COMPREHENSIVE INDEX TO ALL SUPREME COURT 2007 DECISIONS

ACTIONS - Abuse - Fraud - Appeals - Where issue of fraud was not raised promptly - But a party rather appealed against the judgment - To file a fresh suit just to raise issue of fraud - Is an abuse of court's process (H6) Ntuks v. NPA (2007) 5 KLR (pt. 237) 2367; (2007) 13 NWLR (Pt. 1050) 392

ACTIONS - Abuse of process - Judgments - Subsisting judgment - Move to set it aside by fresh action - After an appeal against that judgment was dismissed - Is an abuse of court's process (H4) Ntuks v. NPA (2007) 5 KLR (pt. 237) 2367; (2007) 13 NWLR (Pt. 1050) 392

ACTIONS - Appeals - Competence - Period of time - Where an interlocutory appeal - Is filed more that 14 days after court's order - It should be struck out as incompetent (H5) Alor v. Ngene (2007) 2 KLR (pt. 229) 681; (2007) 17 NWLR (Pt. 1062) 163

ACTIONS - Appeals - Forfeiture of property - Cause of action arose in 1977 - When the land in dispute was forfeited - As properly held by Court of Appeal (H4) Abubakar v. Bebeji Oil Ltd (2007) 2 KLR (pt. 229) 625; (2007) 18 NWLR (Pt. 1066) 319

ACTIONS - Appeals - Interlocutory applications - Chieftaincy matters - Where a matter comes before the Court of Appeal as interlocutory - And it ordered a retrial on the merits - It should not determine issue raised in the main trial (H2) Military Admin. Ekiti State v. Aladeyelu (2007) 5 KLR (pt. 237) 2339; (2007) 14 NWLR (Pt. 1055) 619

ACTIONS - Appellate court - Duty - Perverse finding of lower court - In awarding what was never claimed - Should be set aside (H8) Civil Design Constr. Ltd v. SCOA Ltd (2007) 2 KLR (pt. 230) 889; (2007) 6 NWLR (Pt. 1030) 300

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

ACTIONS - Cause of action - Meaning of - It is the aggregate of legally recognized facts - That give plaintiff right to seek the remedy (H1) Chevron Ltd v. Lonestar Ltd (2007) 7 KLR (pt. 243) 3437; (2007) 16 NWLR (Pt. 1059) 168

ACTIONS - Cause of action - Definition - Determination of - Is by examination of writ of summons and statement of claim - And the facts must give rise to a claim - That can be enforced in a court of law (H3) Abubakar v. Bebeji Oil Ltd (2007) 2 KLR (pt. 229) 625; (2007) 18 NWLR (Pt. 1066) 319

ACTIONS - Cause of action - Proposition - That plaintiff has no reasonable cause of action - Can only be based on the statement of claim - Irrespective of defendant's defence (H2) Chevron Ltd v. Lonestar Ltd (2007) 7 KLR (pt. 243) 3437; (2007) 16 NWLR (Pt. 1059) 168

ACTIONS - Cause of action - Validity of - Contracts - Averments in the statement of claim - Show a breach of contract - Which is a valid cause of action to be heard - Even if the action may fail (H3) Chevron Ltd v. Lonestar Ltd (2007) 7 KLR (pt. 243) 3437; (2007) 16 NWLR (Pt. 1059) 168

ACTIONS - Causes of action - Joinder of - Is not the case in this matter - But it is a case of two individuals - Joining to prosecute their similar claim (H4) Ogunyade v. Oshunkeye (2007) 7 KLR (pt. 242) 3407; (2007) 15 NWLR (Pt. 1057) 218

ACTIONS - Claims - Title - Identity of the land - Compensation for damages to crops and fish ponds - Being the claim before the court - Issues of title and identity - Do not arise (H1) Ibator v. Barakuro (2007) 4 KLR (pt. 234) 1753; (2007) 9 NWLR (Pt. 1040) 475

ACTIONS - Commencement - Originating summons - Is used in commencing proceedings - Where facts are not in dispute - The cynosure is applicable law and its construction (H1) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

ACTIONS - Commencement - Originating summons - Is used in matters

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

where facts are not in dispute - Issue of jurisdiction is better handled - Together with the merits of the case (H5) Dapianlong v. Dariye (2007) 4 KLR (pt. 234) 1669; (2007) 8 NWLR (Pt. 1036) 332

ACTIONS - Commencement - Originating Summons - Use of - Is not used in commencing hostile proceedings - Where the facts are in dispute as in this case (H1) Osunbade v. Oyewunmi (2007) 5 KLR (pt. 238) 2491

ACTIONS - Competence of plaintiff - Removal of Governor - Speaker of the House of Assembly - In view of his constitutional responsibilities - Has sufficient interest - To complain vide an action - On the breach of s.188 1999 Constitution (H14) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

ACTIONS - Constitution - Immunity of Governor - Judicial precedents - Tinubu case - Diction that supports no disability against Governor - To sue under s. 308 of 1999 Constitution is correct - While contrary dicta are rejected (H4) Global Comm. Ltd v. Duke (2007) 7 KLR (pt. 242) 3343; (2007) 16 NWLR (Pt. 1059) 22

ACTIONS - Constitution - Interpretation - Governor's immunity - Courts - Equity, fairness, etc. - Is not a principle of constitutional interpretation - Governor is not prohibited from suing personally - Under s. 308 of 1999 Constitution (H3) Global Comm. Ltd v. Duke (2007) 7 KLR (pt. 242) 3343; (2007) 16 NWLR (Pt. 1059) 22

ACTIONS - Constitutional law - Counter claims - Declarations thereunder that have merit - Will be granted by the Supreme Court - While dismissing the rest of the claims (H10) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

ACTIONS - Constitutional law - Jurisdiction - Court of Appeal erred - In linking present case - To class of matters that should be tried - By Election Tribunals under s. 285 (1) (b) 1999 Constitution - Unto denial of its and trial court's jurisdiction (H3) Ladoja v. INEC (2007) 7 KLR (pt. 243) 3461; (2007) 12 NWLR (Pt. 1047) 115

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

ACTIONS - Contracts - Diplomatic immunity - Where the contract provided that any dispute - Could be litigated upon - Appellant cannot claim that it has not waived its immunity (H3) African Reins. Corp. v. J.D.P. Ltd (2007) 5 KLR (pt. 236) 2089; (2007) 11 NWLR (Pt. 1045) 224

ACTIONS - Conversion - Damages - Money had and received - Plaintiff is entitled to value of the chattel at date of conversion - Plus any consequential damages (H4) Civil Design Constr. Ltd v. SCOA Ltd (2007) 2 KLR (pt. 230) 889; (2007) 6 NWLR (Pt. 1030) 300

ACTIONS - Courts - Appeals - Relief not claimed - Is not granted by the Court - But that is not the case here - Where Court of Appeal merely varied a relief - Granted by trial Court - Pursuant to its statutory powers (H4) Etajata v. Ologbo (2007) 6 KLR (pt. 240) 2829; (2007) 16 NWLR (Pt. 1061) 554

ACTIONS - Courts - Evidence - Where evidence given is not challenged by opposite party - The court is at liberty - To act on the unchallenged evidence (H7) Ogunyade v. Oshunkeye (2007) 7 KLR (pt. 242) 3407; (2007) 15 NWLR (Pt. 1057) 218

ACTIONS - Courts - Negligence - Failure to supply the particulars - And failure of court to pronounce on the omission - Did not occasion miscarriage of justice - To warrant dismissal of the suit (H2) A.G. Leventis Plc v. Akpu (2007) 6 KLR (pt. 240) 2763; (2007) 17 NWLR (Pt. 1063) 416

ACTIONS - Courts - Parties - Hearing - Ought not be denied a party - Save where the action is devoid of all merits - Even on the supposition that the statement of claim is admitted (H4) Chevron Ltd v. Lonestar Ltd (2007) 7 KLR (pt. 243) 3437; (2007) 16 NWLR (Pt. 1059) 168

ACTIONS - Diplomatic immunity - Exclusion of - Fantaye case - Immunity granted appellant excludes its commercial activities - Appellant successfully raised its immunity in Fantaye case - Because waiver was not proved (H2) African Reins. Corp. v. J.D.P. Ltd (2007) 5 KLR (pt. 236) 2089; (2007) 11 NWLR (Pt. 1045) 224

ACTIONS - Diplomatic immunity - How it was developed - State can

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

sue in foreign courts - But cannot be sued there - Save they voluntarily submit to jurisdiction (H1) African Reins. Corp. v. J.D.P. Ltd (2007) 5 KLR (pt. 236) 2089; (2007) 11 NWLR (Pt. 1045) 224

ACTIONS - Discontinuance - Leave of court - Where mandatory that plaintiff should apply for leave - Court shall exercise judicial discretion - As to whether to strike out or dismiss the action (H3) Babatunde v. Pan Atlantic Shipping Ltd (2007) 4 KLR (pt. 234) 1623; (2007) 13 NWLR (Pt. 1050) 113

ACTIONS - Discontinuance - Notice of under O. 23 r. 1 Lagos High Court Rules - Both limbs thereof permit termination of the action - Upon proper filing and service of the Notice by the plaintiff (H2) Babatunde v. Pan Atlantic Shipping Ltd (2007) 4 KLR (pt. 234) 1623; (2007) 13 NWLR (Pt. 1050) 113

ACTIONS - Discontinuance - Statement of defence - Though filed out of time by 3rd defendant - Consequences of the Notice of Discontinuance - Should be made same on all the defendants - By trial court (H4) Babatunde v. Pan Atlantic Shipping Ltd (2007) 4 KLR (pt. 234) 1623; (2007) 13 NWLR (Pt. 1050) 113

ACTIONS - Discontinuance Notice - Plaintiff has the right to discontinue his action - As a result of some factors - Such as to retain the right to re-litigate the claim in due course (H1) Babatunde v. Pan Atlantic Shipping Ltd (2007) 4 KLR (pt. 234) 1623; (2007) 13 NWLR (Pt. 1050) 113

ACTIONS - Dismissal - Title - Identity of the land - Burden of proof is on plaintiff - And failure to prove exact identity of the land being claimed - Will ground dismissal of the action (H1) Gbadamosi v. Dairo (2007) 1 KLR (pt. 228) 263; (2007) 3 NWLR (Pt. 1021) 282

ACTIONS - Dismissal of - Courts - Negligence - Failure to supply the particulars - And failure of court to pronounce on the omission - Did not occasion miscarriage of justice - To warrant dismissal of the suit (H2) A.G. Leventis Plc v. Akpu (2007) 6 KLR (pt. 240) 2763; (2007) 17 NWLR (Pt. 1063) 416

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

ACTIONS - Dispute - Pleadings - Controversy between States and Federation s. 232(1) 1999 Constitution - Is not disclosed in the Statement of Claim (H2) A-G Abia State v. A-G Federation (2007) 2 KLR (pt. 230) 853; (2007) 6 NWLR (Pt. 1029) 200

ACTIONS - Estoppel - Res judicata - Meaning and purpose - It can be pleaded to raise objection to court's jurisdiction - It is a shield and not a sword (H6) Yusuf v. Adegoke (2007) 4 KLR (pt. 235) 2041; (2007) 11 NWLR (Pt. 1045) 332

ACTIONS - Evidence - Admissibility - Documents - Documents made in anticipation of a suit - By an interested party - Are inadmissible (H10) Ugwu v. Ararume (2007) 6 KLR (pt. 239) 2635; (2007) 12 NWLR (Pt. 1048) 365

ACTIONS - Fundamental rights - Enforcement of - It should be the main not accessory claim - Court that has no jurisdiction over the main claim - Should not dabble into fundamental rights issue (H3) Gafar v. Government of Kwara State (2007) 2 KLR (pt. 229) 743; (2007) 4 NWLR (Pt. 1024) 375

ACTIONS - Fundamental rights - Jurisdiction - Claims - Courts - Where the Federal High Court cannot determine breach of the rights - Unless it first goes into the main complaint - That falls outside its powers - It has no jurisdiction (H4) Gafar v. Government of Kwara State (2007) 2 KLR (pt. 229) 743; (2007) 4 NWLR (Pt. 1024) 375

ACTIONS - Governor's immunity - S. 308 of 1999 Constitution - Does not avail - Where the wrong has been in existence - Before the election (H2) Amaechi v. INEC (2007) 10-12 KLR (pt. 245) 3999

ACTIONS - Immunity - Against institution of criminal or civil proceedings - Is absolutely conferred on State Governor and some others - By s. 308 of 1999 Constitution (H1) Global Comm. Ltd v. Duke (2007) 7 KLR (pt. 242) 3343; (2007) 16 NWLR (Pt. 1059) 22

ACTIONS - Injunctions - Ex parte order - Variation - Grounds on which a court will vary its interim order - Include suppression or misrepresen

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

tation of material facts - Which factor does not avail in this case (H5) UTB Ltd v. Dolmetsch Pharm. Ltd (2007) 6 KLR (pt. 241) 3133; (2007) 16 NWLR (Pt. 1061) 520

ACTIONS - Issue estoppel - Trademark - Subsequent registration of - Is a new event that has made present circumstances different - From issues considered in earlier matter that went up to the Supreme Court (H4) Omnia Ltd v. Dyktrade Ltd (2007) 7 KLR (pt. 243) 3635; (2007) 15 NWLR (Pt. 1058) 576

ACTIONS - Judgments - Actions - Striking out - Judicial precedents - Trial Court merely struck out appellant's action - Without making findings on the subject matter - Thereby making Ebokam case not applicable (H3) Alor v. Ngene (2007) 2 KLR (pt. 229) 681; (2007) 17 NWLR (Pt. 1062) 163

ACTIONS - Judgments - Award - Particularization - Court is not to award more than the claim - Awarding trespass and injunction claimed with particularization - Is not wrongful (H2) Ogunyade v. Oshunkeye (2007) 7 KLR (pt. 242) 3407; (2007) 15 NWLR (Pt. 1057) 218

ACTIONS - Jurisdiction - Admiralty - Contracts - Plaintiff's claim is for breach of contract - And has nothing to do - With Federal High court's admiralty jurisdiction (H5) Chevron Ltd v. Lonestar Ltd (2007) 7 KLR (pt. 243) 3437; (2007) 16 NWLR (Pt. 1059) 168

ACTIONS - Jurisdiction - Cause of action - Judicial precedents - Detinue - As cause of action against 2nd respondent - Occurred in Anambra State - It is that State that will determine the case - And Fadayomi case is not relevant here (H1) Capital Ltd v. Shelter Ltd (2007) 1 KLR (pt. 227) 1; (2007) 3 NWLR (Pt. 1020) 148

ACTIONS - Jurisdiction - Courts - Competence - Where no cause of action exists - Appellate court will nullify trial court's decision - As issue of jurisdiction - Can be raised at any stage (H3) Forestry Research Institute v. Gold (2007) 5 KLR (pt. 237) 2313; (2007) 11 NWLR (Pt. 1044) 1

ACTIONS - Jurisdiction - Dispute - Statement of claim - Disclosed no

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

dispute - Between Kano State and the Federation - So as to invoke Supreme Court's original jurisdiction (H3) A-G Kano State v. A-G Federation (2007) 3 KLR (pt. 231) 1105; (2007) 6 NWLR (Pt. 1029) 164

ACTIONS - Jurisdiction - Elections - Declaratory order - Nature - Plaintiff who intends to have an enforceable legal right - Must also seek injunctive order and or Damages - High Court can entertain this action (H4) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

ACTIONS - Jurisdiction - Federal High Court - Ss. 180 & 285 of 1999 Constitution - Looking at the claim which is predicated on s. 180 (2) (a) - Reliefs Sought are within Federal High Court's jurisdiction - Court of Appeal was wrong in holding otherwise (H2) Ladoja v. INEC (2007) 7 KLR (pt. 243) 3461; (2007) 12 NWLR (Pt. 1047) 115

ACTIONS - Jurisdiction - Relevance of - Tool for its determination - Is the plaintiff's case - Which where commenced by originating summons - Supporting affidavit should be considered (H5) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

ACTIONS - Jurisdiction - Reliefs sought - Have nothing to do with the defendant - And arising from criminal proceedings - Supreme Court is barred from exercising original jurisdiction - Vide proviso to s. 232 (2) 1999 Constitution (H4) A-G Kano State v. A-G Federation (2007) 3 KLR (pt. 231) 1105; (2007) 6 NWLR (Pt. 1029) 164

ACTIONS - Jurisdiction - Striking out - Where a court holds that it has no jurisdiction - It should strike out the action - And not dismiss it - Since dismissal should flow from adjudication on the merits (H2) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

ACTIONS - Jurisdiction - Supreme Court's original jurisdiction - Does not avail in this action - Where the proper body to be sued - Is the INEC (Independent National Electoral Commission) (H2) A-G Anambra v. A-G Federation (2007) 6 KLR (pt. 241) 3035; (2007) 12 NWLR (Pt. 1047) 1

