWLR (Pt. 1001) 198

 

PARTIES - Issues - As formulated by parties - Binding effect on court - Court is not bound - To take the issues as such - But has a duty to examine the facts - And take issues - That will resolve the matter (H1) Enekwe v. Inter. Merchant Bank Ltd (2006) 12 KLR (pt. 226) 3645; (2006) 19 NWLR (Pt. 1013) 146

 

PARTIES - Issues - Raised by parties - Courts are not bound - To answer any question raised by litigants - Unless the point is necessary and material - For resolution of the case before it - As courts do not engage in academic exercise (H2) Umanah v. Attah (2006) 9 KLR (pt. 225) 3393; (2006) 17 NWLR (Pt. 1009) 503

 

PARTIES - Land law - Title - Duty of plaintiff - Plaintiff who claims declaration of title - Must prove title - To clearly defined area - To which the declaration can be attached (H1) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

PARTIES - Orders of court - Obedience to - Parties have obligation - To obey subsisting orders of court - Unless and until it is set aside (H5) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

PARTIES - Pleadings - Averment in a party’s pleadings - Where it amounts to admission by that party - No further proof is needed (H5) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

PARTIES - Pleadings - Evidence - On facts not pleaded - Go to no issue - As parties are bound by their pleadings (H3) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

PARTIES - Pleadings - Issues - Facts - On which parties agree in their pleadings - Where not in dispute - Court should accept them as proved - Without further evidence (H3) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

PARTIES - Pleadings - Purpose of - Main aim is to notify parties - Of the case against them - It is only incidental that pleadings make for economy (H2) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

PARTIES - Reliefs - Granting of - Court is confined to the reliefs of the plaintiff - Defendant can only seek reliefs - Where he counter claims (H25) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

PARTIES - Res judicata - Effect - It precludes a party - From disputing against the other party - In a subsequent suit - The same issues previously decided between them (HI) Ajiboye v. Ishola (2006) 6 KLR (pt. 221) 2253; (2006) 13 NWLR (Pt. 998) 628

 

PARTIES - Status - Actions - Bank - Definition of - A financial institution - Can never be a Bank (H1) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

PARTIES - Statutes - Compliance - Clear provision - That a particular act be performed - A party’s failure to perform that act - Will work against him (H3) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

PARTIES - Substitution of parties - Where original party is dead - Where judgment will affect rights of whole family - Application for substitution - Will be granted in the interest of justice (H1) Arowolo v. Akapo (2006) 7 KLR (pt. 223) 2793; (2006) 18 NWLR (Pt. 1010) 94

 

PARTIES - Supreme Court - Actions - Abuse of court process - Where the parties are different - And the reliefs are not the same - The action is not an abuse of Court process (H4) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

PLEADINGS - Absence of - Title - Mere production of documents of title - Without pleading and proving vendor’s root of title - Does not permit reliance on acts of possession (H7) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

PLEADINGS - Admission - Averment in a party’s pleadings - Where it amounts to admission by that party - No further proof is needed (H5) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

PLEADINGS - Averments - Evidence - Proof - Evidence of plaintiff - Must bring out facts as averred - In statement of claim - Else court will hold he failed to prove his case (H2) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

PLEADINGS - Binding effect of - Facts not pleaded - Evidence on facts not pleaded - Go to no issue and should be discountenanced - Court of Appeal was therefore wrong - To have relied on evidence of facts not pleaded (H1) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

PLEADINGS - Chieftaincy - Locus standi - Contesting for the Chieftaincy position per se - Does not grant locus - As it is the statement of claim - That donates locus standi (H6) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

PLEADINGS - Claim - Basis of - It is evident - On the pleadings - That this action is not based on contract - But on the legal effects - Of creation of states (H2) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

PLEADINGS - Contracts - Illegality of - Where not ex facie illegal - Must be pleaded - With sufficient details as to make the illegality obvious (H1) M. O. Kanu, Sons & Co. Ltd v. First Bank Plc. (2006) 5 KLR (pt. 219) 1947

 

PLEADINGS - Courts - Awards that were not pleaded - Or asked for - Should not be made by the court (H2) Standard Eng. Ltd v. NBCI (2006) 3 KLR (pt. 213) 965; (2006) 7 NWLR (Pt. 978) 198

 

PLEADINGS - Damages - Special damages - How pleaded and proved - Plaintiff has obligation to plead and particularize any item of damages - Such that precise calculation is possible - Plaintiffs here failed so to do (H4) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

PLEADINGS - Demurrer - Application in lieu of A defendant relying on point of law - To raise preliminary issue - Is to set out that point of law - In a statement of defence - For the issue to be properly raised (H1) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

PLEADINGS - Evidence - Adduced contrary to pleadings - Must be expunged when considering case (H1) Mbani v. Bosi (2006) 5 KLR (pt. 218) 1781; (2006) 11 NWLR (Pt. 991) 400

 

PLEADINGS - Evidence - Admissibility - Fact not pleaded by defendant - But was pleaded by plaintiff - Can be controverted - By lawfully admissible documents - Tendered by defendant (H4) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

PLEADINGS - Evidence - Burden of proof - Plaintiff need not always be first to give evidence - Incidence of burden depends on state of pleadings (H4) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

PLEADINGS - Evidence - Damages - Where no evidence is led - In support of the averments - They will be deemed as abandoned - As pleadings per se cannot constitute evidence (H4) Help Ltd v. Silver Anchor Ltd (2006) 2 KLR (pt. 212) 749; (2006) 5 NWLR (Pt. 972) 196

 

PLEADINGS - Evidence - Jurisdiction - Location of land in dispute - Is no longer in controversy - Where defendant in his testimony - Agrees with plaintiffs’ definition of the location (H6) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

PLEADINGS - Evidence - On facts not pleaded - Go to no issue - As parties are bound by their pleadings (H3) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

PLEADINGS - Illegality - Contracts - Where not ex-facie illegal - Party that raises defence of illegality - Must plead it and set out the particulars (H3) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

PLEADINGS - Immigration - Employment - Foreign currency - Averment that salary of expatriates in foreign currency is forbidden - That had no evidence in its support - Is deemed abandoned (H4) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

PLEADINGS - Issues - Appeals - Where an issue was not raised in the parties’ pleadings - Lower court rightly refused to consider it (H8) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

PLEADINGS - Issues - Facts - On which parties agree in their pleadings - Where not in dispute - Court should accept them as proved - Without further evidence (H3) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

PLEADINGS - Issues - Land matters - Location - Jurisdiction - Where issue of location of land in dispute - Is joined in the pleadings - Trial court is to resolve it - By considering parties’ evidence on the issue (H5) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

PLEADINGS - Issues - Where defendant joins issues with plaintiff - Statement of claim must be ventilated in court - By adducing evidence - Without which the statement of claim is moribund and useless (H1) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

PLEADINGS - Jurisdiction - Statement of defence - Ought to have been filed - Before challenging the court’s jurisdiction - State High Court has jurisdiction - In this simple contract matter (H2) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

PLEADINGS - Lumping of claims - Special damages - Not having been pleaded and proved - And being lumped with general damages - In appellant’s claim - Court below was right - To have set aside judgment of trial court awarding both damages (H5) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

PLEADINGS - Proof - Onus of - Admission by defendants - That Obunge had been king - Shifted to them the onus to show that he was not the rightful king (H1) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

PLEADINGS - Purpose of - Main aim is to notify parties - Of the case against them - It is only incidental that pleadings make for economy (H2) Bunge v. Governor of Rivers State (2006) 6 KLR (pt. 220) 2077; (2006) 12 NWLR (Pt. 995) 573

 

PLEADINGS - Statement of claim - Averment in - Must be proved by evidence during trial - As such averment does not amount to evidence without more (H3) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

PLEADINGS - Title - Boundary - Exhibit 7 is of no help to appellants - Since it did not state - That no boundary ever existed between the parties (H9) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

PLEADINGS - Title - Identity of land - Burden of proof - Failure of plaintiff - To establish identity of land claimed - Will occasion dismissal of the claim (H2) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

PLEADINGS - Title - Proof - Burden on plaintiff - To prove his case on its own strength - Not having been discharged - Weakness of the defence - Will not be considered (H5) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

PLEADINGS - Title - Proof - Identity of land - Mere stating the street and its number - Is not proof of identity - And visit to the locus in this case - Shows that identity was not proved (H3) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

PLEADINGS - Variation - Title - Where evidence is at variance with pleadings - Claim of ownership is not proved (H6) Otanma v. Youdubagha (2006) 1 KLR (pt. 209) 369; (2006) 2 NWLR (Pt. 964) 337

 

POLICE - Courts - Prosecuting criminal suit before Federal High Court - Can be done by the Police - Or any other authority - Subject to A-G’s power - To take over or discontinue the prosecution (H4) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

POLICE - Criminal prosecution - Federal High Court - Police Act s. 23 - Power to prosecute criminal cases - Without A-G’s fiat - Can be exercised by the Police - Vide s. 174(1) 1999 Constitution (H7) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

PRACTICE & PROCEDURE - Actions - Cause of action - Unlawful expulsion - Commencement of action - Such action is to be commenced - By a writ of summons - Under applicable Rules of Court (H3) University of Ilorin v. Oluwadare (2006) 7 KLR (pt. 223) 2951; (2006) 14 NWLR (Pt. 1000) 751

 

PRACTICE & PROCEDURE - Actions - Competence - Commencement - Common law claims - Where initiated vide Fundamental Rights Procedure - It is a fundamental breach - That makes the claims incompetent (H3) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

PRACTICE & PROCEDURE - Actions - Competence - Jurisdiction - Reliefs claimed - Sole reference to its nature - Is what determines jurisdiction - And competence of the action (H1) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

PRACTICE & PROCEDURE - Actions - Limitation - Period of - Determination - It is determined by comparing - The date cause of action arose - With the date on which the Writ was filed - To know if period in between - Exceeded that allowed (H6) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

PRACTICE & PROCEDURE - Actions - Limitation of actions - Detinue claim - In respect of property being wrongfully detained - May not be deemed limited - Until Statement of Claim is filed (H4) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

PRACTICE & PROCEDURE - Actions - Locus standi - Challenge to - Although in determining locus - A perusal of Statement of claim will suffice - Once the locus is being challenged by opposing party - A Statement of Defence is very necessary (H1) Disu v. Ajilowura (2006) 7 KLR (pt. 223) 2805; (2006) 14 NWLR (Pt. 1000) 783

 

PRACTICE & PROCEDURE - Actions - Objection - Multiplicity - Abuse of court’s process - Same parties and issues should exist - In the two suits - As mere fact of same subject matter - Will not sustain a preliminary objection (H2) Ogoejeofo v. Ogoejeofo (2006) 1 KLR (pt. 208) 91; (2006) 3 NWLR (Pt. 966) 205

 

PRACTICE & PROCEDURE - Actions - Parties - Mistake - Identity of party being sued - Where a defendant was wrongfully stated - To be owner of a vessel - It will amount to a mistake as to identity (H1) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

PRACTICE & PROCEDURE - Actions - Writ of summons - Misnomer - Suit against a party in a wrong name - Adding a different party - After expiration of limitation period - Is not a misnomer as in this case (H3) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