ACTIONS - Jurisdiction - Tenure of Governor's office - Where appel

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

lant seeks Constitutional pronouncement - As to his tenure in office - Federal High Court has jurisdiction - Lower courts' contrary decision is set aside (H7) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

ACTIONS - Jurisdiction - Writ of summons - And statement of claim - Are the basis for determining the Court's jurisdiction - Save there be statutory preclusion (H1) Balogun v. Ode (2007) 2 KLR (pt. 230) 869; (2007) 4 NWLR (Pt. 1023) 1

ACTIONS - Leases - Signature - Declaration that lease is void - On ground of signature thereon not being appellant's should be dismissed - As appellant failed to prove - That the signature on top of his name - Was not signed by him (H2) Ayanru v. Mandilas Ltd (2007) 4 KLR (pt. 235) 1893; (2007) 10 NWLR (Pt. 1043) 462

ACTIONS - Legal personality - Proper defendant - Where suit is not against the EFCC - Who is the proper person to be sued vide s. 2(a) & (b) EFCC Act 2004 - Preliminary objection will be sustained (H3) A-G Abia State v. A-G Federation (2007) 2 KLR (pt. 230) 853; (2007) 6 NWLR (Pt. 1029) 200

ACTIONS - Limitation - Chieftaincy matters - Statute bar - Where main case in not against a 1981 White Paper - But against attempt to register the new declaration in 1995 - Present action filed in 1995 is not Statute barred (H1) Military Admin. Ekiti State v. Aladeyelu (2007) 5 KLR (pt. 237) 2339; (2007) 14 NWLR (Pt. 1055) 619

ACTIONS - Limitation - Contracts - S. 2 Public Officers (Protection) Act - That can make a suit statute barred - Does not apply to action for breach of contract (H2) Osun State Govt. v. Dalami Ltd (2007) 3 KLR (pt. 231) 1199; (2007) 9 NWLR (Pt. 1038) 66

ACTIONS - Limitation - Statute bar - Public Officers (Protection) Act s. 2(a) - Removes right of action not commenced within 3 months - Of accrual of the cause of action (H1) Osun State Govt. v. Dalami Ltd (2007) 3 KLR (pt. 231) 1199; (2007) 9 NWLR (Pt. 1038) 66

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

ACTIONS - Limitation - Statute bar - Public Officers Protection Act - Action filed outside period prescribed by the Act - Is statute barred and a nullity - As trial court lacked jurisdiction (H2) Forestry Research Institute v. Gold (2007) 5 KLR (pt. 237) 2313; (2007) 11 NWLR (Pt. 1044) 1

ACTIONS - Limitation of - Definition - Plaintiff is obliged to seek prompt remedy within time limited by law - Lest his right of action becomes unenforceable - Defendant is to plead limitation - Or it is deemed waived (H1) Bakare v. NRC (2007) 7 KLR (pt. 242) 3245; (2007) 17 NWLR (Pt. 1064) 606

ACTIONS - Lis - Existence of - Where 1st respondent's claim - And evidence on record show good cause of action - Existence of a lis is established (H2) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

ACTIONS - Lis or cause of action - Meaning of - Includes controversy - Plaintiff must show the injury he sustained - And an interest that is above that of the general public (H1) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

ACTIONS - Locus standi - Meaning - Party who seeks declaratory relief under the Constitution - Must show vide his statement of claim - That he has a substantial Constitutional interest - That is violated or breached to his detriment (H13) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

ACTIONS - Master & servant - Cause of action - Two factors it is made of - Are the wrongful act and consequential damage - Lower court rightly found master and servant - As the cause of action in this case (H2) Bakare v. NRC (2007) 7 KLR (pt. 242) 3245; (2007) 17 NWLR (Pt. 1064) 606

ACTIONS - Master & servant - Statute - Applicability - Judicial precedents - NRC Act s. 83 (1) and NBC case - Are applicable to this case - To the effect that action not commenced within 12 months - Will be statute barred (H4) Bakare v. NRC (2007) 7 KLR (pt. 242) 3245; (2007) 17 NWLR (Pt. 1064) 606

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

ACTIONS - Moral liability - Negligence - Pleadings - To succeed - Plaintiff must show the duty of care owed to him and the breach - Which duty must be actionable - And not a moral liability (H4) UTB v. Ozoemena (2007) 1 KLR (pt. 228) 585; (2007) 3 NWLR (Pt. 1022) 448

ACTIONS - Negligence - Particulars - Where negligence is alleged - It must be pleaded and specific particulars furnished - Even where the allegation is not based on Tort (H1) A.G. Leventis Plc v. Akpu (2007) 6 KLR (pt. 240) 2763; (2007) 17 NWLR (Pt. 1063) 416

ACTIONS - Relief not claimed - Title - Pleading document as a receipt - Equitable relief - Where tendered document of title - Could ground an equitable relief - Court will not order specific performance - As the relief was not claimed (H4) Akinduro v. Alaya (2007) 6 KLR (pt. 239) 2569; (2007) 15 NWLR (Pt. 1057) 312

ACTIONS - Reliefs - Judgments - Propriety of - Issues raised - Must be resolved - To be sustained - A judgment must be related to the reliefs sought (H1) Ogunyade v. Oshunkeye (2007) 7 KLR (pt. 242) 3407; (2007) 15 NWLR (Pt. 1057) 218

ACTIONS - Reliefs - Declaratory relief - Onus of proof on plaintiff - Must be by credible evidence - For court to grant the relief - Not the admission of defendant (H1) Ayanru v. Mandilas Ltd (2007) 4 KLR (pt. 235) 1893; (2007) 10 NWLR (Pt. 1043) 462

ACTIONS - Reliefs - Declaratory reliefs - Plaintiff must have necessary standing to sue - Judgment which is discretionary - Will only be granted to a party - Fully entitled to exercise of Court's discretion (H3) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

ACTIONS - Reliefs - Parties and court - Are bound by the case presented and issues raised thereby - Instant Case deals with trial court's lack of jurisdiction (H1) Associated Ltd v. Amalgamated Ltd (2007) 7 KLR (pt. 242) 3185; (2007) 15 NWLR (Pt. 1056) 118

ACTIONS - Reliefs not claimed - Bailment - Where not claimed by either

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

party - Court of Appeal was wrong - In introducing the issue and resolving it suo motu (H5) Adetoun O. Ltd v. Nigerian Breweries Plc (2007) 1 KLR (pt. 228) 217; (2007) 5 NWLR (Pt. 1027) 415

ACTIONS - Remedy - Interest of the State - Wrong done to a Governor personally - Should be pursued by him vide personal legal action - Without converting it into a State matter (H5) A-G Anambra v. A-G Federation (2007) 6 KLR (pt. 241) 3035; (2007) 12 NWLR (Pt. 1047) 1

ACTIONS - Retrial - Consequence of a retrial or de novo order - Is as if no trial whatsoever has been had - So that earlier part heard trials - Are not part of the new records (H5) Babatunde v. Pan Atlantic Shipping Ltd (2007) 4 KLR (pt. 234) 1623; (2007) 13 NWLR (Pt. 1050) 113

ACTIONS - Self help - Hire purchase - Seizure - Applicable law - Is the Hire Purchase Act not the common law - And no law authorizes repossession by seizure - But as provided by law (H3) Civil Design Constr. Ltd v. SCOA Ltd (2007) 2 KLR (pt. 230) 889; (2007) 6 NWLR (Pt. 1030) 300

ACTIONS - Statute bar - Action commenced more than 12 months - After accrual of cause of action - Is statute barred vide s. 83 (1) NRC Act (H5) Bakare v. NRC (2007) 7 KLR (pt. 242) 3245; (2007) 17 NWLR (Pt. 1064) 606

ACTIONS - Striking out - Res judicata - Jurisdiction - Where a suit is struck out for want of jurisdiction - Plaintiff's only remedy is to appeal - As a fresh suit will be caught by res judicata plea (H7) Abubakar v. Bebeji Oil Ltd (2007) 2 KLR (pt. 229) 625; (2007) 18 NWLR (Pt. 1066) 319

ACTIONS - Summary judgments - Purpose of - Courts resort to summary judgment - For quick disposition of cases - Where there is no dispute as to material facts - Or if only question of law is involved (H1) UBA Plc v. Jargaba (2007) 5 KLR (pt. 238) 2505; (2007) 11 NWLR (Pt. 1045) 247

ACTIONS - Supreme Court - Jurisdiction - Parties - Dispute - There is no dispute as envisaged by s. 232 1999 Constitution - Between the present

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

parties - To warrant exercise of Supreme Court's original jurisdiction (H3) A-G Anambra v. A-G Federation (2007) 6 KLR (pt. 241) 3035; (2007) 12 NWLR (Pt. 1047) 1

ACTIONS - Tenure of Governor's Office - Election Tribunals - S. 184 of 1999 Constitution - Question of appellant's four year term as Governor - Is not for Election Tribunal to determine - Given the circumstances of this case (H5) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

ACTIONS - Title - Claim to - Must be to a defined area with certainty - Test being whether a surveyor - Can produce an accurate plan from the record (H1) Ogedengbe v. Balogun (2007) 3 KLR (pt. 232) 1393; (2007) 9 NWLR (Pt. 1039) 380

ACTIONS - Title - Counter claim - Pleadings - Mere averment in statement of defence - Cannot properly raise the issue of title - Which was not raised in the plaintiff's suit - Without a counter claim (H2) Ibator v. Barakuro (2007) 4 KLR (pt. 234) 1753; (2007) 9 NWLR (Pt. 1040) 475

ACTIONS - Undefended suits - Intention to defend - Affidavit in support thereof - Must disclose a defence on the merit - For the matter to be transferred to general cause list - Bare denial or vague allegation of fraud - Will not suffice (H2) UBA Plc v. Jargaba (2007) 5 KLR (pt. 238) 2505; (2007) 11 NWLR (Pt. 1045) 247

ACTIONS - Undefended suits - Leave to defend - Liberality of courts in granting leave - Can only be exercised - Where triable issues are disclosed vide defendant's affidavits (H6) UBA Plc v. Jargaba (2007) 5 KLR (pt. 238) 2505; (2007) 11 NWLR (Pt. 1045) 247

ACTIONS - Withdrawn case - Dismissal of - By trial Court - Is wrong in this case - Since the Rules of Court contemplated striking out - And litis contestatio was not reached by the parties (H6) Babatunde v. Pan Atlantic Shipping Ltd (2007) 4 KLR (pt. 234) 1623; (2007) 13 NWLR (Pt. 1050) 113

ADMINISTRATION OF ESTATES - Succession - Administration of Estate

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

Law, Lagos - S. 49(5) thereof does not legislate on matters - Preserved for the National Assembly exclusively under items 60 & 67 of 1979 Constitution - While it deals with intestate succession - Items 60 & 67 pertain to formation of marriage (H1) Obusez v. Obusez (2007) 4 KLR (pt. 235) 1971; (2007) 10 NWLR (Pt. 1043) 430

ADMINISTRATION OF ESTATES - Succession - Administration of Estate Law - Purport of - Is to exclude customary law - In relation to estate of persons to whom that law applies (H3) Obusez v. Obusez (2007) 4 KLR (pt. 235) 1971; (2007) 10 NWLR (Pt. 1043) 430

ADMINISTRATION OF ESTATES - Succession - Intestate - Appointment of administrators - Wife's insensitivity to husband's death - Trial court's discretion in appointing friend of deceased - As coadministrator with the widow - May not be interfered with (H4) Obusez v. Obusez (2007) 4 KLR (pt. 235) 1971; (2007) 10 NWLR (Pt. 1043) 430

ADMINISTRATIVE LAW - Constitution - Governor's four-year term - Calculation of vide s. 180 (2) (a) of 1999 Constitution - For a person first elected as Governor - Begins to run from date of his taking Oath of Office (H11) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

ADMINISTRATIVE LAW - Constitutional law - Federal Government - Single executive - Implications - Vice President's relationship with the President - Should be one of unity throughout their joint term in office (H7) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

ADMINISTRATIVE LAW - Constitutional law - Vice President - While still in office - Cannot openly criticize the President - Or join another political party - As wrongfully held by the lower court (H8) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

ADMINISTRATIVE LAW - Powers - Criminal procedure - Power to institute - Under the 1999 Constitution - Lies on the Attorney-General - Who may exercise it through officers of his department (H3) FRN v.

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

Adewunmi (2007) 4 KLR (pt. 233) 1575; (2007) 10 NWLR (Pt. 1042) 399

ADMINISTRATIVE LAW - Powers - Elections - Disqualification of candidates - Under s. 137(1) 1999 Constitution - Is not conferred upon respondent - By this or any other section or schedule of the Constitution (H2) Action Congress v. INEC (2007) 6 KLR (pt. 241) 2957; (2007) 12 NWLR (Pt. 1048) 220

ADMINISTRATIVE LAW - Powers - Public servants - Established Federal Government Service - Basis of appointments - Demands that 1st appellant acts under relevant statute - Or its action will be ultra vires ( H3) CBN v. Igwillo (2007) 5 KLR (pt. 237) 2275; (2007) 14 NWLR (Pt. 1054) 393

ADMINISTRATIVE LAW - Roles - Constitutional law - Impeachment - Powers - Vice President - Performs roles assigned by the President - Unlike the Ministers President cannot remove him from office - It is through impeachment by the National Assembly - Under s. 143 1999 Constitution (H6) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

ADMIRALTY - Actions - Jurisdiction - Contracts - Plaintiff's claim is for breach of contract - And has nothing to do - With Federal High court's admiralty jurisdiction (H5) Chevron Ltd v. Lonestar Ltd (2007) 7 KLR (pt. 243) 3437; (2007) 16 NWLR (Pt. 1059) 168

ADMIRALTY - Appeals - Issues - Fresh issue - Carriage of goods by sea - Issue of limitation of liability and defence open to appellants - Not being raised before lower court - Is a fresh issue that requires leave of court (H2) M/V Gongola Hope v. Smurfit Cases Ltd (2007) 6 KLR (pt. 239) 2609; (2007) 15 NWLR (Pt. 1056) 189

ADMIRALTY - Liability - Agency - A principal's liability - Does not automatically attach to an agent - Vide s. 16(3) Admiralty Jurisdiction Act (H8) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

AFFIDAVITS - Admissions - Exhibits attached to affidavits - Where they contain admission by 2nd appellant - As to the amount claimed - No further proof of that fact is required (H5) UBA Plc v. Jargaba (2007) 5 KLR (pt. 238) 2505; (2007) 11 NWLR (Pt. 1045) 247

AFFIDAVITS - Appeals - Concurrent finding - Documents - Evaluation of evidence based on documents - Can be done by appellate Court - In spite of an existing concurrent finding (H4) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

AFFIDAVITS - Counter affidavit - Normally follows an affidavit as a matter of course - Save where a party has no evidence - That can silence that affidavit (H24) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

AFFIDAVITS - Depositions - That contain legal arguments - Should be struck out - For offending s. 87 Evidence Act (H1) A-G Anambra v. A-G Federation (2007) 6 KLR (pt. 241) 3035; (2007) 12 NWLR (Pt. 1047) 1

AFFIDAVITS - Depositions - Undefended suits - Intention to defend - Notice of - Depositions in the affidavit - Did not disclose any defence on the merit - Vide O.24 r. 9 - To justify transferring suit to general cause list (H1) Okoli v. Morecab Finance Ltd (2007) 5 KLR (pt. 236) 2145; (2007) 14 NWLR (Pt. 1053) 37

AFFIDAVITS - Nature - Extraneous matter - Objection against some depositions - As not complying with the Evidence Act - Is not tenable - And the objection being new - Leave of court ought to be obtained (H17) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

AFFIDAVITS - Undefended suits - Affidavit in support thereof - Must disclose a defence on the merit - For the matter to be transferred to general cause list - Bare denial or vague allegation of fraud - Will not suffice (H2) UBA Plc v. Jargaba (2007) 5 KLR (pt. 238) 2505; (2007) 11 NWLR (Pt. 1045) 247

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

AFFIDAVITS - Undefended suits - Leave to defend - Liberality of courts in granting leave - Can only be exercised - Where triable issues are disclosed vide defendant's affidavits (H6) UBA Plc v. Jargaba (2007) 5 KLR (pt. 238) 2505; (2007) 11 NWLR (Pt. 1045) 247

AFFIDAVITS - Undefended suits - Triable issues - Intention to defend - Where no triable issues were raised - But defendants' affidavit rather supported plaintiff's claim - Leave to defend was rightly refused (H2) Nwankwo v. Ecumenical Coop. Society (2007) 2 KLR (pt. 229) 773; (2007) 5 NWLR (Pt. 1027) 377

AGENCY - Admiralty - Liability - A principal's liability - Does not automatically attach to an agent - Vide s. 16(3) Admiralty Jurisdiction Act (H8) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

AGENCY - Admissions - Banking - Admission by 2nd appellant vide the exhibits - That were not countered - Will be relied upon by court as relevant (H7) UBA Plc v. Jargaba (2007) 5 KLR (pt. 238) 2505; (2007) 11 NWLR (Pt. 1045) 247

AGREEMENTS - Provisions of -Carriage of goods - Loss of contents of containers - Proof - By clause 10 of the Bills of Lading - Onus on appellants - To prove that the loss occurred - Whilst the containers were in respondents' custody - Was not discharged (H2) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

AGREEMENTS - Specific performance - Sale of land - Though agreement of sale exists in this case - Only equity of redemption was acquired - Thereby making order of specific performance unavailable (H6) Yaro v. Arewa Constr. Ltd (2007) 6 KLR (pt. 240) 2905; (2007) 17 NWLR (Pt. 1063) 333

ALIBI - No case submission - Evidence linking appellants with alleged crime - Is not cast overboard by plea of alibi - And other possibilities that may arise during trial (H3) Tongo v. COP (2007) 4 KLR (pt. 234) 1837; (2007) 12 NWLR (Pt. 1049) 525

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

APPEALS - Acquittal - Court Martial - Where trial is declared a nullity by Court of Appeal - Based on lack of jurisdiction - Only to discharge the accused is the proper verdict (H2) NAF v. Kamaldeen (2007) 2 KLR (pt. 230) 973; (2007) 7 NWLR (Pt. 1032) 164

APPEALS - Actions - Abuse - Fraud - Where issue of fraud was not raised promptly - But a party rather appealed against the judgment - To file a fresh suit just to raise issue of fraud - Is an abuse of court's process (H6) Ntuks v. NPA (2007) 5 KLR (pt. 237) 2367; (2007) 13 NWLR (Pt. 1050) 392

APPEALS - Actions - Constitutional law - Counter claims - Declarations thereunder that have merit - Will be granted by the Supreme Court - While dismissing the rest of the claims (H10) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

APPEALS - Actions - Forfeiture of property - Cause of action arose in 1977 - When the land in dispute was forfeited - As properly held by Court of Appeal (H4) Abubakar v. Bebeji Oil Ltd (2007) 2 KLR (pt. 229) 625; (2007) 18 NWLR (Pt. 1066) 319

APPEALS - Actions - Forfeiture of property - Cause of action arose in 1977 - When the land in dispute was forfeited - As properly held by Court of Appeal (H4) Abubakar v. Bebeji Oil Ltd (2007) 2 KLR (pt. 229) 625; (2007) 18 NWLR (Pt. 1066) 319

APPEALS - Actions - Jurisdiction - Tenure of Governor's office - Where appellant seeks Constitutional pronouncement - As to his tenure in office - Federal High Court has jurisdiction - Lower courts' contrary decision is set aside (H7) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

APPEALS - Actions - Reliefs not claimed - Bailment - Where not claimed by either party - Court of Appeal was wrong - In introducing the issue and resolving it suo motu (H5) Adetoun O. Ltd v. Nigerian Breweries Plc (2007) 1 KLR (pt. 228) 217; (2007) 5 NWLR (Pt. 1027) 415

APPEALS - Appeal court - Primary role of - Other roles include amend

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

ing lower court's decisions - It must be guided by principles of justice (H4) Dairo v. Union Bank Plc (2007) 7 KLR (pt. 242) 3289; (2007) 16 NWLR (Pt. 1059) 99

APPEALS - Appellate court - Duty - Perverse finding of lower court - In awarding what was never claimed - Should be set aside (H8) Civil Design Constr. Ltd v. SCOA Ltd (2007) 2 KLR (pt. 230) 889; (2007) 6 NWLR (Pt. 1030) 300

APPEALS - Bail - Felony - Discretion of trial court - Is seldom disturbed by appellate court - And where the offence attracts as from three years imprisonment - Bail is not a matter of course (H2) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

APPEALS - Briefs - Arguments - Canvassed on appeal - Contrary to findings of fact not appealed against - Have no basis in law - And cannot be countenanced - By appellate court (H4) Ibikunle v. State (2007) 1 KLR (pt. 227) 55; (2007) 2 NWLR (Pt. 1019) 546

APPEALS - Briefs - Cross appeal - Extension of time to file briefs - Should cover argument for both cross appeal and main appeal - Incorporated within that brief (H8) Abubakar v. Bebeji Oil Ltd (2007) 2 KLR (pt. 229) 625; (2007) 18 NWLR (Pt. 1066) 319

APPEALS - Briefs - Reply brief - Though not mandatory - Where necessary but not filed by an appellant - He will be deemed to have conceded the new points - Arising from respondent's brief (H1) Dairo v. Union Bank Plc (2007) 7 KLR (pt. 242) 3289; (2007) 16 NWLR (Pt. 1059) 99

APPEALS - Competence - Jurisdiction - Criminal appeals - Filing a joint notice of appeal - And signing of it by counsel instead of appellants - Renders the appeal incompetent (H1) Uwazurike v. A-G Federation (2007) 2 KLR (pt. 230) 1057; (2007) 8 NWLR (Pt. 1035) 1

APPEALS - Competence - Leave - Grounds of appeal - Where of fact or mixed law and fact - Failure to obtain leave of court - Makes the appeal incompetent - Vide s. 233(3) 1999 Constitution (H2) Opuiyo v. Omoniwari (2007) 6 KLR (pt. 241) 3109; (2007) 16 NWLR (Pt. 1060) 415

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

APPEALS - Competence - Motion for extension of time - And other processes - That were not properly issued and signed by a legal practitioner - Are struck out as incompetent (H4) Okafor v. Nweke (2007) 3 KLR (pt. 232) 1419; (2007) 10 NWLR (Pt. 1043) 521

APPEALS - Competence - Notice of appeal - Where held to be incompetent by Court of Appeal - It should strike out the appeal - Without considering the other issues (H5) Uwazurike v. A-G Federation (2007) 2 KLR (pt. 230) 1057; (2007) 8 NWLR (Pt. 1035) 1

APPEALS - Competence - Period of time - Where an interlocutory appeal - Is filed more that 14 days after court's order - It should be struck out as incompetent (H5) Alor v. Ngene (2007) 2 KLR (pt. 229) 681; (2007) 17 NWLR (Pt. 1062) 163

APPEALS - Competence - Supreme Court - Where appeal does not lie as of right - Vide s. 213(2) 1979 Constitution - Failure to obtain leave renders it incompetent - As the court lacks jurisdiction (H4) Kashadadi v. Noma (2007) 6 KLR (pt. 239) 2593; (2007) 13 NWLR (Pt. 1052) 510

APPEALS - Concurrent finding - Documents - Evaluation of evidence based on documents - Can be done by appellate Court - In spite of an existing concurrent finding (H4) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

APPEALS - Concurrent findings - Exceptional circumstances - Where not shown by appellant - The findings will not be disturbed (H8) Ziideeh v. Rivers State Civil Serv. Comm. (2007) 1 KLR (pt. 227) 133; (2007) 3 NWLR (Pt. 1022) 554

APPEALS - Concurrent findings - Interference - Where plaintiffs failed to prove the substratum of their case - Supreme Court's refusal to interfere - Will occasion miscarriage of justice (H5) Yusuf v. Adegoke (2007) 4 KLR (pt. 235) 2041; (2007) 11 NWLR (Pt. 1045) 332

APPEALS - Concurrent findings - Where not perverse - But borne out from the evidence - Supreme Court will not tamper with them (H5) Kazeem

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

v. Mosaku (2007) 2 KLR (pt. 230) 949; (2007) 17 NWLR (Pt. 1064) 523

APPEALS - Constitution - Election petitions - Where ruling of Court of Appeal appealed against - Relates to Governorship election s.246(3) 1999 Constitution - the matter terminates at the lower court - Leaving no spill over room to the Supreme Court (H2) Okonkwo v. Ngige (2007) 7 KLR (pt. 243) 3613; (2007) 12 NWLR (Pt. 1047) 191

APPEALS - Constitutional law - Elections - Appeal - Character of - Is not changed - Section of Constitution relied upon - Though appellant comes under s. 243 (a) The matter relates to elections under s. 246 1999 Constitution (H1) Okonkwo v. Ngige (2007) 7 KLR (pt. 243) 3613; (2007) 12 NWLR (Pt. 1047) 191

APPEALS - Constitutional law - House of Assembly - Impeachment of Governor - Where there is 14 vacant seats in a 24 membership House - 8 members cannot effect the Governor's impeachment - That requires two-thirds majority vide s. 188(9) 1999 Constitution - As rightly held by the Court of Appeal (H8) Dapianlong v. Dariye (2007) 4 KLR (pt. 234) 1669; (2007) 8 NWLR (Pt. 1036) 332

APPEALS - Constitutional law - Technicalities - Removal of Governor - The manner some State Assemblies have made it like a child's play - Calls for an arrest - Vide court's pursuit of doing substantial justice (H26) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

APPEALS - Constitutional law - Vice President - While still in office - Cannot openly criticize the President - Or join another political party - As wrongfully held by the lower court (H8) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

APPEALS - Contracts - Damages - Admissions - Where facts are undisputed - As to percentage of fee due - Lower court's award based on mathematical calculation - Is correct (H5) Dalek Ltd v. OMPADEC (2007) 2 KLR (pt. 229) 701; (2007) 7 NWLR (Pt. 1033) 402

APPEALS - Conviction - Interference - Concurrent findings - Can only

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

be disturbed by the Supreme Court - Where shown to be perverse (H1) Ndidi v. State (2007) 5 KLR (pt. 238) 2401; (2007) 13 NWLR (Pt. 1052) 633

APPEALS - Court of Appeal - Powers - Court of Appeal Act s. 16 - Nature of power conferred on the Court - Conditions precedents to application of the section - Include that trial court must have jurisdiction (H8) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

APPEALS - Court of Appeal - Powers - It can handle an appeal by way of rehearing - And can make an order to dispose - Not only the appeal but the entire suit - Vide s. 16 Court of Appeal Act (H2) Ado Ibrahim Ltd v. BCC Ltd (2007) 4 KLR (pt. 235) 1861; (2007) 15 NWLR (Pt. 1058) 538

APPEALS - Court of Appeal Act s.16 - Jurisdiction - Of the High Court - Is a precondition - For invocation of the section - The real question in controversy - Must be a ground of appeal - Before Court of Appeal can invoke s.16 (H18) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

APPEALS - Court of Appeal's power - Under s.16 of the Act - Purpose of the section - Speedy administration of justice - Sufficient materials abound - To enable Court of Appeal invoke s.16 - In deciding the real question in controversy (H19) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

APPEALS - Courts - Impeachment proceedings - Time essence - S. 16. Court of Appeal Act - Conditions for its application - Which include availability of necessary adjudication materials - Exist in this case (H4) Dapianlong v. Dariye (2007) 4 KLR (pt. 234) 1669; (2007) 8 NWLR (Pt. 1036) 332

APPEALS - Courts - Jurisdiction - Court of Appeal Act s. 16 - Confers wide powers - That can enable Court of Appeal - Exercise all the powers of a trial court - Towards speedy administration of justice (H3) Dapianlong v. Dariye (2007) 4 KLR (pt. 234) 1669; (2007) 8 NWLR (Pt. 1036) 332

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

APPEALS - Courts - Jurisdiction - Fair hearing - Issue of jurisdiction - Raised towards tail end of appeal proceedings - Was properly taken - Save that Court of Appeal ought to have heard all the parties (H1) Ladoja v. INEC (2007) 7 KLR (pt. 243) 3461; (2007) 12 NWLR (Pt. 1047) 115

APPEALS - Courts - Jurisdiction - Grounds of appeal - Reference to Court of Appeal - Where a court declines jurisdiction - Striking out the suit is the only step to take - Grounds seeking different step - Were rightly struck out by lower court (H1) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

APPEALS - Courts - Leave - Regularity of - Certiorari - Where High Court granted leave for the order - Before time limited for appeal had expired - The leave was irregular and incompetent - As rightly held by Court of Appeal (H3) Iyoho v. Effiong (2007) 4 KLR (pt. 233) 1599; (2007) 11 NWLR (Pt. 1044) 31

APPEALS - Courts - Native courts' proceedings - Visit to locus - Attitude of appellate court thereto - Is consideration of the substance - Not the form (H2) Garuba v. Yahaya (2007) 1 KLR (pt. 227) 27; (2007) 3 NWLR (Pt. 1021) 390

APPEALS - Criminal procedure - Retrial - Propriety - Where order of retrial will be oppressive - Verdict of discharge will be made (H5) Edibo v. State (2007) 5 KLR (pt. 236) 2109; (2007) 13 NWLR (Pt. 1051) 306

APPEALS - Criminal procedure - Contradictions - Materiality of - Where the contradictions are trivial discrepancies - That did not go to the root of the charge - Lower courts' finding will not be disturbed (H2) Dibie v. State (2007) 3 KLR (pt. 232) 1261; (2007) 9 NWLR (Pt. 1038) 30

APPEALS - Criminal procedure - Prima facie case - Consideration of - Court is bound to confine itself - To evidence tendered in court - And not statements contained in the proof of evidence (H2) Mohammed v. State (2007) 3 KLR (pt. 232) 1383

APPEALS - Criminal procedure - Prima facie case - No case submission - There is sufficient evidence in this case - To justify lower court's find

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

ing - That prima facie case is made out against appellant (H3) Mohammed v. State (2007) 3 KLR (pt. 232) 1383

APPEALS - Culpable homicide - Issues - Misconception - Issues of complaint about denial of hearing - Is misconceived and unfounded (H2) Yaro v. State (2007) 10-12 KLR (pt. 245) 3977; (2007) 18 NWLR (Pt. 1066) 215

APPEALS - Damages - Award by trial court - May only be interfered with by appellate court - Under three conditions - Such as the amount being an erroneous estimate (H6) A.G. Leventis Plc v. Akpu (2007) 6 KLR (pt. 240) 2763; (2007) 17 NWLR (Pt. 1063) 416

APPEALS - Damages - Reduction - Evidence - As to yearly profit of appellant - Though not challenged - Its proper effect - Is to award one month profit as damages - As properly done by Court of Appeal (H2) Adetoun O. Ltd v. Nigerian Breweries Plc (2007) 1 KLR (pt. 228) 217; (2007) 5 NWLR (Pt. 1027) 415

APPEALS - Damages - Special damages - Enhancement of by Court of Appeal - Is wrong in this case - As the issue was not before it - And there was no cross appeal (H8) A.G. Leventis Plc v. Akpu (2007) 6 KLR (pt. 240) 2763; (2007) 17 NWLR (Pt. 1063) 416

APPEALS - Doubt - Armed robbery - Proof beyond reasonable doubt - Where not established - Appellant will be acquitted (H7) Olayinka v. State (2007) 4 KLR (pt. 234) 1813; (2007) 9 NWLR (Pt. 1040) 561

APPEALS - Error - Actions - Jurisdiction - Federal High Court - Ss. 180 & 285 of 1999 Constitution - Looking at the claim which is predicated on s. 180 (2) (a) - Reliefs Sought are within Federal High Court's jurisdiction - Court of Appeal was wrong in holding otherwise (H2) Ladoja v. INEC (2007) 7 KLR (pt. 243) 3461; (2007) 12 NWLR (Pt. 1047) 115

APPEALS - Error - Jurisdiction - Constitutional law - Court of Appeal erred - In linking present case - To class of matters that should be tried - By Election Tribunals under s. 285 (1) (b) 1999 Constitution - Unto denial of its and trial court's jurisdiction (H3) Ladoja v. INEC (2007) 7 KLR

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

(pt. 243) 3461; (2007) 12 NWLR (Pt. 1047) 115

APPEALS - Evaluation - Literacy - Where trial court fails to properly evaluate the evidence on record - Court of Appeal rightly did so - In holding that appellant is literate (H3) Ayanru v. Mandilas Ltd (2007) 4 KLR (pt. 235) 1893; (2007) 10 NWLR (Pt. 1043) 462

APPEALS - Evidence - Documents - Evidential value of - Can be reconsidered by Court of Appeal - Vide s.16 Court of Appeal Act - Unto expunging that document - But the decision may not be disturbed in all cases (H4) A.G. Leventis Plc v. Akpu (2007) 6 KLR (pt. 240) 2763; (2007) 17 NWLR (Pt. 1063) 416

APPEALS - Evidence - Evaluation - Documents - Letters - Delivery and receipt of - Where there is no signature of receiver - On the counter part copy - Receipt of the original copy is not proved - By mere tendering of the counter part copy - As rightly held by lower Courts (H3) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

APPEALS - Evidence - Evaluation - Lost statements to police - Where trial court has properly evaluated them - It is not Court of Appeal's duty - To repeat the evaluation (H3) Ogbu v. State (2007) 2 KLR (pt. 229) 805; (2007) 5 NWLR (Pt. 1028) 635

APPEALS - Evidence - Evaluation - Title to land - Where trial court properly evaluated the evidence - Appellate court will not substitute its own views - For that of trial court (H3) Gbadamosi v. Dairo (2007) 1 KLR (pt. 228) 263; (2007) 3 NWLR (Pt. 1021) 282