PRACTICE & PROCEDURE - Appeals - Competence - Leave - Appellate jurisdiction of High Court - In Taxation matters from the decision of Tax Authority - Is not destroyed because the appeal before the High Court - Is pursuant to the High Court Rules - As provided by the relevant statute (H4) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

PRACTICE & PROCEDURE - Appeals - Competence of - Preliminary objection to - Where raised in brief - But not moved at hearing - Preliminary Objection to appeal - Is deemed abandoned (H2) A-G Rivers State v. Ude (2006) 7 KLR (pt. 223) 2713; (2006) 17 NWLR (Pt. 1008) 436

 

PRACTICE & PROCEDURE - Appeals - Issues - Concurrent findings - Tribunal of Inquiry - Question of whether it is a quasi-judicial body - Is one of fact - That was concurrently determined by the two lower courts - And no cause was shown to warrant a departure - From the concurrent findings (H2) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

PRACTICE & PROCEDURE - Appeals - Issues - Failure to pronounce - On all material issues - Effect - Where it results in miscarriage of justice - Consequential order should be one for retrial - But where issues not considered - Affected a cross-appeal - They should be resolved by appellate court (H7) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

PRACTICE & PROCEDURE - Appeals - Issues - Resolution of - Where an issue arose from a proceeding - That has been set aside - Resolving it becomes unnecessary (H6) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

PRACTICE & PROCEDURE - Appeals - Issues for determination - Number of - As a matter of procedure - Issues should not outnumber grounds of appeal - Being themselves framed - From one or more grounds of appeal (H1) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

PRACTICE & PROCEDURE - Appeals - Jurisdiction - Current problem - That is yet to be resolved - Is what Supreme Court has jurisdiction to determine - Appeal that has become spent - Ought to be withdrawn - Or struck out (H2) Olori Motors Ltd v. Union Bank (2006) 4 KLR (pt. 223) 2889; (2006) 10 NWLR (Pt. 989) 586

 

PRACTICE & PROCEDURE - Appeals - Leave - Issue of law and jurisdiction - Though can be raised at any stage - It is not a free for all exercise - As some principles should be complied with (H9) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

PRACTICE & PROCEDURE - Appeals - O.6 r.10 Court of Appeal Rules - Hearing an appeal without respondent’s brief - Procedure for - Appellant need not file any motion on notice - Before hearing could take place (H5) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

PRACTICE & PROCEDURE - Appeals - Retrial - Basis for the order - Specific finding - Should be made by trial court on every relevant issue - Where it fails to do so - And the finding depends on witnesses’ credibility - Appellate court should Order a retrial (H4) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

PRACTICE & PROCEDURE - Application - In lieu of demurrer - A defendant relying on point of law - To raise preliminary issue - Is to set out that point of law - In a statement of defence - For the issue to be properly raised (H1) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

PRACTICE & PROCEDURE - Application for striking out - Necessary steps - Where application requires resolution of certain facts - Statement of defence should first be filed - To avail court of all material facts - To aid its decision (H4) Disu v. Ajilowura (2006) 7 KLR (pt. 223) 2805; (2006) 14 NWLR (Pt. 1000) 783

 

PRACTICE & PROCEDURE - Chieftaincy matters - Substitution of parties - Where original party is dead - Where judgment will affect rights of whole family - Application for substitution - Will be granted in the interest of justice (H1) Arowolo v. Akapo (2006) 7 KLR (pt. 223) 2793; (2006) 18 NWLR (Pt. 1010) 94

 

PRACTICE & PROCEDURE - Claims - Damages - Special and General - Distinction - Special damages must be pleaded - And strictly proved - But general damages is presumed from offending act - It is bad procedure to lump them together in a head of claim (H3) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

PRACTICE & PROCEDURE - Courts - Duty of - In a civil action - Court is not to grant claims not asked for - Its duty is to render unto a party according to his proven claim (H11) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

PRACTICE & PROCEDURE - Courts - Jurisdiction - Where not available - Proper order for the court to make - Is an order striking out the proceedings - Not an order of transfer (H3) Fasakin Foods Ltd. v. Shosanya (2006) 4 KLR (pt. 216) 1447; (2006) 10 NWLR (Pt. 987) 126

 

PRACTICE & PROCEDURE - Courts - Legislation - Power to transfer a matter - Under s. 22 of Federal High Court Act - Lagos State High Court cannot transfer matters to Federal High Court - Till State Assembly legislates on that subject (H1) Fasakin Foods Ltd. v. Shosanya (2006) 4 KLR (pt. 216) 1447; (2006) 10 NWLR (Pt. 987) 126

 

PRACTICE & PROCEDURE - Courts - Relief - Not considered by trial court - Was Wrongfully granted by Court of Appeal - Seeing that where a court grants the 1st relief - It is precluded from pronouncing on the alternative relief (H5) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

PRACTICE & PROCEDURE - Default judgment - Considerations court will make - In setting aside judgment given in default of defence - Includes whether the exhibited statement of defence - Shows the case to be unsupportable (H4) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

PRACTICE & PROCEDURE - Interlocutory applications - Pronouncements - On matters in dispute between he parties - Was wrongfully made - By the two lower Courts (H1) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

PRACTICE & PROCEDURE - Issues for determination - Not canvassed before trial court - Cannot be the basis of an issue on appeal (H2) M. O. Kanu, Sons & Co. Ltd v. First Bank Plc. (2006) 5 KLR (pt. 219) 1947

 

PRACTICE & PROCEDURE - Issues of law - Modality for raising issues of law - Is by the pleadings - Appellants ought to have filed statement of defence - Stating their objection therein (H3) Disu v. Ajilowura (2006) 7 KLR (pt. 223) 2805; (2006) 14 NWLR (Pt. 1000) 783

 

PRACTICE & PROCEDURE - Judgments - Enforcement - Irregularity - Justice - Application to set aside wrongful sale - Where it ought to be by Writ of Summons - But was wrongly brought by motion - The defect is cured by the spirit of the Law & Rules - That enjoin execution of substantial justice (H4) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

PRACTICE & PROCEDURE - Judgments - Finality - Determining whether a decision is final or interlocutory - Is by looking at the nature of the order made - And not the nature of the proceedings (H7) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

PRACTICE & PROCEDURE - Judgments - Instrument - Meaning - Jurisdiction - Lagos High Court Rules O. 46 r. 1 - Court of coordinate jurisdiction - Lacks jurisdiction to determine issue of construction - Of a sister court’s judgment (H1) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

PRACTICE & PROCEDURE - Judgments - Revocation of - Default judgment - Where judgment was given in default of defence - The trial judge can set it aside (H3) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

PRACTICE & PROCEDURE - Judgments -Enforcement procedure - Sale of immovable property - Attachment and sale of immovable property of judgment debtor - Must be by leave or order of court - Made upon application on notice (H2) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

PRACTICE & PROCEDURE - Judicial precedents - Fadare case - Stare decisis - The principle in Fadare case - Applies to the instant case - As both cases concern the proper stage - At which to raise preliminary objections - Involving points of law (H2) Disu v. Ajilowura (2006) 7 KLR (pt. 223) 2805; (2006) 14 NWLR (Pt. 1000) 783

 

PRACTICE & PROCEDURE - Jurisdiction - Reliefs - Principal relief in the Third Party Notice - Emanates from Pre-Shipment Inspection duty - Thereby making State High Court - To lack jurisdiction (H4) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

PRACTICE & PROCEDURE - Jurisdiction - Transfer of case - State High Court - Can transfer a case from itself - To Federal High Court - Vide s. 22(3) Federal High Court Act (H5) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

PRACTICE & PROCEDURE - Locus standi - Appeals - Invalid grant of right of occupancy - Failure of government - To continue in appeal proceedings - Does not remove locus standi of 1st respondent (H9) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

PRACTICE & PROCEDURE - Lumping of claims - Special damages - Not having been pleaded and proved - And being lumped with general damages - In appellant’s claim - Court below was right - To have set aside judgment of trial court awarding both damages (H5) Xtoudos Services Nig. Ltd. v. Taisei (W.A.) Ltd (2006) 6 KLR (pt. 221) 2411; (2006) 15 NWLR (Pt. 1003) 533

 

PRACTICE & PROCEDURE - Mistake of counsel - Noncompliance with procedural rules - Judicial attitude thereto - Whenever plaintiff establishes a wrong inflicted on him by defendant - Remedy should be granted - In spite of procedural defects - As parties should not be punished - For their counsel’s mistake (H5) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

PRACTICE & PROCEDURE - Motions - Fair hearing - Adjournment - Where applicant has finished moving his motion - Grant of application for adjournment to respondent - At that stage on a flimsy reason - Will not be proper (H3) Bill Constr. Co. Ltd v. Imani & Sons Ltd. (2006) 12 KLR (pt. 226) 3521; (2006) 19 NWLR (Pt. 1013) 1

 

PRACTICE & PROCEDURE - Originating Summons - Propriety of - Can be used only in resolving questions of law - Or construction of instruments and interpretation of documents - But not in a hostile property dispute case (H2) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

PRACTICE & PROCEDURE - Originating Summons - When proceedings can be commenced thereby - Are as stated under the High Court Rules - Questions in this suit - Do not fall within the provision of the Rules (H1) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

PRACTICE & PROCEDURE - Parties’ name - Supreme Court Act s.20 - Where action is filed in the name of a State - Or its House of Assembly - It is a procedural irregularity - That can be waived (H5) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

PRACTICE & PROCEDURE - Pleadings - Evidence - Adduced contrary to pleadings - Must be expunged when considering case (H1) Mbani v. Bosi (2006) 5 KLR (pt. 218) 1781; (2006) 11 NWLR (Pt. 991) 400

 

PRACTICE & PROCEDURE - Pleadings - Illegality - Contracts - Where not ex-facie illegal - Party that raises defence of illegality - Must plead it and set out the particulars (H3) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

PRACTICE & PROCEDURE - Pleadings - Issues - Where defendant joins issues with plaintiff - Statement of claim must be ventilated in court - By adducing evidence - Without which the statement of claim is moribund and useless (H1) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

PRACTICE & PROCEDURE - Pleadings - Statement of claim - Averment in - Must be proved by evidence during trial - As such averment does not amount to evidence without more (H3) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

PRACTICE & PROCEDURE - Proceedings - Recording of - Court is not to record every little detail - But the relevant proceedings - That will ensure just determination of a case (H2) Udo v. State (2006) 7 KLR (pt. 224) 3189; (2006) 15 NWLR (Pt. 1001) 179

 

PRACTICE & PROCEDURE - Reliefs - Fundamental Rights Procedure Rules - Nature of relief thereunder - Except relief claimed - Is in the main an enforcement of fundamental rights - It should not be brought - Under the Fundamental Rights Rules (H1) University of Ilorin v. Oluwadare (2006) 7 KLR (pt. 223) 2951; (2006) 14 NWLR (Pt. 1000) 751

 

PRACTICE & PROCEDURE - Reliefs - Third Party Proceedings - Tukur case - Was wrongfully relied upon by lower court - On issue of principal and ancillary reliefs - In assigning jurisdiction to State High Court (H3) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

PRACTICE & PROCEDURE - Representative actions - When appropriate - Where those represented and their representatives - Have common interest and common grievance - As is the case in the instant action - Representative action will be in order (H5) Mozie v. Mbamalu (2006) 7 KLR (pt. 223) 2833; (2006) 15 NWLR (Pt. 1003) 466

 