APPEALS - Evidence - Findings of lower courts - That run counter to the drift of evidence - Occasioned a miscarriage of justice - As lower courts took extraneous matters into account (H3) Yaro v. Arewa Constr. Ltd (2007) 6 KLR (pt. 240) 2905; (2007) 17 NWLR (Pt. 1063) 333

APPEALS - Exhibits - Decision - Equity, good conscience and fair hearing - Demand that documents duly tendered - Be considered in deciding a case - Subject to their materiality and relevance (H1) Ogbu v. State

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

(2007) 2 KLR (pt. 229) 805; (2007) 5 NWLR (Pt. 1028) 635

APPEALS - Failure - Culpable homicide - Unchallenged evidence - Coupled with appellant's admission - That he incited other accused persons unto killing deceased - Justify failure of his two issues (H3) Yaro v. State (2007) 10-12 KLR (pt. 245) 3977; (2007) 18 NWLR (Pt. 1066) 215

APPEALS - Findings - Actions - Master & servant - Cause of action - Two factors it is made of - Are the wrongful act and consequential damage - Lower court rightly found master and servant - As the cause of action in this case (H2) Bakare v. NRC (2007) 7 KLR (pt. 242) 3245; (2007) 17 NWLR (Pt. 1064) 606

APPEALS - Findings - Contracts - Interpretation - Cross appeal - Clause 8(c) of the contract being very clear - Court of Appeal erred in making a finding - That will alter the meaning of that clause (H7) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

APPEALS - Findings - Criminal procedure - Court martial - Charge - Essential element - In the case against respondent - Was rightly held not established - By the Court of Appeal (H2) Nigerian Navy v. Ibe-Lambert (2007) 9 KLR (pt. 244) 3705; (2007) 18 NWLR (Pt. 1066) 300

APPEALS - Findings - Forfeiture - Return of the property in dispute - Earlier forfeited to respondent by Kano State Government - Was not done vide the tendered exhibits - As rightly found by lower court (H6) Abubakar v. Bebeji Oil Ltd (2007) 2 KLR (pt. 229) 625; (2007) 18 NWLR (Pt. 1066) 319

APPEALS - Findings - Grounds of appeal - Findings of lower court - Are related to the ground in issue - Contrary to appellant's contention (H5) Abubakar v. Bebeji Oil Ltd (2007) 2 KLR (pt. 229) 625; (2007) 18 NWLR (Pt. 1066) 319

APPEALS - Findings - Perverse concurrent findings - Negligence - Proof - Fire outbreak - As plaintiff failed to prove that appellant caused the fire - That destroyed her building - Appellant is not liable in negligence - As

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

wrongfully found by lower courts (H5) UTB v. Ozoemena (2007) 1 KLR (pt. 228) 585; (2007) 3 NWLR (Pt. 1022) 448

APPEALS - Foreign judgments - Issues - Jurisdiction - Complaint against an obiter - Is of no value - Facts of this case - Precludes appellant from attacking the foreign court's jurisdiction (H4) Witt & B. Ltd v. Dale Power S. Plc (2007) 5 KLR (pt. 236) 2209; (2007) 17 NWLR (Pt. 1062) 1

APPEALS - Foundation of - Defect - A notice of appeal is the substratum of every appeal - Defect therein renders the whole appeal incompetent (H4) Uwazurike v. A-G Federation (2007) 2 KLR (pt. 230) 1057; (2007) 8 NWLR (Pt. 1035) 1

APPEALS - Ground of appeal - Competence - Leave - Where a ground is one of mixed law and fact - Failure to obtain leave renders it incompetent (H1) Yaro v. Arewa Constr. Ltd (2007) 6 KLR (pt. 240) 2905; (2007) 17 NWLR (Pt. 1063) 333

APPEALS - Ground of appeal - Nature of - Mere assertion that it is based on error of law - Is of no value - If it is found to be of mixed law and facts (H1) Kashadadi v. Noma (2007) 6 KLR (pt. 239) 2593; (2007) 13 NWLR (Pt. 1052) 510

APPEALS - Ground of appeal - Nature of - Whether of law, fact or mixed law and fact - Is determined by a consideration of the ground - And the particulars of error (H2) Kashadadi v. Noma (2007) 6 KLR (pt. 239) 2593; (2007) 13 NWLR (Pt. 1052) 510

APPEALS - Grounds of appeal - Competence - Purpose - A ground that is not related to the ratio decidendi - Will be struck out as incompetent (H1) Nwankwo v. Ecumenical Coop. Society (2007) 2 KLR (pt. 229) 773; (2007) 5 NWLR (Pt. 1027) 377

APPEALS - Grounds of appeal - Evidence - Where grounds of appeal are centred on issues of evidence - They cannot be of law exclusively - Seeing that evidence is a factual matter (H3) Kashadadi v. Noma (2007) 6 KLR (pt. 239) 2593; (2007) 13 NWLR (Pt. 1052) 510

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

APPEALS - Grounds of appeal - Nature - Whether a ground is one of law or mixed facts and law - Is subject to the question it raises - Present grounds in issue are of law (H1) Dapianlong v. Dariye (2007) 4 KLR (pt. 234) 1669; (2007) 8 NWLR (Pt. 1036) 332

APPEALS - Grounds of appeal - Objection - Raised before Court of Appeal - Against the 2nd ground - As not being proper - Is of no consequence - Though lower court handled it erroneously (H1) Edjekpo v. Osia (2007) 3 KLR (pt. 232) 1291; (2007) 8 NWLR (Pt. 1037) 635

APPEALS - Hearing - Governor's tenure of office - Actions - Expeditious hearing - Extension of appellant's fixed four year tenure under s. 180 (2) (a) 1999 Constitution - Cannot be done by any court (H4) Ladoja v. INEC (2007) 7 KLR (pt. 243) 3461; (2007) 12 NWLR (Pt. 1047) 115

APPEALS - Holdings - Charges - Amendment - Statutes - Failed Banks Tribunal - Where the original charge before Tribunal was validly instituted - Amendment of it before the court - Pursuant to new statutory provisions - Does not make it a new charge - As was wrongfully held by Court of Appeal (H2) FRN v. Adewunmi (2007) 4 KLR (pt. 233) 1575; (2007) 10 NWLR (Pt. 1042) 399

APPEALS - Incomplete court record - Testimony of some defence witnesses - Where not forwarded to appellate court - It cannot know whether trial court's evaluation - Was properly done (H2) Edjekpo v. Osia (2007) 3 KLR (pt. 232) 1291; (2007) 8 NWLR (Pt. 1037) 635

APPEALS - Insurance contract - Interpretation - Provision of clause 8 (c) as to removal of insured goods to another building - Was rightly interpreted by lower courts - To require approval of defendant - Not just plaintiff's written notification - Breach of which entitles defendant to avoid the policy (H5) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

APPEALS - Interest - Leave to appeal - Extension to time - 2nd respondent has interest vide s. 243(a) 1999 Constitution - As to entitle him seek leave to appeal (H3) Enyibros Foods Ltd v. NDIC (2007) 3 KLR (pt. 231) 1133; (2007) 9 NWLR (Pt. 1039) 216

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

APPEALS - Interference - Concurrent finding - That is based on trial court hearing and seeing the witnesses - By principle is not easily disturbed (H3) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

APPEALS - Interference - Concurrent findings - That are not perverse or erroneous - Will not be interfered with by the Supreme Court (H4) Gbadamosi v. Dairo (2007) 1 KLR (pt. 228) 263; (2007) 3 NWLR (Pt. 1021) 282

APPEALS - Interference - Courts - Discretion - Trial court's exercise of discretion - Will be disturbed by appellate court - To obviate impending miscarriage of justice (H7) Babatunde v. Pan Atlantic Shipping Ltd (2007) 4 KLR (pt. 234) 1623; (2007) 13 NWLR (Pt. 1050) 113

APPEALS - Interference - Findings of fact - Should not be ordinarily disturbed by appellate court - Save there be misdirection - That occasioned miscarriage of justice (H1) Garuba v. Yahaya (2007) 1 KLR (pt. 227) 27; (2007) 3 NWLR (Pt. 1021) 390

APPEALS - Interference - Findings of trial court - That observed demeanour of witnesses - Should not ordinarily be interfered with (H6) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

APPEALS - Interference - Rejection of plea of alibi - Based on reliance placed upon inadmissible exhibit - Will be set aside as a perverse finding (H5) Olayinka v. State (2007) 4 KLR (pt. 234) 1813; (2007) 9 NWLR (Pt. 1040) 561

APPEALS - Interference - Sale of land - Evidence - Findings of lower courts - That outright sale of land in dispute - Was made to defendants - Will not be disturbed (H5) Orunengimo v. Egebe (2007) 7 KLR (pt. 243) 3681; (2007) 15 NWLR (Pt. 1058) 630

APPEALS - Interference - Succession - Intestate - Appointment of administrators - Wife's insensitivity to husband's death - Trial court's dis

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

cretion in appointing friend of deceased - As coadministrator with the widow - May not be interfered with (H4) Obusez v. Obusez (2007) 4 KLR (pt. 235) 1971; (2007) 10 NWLR (Pt. 1043) 430

APPEALS - Interference - Title - Appraisal of evidence - Where trial Area Court - Failed to properly consider evidence led by the defence - Interference by appellate courts - Was justified (H3) Garuba v. Yahaya (2007) 1 KLR (pt. 227) 27; (2007) 3 NWLR (Pt. 1021) 390

APPEALS - Interference - Title - Witnesses - Inconsistency - Credibility - Where there is no material contradiction - Assessment of credibility by trial court - Will not be disturbed by appellate court (H4) Ogedengbe v. Balogun (2007) 3 KLR (pt. 232) 1393; (2007) 9 NWLR (Pt. 1039) 380

APPEALS - Interlocutory applications - Chieftaincy matters - Where a matter comes before the Court of Appeal as interlocutory - And it ordered a retrial on the merits - It should not determine issue raised in the main trial (H2) Military Admin. Ekiti State v. Aladeyelu (2007) 5 KLR (pt. 237) 2339; (2007) 14 NWLR (Pt. 1055) 619

APPEALS - Issue - Evidential weight - Trial court's finding affirmed by Court of Appeal - Is fully supported by evidence (H4) Ibator v. Barakuro (2007) 4 KLR (pt. 234) 1753; (2007) 9 NWLR (Pt. 1040) 475

APPEALS - Issue - Not considered by Court of Appeal - Occasioned no miscarriage of justice - In view of it's decision - On the main issue (H7) Ayanru v. Mandilas Ltd (2007) 4 KLR (pt. 235) 1893; (2007) 10 NWLR (Pt. 1043) 462

APPEALS - Issues - Insurance contract - Courts - Where Court of Appeal decided the appeal - On a single issue formulated by it - No miscarriage of justice was done - As that issue captured the crux of the matter (H2) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

APPEALS - Issues - Competence - Ex parte injunction granted by trial court - Where two issues against it where not raised before Court of Appeal - And no leave was obtained - They will be struck out as incom

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

petent (H3) UTB Ltd v. Dolmetsch Pharm. Ltd (2007) 6 KLR (pt. 241) 3133; (2007) 16 NWLR (Pt. 1061) 520

APPEALS - Issues - Competence - Respondent's issues - That are not related to the ground of appeal - Will be struck out as incompetent (H6) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

APPEALS - Issues - Consideration - Where lower court considered only the issue of jurisdiction - Case will be remitted to it - To be determined on the merits (H3) Odetayo v. Bamidele (2007) 5 KLR (pt. 238) 2433; (2007) 17 NWLR (Pt. 1062) 77

APPEALS - Issues - Courts - Need to confine itself - Only to the issues raised by the parties - As suo motu raising of issue - Amounts to denial of fair hearing (H7) A.G. Leventis Plc v. Akpu (2007) 6 KLR (pt. 240) 2763; (2007) 17 NWLR (Pt. 1063) 416

APPEALS - Issues - Evidence - Weight - Exhibits - Issue of non attachment of evidential weight - To exhibit M - Did not affect the fortune of appellant's case (H4) Dalek Ltd v. OMPADEC (2007) 2 KLR (pt. 229) 701; (2007) 7 NWLR (Pt. 1033) 402

APPEALS - Issues - Exhibits - That were not material to the determination of the case - Trial court was right - In not attaching evidential value to them (H4) Salawu v. Yusuf (2007) 5 KLR (pt. 236) 2177; (2007) 12 NWLR (Pt. 1049) 707

APPEALS - Issues - Findings of fact - Though it is desirable for an appeal Court - To distinctly consider all issues before it - Lumpsom consideration unto approving trial Court's finding - Is proper here - As no injustice was done nor fair hearing denied (H1) Etajata v. Ologbo (2007) 6 KLR (pt. 240) 2829; (2007) 16 NWLR (Pt. 1061) 554

APPEALS - Issues - Fresh issue - Carriage of goods by sea - Issue of limitation of liability and defence open to appellants - Not being raised before lower court - Is a fresh issue that requires leave of court (H2) M/V Gongola Hope v. Smurfit Cases Ltd (2007) 6 KLR (pt. 239) 2609;

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

(2007) 15 NWLR (Pt. 1056) 189

APPEALS - Issues - Ground of appeal - Mortgages - Complaint in the sole ground of appeal - Does not relate to Court of Appeal's decision - And shall be struck out - For being incompetent (H2) CCB Plc v. Ekperi (2007) 1 KLR (pt. 228) 243; (2007) 3 NWLR (Pt. 1022) 493

APPEALS - Issues - Grounds of appeal - Respondent's issues for determination - Are not formulated from evidence - Or from applicable law -They must flow from the grounds of appeal - And decision of lower court (HI) UTB Ltd v. Dolmetsch Pharm. Ltd (2007) 6 KLR (pt. 241) 3133; (2007) 16 NWLR (Pt. 1061) 520

APPEALS - Issues - Grounds of appeal - Abandonment - Where no issues were formulated - In relation to some grounds - They will be struck out as abandoned (H4) Iyoho v. Effiong (2007) 4 KLR (pt. 233) 1599; (2007) 11 NWLR (Pt. 1044) 31

APPEALS - Issues - Grounds of appeal - An issue for determination must relate to lower court's decision - And to a ground of appeal - Or it will be discountenanced (H3) Ogunyade v. Oshunkeye (2007) 7 KLR (pt. 242) 3407; (2007) 15 NWLR (Pt. 1057) 218

APPEALS - Issues - Grounds of appeal - Issues for determination - Should be distilled from the grounds of appeal - And be in consonance with it (H1) M/V Gongola Hope v. Smurfit Cases Ltd (2007) 6 KLR (pt. 239) 2609; (2007) 15 NWLR (Pt. 1056) 189

APPEALS - Issues - Grounds of appeal - Issues for determination - Must relate to the grounds of cross appeal - And flow from the judgment - In order to be competent (H6) M/V Gongola Hope v. Smurfit Cases Ltd (2007) 6 KLR (pt. 239) 2609; (2007) 15 NWLR (Pt. 1056) 189

APPEALS - Issues - Grounds of appeal - Suo motu raising of sole issue by lower court - Is improper - Especially as that issue - Is not related to any ground of appeal (H5) Nwana v. FCDA (2007) 4 KLR (pt. 235) 1945; (2007) 11 NWLR (Pt. 1044) 59

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

APPEALS - Issues - Jurisdiction - Where an issue was not determined by the Court of Appeal - And no leave was obtained - Supreme Court lacks Jurisdiction to entertain it (H6) Gbadamosi v. Dairo (2007) 1 KLR (pt. 228) 263; (2007) 3 NWLR (Pt. 1021) 282

APPEALS - Issues - Land matters - Identity of land - Where known to the parties - And no issues were joined on it before lower courts - It cannot be made an issue before the Supreme Court (H1) Orunengimo v. Egebe (2007) 7 KLR (pt. 243) 3681; (2007) 15 NWLR (Pt. 1058) 630

APPEALS - Issues - Misconception - Alleging that lower court did not hear parties - On suo motu issue raised by it - Is unfounded (H2) Shalla v. State (2007) 10-12 KLR (pt. 245) 3929; (2007) 18 NWLR (Pt. 1066) 240

APPEALS - Issues - Newness of - Pleadings - Where issues were joined between the parties - On a subject vide their pleadings - Preliminary objection that the issue is new - Will be overruled (H1) Ziideeh v. Rivers State Civil Serv. Comm. (2007) 1 KLR (pt. 227) 133; (2007) 3 NWLR (Pt. 1022) 554

APPEALS - Issues - Not appealed against - But pronounced on - By intermediate appeal court - Such issues cannot be subject of further appeal - And remain open to argument - As points of law to any further appeal (H2) Mafimisebi v. Ehuwa (2007) 1 KLR (pt. 228) 539; (2007) 2 NWLR (Pt. 1018) 385

APPEALS - Issues - Preliminary objection - Against an issue for being fresh - Will be overruled as the issue is on jurisdiction - And was raised before the Court of Appeal (H1) Forestry Research Institute v. Gold (2007) 5 KLR (pt. 237) 2313; (2007) 11 NWLR (Pt. 1044) 1

APPEALS - Issues - Propriety of - Admissibility of documents - Where Court of Appeal did not decide - That some exhibits were inadmissible - That issue does not arise for determination before the Supreme Court (H3) Nigerian Navy v. Ibe-Lambert (2007) 9 KLR (pt. 244) 3705; (2007) 18 NWLR (Pt. 1066) 300

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

APPEALS - Issues - Relevance - Allegation that trial judge's comment - Occasioned miscarriage of justice - Is of no relevance and is struck out (H6) Ogunbayo v. State (2007) 3 KLR (pt. 231) 1171; (2007) 8 NWLR (Pt. 1035) 157

APPEALS - Issues - Relevance - An issue that is not relevant in the appeal - Will not be discussed (H4) Tongo v. COP (2007) 4 KLR (pt. 234) 1837; (2007) 12 NWLR (Pt. 1049) 525

APPEALS - Issues - Relevance - Contracts - Issue of exhibit B being a counter offer is irrelevant - Appellant is to prove assignment of the project in issue to it (H1) Dalek Ltd v. OMPADEC (2007) 2 KLR (pt. 229) 701; (2007) 7 NWLR (Pt. 1033) 402

APPEALS - Issues - Relevance - Master & servant - Shares and dividends - Owned by plaintiff in defendant company - Issue related thereto - Was rightly ignored by lower court - For being irrelevant (H3) Osisanya v. Afribank Nigeria Plc (2007) 2 KLR (pt. 229) 833; (2007) 6 NWLR (Pt. 1031) 565

APPEALS - Issues - Relevant issue before lower Court - Was duly resolved by it - In its judgment (H1) CCB Plc v. Ekperi (2007) 1 KLR (pt. 228) 243; (2007) 3 NWLR (Pt. 1022) 493

APPEALS - Issues - Reply brief - Judgments - Allegation that failure to consider all issues - Raised in the reply brief - Occasioned miscarriage of justice - Or breach of fair hearing - Is not substantiated (H1) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

APPEALS - Issues - Reply brief - Where not filed in respect of issue of abuse of court's process - Appellants are deemed to have conceded that issue (H6) Enyibros Foods Ltd v. NDIC (2007) 3 KLR (pt. 231) 1133; (2007) 9 NWLR (Pt. 1039) 216

APPEALS - Issues - Retrial - Court of Appeal's alleged omission - To pronounce on Issue 1 - Cannot vitiate trial Court's good judgment unto a retrial - Given the circumstances (H2) Etajata v. Ologbo (2007) 6 KLR

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

(pt. 240) 2829; (2007) 16 NWLR (Pt. 1061) 554

APPEALS - Issues - Sole issue - Formulated from the several grounds of appeal in this case - Is competent as it relates to all the grounds (H3) Dairo v. Union Bank Plc (2007) 7 KLR (pt. 242) 3289; (2007) 16 NWLR (Pt. 1059) 99

APPEALS - Judgments - Court of Appeal - Justices that heard an appeal - Should reduce their judgment in writing - For its delivery by another Justice to be valid - Vide s. 294 1999 Constitution (H3) Sokoto State Govt. v. Kamdex Ltd (2007) 3 KLR (pt. 231) 1231; (2007) 7 NWLR (Pt. 1034) 466

APPEALS - Judgments - Court of Appeal panel - Proper Constitution of - Delivery of own judgment by a justice - Who did not participate in the hearing - Renders the proceedings a nullity (H4) Sokoto State Govt. v. Kamdex Ltd (2007) 3 KLR (pt. 231) 1231; (2007) 7 NWLR (Pt. 1034) 466

APPEALS - Judgments - Cross appeal - Where Court of Appeal held that respondent proved all their claims - It ought to award the claims as pleaded and proved (H7) M/V Gongola Hope v. Smurfit Cases Ltd (2007) 6 KLR (pt. 239) 2609; (2007) 15 NWLR (Pt. 1056) 189

APPEALS - Judgments - Dissatisfaction - Findings of trial court - Where a party is dissatisfied therewith - His only remedy is to appeal or cross appeal (H23) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

APPEALS - Judgments - Slip rule - Delivery of judgment by Court of Appeal - On an incomplete record - Is a fundamental irregularity - That has occasioned miscarriage of justice (H2) Nwana v. FCDA (2007) 4 KLR (pt. 235) 1945; (2007) 11 NWLR (Pt. 1044) 59

APPEALS - Judgments - Subsisting judgment - Move to set it aside by fresh action - After an appeal against that judgment was dismissed - Is an abuse of court's process (H4) Ntuks v. NPA (2007) 5 KLR (pt. 237) 2367; (2007) 13 NWLR (Pt. 1050) 392

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

APPEALS - Judicial precedents - Distinguishing - Conflict - Where two decisions are not in conflict - Question of which case to rely upon - Depends on facts and circumstances (H1) Sokoto State Govt. v. Kamdex Ltd (2007) 3 KLR (pt. 231) 1231; (2007) 7 NWLR (Pt. 1034) 466

APPEALS - Judicial precedents - Relevance - Cases cited by appellant's counsel - Are not relevant to the issue in this case - And Elebanjo case cited is against appellant (H6) Abubakar v. Chuks (2007) 10-12 KLR (pt. 245) 4005; (2007) 18 NWLR (Pt. 1066) 386

APPEALS - Jurisdiction - Chieftaincy matters - Orders of Court of Appeal - On issues not raised before the trial court will be set aside for want of jurisdiction (H3) Military Admin. Ekiti State v. Aladeyelu (2007) 5 KLR (pt. 237) 2339; (2007) 14 NWLR (Pt. 1055) 619

APPEALS - Jurisdiction - Courts - Competence - Where no cause of action exists - Appellate court will nullify trial court's decision - As issue of jurisdiction - Can be raised at any stage (H3) Forestry Research Institute v. Gold (2007) 5 KLR (pt. 237) 2313; (2007) 11 NWLR (Pt. 1044) 1

APPEALS - Jurisdiction - Issues - Specific issues before an appeal court - Are what to deal with - But relevant omissions by trial court - Should also be considered (H1) Ado Ibrahim Ltd v. BCC Ltd (2007) 4 KLR (pt. 235) 1861; (2007) 15 NWLR (Pt. 1058) 538

APPEALS - Jurisdiction - Lack of - Court of Appeal is advised to express an alternative opinion - On the substantive issue - Save in well settled issue of use of Originating Summons - Where going into other issues amounted to academic exercise (H2) Osunbade v. Oyewunmi (2007) 5 KLR (pt. 238) 2491

APPEALS - Jurisdiction - Leave to appeal - Grounds of appeal - That raise issues of failure to observe due process - And condition precedents - Are clearly dealing with issue of jurisdiction (H4) Enyibros Foods Ltd v. NDIC (2007) 3 KLR (pt. 231) 1133; (2007) 9 NWLR (Pt. 1039) 216

APPEALS - Jurisdiction - Limits - Every Statute that vests power on a

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

court - Has a limit - S.16 Court of Appeal Act - Was rightly invoked in this case - As there was no fact that limited its application (H20) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

APPEALS - Jurisdiction - Striking out - Court of appeal's assumption of trial court's jurisdiction - Unto striking out the petition - Without further address from counsel - Is proper in this case (H3) Ado Ibrahim Ltd v. BCC Ltd (2007) 4 KLR (pt. 235) 1861; (2007) 15 NWLR (Pt. 1058) 538

APPEALS - Justice - Supreme Court - Powers - Supreme Court Act s. 22 - Purpose and when to be invoked - Is where Court of Appeal fails to apply s. 16 C A Act - And all necessary materials for determination of the case - Are before the Court (H9) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

APPEALS - Land law - Issues - Misconception - Boundary dispute - Relates to issue of ownership - Burden of proving identity of land and boundaries rests on plaintiff - Court of Appeal misconceived the issues unto error (H5) Odunze v. Nwosu (2007) 5 KLR (pt. 238) 2443; (2007) 13 NWLR (Pt. 1050) 1

APPEALS - Land matters - Issues - Leave - Issue of mixed law and fact - Invitation to appellate court - To consider matters of fact not considered by the court below - Is an issue of fact or mixed law and fact (H1) Opuiyo v. Omoniwari (2007) 6 KLR (pt. 241) 3109; (2007) 16 NWLR (Pt. 1060) 415

APPEALS - Land Use Act - Leases - Governor's consent - Entering into written sublease agreement - Before seeking Governor's consent - Is not unlawful - As rightly held by Court of Appeal (H4) Brossette Manu. Ltd v. M\S Ola I. Ltd (2007) 5 KLR (pt. 237) 2235; (2007) 14 NWLR (Pt. 1053) 109

APPEALS - Leave - Affidavits - Nature - Objection against some depositions - As not complying with the Evidence Act - Is not tenable - And the objection being new - Leave of court ought to be obtained (H17) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

APPEALS - Leave - Criminal trial - Issue of trial judge's translation of testimony of accused from Ibo to English - Being new is incompetent - As leave of court was not obtained - No miscarriage of justice was caused by the error (H3) Nwachukwu v. State (2007) 7 KLR (pt. 242) 3371; (2007) 17 NWLR (Pt. 1062) 31

APPEALS - Leave - Fresh point of law or issue - Not being an issue of jurisdiction - Would be incompetent - Where leave of court was not secured (H2) UTB Ltd v. Dolmetsch Pharm. Ltd (2007) 6 KLR (pt. 241) 3133; (2007) 16 NWLR (Pt. 1061) 520

APPEALS - Leave - Grounds of appeal - Whether of law or facts - Does not depend on the label given them - The three grounds in this appeal - Are all of law - Making leave of court unnecessary (H2) Dairo v. Union Bank Plc (2007) 7 KLR (pt. 242) 3289; (2007) 16 NWLR (Pt. 1059) 99

APPEALS - Leave - Issues - Issue of jurisdiction or abuse of court's process - Where based on trial court's final decision - Leave of court to raise it is not necessary (H1) Abubakar v. Bebeji Oil Ltd (2007) 2 KLR (pt. 229) 625; (2007) 18 NWLR (Pt. 1066) 319

APPEALS - Leave to appeal - Extension of time - Ground of appeal - Appellate court is to consider - Whether the grounds are substantial and arguable - Not to decide their merit (H2) Enyibros Foods Ltd v. NDIC (2007) 3 KLR (pt. 231) 1133; (2007) 9 NWLR (Pt. 1039) 216

APPEALS - Master & servant - Records of appeal - Exclusion of exhibits tendered by appellant - Is a ground for revisiting lower court's decision (H1) Nwana v. FCDA (2007) 4 KLR (pt. 235) 1945; (2007) 11 NWLR (Pt. 1044) 59

APPEALS - Merit - Master & Servant - Statutory flavour - Uncontroverted evidence - As a case of wrongful termination is made out - Order of reinstatement is proper - But for death of the employee (H6) CBN v. Igwillo (2007) 5 KLR (pt. 237) 2275; (2007) 14 NWLR (Pt. 1054) 393

APPEALS - Motions - Fair hearing - Appellants' failure to raise their motion - Before arguing their appeal - Means abandonment of it - And not

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

denial of fair hearing (H3) Ibator v. Barakuro (2007) 4 KLR (pt. 234) 1753; (2007) 9 NWLR (Pt. 1040) 475

APPEALS - Motions - Issues - Relevance of - Issue of whether Lagos State High Court - Has the power to transfer case to Federal High Court - And invitation to Supreme Court - To depart from Omisade case - Are not relevant in the appeal and present application (H2) Associated Ltd v. Amalgamated Ltd (2007) 7 KLR (pt. 242) 3185; (2007) 15 NWLR (Pt. 1056) 118

APPEALS - Murder - Issues - Lost exhibits - Where unnecessary and irrelevant in the determination of the issues - Court of Appeal can validly resolve those issues (H2) Ogbu v. State (2007) 2 KLR (pt. 229) 805; (2007) 5 NWLR (Pt. 1028) 635

APPEALS - New issue - Evidence - Supreme Court will not allow a new issue - Save substantial points of law are involved - And there is evidence in support of that issue - Without need for further evidence (H4) M/V Gongola Hope v. Smurfit Cases Ltd (2007) 6 KLR (pt. 239) 2609; (2007) 15 NWLR (Pt. 1056) 189

APPEALS - Notice of appeal - Preliminary objection - Purport of preliminary objection and issues for determination - Preliminary objection is not raised vide issues for determination - As wrongfully done by respondents (H1) Odunze v. Nwosu (2007) 5 KLR (pt. 238) 2443; (2007) 13 NWLR (Pt. 1050) 1

APPEALS - Notice of Appeal - Signing of - Should not be done by counsel - But appellant himself - In criminal appeals (H2) Uwazurike v. A-G Federation (2007) 2 KLR (pt. 230) 1057; (2007) 8 NWLR (Pt. 1035) 1

APPEALS - Notice of appeal - Validity - Where the original notice is invalid - It cannot be resuscitated - By filing subsequent valid additional grounds (H4) CCB Plc v. Ekperi (2007) 1 KLR (pt. 228) 243; (2007) 3 NWLR (Pt. 1022) 493

APPEALS - Objection - No case submission - Trial de novo - Mere fact of need to begin the trial afresh - Will not invalidate pending appeal -

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

Which if it succeeds will terminate the trial de novo (H1) Mohammed v. State (2007) 3 KLR (pt. 232) 1383

APPEALS - Pleadings - Civil Service Rules - As both parties pleaded facts - Related thereto - Court of Appeal was wrong - In holding that plaintiff never pleaded it (H6) Ziideeh v. Rivers State Civil Serv. Comm. (2007) 1 KLR (pt. 227) 133; (2007) 3 NWLR (Pt. 1022) 554

APPEALS - Pleadings - Jurisdiction - Issues - Where appellants led no evidence - In proof of pleaded defence - The pleadings remain dead - Court has no jurisdiction - To go outside the issues before it (H3) M/V Gongola Hope v. Smurfit Cases Ltd (2007) 6 KLR (pt. 239) 2609; (2007) 15 NWLR (Pt. 1056) 189

APPEALS - Pleadings - Sufficiency of - Issue - Complaints about lack or insufficiency of pleadings - Is unfounded - As that issue was not raised at the lower courts (H3) Orunengimo v. Egebe (2007) 7 KLR (pt. 243) 3681; (2007) 15 NWLR (Pt. 1058) 630

APPEALS - Powers - Relief not claimed - Is not granted by the Court - But that is not the case here - Where Court of Appeal merely varied a relief - Granted by trial Court - Pursuant to its statutory powers (H4) Etajata v. Ologbo (2007) 6 KLR (pt. 240) 2829; (2007) 16 NWLR (Pt. 1061) 554

APPEALS - Preliminary objection - Criminal procedure - Defences - Where defences raised on appeal are supported by evidence - Objection against them is unfounded - Seeing that an accused is entitled to any available defence - Whether raised by him or not (H1) Edibo v. State (2007) 5 KLR (pt. 236) 2109; (2007) 13 NWLR (Pt. 1051) 306

APPEALS - Preliminary objection - To notice of appeal - That is totally misconceived and not properly initiated - Will be struck out (H2) Odunze v. Nwosu (2007) 5 KLR (pt. 238) 2443; (2007) 13 NWLR (Pt. 1050) 1

APPEALS - Professional misconduct - Findings of fact - Evaluation of evidence - Where properly done by trial court - Appellate court will not substitute its own views (H7) Ndukwe v. LPDC (2007) 2 KLR (pt. 230)

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

1003; (2007) 5 NWLR (Pt. 1026) 1

APPEALS - Rape - Evidence - Was properly evaluated by two lower courts - In finding that prosecution proved case beyond reasonable doubt (H5) Ogunbayo v. State (2007) 3 KLR (pt. 231) 1171; (2007) 8 NWLR (Pt. 1035) 157

APPEALS - Record of appeal - Transmission of - To Court of Appeal - Is the trial court's duty vide O. 3 rr. 13 & 21(5) CA Rules - Appellant should not be blamed - For failure to transmit exhibits (H3) Nwana v. FCDA (2007) 4 KLR (pt. 235) 1945; (2007) 11 NWLR (Pt. 1044) 59

APPEALS - Remedy - Res judicata - Jurisdiction - Where a suit is struck out for want of jurisdiction - Plaintiff's only remedy is to appeal - As a fresh suit will be caught by res judicata plea (H7) Abubakar v. Bebeji Oil Ltd (2007) 2 KLR (pt. 229) 625; (2007) 18 NWLR (Pt. 1066) 319

APPEALS - Retrial - Criminal proceedings - Factors that justify order of retrial - Include that it will not be oppressive against appellant (H3) Edibo v. State (2007) 5 KLR (pt. 236) 2109; (2007) 13 NWLR (Pt. 1051) 306