PRACTICE & PROCEDURE - Statutes - Interpretation - Limitation law - Retrospective construction of statutes - Presumption against - Does not affect laws on practice and procedure of the courts (H1) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

PRACTICE & PROCEDURE - Statutes - Limitation law - Nature of - Right of lien can be exercised where an action is limited - Statutes of limitation are procedural - And can be retrospective (H2) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

PRACTICE & PROCEDURE - Taxation - Reply - Points of law - Where no reply was filed by respondent - To appellants’ statement of grounds of appeal - Before the appellate High Court - Respondents’ point of law - Cannot be considered (H12) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

PRACTICE & PROCEDURE - Testimony of a witness - In earlier proceedings - Is relevant in subsequent proceedings - In proof of fact it states - Provided witness was cross-examined - Parties are same - And questions in issue substantially same (H3) Onu v. Idu (2006) 6 KLR (pt. 220) 2195; (2006) 12 NWLR (Pt. 995) 657

 

PRACTICE & PROCEDURE - Torts - Procedure for filing claims - Where the principal claims are tortious - Writ of summons is proper - Not Fundamental Rights Procedure (H2) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

PRACTICE & PROCEDURE - Undefended suits - Intention to defend - Where trial Judge did not hear the parties - Before granting leave to defend - He jumped the gun (H2) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

PRACTICE & PROCEDURE - Wrongful execution - Application to set aside - Was rightly made to Court of Appeal in the first instance - As there existed special circumstances - Warranting that (H3) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

PROPERTY LAW - Actions - Limitation of actions - Detinue claim - In respect of property being wrongfully detained - May not be deemed limited - Until Statement of Claim is filed (H4) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

PROPERTY LAW - Assets - Statutes - Interpretation - States Creation Act 1996 s.7(1) - Vests specific assets - On newly created states - But does not vest assets - On States out of which they are created (H4) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

PROPERTY LAW - Creation of States - Assets & liabilities - Joint ownership of - Is not prohibited by s. 7(1) of the State Creation Act 1996 - So that defendant’s counterclaim - To sole ownership of landed property located outside the old Rivers State - Has no foundation (H6) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

PROPERTY LAW - Lien - Actions - Limitation law - Nature of - Right of lien can be exercised where an action is limited - Statutes of limitation are procedural - And can be retrospective (H2) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

PROPERTY LAW - Nemo dat quod non habet - Meaning of - Having once granted his entire interest in the land to another - A landlord is left with nothing that he may subsequently grant out (H6) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

PROPERTY LAW - Priority of interests - Rival conveyances or competing interests - Will rank according to the order of their creation (H4) Kachalla v. Banki (2006) 2 KLR (pt. 212) 793; (2006) 8 NWLR (Pt. 982) 364

 

PROPERTY LAW - Sale - Judgments - Execution of - Sale of immovable property - Application to set aside - Except application is brought within 21 days - Sale is deemed absolute - And title effectively transferred (H1) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

PROPERTY LAW - Succession - Consent judgment - Redevelopment of property - Agreement of the parties - As contained in a consent judgment - Cannot be altered by incorporating an agreement - Respondent was not a party to (H5) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

PROPERTY LAW - Title - Judgments - Enforcement of - Sale of immoveable property - Attachment and sale of debtor’s immoveable property - Without prior leave of court - Is illegal and void - And confers no valid title on the purchasers (H3) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

REGISTRATION OF INSTRUMENTS - Evidence - Admissibility - Instrument - Where not stamped nor registered - Court of Appeal rightly expunged it from the record - In line with s. 16 Land Instrument Registration Law (H4) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

REGISTRATION OF INSTRUMENTS - Instrument - Definition - Land Instrument Registration Law s. 2 - A document that purports to transfer interest in land - Is an instrument - No matter its form (H3) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

REGISTRATION OF INSTRUMENTS - Purpose of - It is not concerned with validity of instruments - It is intended to protect other intending buyers - By putting them on notice (H8) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

RULES OF COURT - Appeals - Acquiescence - Reply - Where not filed at all - As required by the relevant Rules - Appellants cannot be said to have acquiesced - To what never existed (H7) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

RULES OF COURT - Appeals - Briefs - Reply - O.6 r. 5 Court of Appeal Rules - Reply affords appellant opportunity - To respond to new points arising from Respondent’s brief - It is not mandatory - As claimed by the Appellant (H5) Dada v. Dosunmu (2006) 9 KLR (pt. 225) 3343; (2006) 18 NWLR (Pt. 1010) 134

 

RULES OF COURT - Appeals - O.6 r.10 Court of Appeal Rules - Hearing an appeal without respondent’s brief - Procedure for - Appellant need not file any motion on notice - Before hearing could take place (H5) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

RULES OF COURT - Appeals - Preliminary objections - Manner of raising - In raising preliminary objection - Respondent failed to comply with O.2 r.9 Court of Appeal Rules (H1) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

RULES OF COURT - Briefs of appeal - Time within which to file - O.6 r.4 Court of Appeal Rules - Time within which to file respondent’s brief - Is 45 days from date of service of appellant’s brief (H6) Eke v. Ogbonda (2006) 12 KLR (pt. 226) 3613; (2006) 18 NWLR (Pt. 1012) 506

 

RULES OF COURT - Demurrer - Application in lieu of - O. 23 Lagos High Court Rules - A defendant relying on point of law - To raise preliminary issue - Is to set out that point of law - In a statement of defence - For the issue to be properly raised (H1) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

RULES OF COURT - Departure from - Miscarriage of justice - Definition - A finding that a different result would have been reached - Is not necessary - It is enough if justice according to law is not done (H4) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

RULES OF COURT - Dismissal - Rivers State High Court Rules - O. 37 r. 8 - Gives trial court authority to dismiss suit - Where plaintiff is absent and defendant present - On date of hearing (H1) Banna v. Telepower Ltd (2006) 7 KLR (pt. 222) 2621; (2006) 15 NWLR (Pt. 1001) 198

 

RULES OF COURT - Inadvertent omission - Of a party’s counsel - Does not amount to special ground - Under O. 1 r. 20(3) Court of Appeal Rules (H2) Okoro v. Egbuoh (2006) 6 KLR (pt. 220) 2173; (2006) 15 NWLR (Pt. 1001) 1

 

RULES OF COURT - Judgments - Enforcement - Irregularity - Justice - Application to set aside wrongful sale - Where it ought to be by Writ of Summons - But was wrongly brought by motion - The defect is cured by the spirit of the Law & Rules - That enjoin execution of substantial justice (H4) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

RULES OF COURT - Judgments - Instrument - Meaning - Jurisdiction - Lagos High Court Rules O. 46 r. 1 - Court of coordinate jurisdiction - Lacks jurisdiction to determine issue of construction - Of a sister court’s judgment (H1) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

RULES OF COURT - O. 1 r. 20(3) Court of Appeal Rules - Further evidence - Power of Court of Appeal to admit - On appeal from judgment on the merits - Is limited to when there are special grounds - Like maters occurring after trial (H1) Okoro v. Egbuoh (2006) 6 KLR (pt. 220) 2173; (2006) 15 NWLR (Pt. 1001) 1

 

RULES OF COURT - O. 23 r. 2 Lagos State HC Rules - Issues of law - Modality for raising issues of law - Is by the pleadings - Appellants ought to have filed statement of defence - Stating their objection therein (H3) Disu v. Ajilowura (2006) 7 KLR (pt. 223) 2805; (2006) 14 NWLR (Pt. 1000) 783

 

RULES OF COURT - O. 3, r. 3(4) CA Rules - Wrongful execution - Application to set aside - Was rightly made to Court of Appeal in the first instance - As there existed special circumstances - Warranting that (H3) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

RULES OF COURT - O.1, r. 2(2), CA Rules - Once an appeal is entered - In the Court of Appeal - That Court becomes seized of the whole proceedings - And every application therein - Shall be made to that court (H6) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

RULES OF COURT - Originating Summons - When proceedings can be commenced thereby - Are as stated under the High Court Rules - Questions in this suit - Do not fall within the provision of the Rules (H1) Ossai v. Wakwah (2006) 2 KLR (pt. 210) 543; (2006) 4 NWLR (Pt. 969) 208

 

RULES OF COURT - Reliefs - Fundamental Rights Procedure Rules - Nature of relief thereunder - Except relief claimed - Is in the main an enforcement of fundamental rights - It should not be brought - Under the Fundamental Rights Rules (H1) University of Ilorin v. Oluwadare (2006) 7 KLR (pt. 223) 2951; (2006) 14 NWLR (Pt. 1000) 751

 

RULES OF COURT - Taxation - Appeals - Leave - Representative action - As there is a common interest - On the issue of 1st respondent’s vires - To reassess appellants’ taxation - A representative capacity would avail appellants (H8) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

RULES OF COURT - Taxation - Appeals - Procedure - Ambiguity - Where the relevant Rules on the nature of reply - Required from the Commissioner in taxation matters - Is not ambiguous - It shall be upheld unto holding - That counter affidavit is not a reply (H6) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

STATUTES - “Shall” - Where used in a Statute - Makes that provision mandatory (H5) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

STATUTES - Actions - Powers - Income tax - Power of the respondent to sue defaulters - Is not limited to civil actions - But includes criminal prosecution (H2) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

STATUTES - Amendment - Duty of Court - Is to give effect to every existing statute - And amendment thereto - Court of Appeal misinterpreted the statute in issue - By ignoring the amendment (H2) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

STATUTES - Appeals - Time to appeal - Before the Supreme Court - Is governed by the Supreme Court Act - And not the Supreme Court Rules (H1) Afribank Plc. v. Akwara (2006) 1 KLR (pt. 208) 1; (2006) 5 NWLR (Pt. 974) 619

 

STATUTES - Applicability - Chieftaincy declarations - Applicable declaration - Is the one in existence - At the time cause of action arose - And not the law in force - At time of invoking court’s jurisdiction (H1) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

STATUTES - Applicability - Chieftaincy declarations - The applicable law in this case - Is the 1991 Order - With its retrospective effect (H5) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

STATUTES - Applicability - Judgments - Registration and enforcement of foreign judgment - It is the 1922 and 1961 Acts that are applicable (H1) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

STATUTES - Banking - Failed Banks Tribunal, s. 3(1) of Decree No. 18 1994 - Stealing and allied offences appellant was charged with - Arose out of the business of a bank (H1) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

STATUTES - Breach - Claim - Illegality - Before a claim can be ex-facie illegal - It will be apparent that it is illegal - And in breach of a specific law (H2) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

STATUTES - Breach - Employment - Pleadings - Immigration Act ss. 8(1) & 34 - Where a breach of the sections was not pleaded - Evidence given directly - Or extracted under cross examination - Would be inadmissable (H6) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

STATUTES - Chiefs Law s. 22(5) - Chieftaincy Disputes - Local remedies - Are to be exhausted before litigation - For court to have jurisdiction (H3) Okomalu v. Akinbode (2006) 4 KLR (pt. 214) 1075; (2006) 9 NWLR (Pt. 985) 338

 

STATUTES - Chieftaincy matters - District Head - Procedure adopted in appointing 3rd appellant - As the District Head - Was as provided by s. 7(1) of the 1992 Law (H4) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

STATUTES - Compliance - Clear provision - That a particular act be performed - A party’s failure to perform that act - Will work against him (H3) Adesanoye v. Adewole (2006) 7 KLR (pt. 224) 2977; (2006) 14 NWLR (Pt. 1000) 242

 

STATUTES - Compliance - Exhibit - Public Archives Act s. 7 - Non Compliance with - Rendered exhibit 4 inadmissible (H3) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

STATUTES - Compliance with - Chieftaincy dispute - Where a traditional method exists under a statute - Proof of non compliance with that law - Is the plaintiffs’ duty (H3) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

STATUTES - Conflict - Constitutional law - Where two Acts are in conflict - In relation to same subject matter - Constitutional provisions shall govern the interpretation (H1) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

STATUTES - Conflict of laws - Auction sale of land - That would have been invalid - Is validated by another law - In protection of a bona fide purchaser (H2) Ibiyeye v. Fojule (2006) 2 KLR (pt. 212) 773; (2006) 3 NWLR (Pt. 968) 640

 

STATUTES - Constitution - Supremacy of - Effect on other Laws or Acts - Where they are inconsistent with the Constitution - Court has jurisdiction to declare them invalid, null and void (H2) Fasakin Foods Ltd. v. Shosanya (2006) 4 KLR (pt. 216) 1447; (2006) 10 NWLR (Pt. 987) 126

 

STATUTES - Constitutional law - Conflict - Other laws of the land - Cannot defeat the provisions of the constitution (H6) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

STATUTES - Constitutionality - Dictatorship - Lagos State Tribunals of Inquiry Law - Section of it - That made no provision for review or appeal - Is an enthronement of dictatorship - And glaringly unconstitutional (H4) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

STATUTES - Constitutionality of - Monitoring of Revenue Allocation to Local Government Act, s.7 - Is inconsistent - With s. 162(8) of 1999 Constitution (H16) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

STATUTES - Construction - Jurisdiction - Pre-Shipment Inspection of Imports Act s. 9(2) - As to jurisdiction of the Federal High Court - Was properly construed by the Court of Appeal (H1) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

STATUTES - Courts - Jurisdiction - Power to transfer a matter - Under s. 22 of Federal High Court Act - Lagos State High Court cannot transfer matters to Federal High Court - Till State Assembly legislates on that subject (H1) Fasakin Foods Ltd. v. Shosanya (2006) 4 KLR (pt. 216) 1447; (2006) 10 NWLR (Pt. 987) 126

 

STATUTES - Enforceability - Foreign Judgments Act - Registration of foreign judgment - S. 4 of the Act - Is not enforceable - Without an order promulgated - By the Minister of Justice (H2) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

STATUTES - Evidence - Admissibility - Instrument - Where not stamped nor registered - Court of Appeal rightly expunged it from the record - In line with s. 16 Land Instrument Registration Law (H4) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

STATUTES - Evidence Act ss. 46 & 146 - Title - Proof of exclusive possession ss. 46 & 146 E A - Once plaintiff proves title by traditional history - Lawful and exclusive possession - Is presumed in his favour - And ss. 46 & 146 E A - Cannot operate against him (H5) Okoko v. Dakolo (2006) 7 KLR (pt. 224) 3099; (2006) 14 NWLR (Pt. 1000) 401

 

STATUTES - Failed Banks - Decree 1999 ss. 2 and 3 - Scope of - Jurisdiction conferred on Federal High Court thereunder - Does not include matters already determined by the Tribunal - And for which time of appeal has passed (H3) Arewa Paper Converters Ltd v. N.I.D.C. Ltd (2006) 7 KLR (pt. 223) 2741; (2006) 15 NWLR (Pt. 1002) 404

 

STATUTES - Finance Law s. 26 - Appeals - Competence - Leave - Appellate jurisdiction of High Court - In Taxation matters from the decision of Tax Authority - Is not destroyed because the appeal before the High Court - Is pursuant to the High Court Rules - As provided by the relevant statute (H4) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

STATUTES - Immigration - Resident permit - Employment - Pleadings - Immigration Act s. 10(5) - Provided for deportation not nullification of employment contract (H5) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

STATUTES - Income tax - Companies - Name for criminal prosecution - Can be the corporate name alone (H3) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

STATUTES - Interpretation - Constitution - Suspension and Modification - Right to personal liberty - Guaranteed under s. 32(1) 1979 Constitution - Was not suspended by 1993 Suspension Decree (H1) Duru v. Nwangwu (2006) 5 KLR (pt. 219) 1935

 

STATUTES - Interpretation - Ambiguity - Constitution of a country - Being the guiding light in governance - Must be given clear meaning (H2) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

STATUTES - Interpretation - Clear words of the Constitution - Subsidiary legislation - Cannot take away a constitutional power (H5) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

STATUTES - Interpretation - Company directors - S. 63(3) of CAMA permits directors - To authorize that action be taken - To protect the company’s business (H2) Odutola Holdings Ltd. v. Ladejobi (2006) 5 KLR (pt. 218) 1821; (2006) 12 NWLR (Pt. 994) 321

 

STATUTES - Interpretation - Constitutional law - Prosecuting criminal suit before Federal High Court - Can be done by the Police - Or any other authority - Subject to A-G’s power - To take over or discontinue the prosecution (H4) The Federal Rep. of Nig. v. Osahon (2006) 2 KLR (pt. 210) 427; (2006) 5 NWLR (Pt. 973) 361

 

STATUTES - Interpretation - Courts - Arbitration Act - Clear words - Should be given effect - Without resort to external aid - Arbitration tribunal has the power - To determine venue for the proceedings s.16 (1) & (2) of the Act (H2) NNPC v. Lutin Investments Ltd (2006) 1 KLR (pt. 208) 59; (2006) 2 NWLR (Pt. 965) 506

 

STATUTES - Interpretation - Courts - Are to give the words used in a statute - Their ordinary meaning - And not to introduce extraneous matters - Where the provisions are clear (H1) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

STATUTES - Interpretation - Duty of Court - Is to give effect to every existing statute - And amendment thereto - Court of Appeal misinterpreted the statute in issue - By ignoring the amendment (H2) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

STATUTES - Interpretation - Golden rule principle - Where a statute can be construed in the negative or positive - Court should adopt the interpretation - More in tune with public benefit (H6) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

STATUTES - Interpretation - Legislation - Language used - Where clear and unambiguous - Courts must give the words their ordinary meaning - And not interfere with the Legislature’s exclusive domain (H2) Cotecna Ltd v. Ivory Merch. Bank Ltd (2006) 4 KLR (pt. 215) 1215; (2006) 9 NWLR (Pt. 985) 275

 

STATUTES - Interpretation - Limitation law - Retrospective construction of statutes - Presumption against - Does not affect laws on practice and procedure of the courts (H1) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

STATUTES - Interpretation - Principles - Express mention of one thing - Automatically excludes any others - Which would have applied - Otherwise by implication - With regard to the same issue (H4) Ehuwa v. Ondo State Inde. Elect. Comm. (2006) 12 KLR (pt. 226) 3573; (2006) 18 NWLR (Pt. 1012) 544

 

STATUTES - Interpretation - States Creation Act 1996 s.7(1) - Vests specific assets - On newly created states - But does not vest assets - On States out of which they are created (H4) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

STATUTES - Interpretation - That appears to defeat intention of the legislature - Should not be followed - So as to give liberal interpretation to clear provisions (H4) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

STATUTES - Interpretation - Words used in a statute - That are clear and unambiguous - Should be given their ordinary plain meaning (H3) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

STATUTES - Interpretation of - Sheriffs and Civil Process Act, s. 22(2) - Confers both original and appellate jurisdiction - On the Court of Appeal - In respect of matters stated therein (H1) Akinyemi v. Soyanwo (2006) 7 KLR (pt. 222) 2603; (2006) 13 NWLR (Pt. 998) 496

 

STATUTES - Judgments - Derailment - Appeals - Misconstruction of statute - Made lower court derail - In failing to apply clear provisions - Of the Foreign Judgments Act (H4) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

STATUTES - Judgments - Execution - Ss. 47 & 48 Sheriffs and Civil Process Act - Sale of immovable property - Application to set aside - Except application is brought within 21 days - Sale is deemed absolute - And title effectively transferred (H1) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

STATUTES - Judgments - O. iv r. 16 Judgment (Enforcement) Rules - Enforcement procedure - Sale of immovable property - Attachment and sale of immovable property of judgment debtor - Must be by leave or order of court - Made upon application on notice (H2) Saleh v. Monguno (2006) 7 KLR (pt. 223) 2909

 

STATUTES - Jurisdiction - Appeals - Statutes conferring appellate jurisdiction - Must be followed - And a complaint not predicated on any ground - Cannot be argued (H4) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

STATUTES - Jurisdiction - Clear provisions - Need no additional words - Court of Appeal having no jurisdiction to adjudicate on this matter - It’s proceedings thereon is in futility (H3) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

STATUTES - Jurisdiction - Decree No. 60 of 1991 s.7 - Compensation for land - Is not same as claim connected to mines and minerals - As to oust State High Court’s jurisdiction (H4) Nkuma v. Odili (2006) 3 KLR (pt. 213) 879; (2006) 6 NWLR (Pt. 977) 587

 

STATUTES - Land Instrument Registration Law s. 2 - A document that purports to transfer interest in land - Is an instrument - No matter its form (H3) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

STATUTES - Land Instruments Registration Law s. 16 - Registration of Instruments - Purpose of - It is not concerned with validity of instruments - It is intended to protect other intending buyers - By putting them on notice (H8) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

STATUTES - Land Matters - Limitation Law - Scope of - It not only denies the right of action - But extinguishes title - At the expiration of twenty years for state - And twelve years for others (H4) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

STATUTES - Limitation - Foreign judgment - Registration - Limitation period - Where the statute provided for 12 months limitation period - Application to register foreign judgment - Brought after about 4 years - Will not be granted (H5) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

STATUTES - Limitation - Retrospective provisions of - Apply in this case to bar some of the claims - As rightly held by the lower court (H3) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

STATUTES - Limitation law - Nature of - Right of lien can be exercised where an action is limited - Statutes of limitation are procedural - And can be retrospective (H2) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

STATUTES - Omnibus clauses - Interpretation of - Is not to be made at large - But related to the preceding original matter - Specifically named (H11) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

STATUTES - Ondo State Local Government Election Law - Appeals - Local Government Elections - Appeal lies from the Tribunal to the State High Court - Vide s. 94 (2) of the Law - And the High Court’s decision is final (H1) Ehuwa v. Ondo State Inde. Elect. Comm. (2006) 12 KLR (pt. 226) 3573; (2006) 18 NWLR (Pt. 1012) 544

 

STATUTES - Ports Ordinance s. 97(1) - Limitation period - Time starts to run - When all the facts - Needed to be proved - Have occurred (H1) Nigerian Ports Authority v. Ajobi (2006) 7 KLR (pt. 222) 2667; (2006) 13 NWLR (Pt. 998) 477

 

STATUTES - Prohibition - Creation of States - Assets & liabilities - Joint ownership of - Is not prohibited by s. 7(1) of the State Creation Act 1996 - So that defendant’s counterclaim - To sole ownership of landed property located outside the old Rivers State - Has no foundation (H6) A-G Bayelsa State v. A-G Rivers State (2006) 12 KLR (pt. 226) 3473; (2006) 18 NWLR (Pt. 1012) 596

 