APPEALS - Retrial - Factors that necessitate order of retrial - Which include substantial irregularity - Do not apply to this case (H5) Ogedengbe v. Balogun (2007) 3 KLR (pt. 232) 1393; (2007) 9 NWLR (Pt. 1039) 380

APPEALS - Retrial - Land law - Where the entire evidence called by a party - Is missing in the compiled record of appeal - Retrial is the proper order (H3) Edjekpo v. Osia (2007) 3 KLR (pt. 232) 1291; (2007) 8 NWLR (Pt. 1037) 635

APPEALS - Retrial - Mistake of Lower Court - That occasioned miscarriage of justice - Justifies order of retrial in this case (H4) Nwana v. FCDA (2007) 4 KLR (pt. 235) 1945; (2007) 11 NWLR (Pt. 1044) 59

APPEALS - Retrial - Propriety of - Where an appellate court - Finds that trial court failed - To consider relevant and available evidence - It should consider the evidence - And make proper finding - Rather than remit case back for retrial (H5) Mafimisebi v. Ehuwa (2007) 1 KLR (pt. 228) 539;

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

(2007) 2 NWLR (Pt. 1018) 385

APPEALS - Reversal - Contracts - Damages - Existence of contract - Where not established - Court of Appeal rightly reversed trial court's award of damages (H3) Dalek Ltd v. OMPADEC (2007) 2 KLR (pt. 229) 701; (2007) 7 NWLR (Pt. 1033) 402

APPEALS - Reversal - Conviction - Armed robbery - Concurrent findings - Where ascription of probative values was erroneous - Conviction will not be sustained (H6) Ndidi v. State (2007) 5 KLR (pt. 238) 2401; (2007) 13 NWLR (Pt. 1052) 633

APPEALS - Reversal - Damages - Findings of trial Court - Where supported by properly evaluated evidence - Court of Appeal was wrong in reversing it (H7) Civil Design Constr. Ltd v. SCOA Ltd (2007) 2 KLR (pt. 230) 889; (2007) 6 NWLR (Pt. 1030) 300

APPEALS - Reversal - Issues - Nature of an appeal - Involves rehearing all issues that were raised - Towards determining whether trial court's decision is right - And wrong reasoning per se will not ground a reversal (H3) A.G. Leventis Plc v. Akpu (2007) 6 KLR (pt. 240) 2763; (2007) 17 NWLR (Pt. 1063) 416

APPEALS - Reversal - Issues - Success of an issue where all other issues failed - It is not every error or slip - That will ground reversal of a decision (H9) Abubakar v. Bebeji Oil Ltd (2007) 2 KLR (pt. 229) 625; (2007) 18 NWLR (Pt. 1066) 319

APPEALS - Reversal - Mistake in a judgment - That did not occasion miscarriage of justice - Will not warrant a reversal of that decision (H7) Gbadamosi v. Dairo (2007) 1 KLR (pt. 228) 263; (2007) 3 NWLR (Pt. 1021) 282

APPEALS - Reversal - Title - Acquiescence - Where the facts reveal that appellant - Did not sleep on his claim to property in dispute - Lower courts' finding of acquiescence - Cannot stand (H3) Nsiege v. Mgbemena (2007) 4 KLR (pt. 234) 1781; (2007) 10 NWLR (Pt. 1042) 364

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

APPEALS - Reversal - Title - Proof - Where plaintiff did not prove his case - Court of Appeal rightly reversed trial court's judgment - That was given in his favour (H4) Aremu v. Adetoro (2007) 7 KLR (pt. 242) 3163; (2007) 16 NWLR (Pt. 1060) 244

APPEALS - Stare decisis - Meaning - Facts that give rise to the principle - Are the material facts - So that the relevant ratio in Mobil Case - Was properly applied by lower court (H4) Adetoun O. Ltd v. Nigerian Breweries Plc (2007) 1 KLR (pt. 228) 217; (2007) 5 NWLR (Pt. 1027) 415

APPEALS - Supreme Court - Issue - Necessity of - Where findings on prior issues - Make consideration of an issue futile - Need to deal with it becomes obviated (H5) Omnia Ltd v. Dyktrade Ltd (2007) 7 KLR (pt. 243) 3635; (2007) 15 NWLR (Pt. 1058) 576

APPEALS - Supreme Court - Notice of appeal - Where signed by counsel instead of appellants - Contrary to O. 9 r. 3(1) Supreme Court Rules - The appeal is incompetent (H6) Uwazurike v. A-G Federation (2007) 2 KLR (pt. 230) 1057; (2007) 8 NWLR (Pt. 1035) 1

APPEALS - Supreme Court - Panel of seven Justices - Provided for by use of "shall" in the proviso to s. 234 of 1999 Constitution - Is permissive - So that panel of five justices - That determined the appeal in issue - Is not unconstitutional (H6) Associated Ltd v. Amalgamated Ltd (2007) 7 KLR (pt. 242) 3185; (2007) 15 NWLR (Pt. 1056) 118

APPEALS - Time - Discretion - Extension of time to appeal - Explanation of the delay - Appellate court will not interfere - Save where exercise of discretion - Is manifestly wrong or reckless (H1) Enyibros Foods Ltd v. NDIC (2007) 3 KLR (pt. 231) 1133; (2007) 9 NWLR (Pt. 1039) 216

APPEALS - Time - Extension of time to appeal - Reasons for the delay - Was satisfactorily explained by applicant (H5) Enyibros Foods Ltd v. NDIC (2007) 3 KLR (pt. 231) 1133; (2007) 9 NWLR (Pt. 1039) 216

APPEALS - Title - Family land - Agreement document for sale of land - Was rightly relied upon - By the two courts below - In finding that the land belonged to respondents' family (H6) Etajata v. Ologbo (2007) 6

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

KLR (pt. 240) 2829; (2007) 16 NWLR (Pt. 1061) 554

APPEALS - Title - Injunction - Where lower Court rightly held - That appellant failed to prove title - Grant of perpetual injunction was wrong (H5) Akinduro v. Alaya (2007) 6 KLR (pt. 239) 2569; (2007) 15 NWLR (Pt. 1057) 312

APPEALS - Title - Location of the land in dispute - Finding of trial court - As confirmed by the Court of Appeal - Is correct (H5) Gbadamosi v. Dairo (2007) 1 KLR (pt. 228) 263; (2007) 3 NWLR (Pt. 1021) 282

APPEALS - Title - Pleadings - Where specific grant was pleaded - But was not proved by credible evidence - Plaintiff's claim should be dismissed - Without considering any other evidence (H3) Yusuf v. Adegoke (2007) 4 KLR (pt. 235) 2041; (2007) 11 NWLR (Pt. 1045) 332

APPEALS - Trespass - Concurrent findings - Of acts of trespass borne out of credible evidence - Will not ordinarily be disturbed (H6) Ogunyade v. Oshunkeye (2007) 7 KLR (pt. 242) 3407; (2007) 15 NWLR (Pt. 1057) 218

APPEALS - Tribunals - Quorum - Briefs - Absence of reply brief - On issue of quorum of tribunal members - And the typographic error in adding a name mistakenly in the judgment - Shows acceptance of that issue (H5) Ndukwe v. LPDC (2007) 2 KLR (pt. 230) 1003; (2007) 5 NWLR (Pt. 1026) 1

APPEALS - Undefended suits - Defence - Witnesses - Are not required to be called by plaintiff - Where defendant fails to disclose any prima facie defence (H3) Nwankwo v. Ecumenical Coop. Society (2007) 2 KLR (pt. 229) 773; (2007) 5 NWLR (Pt. 1027) 377

APPEALS - Variation of judgment - Damages - Judicial precedents - Ngwu case as to role of appeal court - Supports present correction of trial court's error - By the Court of Appeal (H3) Adetoun O. Ltd v. Nigerian Breweries Plc (2007) 1 KLR (pt. 228) 217; (2007) 5 NWLR (Pt. 1027) 415

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

APPEALS - Witnesses - Credibility - Assessment of - Is trial court's function - And not the appellate court's duty (H5) A.G. Leventis Plc v. Akpu (2007) 6 KLR (pt. 240) 2763; (2007) 17 NWLR (Pt. 1063) 416

ARMED ROBBERY - Arraignment - Propriety of - Where the record shows that appellants - Made their pleas in English that they clearly understood - Their arraignment is proper under s. 215 CPL (H1) Dibie v. State (2007) 3 KLR (pt. 232) 1261; (2007) 9 NWLR (Pt. 1038) 30

ARMED ROBBERY - Conviction - Concurrent findings - Where ascription of probative values was erroneous - Conviction will not be sustained (H6) Ndidi v. State (2007) 5 KLR (pt. 238) 2401; (2007) 13 NWLR (Pt. 1052) 633

ARMED ROBBERY - Conviction - Link with the offence - Is established - As accused persons were convicted - On their voluntary confessional statements (H4) Dibie v. State (2007) 3 KLR (pt. 232) 1261; (2007) 9 NWLR (Pt. 1038) 30

ARMED ROBBERY - Doubt - Acquittal - Proof beyond reasonable doubt - Where not established - Appellant will be acquitted (H7) Olayinka v. State (2007) 4 KLR (pt. 234) 1813; (2007) 9 NWLR (Pt. 1040) 561

ARMED ROBBERY - Identification - Quality of evidence on recognition of appellant - Was very low and poor to ground conviction (H5) Ndidi v. State (2007) 5 KLR (pt. 238) 2401; (2007) 13 NWLR (Pt. 1052) 633

ARMED ROBBERY - Proof - Confessional statements - Were rightly relied upon - After finding corroboration though corroboration is not mandatory - Case was proved beyond reasonable doubt (H3) Dibie v. State (2007) 3 KLR (pt. 232) 1261; (2007) 9 NWLR (Pt. 1038) 30

ARMED ROBBERY - Proof - Weapons used - Tendering them is not compulsory - But depends on the circumstances of the case (H1) Olayinka v. State (2007) 4 KLR (pt. 234) 1813; (2007) 9 NWLR (Pt. 1040) 561

ARMED ROBBERY - Proof - Weapons used - Tendering them is not compulsory - But depends on the circumstances of the case (H1) Olayinka

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

v. State (2007) 4 KLR (pt. 234) 1813; (2007) 9 NWLR (Pt. 1040) 561

ARMED ROBBERY - Witnesses - Number of - Prosecution's failure to call a particular witness - May not be fatal in all cases (H2) Olayinka v. State (2007) 4 KLR (pt. 234) 1813; (2007) 9 NWLR (Pt. 1040) 561

BAIL - Constitutional law - National security - Personal liberty s.35 1999 Constitution - Where national security is threatened - Accused person's right to personal liberty - Will be curtailed as in this case (H7) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

BAIL - Factors to consider - National security - Evidence of threat thereto - Is in existence in the charge against appellant - As rightly held by Court of Appeal (H5) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

BAIL - Felony - Discretion of trial court - Is seldom disturbed by appellate court - And where the offence attracts as from three years imprisonment - Bail is not a matter of course (H2) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

BAIL - Grant of - Minimum demands for grant of bail - Are not met by appellant - As there is no assurance - That he will not execute his threat to national security (H6) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

BAIL - Grant or refusal of - Criteria trial court should consider - Include probability of accused - Not surrendering himself for trial (H1) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

BAIL - Grant or refusal of - Criteria trial court should consider - Include probability of accused - Not surrendering himself for trial (H1) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

BAILMENT - Duty - Loss of goods - Bailee of goods in whose custody

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

the goods were - Had the duty to explain the loss - Not the respondents (H7) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

BANKING - Admissions - Agency - Admissions by 2nd appellant vide the exhibits - That were not countered - Will be relied upon by court as relevant (H7) UBA Plc v. Jargaba (2007) 5 KLR (pt. 238) 2505; (2007) 11 NWLR (Pt. 1045) 247

BANKING - Mortgages - Loan - Title documents - Where the loan has not been fully paid up - Court cannot order mortgagee to release the title documents - As he who comes to equity must also do equity (H7) Yaro v. Arewa Constr. Ltd (2007) 6 KLR (pt. 240) 2905; (2007) 17 NWLR (Pt. 1063) 333

BANKING - Mortgages - Redemption - Bank Loan - A party that has mortgaged his land - Cannot transfer legal title to another person - As the only interest left for him is equity of redemption - Till the debt is fully paid up (H2) Yaro v. Arewa Constr. Ltd (2007) 6 KLR (pt. 240) 2905; (2007) 17 NWLR (Pt. 1063) 333

BILLS OF LADING - Carriage of goods - Loss of contents of containers - Proof - By clause 10 of the Bills of Lading - Onus on appellants - To prove that the loss occurred - Whilst the containers were in respondents' custody - Was not discharged (H2) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

CARRIAGE OF GOODS - Appeals - Issues - Fresh issue - Carriage of goods by sea - Issue of limitation of liability and defence open to appellants - Not being raised before lower court - Is a fresh issue that requires leave of court (H2) M/V Gongola Hope v. Smurfit Cases Ltd (2007) 6 KLR (pt. 239) 2609; (2007) 15 NWLR (Pt. 1056) 189

CARRIAGE OF GOODS - Contracts - Admission - Limitation of liability - Admission of loss of goods - Without offering explanation to proved fraud or negligence - Makes the Hague Rules and the per package limitation inapplicable (H5) M/V Gongola Hope v. Smurfit Cases Ltd (2007) 6 KLR (pt. 239) 2609; (2007) 15 NWLR (Pt. 1056) 189

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

CARRIAGE OF GOODS - Contracts - Evidence - Deduction - Shipped containers - Original wire seals - Were upon all five containers in issue - Not on three as argued by appellants (H3) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

CARRIAGE OF GOODS - Contracts - Evidence of those - That witnessed the discharge of the containers - Established respondents' discharge of appellants' containers into custody of Nigerian Ports Authority (H1) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

CARRIAGE OF GOODS - Contracts - Loss of contents of containers - Proof - By clause 10 of the Bills of Lading - Onus on appellants - To prove that the loss occurred - Whilst the containers were in respondents' custody - Was not discharged (H2) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

CARRIAGE OF GOODS - Evidence - Documents - Shipped containers - Where notice of cargo landed discrepant/damaged - Was not issued by Nigerian Ports Authority - Content of their letter written three months after containers were discharged - Is not correct (H5) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

CARRIAGE OF GOODS - Evidence - Presumption - Theft of contents of shipped containers - Occurred while in custody of Nigerian Ports Authority - As they were stored in an open place (H4) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

CARRIAGE OF GOODS - Proof - Bailment - Loss of goods - Bailee of goods in whose custody the goods were - Had the duty to explain the loss - Not the respondents (H7) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

CERTIORARI - Leave - Regularity of - Where High Court granted leave for the order - Before time limited for appeal had expired - The leave was

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

irregular and incompetent - As rightly held by Court of Appeal (H3) Iyoho v. Effiong (2007) 4 KLR (pt. 233) 1599; (2007) 11 NWLR (Pt. 1044) 31

CERTIORARI - Time to apply - Is after period allowed for appeal has elapsed - Vide Cross River State High Court Rules O. 43 r. (6) - "May" used in the provision - Is mandatory (H2) Iyoho v. Effiong (2007) 4 KLR (pt. 233) 1599; (2007) 11 NWLR (Pt. 1044) 31

CHARGES - Amendment - Statutes - Failed Banks Tribunal - Where the original charge before Tribunal was validly instituted - Amendment of it before the court - Pursuant to new statutory provisions - Does not make it a new charge - As was wrongfully held by Court of Appeal (H2) FRN v. Adewunmi (2007) 4 KLR (pt. 233) 1575; (2007) 10 NWLR (Pt. 1042) 399

CHARGES - Conviction - For lesser offence - Limitation - Duplicity - For such conviction to be proper - The ingredients of the offences - Must be similar (H5) NAF v. Kamaldeen (2007) 2 KLR (pt. 230) 973; (2007) 7 NWLR (Pt. 1032) 164

CHARGES - Court martial - Charge - Essential element - In the case against respondent - Was rightly held not established - By the Court of Appeal (H2) Nigerian Navy v. Ibe-Lambert (2007) 9 KLR (pt. 244) 3705; (2007) 18 NWLR (Pt. 1066) 300

CHARGES - Plea - Interpretation - Where accused makes his plea and court proceeds with the trial - There is no need for an interpreter - Where accused understands language of court - Provisions of the Constitution & CPL are not violated (H1) Nwachukwu v. State (2007) 7 KLR (pt. 242) 3371; (2007) 17 NWLR (Pt. 1062) 31

CHARGES - Plea - Propriety of - Where plea was taken in the judge's chambers - Instead of a public place prescribed by s.33 (3) 1979 Constitution - The proceedings are null and void (H2) Edibo v. State (2007) 5 KLR (pt. 236) 2109; (2007) 13 NWLR (Pt. 1051) 306

CHARGES - Remand in custody - Where accused was charged with treasonable felony - His production before a magistrate that has no juris

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

diction - Falls under s. 78(b) and not s. 215 CPL - Hence no plea was taken (H1) Lufadeju v. Johnson (2007) 3 KLR (pt. 232) 1327; (2007) 8 NWLR (Pt. 1037) 535

CHARGES - Signing and filing of - Fiat - Failed bank cases - Where a private counsel was authorized by A-G Federation - To prosecute failed bank cases - His signing and filing the charge sheet in 1977 was in order (H1) FRN v. Adewunmi (2007) 4 KLR (pt. 233) 1575; (2007) 10 NWLR (Pt. 1042) 399

CHARGES - Tribunals - Charges - Before a professional tribunal - Need not be formal - No miscarriage of justice occurred in this case - Because of absence of a formal charge - For appellant understood the charge (H4) Ndukwe v. LPDC (2007) 2 KLR (pt. 230) 1003; (2007) 5 NWLR (Pt. 1026) 1

CHARGES - Tribunals - Fair hearing - S. 36 (6)(a) 1999 Constitution - Information about a criminal charge - Manner of framing charge - Varies before an Administrative Tribunal and a court of law (H3) Ndukwe v. LPDC (2007) 2 KLR (pt. 230) 1003; (2007) 5 NWLR (Pt. 1026) 1

CHARGES - Validity - Signing of - Failed Bank cases - Charge signed by a legal officer in Federal DPP's office - And countersigned by a private counsel that has A-G's fiat - Is not invalid (H4) FRN v. Adewunmi (2007) 4 KLR (pt. 233) 1575; (2007) 10 NWLR (Pt. 1042) 399

CHIEFTAINCY MATTERS - Actions - Limitation - Statute bar - Where main case in not against a 1981 White Paper - But against attempt to register the new declaration in 1995 - Present action filed in 1995 is not Statute barred (H1) Military Admin. Ekiti State v. Aladeyelu (2007) 5 KLR (pt. 237) 2339; (2007) 14 NWLR (Pt. 1055) 619

CHIEFTAINCY MATTERS - Appeals - Interlocutory applications - Where a matter comes before the Court of Appeal as interlocutory - And it ordered a retrial on the merits - It should not determine issue raised in the main trial (H2) Military Admin. Ekiti State v. Aladeyelu (2007) 5 KLR (pt. 237) 2339; (2007) 14 NWLR (Pt. 1055) 619

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

CHIEFTAINCY MATTERS - Chieftaincy declarations - Promulgation of - Powers of court - Courts cannot promulgate chieftaincy declarations - But may pronounce - On validity of such declarations - On the basis of prevailing customary law (H3) Mafimisebi v. Ehuwa (2007) 1 KLR (pt. 228) 539; (2007) 2 NWLR (Pt. 1018) 385

CHIEFTAINCY MATTERS - Constitutional law - Jurisdiction - High Court's unlimited jurisdiction - Under s. 236 (1) 1979 Constitution - Cannot be limited by any conflicting law (H2) Balogun v. Ode (2007) 2 KLR (pt. 230) 869; (2007) 4 NWLR (Pt. 1023) 1

CHIEFTAINCY MATTERS - Courts - Jurisdiction - Ouster clause in statute - In order to be effective - Must be unambiguous - And should not be inconsistent with the Constitution (H4) Balogun v. Ode (2007) 2 KLR (pt. 230) 869; (2007) 4 NWLR (Pt. 1023) 1

CHIEFTAINCY MATTERS - Courts - Traditional history - Allegation that trial court - Wrongfully applied demeanour of witness - In consideration of acts in recent years - Is not correct (H2) Salawu v. Yusuf (2007) 5 KLR (pt. 236) 2177; (2007) 12 NWLR (Pt. 1049) 707

CHIEFTAINCY MATTERS - Evidence - Contradictions - Where the contradictions are immaterial - To the fundamental issue - Court of Appeal rightly confirmed trial court's findings (H3) Salawu v. Yusuf (2007) 5 KLR (pt. 236) 2177; (2007) 12 NWLR (Pt. 1049) 707

CHIEFTAINCY MATTERS - Evidence - Traditional history - When conflicting and inconclusive on both sides - Trial court should consider acts in recent years (H1) Salawu v. Yusuf (2007) 5 KLR (pt. 236) 2177; (2007) 12 NWLR (Pt. 1049) 707

CHIEFTAINCY MATTERS - Reliefs claimed - Did not contravene Ajase case principles - Nor the Chiefs Law of Lagos State (H3) Balogun v. Ode (2007) 2 KLR (pt. 230) 869; (2007) 4 NWLR (Pt. 1023) 1

COMPANY LAW - Applicability - Constitutional law - Removal of Governor - Locus standi - Rule in Foss v. Harbottle - Cannot apply in a case on breach of the Constitution - Speaker, deputy speaker and members of

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

the House of Assembly - Have locus to commence action - Upon breach of s.188 1999 Constitution (H15) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

COMPANY LAW - Jurisdiction - Determination guide - Is the claim as endorsed in the writ of summons - Breach of contract action - Not being about company management - Federal High Court lacks jurisdiction (H3) Osun State Govt. v. Dalami Ltd (2007) 3 KLR (pt. 231) 1199; (2007) 9 NWLR (Pt. 1038) 66

COMPANY LAW - Master & servant - Issues - Relevance - Shares and dividends - Owned by plaintiff in defendant company - Issue related thereto - Was rightly ignored by lower court - For being irrelevant (H3) Osisanya v. Afribank Nigeria Plc (2007) 2 KLR (pt. 229) 833; (2007) 6 NWLR (Pt. 1031) 565

CONFLICT OF LAWS - Constitution - Jurisdiction - Chieftaincy matters - High Court's unlimited jurisdiction - Under s. 236 (1) 1979 Constitution - Cannot be limited by any conflicting law (H2) Balogun v. Ode (2007) 2 KLR (pt. 230) 869; (2007) 4 NWLR (Pt. 1023) 1

CONFLICT OF LAWS - Constitution - Supremacy - Statute that is inconsistent with the Constitution - Is to that extent void (H2) Odetayo v. Bamidele (2007) 5 KLR (pt. 238) 2433; (2007) 17 NWLR (Pt. 1062) 77

CONFLICT OF LAWS - Succession - Statutes - Administration of Estate Law, Lagos - S. 49(5) thereof does not legislate on matters - Preserved for the National Assembly exclusively under items 60 & 67 1979 Constitution - While it deals with intestate succession - Items 60 & 67 pertain to formation of marriage (H1) Obusez v. Obusez (2007) 4 KLR (pt. 235) 1971; (2007) 10 NWLR (Pt. 1043) 430

CONSTITUTIONAL LAW - Actions - Competence of plaintiff - Removal of Governor - Speaker of the House of Assembly - In view of his constitutional responsibilities - Has sufficient interest - To complain vide an action - On the breach of s.188 1999 Constitution (H14) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

CONSTITUTIONAL LAW - Actions - Counter claims - Declarations thereunder that have merit - Will be granted by the Supreme Court - While dismissing the rest of the claims (H10) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

CONSTITUTIONAL LAW - Actions - Jurisdiction - Federal High Court - Ss. 180 & 285 of 1999 Constitution - Looking at the claim which is predicated on s. 180 (2) (a) - Reliefs Sought are within Federal High Court's jurisdiction - Court of Appeal was wrong in holding otherwise (H2) Ladoja v. INEC (2007) 7 KLR (pt. 243) 3461; (2007) 12 NWLR (Pt. 1047) 115

CONSTITUTIONAL LAW - Appeals - Competence - Leave - Grounds of appeal - Where of fact or mixed law and fact - Failure to obtain leave of court - Makes the appeal incompetent - Vide s. 233(3) 1999 Constitution (H2) Opuiyo v. Omoniwari (2007) 6 KLR (pt. 241) 3109; (2007) 16 NWLR (Pt. 1060) 415

CONSTITUTIONAL LAW - Appeals - Competence - Supreme Court - Where appeal does not lie as of right - Vide s. 213(2) 1979 Constitution - Failure to obtain leave renders it incompetent - As the court lacks jurisdiction (H4) Kashadadi v. Noma (2007) 6 KLR (pt. 239) 2593; (2007) 13 NWLR (Pt. 1052) 510

CONSTITUTIONAL LAW - Appeals - Interest - Leave to appeal - Extension to time - 2nd respondent has interest vide s. 243(a) 1999 Constitution - As to entitle him seek leave to appeal (H3) Enyibros Foods Ltd v. NDIC (2007) 3 KLR (pt. 231) 1133; (2007) 9 NWLR (Pt. 1039) 216

CONSTITUTIONAL LAW - Appeals - Judgments - Court of Appeal - Justices that heard an appeal - Should reduce their judgment in writing - For its delivery by another Justice to be valid - Vide s. 294 1999 Constitution (H3) Sokoto State Govt. v. Kamdex Ltd (2007) 3 KLR (pt. 231) 1231; (2007) 7 NWLR (Pt. 1034) 466

CONSTITUTIONAL LAW - Appeals - Right of - Leave - Grounds of appeal - Whether of law or facts - Does not depend on the label given them - The three grounds in this appeal - Are all of law - Making leave of

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

court unnecessary (H2) Dairo v. Union Bank Plc (2007) 7 KLR (pt. 242) 3289; (2007) 16 NWLR (Pt. 1059) 99

CONSTITUTIONAL LAW - Appeals - S. 233(2) 1999 Constitution - Grounds of appeal - Nature - Whether a ground is one of law or mixed facts and law - Is subject to the question it raises - Present grounds in issue are of law (H1) Dapianlong v. Dariye (2007) 4 KLR (pt. 234) 1669; (2007) 8 NWLR (Pt. 1036) 332

CONSTITUTIONAL LAW - Appeals - Technicalities - Removal of Governor - The manner some State Assemblies have made it like a child's play - Calls for an arrest - Vide court's pursuit of doing substantial justice (H26) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Appeals - Vice President - While still in office - Cannot openly criticize the President - Or join another political party - As wrongfully held by the lower court (H8) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

CONSTITUTIONAL LAW - Applicability - Specific provision - Removal of Governors - Specific provision of s.188(9) - Will prevail over general provision - Of s.102 1999 Constitution (H21) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Arms of government - Checks and balances - The Legislature should not desecrate the Constitution - As the judiciary is alive to check acts of violation (H27) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Arraignment - Plea - Propriety of - Where plea was taken in the judge's chambers - Instead of a public place prescribed by s.33 (3) 1979 Constitution - The proceedings are null and void (H2) Edibo v. State (2007) 5 KLR (pt. 236) 2109; (2007) 13 NWLR (Pt. 1051) 306

CONSTITUTIONAL LAW - Bail - National security - Personal liberty s.35 1999 Constitution - Where national security is threatened - Accused

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

person's right to personal liberty - Will be curtailed as in this case (H7) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

CONSTITUTIONAL LAW - Charges - Fair hearing - S. 36 (6)(a) 1999 Constitution - Information about a criminal charge - Manner of framing charge - Varies before an Administrative Tribunal and a court of law (H3) Ndukwe v. LPDC (2007) 2 KLR (pt. 230) 1003; (2007) 5 NWLR (Pt. 1026) 1

CONSTITUTIONAL LAW - Chieftaincy - Jurisdiction - Ouster clause in statute - In order to be effective - Must be unambiguous - And should not be inconsistent with the Constitution (H4) Balogun v. Ode (2007) 2 KLR (pt. 230) 869; (2007) 4 NWLR (Pt. 1023) 1

CONSTITUTIONAL LAW - Constitution - Construction - Proviso in an enactment - Is an exception or qualification of the enacting part - Seven man panel of Supreme Court should be exceptional under proviso to s. 234 of 1999 Constitution (H5) Associated Ltd v. Amalgamated Ltd (2007) 7 KLR (pt. 242) 3185; (2007) 15 NWLR (Pt. 1056) 118

CONSTITUTIONAL LAW - Constitution - Definition - Interpretation - Courts cannot amend or change the wordings - Nor interpret the provisions in isolation (H6) Dapianlong v. Dariye (2007) 4 KLR (pt. 234) 1669; (2007) 8 NWLR (Pt. 1036) 332

CONSTITUTIONAL LAW - Constitution - Supremacy - Statute that is inconsistent with the Constitution - Is to that extent void (H2) Odetayo v. Bamidele (2007) 5 KLR (pt. 238) 2433; (2007) 17 NWLR (Pt. 1062) 77

CONSTITUTIONAL LAW - Courts - Federal High Court - Jurisdiction of - Is widened by ss. 251 (1) (f) & 315 of the 1999 Constitution - As that court is within legislative power of the National Assembly (H1) Omnia Ltd v. Dyktrade Ltd (2007) 7 KLR (pt. 243) 3635; (2007) 15 NWLR (Pt. 1058) 576

CONSTITUTIONAL LAW - Courts - Jurisdiction - Ouster clauses - How regarded by the judicial system - Wrong procedure adopted - In removal

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

of Governor - Is outside s. 188(10) 1999 Constitution - An ouster clause (H10) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Criminal defences - S.33 (2)(b) of 1999 Constitution - The provisions of that section - Is not a licence to the appellant - To summarily execute deceased - Extrajudicially as he did (H2) Ibikunle v. State (2007) 1 KLR (pt. 227) 55; (2007) 2 NWLR (Pt. 1019) 546

CONSTITUTIONAL LAW - Criminal procedure - Power to institute - Under the 1999 Constitution - Lies on the Attorney-General - Who may exercise it through officers of his department (H3) FRN v. Adewunmi (2007) 4 KLR (pt. 233) 1575; (2007) 10 NWLR (Pt. 1042) 399

CONSTITUTIONAL LAW - Criminal procedure law - Conflict - Right to personal liberty s. 32 1979 Constitution - S. 236(2) CPL that provides for remand in custody - Is not in conflict with the Constitution (H3) Lufadeju v. Johnson (2007) 3 KLR (pt. 232) 1327; (2007) 8 NWLR (Pt. 1037) 535

CONSTITUTIONAL LAW - Dispute - Pleadings - Controversy between States and Federation s. 232(1) 1999 Constitution - Is not disclosed in the Statement of Claim (H2) A-G Abia State v. A-G Federation (2007) 2 KLR (pt. 230) 853; (2007) 6 NWLR (Pt. 1029) 200

CONSTITUTIONAL LAW - Election petitions - Appeal - Where ruling of Court of Appeal appealed against - Relates to Governorship election s.246(3) 1999 Constitution - the matter terminates at the lower court - Leaving no spill over room to the Supreme Court (H2) Okonkwo v. Ngige (2007) 7 KLR (pt. 243) 3613; (2007) 12 NWLR (Pt. 1047) 191

CONSTITUTIONAL LAW - Elections - Appeal - Character of - Is not changed - Section of Constitution relied upon - Though appellant comes under s. 243 (a) The matter relates to elections under s. 246 1999 Constitution (H1) Okonkwo v. Ngige (2007) 7 KLR (pt. 243) 3613; (2007) 12 NWLR (Pt. 1047) 191

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

CONSTITUTIONAL LAW - Elections - Disqualification of candidates - Under s. 137(1) 1999 Constitution - Is not conferred upon respondent - By this or any other section or schedule of the Constitution (H2) Action Congress v. INEC (2007) 6 KLR (pt. 241) 2957; (2007) 12 NWLR (Pt. 1048) 220

CONSTITUTIONAL LAW - Elections - Disqualification of candidates - Ground for under s. 137(1)(i) 1999 Constitution - Is not self executing - But appertains exclusively to properly exercised judicial power (H3) Action Congress v. INEC (2007) 6 KLR (pt. 241) 2957; (2007) 12 NWLR (Pt. 1048) 220

CONSTITUTIONAL LAW - Fair hearing - Appeals - Issues - Courts - Need to confine itself - Only to the issues raised by the parties - As suo motu raising of issue - Amounts to denial of fair hearing (H7) A.G. Leventis Plc v. Akpu (2007) 6 KLR (pt. 240) 2763; (2007) 17 NWLR (Pt. 1063) 416

CONSTITUTIONAL LAW - Fair hearing - Fundamental nature of - Guaranteed under s. 33(1) 1979 Constitution - It cannot be waived nor be taken away by a statute - And it entails observance - Of the twin pillars of the rules of natural justice (H2) Ziideeh v. Rivers State Civil Serv. Comm. (2007) 1 KLR (pt. 227) 133; (2007) 3 NWLR (Pt. 1022) 554

CONSTITUTIONAL LAW - Fair trial - Armed robbery - Statements to Police - Where earlier statement of accused - Was not tendered by the prosecution - Fair trial guaranteed under the Constitution - Was not given (H6) Olayinka v. State (2007) 4 KLR (pt. 234) 1813; (2007) 9 NWLR (Pt. 1040) 561

CONSTITUTIONAL LAW - Federal Government - Single executive - Implications - Vice President's relationship with the President - Should be one of unity throughout their joint term in office (H7) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

CONSTITUTIONAL LAW - Fundamental rights - Enforcement of - Courts - Jurisdiction - Definition of court contained in the Fundamental Rights