STATUTES - Public Archives Act s. 7 - Public document - Reason for authentication of - Is to make it admissible - As proof of the original (H6) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

STATUTES - Sections - Ss. 316 & 319 Criminal Code Law - Charges - Trial - Is not vitiated - Merely because accused was charged and tried under punishment section - Instead of definition section - Unless it occasioned miscarriage of justice - Which it did not in this case (H1) Adekunle v. State (2006) 6 KLR (pt. 221) 2225; (2006) 14 NWLR (Pt. 1000) 717

 

STATUTES - Selection of chief - Village heads - Function of - Is to nominate 3 candidates under the law - While Emirate Council will nominate one of them - For the Governor’s appointment - Lower court acted per incuriam - In holding otherwise (H5) A-G Adamawa v. Ware (2006) 1 KLR (pt. 209) 195; (2006) 4 NWLR (Pt. 970) 399

 

STAY OF EXECUTION - Consideration - Recovery of possession - What court would consider - Before granting a stay - Includes ensuring that a party - Does not obtain the very reliefs he lost (H4) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

STAY OF EXECUTION - Definition - Purpose of the order - Is to arrest further action by the court - By Suspending execution of the judgment in issue (H1) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

STAY OF EXECUTION - Propriety of the grant - Where chances of success in the appeal - Are virtually nil - Stay will not be granted (H3) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

STEALING - Conviction - Banking - Concurrent findings of fact - That convicted appellant for conversion - Of money meant for the bank - Is supported by evidence (H4) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

STEALING - Proof - Documentary evidence being most reliable - Abound in this case - To prove ownership of the stolen money (H2) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

STEALING - Proof - Ownership of money stolen - Was clearly proved - To belong to Ogun State Government - As properly found by the two lower courts (H1) Akinbisade v. State (2006) 9 KLR (pt. 225) 3305; (2006) 17 NWLR (Pt. 1007) 184

 

SUCCESSION - Wills - Redevelopment of property - Agreement of the parties - As contained in a consent judgment - Cannot be altered by incorporating an agreement - Respondent was not a party to (H5) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

SUMMARY JUDGMENTS - Default judgment - Considerations court will make - In setting aside judgment given in default of defence - Includes whether the exhibited statement of defence - Shows the case to be unsupportable (H4) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

SUMMARY JUDGMENTS - Default Judgment - Trial Court’s failure - To consider the defence - In refusing to set aside its default judgment - Justified Court of Appeal’s intervention (H5) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

SUMMARY JUDGMENTS - Revocation of - Default judgment - Where judgment was given in default of defence - The trial judge can set it aside (H3) Ogolo v. Ogolo (2006) 2 KLR (pt. 211) 669; (2006) 5 NWLR (Pt. 972) 163

 

SUPREME COURT - Actions - Abuse of court process - Where the parties are different - And the reliefs are not the same - The action is not an abuse of Court process (H4) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

SUPREME COURT - Actions - Parties’ name - Supreme Court Act s.20 - Where action is filed in the name of a State - Or its House of Assembly - It is a procedural irregularity - That can be waived (H5) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

SUPREME COURT - Actions - Preliminary Objection - That is ambiguous - Would fail (H6) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

SUPREME COURT - Appeals - Chieftaincy matters - Where case of plaintiffs failed on the evidence - Supreme Court cannot award them an unjustified victory (H3) Gbadamosi v. Governor of Oyo State (2006) 6 KLR (pt. 221) 2369; (2006) 13 NWLR (Pt. 997) 363

 

SUPREME COURT - Appeals - Concurrent findings - Will not be disturbed by Supreme Court - Unless it violates some principle of law or procedure - Which when corrected - Will overturn the findings (H2) Gbadamosi v. Governor of Oyo State (2006) 6 KLR (pt. 221) 2369; (2006) 13 NWLR (Pt. 997) 363

 

SUPREME COURT - Appeals - Grounds of - Issues - Appellant’s grounds and issues - Never included dismissal of claim for specific performance - Before the Court of Appeal - So they cannot and they do not - Include that complaint before the Supreme Court (H1) Opara v. Dowel Schlumberger Ltd (2006) 7 KLR (pt. 224) 3141; (2006) 15 NWLR (Pt. 1002) 342

 

SUPREME COURT - Appeals - Jurisdiction - Current problem - That is yet to be resolved - Is what Supreme Court has jurisdiction to determine - Appeal that has become spent - Ought to be withdrawn - Or struck out (H2) Olori Motors Ltd v. Union Bank (2006) 4 KLR (pt. 223) 2889; (2006) 10 NWLR (Pt. 989) 586

 

SUPREME COURT - Appeals - Jurisdiction - Does not entertain direct complaints - Against the decision of the High Court (H8) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

SUPREME COURT - Appeals - Leave - New issue - Raised before the Supreme Court - Without leave of court - And is not supported by evidence - Will fail (H6) UBA Plc v. BTL Industries Ltd (2006) 12 KLR (pt. 226) 3739; (2006) 19 NWLR (Pt. 1013) 61

 

SUPREME COURT - Appeals -Issues - Definition - Sufficiency of lone issue - Where lone issue raised by the Supreme Court - Sufficiently determines the case - Academic consideration of the other issues - Is unnecessary (H6) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

SUPREME COURT - Concurrent findings of fact - Attitude of Supreme Court - It will not disturb concurrent findings of two lower courts - Unless shown to be perverse - And such has not been shown - In the instant case (H1) Ben v. State (2006) 7 KLR (pt. 222) 2645; (2006) 16 NWLR (Pt. 1006) 582

 

SUPREME COURT - Concurrent findings of fact - Supported by evidence on printed records - Cannot ordinarily be disturbed by Supreme Court - Even if it would have concluded otherwise upon the evidence (H7) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

SUPREME COURT - Cross appeal - Issue - That has become academic or hypothetical - Will be struck out by the Supreme Court (H6) Bhojsons Plc. v. Daniel-Kalio (2006) 2 KLR (pt. 211) 609; (2006) 5 NWLR (Pt. 973) 330

 

SUPREME COURT - Jurisdiction - Grounds of appeal - Competency of - Grounds of appeal herein - Are incompetent - Being complaints against findings of trial court - Though couched as if against those of Court of Appeal - Supreme Court therefore lacks jurisdiction - To entertain them (H4) Opara v. Dowel Schlumberger Ltd (2006) 7 KLR (pt. 224) 3141; (2006) 15 NWLR (Pt. 1002) 342

 

SUPREME COURT - Leave - Evidence - Where appellants raised no objection - To the tendering of exhibits before lower courts - They cannot raise the issue now - Without leave of the Supreme Court (H1) Dagaci of Dere v. Dagaci of Ebwa (2006) 1 KLR (pt. 209) 299; (2006) 7 NWLR (Pt. 979) 382

 

SUPREME COURT - Original jurisdiction - S.232(1) 1999 Constitution - Claims or reliefs for individual persons - The Court has no original jurisdiction - To entertain them (H3) Plateau State v. A-G Federation (2006) 1 KLR (pt. 208) 1; (2006) 3 NWLR (Pt. 967) 346

 

SUPREME COURT - Powers - Under s.22 SC Act - Hearing - Motions - Refusal of trial court to hear counsel move motion - Did not occasion miscarriage of justice - In the peculiar circumstances of this case - Where Supreme Court will come to same conclusion (H4) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

SUPREME COURT - Reversal - Perverse decision - Meaning - Where Court of Appeal ignores relevant facts - Supreme Court will set its decision aside (H10) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

SUPREME COURT - Stare decisis - Supreme Court - Is bound by its previous decision in Macaulay case - As it is on all fours with the present case (H3) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

SUPREME COURT - Statutes - Time to appeal - Before the Supreme Court - Is governed by the Supreme Court Act - And not the Supreme Court Rules (H1) Afribank Plc. v. Akwara (2006) 1 KLR (pt. 208) 1; (2006) 5 NWLR (Pt. 974) 619

 

TAXATION - Actions - Income tax - Companies - Name for criminal prosecution - Can be the corporate name alone (H3) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

TAXATION - Actions - Powers - Income tax - Power of the respondent to sue defaulters - Is not limited to civil actions - But includes criminal prosecution (H2) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

TAXATION - Appeals - Competence - Leave - Appellate jurisdiction of High Court - In Taxation matters from the decision of Tax Authority - Is not destroyed because the appeal before the High Court - Is pursuant to the High Court Rules - As provided by the relevant statute (H4) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

TAXATION - Appeals - Competence - Leave - Tax Authority - S. 26 of the Finance Law - Confers right of appeal to the High Court - On person aggrieved by a decision on tax assessment - And appeal to Court of Appeal should be with leave - Vide s. 221 1979 Constitution (H3) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

TAXATION - Appeals - Leave - Representative action - As there is a common interest - On the issue of 1st respondent’s vires - To reassess appellants’ taxation - A representative capacity would avail appellants (H8) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

TAXATION - Appeals - Procedure - Ambiguity - Where the relevant Rules on the nature of reply - Required from the Commissioner in taxation matters - Is not ambiguous - It shall be upheld unto holding - That counter affidavit is not a reply (H6) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

TAXATION - Appeals - Reply - Points of law - Where no reply was filed by respondent - To appellants’ statement of grounds of appeal - Before the appellate High Court - Respondents’ point of law - Cannot be considered (H12) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

TAXATION - Assessment - Appeals - Unchallenged finding that 1st respondent lacks vires - For the assessment of taxes - Makes lower court’s going into other issues unnecessary (H11) Ukpong v. Comm. For Finance & Econ. Dev. (2006) 12 KLR (pt. 226) 3813; (2006) 19 NWLR (Pt. 1013) 187

 

TORTS - Actions - Procedure for filing claims - Where the principal claims are tortious - Writ of summons is proper - Not Fundamental Rights Procedure (H2) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

TORTS - Conversion - Definition of - It is an act of unjustified wilful interference - With a chattel - In a manner inconsistent - With the right of the owner (H5) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

TORTS - Conversion - Ingredients of - What to prove - Includes ownership - And defendant’s refusal to surrender chattel - These are not proved in this case (H6) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

TORTS - Damages - Nature - Award of a lump sum - For breach of contract - And tort of conspiracy - As done by the arbitrators - Is bad in law (H4) Baker Marine Nig. Ltd. v. Chevron Nig. Ltd. (2006) 6 KLR (pt. 220) 2035; (2006) 13 NWLR (Pt. 997) 276

 

TORTS - Injurious falsehood - Chat - Definition - Allegation that the words published - Came from a chat with the plaintiff - Is not correct (H3) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

TORTS - Injurious falsehood - Damages - Evidence of - Is substantiated - Where plaintiff showed - That the published falsehood led to the loss of his job (H5) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

TORTS - Injurious falsehood - Malice - Whether a publication is done maliciously - Can be deduced from the circumstances - And facts of the case (H4) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

TORTS - Injurious falsehood - Truthfulness - Of the published injurious words - Oral and documentary evidence - Presented by plaintiff - Proved that the words were not true (H2) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

TORTS - Injurious falsehood - Truthfulness of the words - Absence of evidence from the defendant - Trial court should act on the material before it (H1) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

TORTS - Injurious or malicious falsehood - Ingredients of the claim - Which include falsehood, malice and damages - Are established by plaintiff (H6) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

TORTS - Limitation of actions - Detinue claim - In respect of property being wrongfully detained - May not be deemed limited - Until Statement of Claim is filed (H4) Chigbu v. Tonimas Ltd (2006) 4 KLR (pt. 216) 1423; (2006) 9 NWLR (Pt. 984) 189

 

TORTS - Negligence - Claims - Basis - Where plaintiff’s claim - Expressed to be based on negligence - Has to be sustained - By reference to a contract - Then the action is based on contract (H4) Eagle Super Pack Ltd v. ACB (2006) 12 KLR (pt. 226) 3537; (2006) 19 NWLR (Pt. 1013) 20

 

TORTS - Negligence - Evidence - Expert witness - Medical matter - Allegation of negligence against respondents - Who gave expert evidence - Made it mandatory for appellant to have called expert witness (H5) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

TORTS - Negligence - Medical matter - A medical man should not be guilty of negligence - Merely because something went wrong - Save he falls short of usual skillful standard (H10) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

TORTS - Negligence - Medical matter - Res ipsa loquitur - Burden of proof on plaintiff - Was not discharged - As defendants showed the event to be accidental - And not a breach of duty of care (H9) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

TORTS - Negligence - Medical matter - Res ipsa loquitur - Rebuttal of the presumption - Was clearly done by the respondents - In the absence of expert evidence from the appellant (H8) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

TORTS - Negligence - Medical matter - Surgery - Quality of surgical needles used - Cannot be inferred to be substandard - From 1st respondent’s general statement (H6) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

TRESPASS - Admission - Where respondents admitted the year - They noticed encroachment on their land - It is not admission of possession - To favour the appellant (H2) Awoyoolu v. Aro (2006) 2 KLR (pt. 210) 409; (2006) 4 NWLR (Pt. 971) 481

 

TRESPASS - Definition - Possession - Where sufficient acts of possession is proved - Claim in trespass will succeed (H3) Echere v. Ezirike (2006) 5 KLR (pt. 217) 1659; (2006) 12 NWLR (Pt. 994) 386

 

TRESPASS - Evidence - Exclusive possession - Plaintiff must show a better title - Coupled with evidence - In order to succeed (H3) Amayo v. Erinmwingbovo (2006) 5 KLR (pt. 219) 1871; (2006) 11 NWLR (Pt. 992) 699

 

TRESPASS - Title - Customary tenancy - Injunction - It is wrong to issue an injunction restraining the landlords - From dealing with the disputed land - As they cannot be trespassers on their own land (H9) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

TRIBUNALS - Actions - Locus standi - Companies - Tribunal of Inquiry - Where set up to investigate matters - Affecting the shares of a limited liability company - Respondent companies have locus to sue - As the decision of the Tribunal may affect them (H1) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

TRIBUNALS - Companies - Shares - Constitutional law - Where State Government has lost its status - Of majority shareholder in a company - Staff of and that company - Ceased to be part of that State’s public sector - And are out of reach of a Tribunal of Inquiry (H9) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

TRIBUNALS - Constitutionality - Dictatorship - Lagos State Tribunals of Inquiry Law - Section of it - That made no provision for review or appeal - Is an enthronement of dictatorship - And glaringly unconstitutional (H4) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

TRIBUNALS - Courts - Judicial review - As rules of natural justice - Are now to be observed by all bodies - It is no longer necessary - Differentiating between their nature - As all tribunals are to observe rules of natural justice - Be they judicial or executive bodies (H3) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

TRIBUNALS - Jurisdiction - Failed Banks Tribunal - Is empowered to try other offences not specified in the Decree - Miscarriage of justice was not occasioned - By appellant not being tried in the usual courts (H2) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

TRIBUNALS - Jurisdiction - Failed Banks Tribunal - Where appellant falsely represented - That a bank he is chairman of - Has US dollars to sell - The Tribunal has jurisdiction to try him (H3) Onwudiwe v. FRN (2006) 4 KLR (pt. 215) 1309; (2006) 10 NWLR (Pt. 988) 382

 

TRIBUNALS - Legislation - Companies - Shares - Legislative competence of a State - Where a State Law mandates a Tribunal of Inquiry - To carry out a function outside the Governor’s legislative competence - That law is ultra vires (H8) A-G Lagos State v. Eko Hotels Ltd (2006) 9 KLR (pt. 225) 3227; (2006) 18 NWLR (Pt. 1011) 378

 

UNDEFENDED SUITS - Appeals - Merit - S. 220(2)(a) 1979 Constitution - Precludes Court of Appeal from considering an appeal on merit - On an issue of unconditional leave to defend - Granted by a High court (H4) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

UNDEFENDED SUITS - Intention to defend - Where trial Judge did not hear the parties - Before granting leave to defend - He jumped the gun (H2) Ekulo Farms Ltd. v. Union Bank (2006) 4 KLR (pt. 215) 1235

 

UNIVERSITY - Actions - Cause of action - Unlawful expulsion - Commencement of action - Such action is to be commenced - By a writ of summons - Under applicable Rules of Court (H3) University of Ilorin v. Oluwadare (2006) 7 KLR (pt. 223) 2951; (2006) 14 NWLR (Pt. 1000) 751

 

WILLS - Succession - Redevelopment of property - Agreement of the parties - As contained in a consent judgment - Cannot be altered by incorporating an agreement - Respondent was not a party to (H5) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

WORDS & PHRASE - “Shall” - Where used in a Statute - Makes that provision mandatory (H5) Onochie v. Odogwu (2006) 2 KLR (pt. 211) 697; (2006) 6 NWLR (Pt. 975) 65

 

WORDS & PHRASE - Doctrine of Lis pendens - Conditions for application - Object of suit - Must be to assert title - To a real property - And the suit must be pending - At time of sale of the property (H3) Enekwe v. Inter. Merchant Bank Ltd (2006) 12 KLR (pt. 226) 3645; (2006) 19 NWLR (Pt. 1013) 146

 

WORDS & PHRASES - Allocation and Distribution - Meaning of - To allocate is to give something as share - To distribute is to share out (H20) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

WORDS & PHRASES - Appeals - Question of fact - Nature of - Where question requires exercise of discretion by court - It is a question of fact - Or mixed law and fact - As exercise of discretion - Would necessarily be based on facts (H3) Union Bank of Nig. Plc v. Sogunro (2006) 7 KLR (pt. 224) 3207; (2006) 16 NWLR (Pt. 1006) 504

 

WORDS & PHRASES - Arguable point - Purport - To say a point is arguable - Does not show ones stand on the point - The stand can only be seen - From the final order - Made on the point (H5) Enekwe v. Inter. Merchant Bank Ltd (2006) 12 KLR (pt. 226) 3645; (2006) 19 NWLR (Pt. 1013) 146

 

WORDS & PHRASES - Bank - Definition of - A financial institution - Can never be a Bank (H1) Associated Discount Ltd v. Amalgamated Trustees Ltd (2006) 5 KLR (pt. 218) 1735; (2006) 10 NWLR (Pt. 989) 635

 

WORDS & PHRASES - Bracket - Definition - Entity sued - Words that appear in bracket - Was for purpose of qualifying that entity - And not meant to be another party (H2) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

WORDS & PHRASES - Cause of action - Meaning of - It is a set of facts and circumstances - Giving rise to the right to file a claim - In court for remedy (H5) Elabanjo & Anor. v. Dawodu (2006) 6 KLR (pt. 221) 2305; (2006) 15 NWLR (Pt. 1001) 76

 

WORDS & PHRASES - Contracts - Illegality - Ex-facie - Definition - Claim for outstanding salary - Is ex-facie legal and enforceable (H1) West Const. Co. Ltd v. Batalha (2006) 4 KLR (pt. 214) 1141; (2006) 9 NWLR (Pt. 986) 595

 

WORDS & PHRASES - Contradictory statement - Meaning of - Is a direct opposite of earlier statement - PW2’s statement did not contradict that of PW1 (H6) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

WORDS & PHRASES - Conversion - Definition of - It is an act of unjustified wilful interference - With a chattel - In a manner inconsistent - With the right of the owner (H5) Boniface Anyika & Co. Lagos Nig. Ltd. v. Uzor (2006) 6 KLR (pt. 220) 2057; (2006) 15 NWLR (Pt. 1003) 560

 

WORDS & PHRASES - Corroboration - Meaning of - It does not mean using the exact words - Unsworn evidence of PW1 in this case - Is properly corroborated (H7) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

WORDS & PHRASES - Credible evidence - Meaning of - It means evidence worthy of belief and credit - It must be naturally reasonable and probable in the circumstances (H7) Agbi v. Ogbeh (2006) 5 KLR (pt. 217) 1573; (2006) 11 NWLR (Pt. 990) 65

 

WORDS & PHRASES - Evidence - Opinion - Meaning of - Within the context of s.183(1), (2) & (3) Evidence Act - In respect of court’s handling - Of evidence of a child in criminal proceeding (H1) Dagayya v. State (2006) 1 KLR (pt. 209) 253; (2006) 7 NWLR (Pt. 980) 637

 

WORDS & PHRASES - Expressio unius est exclusio alterius - Meaning - Express mention of one thing - Automatically excludes any others - Which would have applied - Otherwise by implication - With regard to the same issue (H4) Ehuwa v. Ondo State Inde. Elect. Comm. (2006) 12 KLR (pt. 226) 3573; (2006) 18 NWLR (Pt. 1012) 544

 

WORDS & PHRASES - Federalism - Meaning of - It connotes an association of states - For common purpose - Where the individual states retain - Large measure of their original autonomy (H1) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

WORDS & PHRASES - Hearsay evidence - Meaning - Subramanian case - When an evidence may be hearsay - Includes where it is a statement - Made by a witness who is not called to testify (H1) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

WORDS & PHRASES - Identification - Meaning of - It means a whole series of facts and circumstances - For which a witness associates an accused - With commission of offence charged (H2) Archibong v. State (2006) 5 KLR (pt. 219) 1891; (2006) 14 NWLR (Pt. 1000) 349

 

WORDS & PHRASES - Instrument - Definition - Land Instrument Registration Law s. 2 - A document that purports to transfer interest in land - Is an instrument - No matter its form (H3) Ogbimi v. Niger Construction Ltd (2006) 4 KLR (pt. 216) 1523; (2006) 9 NWLR (Pt. 986) 474

 

WORDS & PHRASES - Issues - Definition - Sufficiency of lone issue - Where lone issue raised by the Supreme Court - Sufficiently determines the case - Academic consideration of the other issues - Is unnecessary (H6) Marine & Gen. Assur. Co. Plc v. Overseas Union Ins. Ltd (2006) 1 KLR (pt. 208) 33; (2006) 4 NWLR (Pt. 971) 622

 

WORDS & PHRASES - Judgments - Instrument - Meaning - Jurisdiction - Lagos High Court Rules O. 46 r. 1 - Court of coordinate jurisdiction - Lacks jurisdiction to determine issue of construction - Of a sister court’s judgment (H1) Race Auto Supply Co. Ltd v. Akibu (2006) 6 KLR (pt. 221) 2383; (2006) 13 NWLR (Pt. 997) 333

 

WORDS & PHRASES - Lis Pendens - Meaning - It is a caveat giving notice - That a particular property - Is the res of a lawsuit - Hence any interest acquired in it - Will be subject to the outcome of the suit (H2) Enekwe v. Inter. Merchant Bank Ltd (2006) 12 KLR (pt. 226) 3645; (2006) 19 NWLR (Pt. 1013) 146

 

WORDS & PHRASES - Litigation - Meaning - Defence counsel - Needs to painstakingly defend the action - Avoiding trickish presentation of the case - Which is not part of good advocacy (H7) Newswatch Comm. Ltd v. Atta (2006) 4 KLR (pt. 216) 1487; (2006) 12 NWLR (Pt. 993) 144

 

WORDS & PHRASES - Mesne profits - When appropriate - They become due to the Landlord - When tenant ceases to hold premises as tenant - To the time when actual possession is given up (H8) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

WORDS & PHRASES - Miscarriage of justice - Definition - A finding that a different result would have been reached - Is not necessary - It is enough if justice according to law is not done (H4) Aigbobahi v. Aifuwa (2006) 2 KLR (pt. 211) 569; (2006) 6 NWLR (Pt. 976) 270

 

WORDS & PHRASES - Nemo dat quod non habet - Meaning of - Having once granted his entire interest in the land to another - A landlord is left with nothing that he may subsequently grant out (H6) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

WORDS & PHRASES - Omnibus ground of appeal - Meaning - Implies that judgment of trial court can not be supported - By the net weight of evidence - Given at the trial (H4) Akinlagun v. Oshoboja (2006) 5 KLR (pt. 217) 1623; (2006) 12 NWLR (Pt. 993) 60

 

WORDS & PHRASES - Perverse decision - Meaning - Where Court of Appeal ignores relevant facts - Supreme Court will set its decision aside (H10) C.S.S. Bookshops v. Trustees Muslim Com. (2006) 4 KLR (pt. 216) 1375; (2006) 11 NWLR (Pt. 992) 530

 

WORDS & PHRASES - Qui prior est tempore - Land law - Competing claims of title - He who is first in time has the strongest right - After a party effectively divests himself of his right in a land - Any further exercise of that right by him is null and void (H5) Olukoya v. Ashiru (2006) 5 KLR (pt. 219) 1973; (2006) 11 NWLR (Pt. 990) 1

 

WORDS & PHRASES - Stay of execution - Definition - Purpose of the order - Is to arrest further action by the court - By Suspending execution of the judgment in issue (H1) T.S.A Ind. Ltd v. Kema Inv. Ltd (2006) 1 KLR (pt. 209) 395; (2006) 2 NWLR (Pt. 964) 300

 

WORDS & PHRASES - Sue - Powers - Income tax - Power of the respondent to sue defaulters - Is not limited to civil actions - But includes criminal prosecution (H2) Unipetrol v. Edo State Int. Revenue (2006) 4 KLR (pt. 215) 1359; (2006) 8 NWLR (Pt. 983) 624

 

WORDS & PHRASES - Tainted witness - Definition of - Self purpose - PW5 does not fit into the definition - As he had no self purpose to serve (H4) Moses v. State (2006) 4 KLR (pt. 215) 1267; (2006) 11 NWLR (Pt. 992) 458

 

WORDS & PHRASES - Tainted witness - Meaning - Judicial precedents - Cases relied upon by appellant - Do not show 1st respondent to be a tainted witness (H7) Ojo v. Gharoro (2006) 3 KLR (pt. 213) 903; (2006) 10 NWLR (Pt. 987) 173

 

WORDS & PHRASES - Tenancy at will - Essence - It is of the essence of a tenancy at will - That both tenant and landlord - Can terminate the tenancy - When any of them likes (H1) Odutola v. Papersack Ltd (2006) 12 KLR (pt. 226) 3703; (2006) 18 NWLR (Pt. 1012) 470

 

WORDS & PHRASES - Torts - Injurious falsehood - Chat - Definition - Allegation that the words published - Came from a chat with the plaintiff - Is not correct (H3) New Breed Org. Ltd v. Erhomosele (2006) 2 KLR (pt. 212) 815; (2006) 5 NWLR (Pt. 974) 499

 

WORDS & PHRASES - Trespass - Definition - Possession - Where sufficient acts of possession is proved - Claim in trespass will succeed (H3) Echere v. Ezirike (2006) 5 KLR (pt. 217) 1659; (2006) 12 NWLR (Pt. 994) 386

 

WORDS & PHRASES - Unitarism - Meaning of - Is a constitutional arrangement - With a very strong central command - Making the regions dependent on the centre (H4) A-G Abia State v. A-G Federation (2006) 7 KLR (pt. 222) 2437; (2006) 16 NWLR (Pt. 1005) 265

 

WRIT OF SUMMONS - Misnomer - Suit against a party in a wrong name - Adding a different party - After expiration of limitation period - Is not a misnomer as in this case (H3) Emespo Ltd v. Corona Shifah-Rtsgellschaft (2006) 5 KLR (pt. 217) 1679; (2006) 11 NWLR (Pt. 991) 365

 

WRIT OF SUMMONS - Originating processes - Service of - Object is to give notice to defendant - Of claims against him - And so afford him opportunity to resist them (H2) Kida v. Ogunmola (2006) 6 KLR (pt. 220) 2137; (2006) 13 NWLR (Pt. 997) 377

 

WRIT OF SUMMONS - Service - Substituted service of - Should not be ordered on defendant - Living outside jurisdiction when writ was issued - As defendant must be within jurisdiction - To be bound by writ so served (H1) Kida v. Ogunmola (2006) 6 KLR (pt. 220) 2137; (2006) 13 NWLR (Pt. 997) 377

 

WRIT OF SUMMONS - Torts - Procedure for filing claims - Where the principal claims are tortious - Writ of summons is proper - Not Fundamental Rights Procedure (H2) Abdulhamid v. Akar (2006) 5 KLR (pt. 217) 1551; (2006) 13 NWLR (Pt. 996) 127

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COMPREHENSIVE INDEX TO SELECTED NOVEL COURT OF APPEAL CASES

 

ACTIONS - Competence - Irregularity - Where Court Registrar failed to endorse the Writ of Summons - The error which is not fundamental - Cannot invalidate the Writ or vitiate the proceedings - And respondent is not responsible for the irregularity (H2) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

ACTIONS - Issues - Suo motu raising of - Roles of counsel and the judge - Where an issue was raised by counsel - Trial judge is at liberty - To search out and rely on any relevant law - In determining the case (H4) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

ACTIONS - Writ of Summons - Issuance of - Duties - Plaintiff has the duty to apply - And pay the necessary fees - While issuance of the Writ of Summons - Is the Court Registrar’s duty (H1) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

ADMINISTRATIVE LAW - Directors - Removal of - Notice of Board meetings - Shall be given to every Director save where he is disqualified - Like the appellant in this case (H10) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

ADMINISTRATIVE LAW - Power to appoint - Master & servant - The Board that has power to appoint - Has reciprocal power to remove - Vide Interpretation Act s. 11(1) (H9) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

AFFIDAVITS - Conflict - Oral evidence - Where there is conflict in the parties’ affidavits - Trial court should call for oral evidence (H4) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

AFFIDAVITS - Proof - Further affidavit - Where necessary but was not filed - Burden of proof is not discharged - And the fact in issue is deemed admitted (H5) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

APPEALS - Issues - Leave - Fresh issue - Where raised without leave of court - And it is not supported by the evidence - It will be struck out as incompetent (H8) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

COMPANY LAW - Appointments - Executive Director - Where appointed the Managing Director - Relinquishes his former appointment (H1) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

COMPANY LAW - Directors - Judicial precedents - Distinguishing - Yalaju-Amaye case is not on all fours with this case - On the issue of status and privileges of Directors (H8) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

COMPANY LAW - Appointment of staff - The Board that has power to appoint - Has reciprocal power to remove - Vide Interpretation Act s. 11(1) (H9) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

COMPANY LAW - Contract of service - Suspension - Dual capacity - Proof - Where appellant was promoted - From office of Executive Director to Managing Director - The prior appointment is terminated - And proof of the contrary rests on him (H4) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

COMPANY LAW - Directors - Executive Directors and the Managing Director - Are employees of the company - And do not have same status - As Directors appointed under ss. 247 - 249 of CAMA (H2) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

COMPANY LAW - Directors - Legal drafting - Clear words - Where the words of the Articles of Association - And relevant law are not ambiguous - They should be given their ordinary meanings - Source of appellant’s misapprehension clarified (H3) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

COMPANY LAW - Directors - Removal of - Notice of Board meetings - Shall be given to every Director save where he is disqualified - Like the appellant in this case (H10) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

COMPANY LAW - Master & servant - Suspension - From holding office of the Managing Director - Entails cessation of the employment contract - With the attached rights and powers (H5) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

COMPANY LAW - Memorandum & Articles of Association - Has effect of a contract under seal - And can only be amended through special resolution (H7) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

CONSTITUTIONAL LAW - Plain words - Of the Statute or Constitution - Should be given their natural meaning - So that s. 36(3)(c) 1999 Constitution - On right to counsel of one’s choice - Applies only to criminal cases (H2) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

CONSTITUTIONAL LAW - Right to counsel of one’s choice - Avails only in criminal proceedings - As court can interfere with choice of counsel - In civil cases where appropriate (H1) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

CONTRACTS - Amendment - Company law - Memorandum & Articles of Association - Has effect of a contract under seal - And can only be amended through special resolution (H7) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

COURT PROCESSES - Writ of Summons - Competence - Irregularity - Where Court Registrar failed to endorse the Writ of Summons - The error which is not fundamental - Cannot invalidate the Writ or vitiate the proceedings - And respondent is not responsible for the irregularity (H2) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

COURT PROCESSES - Writ of Summons - Issuance of - Duties - Plaintiff has the duty to apply - And pay the necessary fees - While issuance of the Writ of Summons - Is the Court Registrar’s duty (H1) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

COURTS - Actions - Competence - Irregularity - Where Court Registrar failed to endorse the Writ of Summons - The error which is not fundamental - Cannot invalidate the Writ or vitiate the proceedings - And respondent is not responsible for the irregularity (H2) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

COURTS - Duty - Affidavits - Conflict - Where there is conflict in the parties’ affidavits - Trial court should call for oral evidence (H4) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

COURTS - Error - Duty of counsel - To disclose interest in a matter - Under s. 10(a) Rules of Professional Conduct - Is towards his own client - The section was wrongfully relied upon - By the trial court (H7) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

COURTS - Findings - Matrimonial causes - Access to children - Was properly granted to appellant - Instead of joint custody with the respondent - And trial court’s general finding - Did not affect the decision (H5) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

COURTS - Issues - Rules of Court - Where referred to by both counsel - Trial Judge’s expressed view - Is not suo motu raising of issue - And his holding should not be misunderstood (H5) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

COURTS - Issues - Suo motu raising of - Roles of counsel and the judge - Where an issue was raised by counsel - Trial judge is at liberty - To search out and rely on any relevant law - In determining the case (H4) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

COURTS - Judgments - Perverseness - Matrimonial causes - Where trial court properly evaluated the evidence - Before finding in respondent’s favour - The judgment is not perverse (H11) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

COURTS - Speculation - Matrimonial causes - Maintenance order - Factors to be considered by court - Include means and earning capacity - Without giving room to speculation (H6) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

DIVORCE - Basis - Behaviour petitioner cannot reasonably live with s. 15(2)(c) - Is objective as itemized in s. 16(1)(a)-(g) of the Act - And appellant failed to establish any of the items (H2) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

DIVORCE - Cruelty - Definition - Though not set out - In grounds of divorce - Under the Act - It can ground a finding of irretrievable breakdown of the marriage (H8) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

DIVORCE - Desertion - Meaning - Irretrievable marriage breakdown - Living apart for continuous period of two years per se - Will not ground divorce (H3) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

DIVORCE - Dissolution of marriage - Facts that must be proved under s. 15(2)(a)-(h) of the Act - Where not proved - Dissolution will not be granted - Notwithstanding that both parties desire divorce (H1) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

EQUITY - Delay - In filing motion to oppose appearance of counsel - Amounts to waiver - As equity helps only the vigilant (H6) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

EVIDENCE - Affidavits - Oral evidence - Where there is conflict in the parties’ affidavits - Trial court should call for oral evidence (H4) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

EVIDENCE - Evaluation - Judgments - Perverseness - Matrimonial causes - Where trial court properly evaluated the evidence - Before finding in respondent’s favour - The judgment is not perverse (H11) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

EVIDENCE - Facts - Establishment of - Divorce - Basis - Behaviour petitioner cannot reasonably live with s. 15(2)(c) - Is objective as itemized in s. 16(1)(a)-(g) of the Act - And appellant failed to establish any of the items (H2) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

EVIDENCE - Proof - Affidavits - Further affidavit - Where necessary but was not filed - Burden of proof is not discharged - And the fact in issue is deemed admitted (H5) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

EVIDENCE - Proof - Master & servant - Suspension - Dual capacity - Proof - Where appellant was promoted - From office of Executive Director to Managing Director - The prior appointment is terminated - And proof of the contrary rests on him (H4) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

EVIDENCE - Proof - Matrimonial causes - Dissolution of marriage - Facts that must be proved under s. 15(2)(a)-(h) of the Act - Where not proved - Dissolution will not be granted - Notwithstanding that both parties desire divorce (H1) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

EVIDENCE - Proof - Matrimonial cruelty - Where respondent’s evidence were not discredited - Trial court rightly relied on them - To find matrimonial cruelty (H9) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

FAIR HEARING - Master & servant - Suspension and termination of servant - Where done in desperate interest of the Master’s business the servant will not be entitled to fair hearing - Prior to the suspension (H6) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

JUDGMENTS - Misunderstanding - Issues - Rules of Court - Where referred to by both counsel - Trial Judge’s expressed view - Is not suo motu raising of issue - And his holding should not be misunderstood (H5) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

JUDGMENTS - Perverseness - Matrimonial causes - Where trial court properly evaluated the evidence - Before finding in respondent’s favour - The judgment is not perverse (H11) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

JUDICIAL PRECEDENTS - Company law - Directors - Judicial precedents - Distinguishing - Yalaju-Amaye case is not on all fours with this case - On the issue of status and privileges of Directors (H8) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

JUSTICE - Miscarriage - Probate - Procedural requirement - Since main object of Rules & Procedure - Is for the attainment of substantial justice - Harmless irregularity - Cannot render the entire suit incompetent (H3) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

JUSTICE - Natural justice - Fair hearing - Suspension and termination of servant - Where done in desperate interest of the Master’s business the servant will not be entitled to fair hearing - Prior to the suspension (H6) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

LEGAL DRAFTING - Company law - Directors - Clear words - Where the words of the Articles of Association - And relevant law are not ambiguous - They should be given their ordinary meanings - Source of appellant’s misapprehension clarified (H3) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

LEGAL PRACTITIONERS - Constitutional law - Right to counsel of one’s choice - Avails only in criminal proceedings - As court can interfere with choice of counsel - In civil cases where appropriate (H1) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

LEGAL PRACTITIONERS - Duty of counsel - To disclose interest in a matter - Under s. 10(a) Rules of Professional Conduct - Is towards his own client - The section was wrongfully relied upon - By the trial court (H7) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

LEGAL PRACTITIONERS - Equity - Delay - In filing motion to oppose appearance of counsel - Amounts to waiver - As equity helps only the vigilant (H6) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

LEGAL PRACTITIONERS - Misunderstanding of holding - Rules of Court - Where referred to by both counsel - Trial Judge’s expressed view - Is not suo motu raising of issue - And his holding should not be misunderstood (H5) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

LEGAL PRACTITIONERS - Parties - Employing services of a counsel - Will be stopped by court - Where that counsel has acted for the opposing party - In that same transaction (H3) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

LEGAL PRACTITIONERS - Roles - Actions - Issues - Suo motu raising of - Roles of counsel and the judge - Where an issue was raised by counsel - Trial judge is at liberty - To search out and rely on any relevant law - In determining the case (H4) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

LEGAL PRACTITIONERS - Statutes - Plain words - Of the Statute or Constitution - Should be given their natural meaning - So that s. 36(3)(c) 1999 Constitution - On right to counsel of one’s choice - Applies only to criminal cases (H2) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

MASTER & SERVANT - Appointment - The Board that has power to appoint - Has reciprocal power to remove - Vide Interpretation Act s. 11(1) (H9) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

MASTER & SERVANT - Company law - Directors - Removal of - Notice of Board meetings - Shall be given to every Director save where he is disqualified - Like the appellant in this case (H10) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

MASTER & SERVANT - Employees - Companies - Directors - Executive Directors and the Managing Director - Are employees of the company - And do not have same status - As Directors appointed under ss. 247 - 249 of CAMA (H2) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

MASTER & SERVANT - Fair hearing - Suspension and termination of servant - Where done in desperate interest of the Master’s business the servant will not be entitled to fair hearing - Prior to the suspension (H6) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

MASTER & SERVANT - Suspension - Dual capacity - Proof - Where appellant was promoted - From office of Executive Director to Managing Director - The prior appointment is terminated - And proof of the contrary rests on him (H4) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

MASTER & SERVANT - Suspension - From holding office of the Managing Director - Entails cessation of the employment contract - With the attached rights and powers (H5) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

MATRIMONIAL CAUSES - Access to children - Was properly granted to appellant - Instead of joint custody with the respondent - And trial court’s general finding - Did not affect the decision (H5) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

MATRIMONIAL CAUSES - Custody of children - Welfare of the children - Is of paramount consideration - Cosmetic arrangement for the children - Will not entitle a party to have custody (H4) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

MATRIMONIAL CAUSES - Cruelty - Proof - Where respondent’s evidence were not discredited - Trial court rightly relied on them - To find matrimonial cruelty (H9) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

MATRIMONIAL CAUSES - Desertion - Respondent’s abandonment of the matrimonial home - Where caused by appellant’s conduct - It is appellant that is in constructive desertion (H10) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

MATRIMONIAL CAUSES - Dissolution of marriage - Facts that must be proved under s. 15(2)(a)-(h) of the Act - Where not proved - Dissolution will not be granted - Notwithstanding that both parties desire divorce (H1) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

MATRIMONIAL CAUSES - Divorce - Basis - Behaviour petitioner cannot reasonably live with s. 15(2)(c) - Is objective as itemized in s. 16(1)(a)-(g) of the Act - And appellant failed to establish any of the items (H2) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

MATRIMONIAL CAUSES - Divorce - Cruelty - Definition - Though not set out - In grounds of divorce - Under the Act - It can ground a finding of irretrievable breakdown of the marriage (H8) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

MATRIMONIAL CAUSES - Divorce - Desertion - Meaning - Irretrievable marriage breakdown - Living apart for continuous period of two years per se - Will not ground divorce (H3) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

MATRIMONIAL CAUSES - Judgments - Perverseness -Where trial court properly evaluated the evidence - Before finding in respondent’s favour - The judgment is not perverse (H11) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

MATRIMONIAL CAUSES - Maintenance - Assessment - Duty of the man - Right of wife and children - Is not contractual - Nor likened to special damages claim - Appellate court will reduce excessive award (H7) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

MATRIMONIAL CAUSES - Maintenance order - Factors to be considered by court - Include means and earning capacity - Without giving room to speculation (H6) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

MOTIONS - Equity - Delay - In filing motion to oppose appearance of counsel - Amounts to waiver - As equity helps only the vigilant (H6) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

PARTIES - Constitutional law - Right to counsel of one’s choice - Avails only in criminal proceedings - As court can interfere with choice of counsel - In civil cases where appropriate (H1) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

PARTIES - Counsel of choice - Employing services of a counsel - Will be stopped by court - Where that counsel has acted for the opposing party - In that same transaction (H3) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

PARTIES - Counsel’s duty to client - To disclose interest in a matter - Under s. 10(a) Rules of Professional Conduct - Is towards his own client - The section was wrongfully relied upon - By the trial court (H7) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

PRACTICE & PROCEDURE - Probate - Procedural requirement - Since main object of Rules & Procedure - Is for the attainment of substantial justice - Harmless irregularity - Cannot render the entire suit incompetent (H3) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

PROBATE - Actions - Procedural requirement - Since main object of Rules & Procedure - Is for the attainment of substantial justice - Harmless irregularity - Cannot render the entire suit incompetent (H3) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

RULES OF COURT - Holding - Issues - Rules of Court - Where referred to by both counsel - Trial Judge’s expressed view - Is not suo motu raising of issue - And his holding should not be misunderstood (H5) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

RULES OF COURT - Probate - Procedural requirement - Since main object of Rules & Procedure - Is for the attainment of substantial justice - Harmless irregularity - Cannot render the entire suit incompetent (H3) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

STATUTES - Company law - Directors - Clear words - Where the words of the Articles of Association - And relevant law are not ambiguous - They should be given their ordinary meanings - Source of appellant’s misapprehension clarified (H3) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

STATUTES - Plain words - Of the Statute or Constitution - Should be given their natural meaning - So that s. 36(3)(c) 1999 Constitution - On right to counsel of one’s choice - Applies only to criminal cases (H2) Ikpana v. Reg. Trustees Presbyterian Church of Nigeria (2006) 9 KLR (pt. 225) 3441 CA

 

STATUTES - Power to appoint - Master & servant - The Board that has power to appoint - Has reciprocal power to remove - Vide Interpretation Act s. 11(1) (H9) Longe v. First Bank (2006) 3 KLR (pt. 213) 999 CA

 

WORDS & PHRASES - Divorce - Cruelty - Definition - Though not set out - In grounds of divorce - Under the Act - It can ground a finding of irretrievable breakdown of the marriage (H8) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

WORDS & PHRASES - Divorce - Desertion - Meaning - Irretrievable marriage breakdown - Living apart for continuous period of two years per se - Will not ground divorce (H3) Nanna v. Nanna (2006) 4 KLR (pt. 214) 1169 CA

 

WRIT OF SUMMONS - Competence - Irregularity - Where Court Registrar failed to endorse the Writ of Summons - The error which is not fundamental - Cannot invalidate the Writ or vitiate the proceedings - And respondent is not responsible for the irregularity (H2) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

WRIT OF SUMMONS - Issuance of - Duties - Plaintiff has the duty to apply - And pay the necessary fees - While issuance of the Writ of Summons - Is the Court Registrar’s duty (H1) Igwe Uzur & Sons Ltd v. Onwuzor (2006) 9 KLR (pt. 225) 3427 CA

 

 

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INDEX OF SUBJECT MATTER ALL SC 2006 DECISIONS

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INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

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INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS

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INDEX OF SUBJECT MATTER TO NOVEL CA DECISIONS