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

Rules O. 1 r. 2 - Makes the Federal and State High Court to have concurrent jurisdiction (H1) Gafar v. Government of Kwara State (2007) 2 KLR (pt. 229) 743; (2007) 4 NWLR (Pt. 1024) 375

CONSTITUTIONAL LAW - Fundamental rights - Jurisdiction - Federal High Court has no jurisdiction in this case - In spite of its expanded constitutional jurisdiction - For respondents are not agencies of the Federal Government (H2) Gafar v. Government of Kwara State (2007) 2 KLR (pt. 229) 743; (2007) 4 NWLR (Pt. 1024) 375

CONSTITUTIONAL LAW - Governor's four-year term - Calculation of vide s. 180 (2) (a) of 1999 Constitution - For a person first elected as Governor - Begins to run from date of his taking Oath of Office (H11) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

CONSTITUTIONAL LAW - Governor's immunity - S. 308 of 1999 Constitution - Does not avail - Where the wrong has been in existence - Before the election (H2) Amaechi v. INEC (2007) 10-12 KLR (pt. 245) 3999

CONSTITUTIONAL LAW - Governor's tenure of office - Actions - Expeditious hearing - Extension of appellant's fixed four year tenure under s. 180 (2) (a) 1999 Constitution - Cannot be done by any court (H4) Ladoja v. INEC (2007) 7 KLR (pt. 243) 3461; (2007) 12 NWLR (Pt. 1047) 115

CONSTITUTIONAL LAW - House of Assembly - Impeachment of Governor - Where there is 14 vacant seats in a 24 membership House - 8 members cannot effect the Governor's impeachment - That requires two-thirds majority vide s. 188(9) 1999 Constitution - As rightly held by the Court of Appeal (H8) Dapianlong v. Dariye (2007) 4 KLR (pt. 234) 1669; (2007) 8 NWLR (Pt. 1036) 332

CONSTITUTIONAL LAW - Immunity - Against institution of criminal or civil proceedings - Is absolutely conferred on State Governor and some others - By s. 308 of 1999 Constitution (H1) Global Comm. Ltd v. Duke (2007) 7 KLR (pt. 242) 3343; (2007) 16 NWLR (Pt. 1059) 22

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

CONSTITUTIONAL LAW - Immunity of Governor - Judicial precedents - Tinubu case - Diction that supports no disability against Governor - To sue under s. 308 of 1999 Constitution is correct - While contrary dicta are rejected (H4) Global Comm. Ltd v. Duke (2007) 7 KLR (pt. 242) 3343; (2007) 16 NWLR (Pt. 1059) 22

CONSTITUTIONAL LAW - Impeachment - Jurisdiction - Removal of Vice President from office - Is the National Assembly's duty - Under s. 143, 1999 Constitution - The court has no jurisdiction to declare the office vacant (H9) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

CONSTITUTIONAL LAW - Impeachment - Powers - Vice President - Performs roles assigned by the President - Unlike the Ministers President cannot remove him from office - It is through impeachment by the National Assembly - Under s. 143 1999 Constitution (H6) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

CONSTITUTIONAL LAW - Impeachment - S. 188(1) & (2) 1999 Constitution - Meaning - As the word is not used and has very wide meaning - The proper word is removal from office (H3) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Impeachment of Governor - Words & phrases - Provision of s. 188(9) requiring two-thirds majority - Of members of the House of Assembly - Is in respect of all the members - Not just those present (H7) Dapianlong v. Dariye (2007) 4 KLR (pt. 234) 1669; (2007) 8 NWLR (Pt. 1036) 332

CONSTITUTIONAL LAW - Interpretation - Constitution - Court's duty is simply to interpret the law - Where the language is clear - Court must give effect to it (H2) Global Comm. Ltd v. Duke (2007) 7 KLR (pt. 242) 3343; (2007) 16 NWLR (Pt. 1059) 22

CONSTITUTIONAL LAW - Interpretation - Constitution - Principles of interpreting - Demand that Judges give no colouration to clear provisions - In line with intention of the Legislature (H10) Obi v. INEC (2007) 7

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

CONSTITUTIONAL LAW - Interpretation - Elections - Governor's four-year term of office - Court's application of s. 180 (2) (a) of 1999 Constitution - Will not truncate election time table - Judge is to declare what the law is - Not what it ought to be (H12) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

CONSTITUTIONAL LAW - Interpretation - Governor's immunity - Courts - Equity, fairness, etc. - Is not a principle of constitutional interpretation - Governor is not prohibited from suing personally - Under s. 308 of 1999 Constitution (H3) Global Comm. Ltd v. Duke (2007) 7 KLR (pt. 242) 3343; (2007) 16 NWLR (Pt. 1059) 22

CONSTITUTIONAL LAW - Interpretation - Isolation - Provisions of the Constitution or a statute - Should not be interpreted in isolation but in context - While plain words should be given their natural meaning (H1) Action Congress v. INEC (2007) 6 KLR (pt. 241) 2957; (2007) 12 NWLR (Pt. 1048) 220

CONSTITUTIONAL LAW - Interpretation - Shall - Whether obligatory or permissive in an enactment - Depends on the context - Whether used in the constitution, statute or Rules of Court (H3) Associated Ltd v. Amalgamated Ltd (2007) 7 KLR (pt. 242) 3185; (2007) 15 NWLR (Pt. 1056) 118

CONSTITUTIONAL LAW - Interpreting the Constitution - Courts' approach - Is to follow established principles - Which include taking circumstances of our people into consideration (H5) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

CONSTITUTIONAL LAW - Jurisdiction - Chieftaincy matters - High Court's unlimited jurisdiction - Under s. 236 (1) 1979 Constitution - Cannot be limited by any conflicting law (H2) Balogun v. Ode (2007) 2 KLR (pt. 230) 869; (2007) 4 NWLR (Pt. 1023) 1

CONSTITUTIONAL LAW - Jurisdiction - Court of Appeal erred - In linking present case - To class of matters that should be tried - By Elec

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

tion Tribunals under s. 285 (1) (b) 1999 Constitution - Unto denial of its and trial court's jurisdiction (H3) Ladoja v. INEC (2007) 7 KLR (pt. 243) 3461; (2007) 12 NWLR (Pt. 1047) 115

CONSTITUTIONAL LAW - Jurisdiction - Determination of - Evidence may or may not be taken - Where it is in relation to a constitutional provision - Totality of the section not mere subsections - Must be considered (H6) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Jurisdiction - Federal High Court - S. 251 (1) (q) & (r) of 1999 Constitution empowers the court - With duty of interpreting the Constitution - And the phrase notwithstanding - Is meant to preserve and not fetter the section (H6) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

CONSTITUTIONAL LAW - Jurisdiction - High Court's unlimited jurisdiction - Vide s. 236(1) 1979 Constitution - Does not invalidate s. 239 - As to each State's High Court Rules - Governing its exercise of jurisdiction (H3) Capital Ltd v. Shelter Ltd (2007) 1 KLR (pt. 227) 1; (2007) 3 NWLR (Pt. 1020) 148

CONSTITUTIONAL LAW - Jurisdiction - Judicial precedents - Removal of Governor - Some conditions must be fulfilled - Before court will decline jurisdiction under s. 188(10) 1999 Constitution - And the case of Abaribe - Is not applicable in this matter (H7) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Jurisdiction - Rules of Court - Where a State High Court has jurisdiction - High Court Law of another State shall not apply - Vide s. 239 1979 Constitution (H2) Capital Ltd v. Shelter Ltd (2007) 1 KLR (pt. 227) 1; (2007) 3 NWLR (Pt. 1020) 148

CONSTITUTIONAL LAW - Jurisdiction - Rural land - Land Use Act s. 41 - Cannot oust High Court's unlimited jurisdiction under s. 236 1999 Constitution - Adisa case now donates concurrent jurisdiction - To High Court and Customary Court (H1) Odetayo v. Bamidele (2007) 5 KLR (pt. 238) 2433; (2007) 17 NWLR (Pt. 1062) 77

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

CONSTITUTIONAL LAW - Jurisdiction - Supreme Court - Reliefs sought - Have nothing to do with the defendant - And arising from criminal proceedings - Supreme Court is barred from exercising original jurisdiction - Vide proviso to s. 232 (2) 1999 Constitution (H4) A-G Kano State v. A-G Federation (2007) 3 KLR (pt. 231) 1105; (2007) 6 NWLR (Pt. 1029) 164

CONSTITUTIONAL LAW - Jurisdiction - Tenure of Governor's office - Where appellant seeks Constitutional pronouncement - As to his tenure in office - Federal High Court has jurisdiction - Lower courts' contrary decision is set aside (H7) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

CONSTITUTIONAL LAW - Legislation - Parliamentary action - Power to suspend its rules - Where exercised mala fide - It will be deemed illegal and unconstitutional (H22) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Legislation - Removal of Governor - House of Assembly - Place of sitting - Should be the building provided for that purpose - Not a hotel - As it is not a secret cult (H12) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Locus standi - Meaning - Party who seeks declaratory relief under the Constitution - Must show vide his statement of claim - That he has a substantial Constitutional interest - That is violated or breached to his detriment (H13) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Murder - Constitutional defence - Under s.33(2)(b), 1999 Constitution - The defence avails only those whose presence at scene of murder - Is in furtherance of lawful arrest - In circumstances permitted by law (H5) Ibikunle v. State (2007) 1 KLR (pt. 227) 55; (2007) 2 NWLR (Pt. 1019) 546

CONSTITUTIONAL LAW - Ouster clause - Removal of Governor - Procedure & proceedings - Difference in the two words - S. 188(10)

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

1999 Constitution - Is an ouster clause on proceedings - And does not affect the procedure spelt out in s. 188(1) - (6) (H9) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Presumption of innocence - S. 33(5) 1979 Constitution - Where accused was merely remanded in custody by magistrate - Without any plea - The presumption is not removed thereby (H5) Lufadeju v. Johnson (2007) 3 KLR (pt. 232) 1327; (2007) 8 NWLR (Pt. 1037) 535

CONSTITUTIONAL LAW - Removal of Governor - Appeals - Court of Appeal's power - Under s.16 of the Act - Purpose of the section - Speedy administration of justice - Sufficient materials abound - To enable Court of Appeal invoke s.16 - In deciding the real question in controversy (H19) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Removal of Governor - Locus standi - Rule in Foss v. Harbottle - Cannot apply in a case on breach of the Constitution - Speaker, deputy speaker and members of the House of Assembly - Have locus to commence action - Upon breach of s.188 1999 Constitution (H15) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Removal of Governor - S. 188 1999 Constitution - Basis - Should be for gross misconduct - Not political or vendetta purpose (H4) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Removal of Governor - S. 188 1999 Constitution - Outline of acts of breach of the section by appellants - Breach of one condition is enough - To make a court hold that the procedure is unconstitutional (H11) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - Stare decisis - Foreign cases - Are only persuasive - Cases based on USA Constitution on impeachment - Are not applicable to our removal of Governor provisions - As the facts are not

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

the same (H8) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

CONSTITUTIONAL LAW - State matter - Actions - Remedy - Interest of the State - Wrong done to a Governor personally - Should be pursued by him vide personal legal action - Without converting it into a State matter (H5) A-G Anambra v. A-G Federation (2007) 6 KLR (pt. 241) 3035; (2007) 12 NWLR (Pt. 1047) 1

CONSTITUTIONAL LAW - Succession - Statutes - Administration of Estate Law, Lagos - S. 49(5) thereof does not legislate on matters - Preserved for the National Assembly exclusively under items 60 & 67 1979 Constitution - While it deals with intestate succession - Items 60 & 67 pertain to formation of marriage (H1) Obusez v. Obusez (2007) 4 KLR (pt. 235) 1971; (2007) 10 NWLR (Pt. 1043) 430

CONSTITUTIONAL LAW - Supremacy - Political party - Internal regulations of - Cannot deny any person right of access to court - In view of supremacy of the Constitution (H8) Ugwu v. Ararume (2007) 6 KLR (pt. 239) 2635; (2007) 12 NWLR (Pt. 1048) 365

CONSTITUTIONAL LAW - Supreme Court - Appeals - Panel of seven Justices - Provided for by use of "shall" in the proviso to s. 234 of 1999 Constitution - Is permissive - So that panel of five justices - That determined the appeal in issue - Is not unconstitutional (H6) Associated Ltd v. Amalgamated Ltd (2007) 7 KLR (pt. 242) 3185; (2007) 15 NWLR (Pt. 1056) 118

CONSTITUTIONAL LAW - Supreme Court - Jurisdiction - Appeal - Where right of appeal is not constitutionally conferred - The court has no jurisdiction to entertain the appeal (H3) Okonkwo v. Ngige (2007) 7 KLR (pt. 243) 3613; (2007) 12 NWLR (Pt. 1047) 191

CONSTITUTIONAL LAW - Supreme Court - Jurisdiction - Parties - Dispute - There is no dispute as envisaged by s. 232 1999 Constitution - Between the present parties - To warrant exercise of Supreme Court's original jurisdiction (H3) A-G Anambra v. A-G Federation (2007) 6 KLR (pt. 241) 3035; (2007) 12 NWLR (Pt. 1047) 1

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

CONSTITUTIONAL LAW - Supreme Court - Original jurisdiction - Complaints must be against the Federation - For jurisdiction to accrue under s. 232 1999 Constitution (H2) A-G Kano State v. A-G Federation (2007) 3 KLR (pt. 231) 1105; (2007) 6 NWLR (Pt. 1029) 164

CONSTITUTIONAL LAW - Supreme Court - Original jurisdiction - Under s. 232 1999 Constitution - Where no dispute exists between the parties - Supreme Court has no jurisdiction to determine the case (H6) A-G Anambra v. A-G Federation (2007) 6 KLR (pt. 241) 3035; (2007) 12 NWLR (Pt. 1047) 1

CONSTITUTIONAL LAW - Tenure of Governor's Office - Election Tribunals - S. 184 of 1999 Constitution - Question of appellant's four year term as Governor - Is not for Election Tribunal to determine - Given the circumstances of this case (H5) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

CONSTITUTIONAL LAW - Trial - Fair trial within a reasonable time - S. 33(4) 1979 Constitution - Is not fettered by s. 236 (3) CPL - As what is reasonable time is subjective (H4) Lufadeju v. Johnson (2007) 3 KLR (pt. 232) 1327; (2007) 8 NWLR (Pt. 1037) 535

CONSTITUTIONAL LAW - Tribunals - Fair hearing - Breach - Respondent being a domestic tribunal - Is bound to observe rules of natural justice - And breach of s. 33(1) 1979 Constitution - Will make decision reached a nullity (H3) Ziideeh v. Rivers State Civil Serv. Comm. (2007) 1 KLR (pt. 227) 133; (2007) 3 NWLR (Pt. 1022) 554

CONSTITUTIONAL LAW - Violation - Charges - Plea - Interpretation - Where accused makes his plea and court proceeds with the trial - There is no need for an interpreter - Where accused understands language of court - Provisions of the Constitution & CPL are not violated (H1) Nwachukwu v. State (2007) 7 KLR (pt. 242) 3371; (2007) 17 NWLR (Pt. 1062) 31

CONTRACTS - Actions - Reliefs not claimed - Bailment - Where not claimed by either party - Court of Appeal was wrong - In introducing the

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

issue and resolving it suo motu (H5) Adetoun O. Ltd v. Nigerian Breweries Plc (2007) 1 KLR (pt. 228) 217; (2007) 5 NWLR (Pt. 1027) 415

CONTRACTS - Admission - Carriage of goods - Limitation of liability - Admission of loss of goods - Without offering explanation to proved fraud or negligence - Makes the Hague Rules and the per package limitation inapplicable (H5) M/V Gongola Hope v. Smurfit Cases Ltd (2007) 6 KLR (pt. 239) 2609; (2007) 15 NWLR (Pt. 1056) 189

CONTRACTS - Appeals - Issues - Insurance contract - Courts - Where Court of Appeal decided the appeal - On a single issue formulated by it - No miscarriage of justice was done - As that issue captured the crux of the matter (H2) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

CONTRACTS - Breach - Appeals - Insurance contract - Interpretation - Provision of clause 8 (c) as to removal of insured goods to another building - Was rightly interpreted by lower courts - To require approval of defendant - Not just plaintiff's written notification - Breach of which entitles defendant to avoid the policy (H5) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

CONTRACTS - Breach - Hire purchase - Outstanding instalment - Cannot be recovered by respondent - That has violated the Hire Purchase Act (H6) Civil Design Constr. Ltd v. SCOA Ltd (2007) 2 KLR (pt. 230) 889; (2007) 6 NWLR (Pt. 1030) 300

CONTRACTS - Breach - Limitation of actions - S. 2 Public Officers (Protection) Act - That can make a suit statute barred - Does not apply to action for breach of contract (H2) Osun State Govt. v. Dalami Ltd (2007) 3 KLR (pt. 231) 1199; (2007) 9 NWLR (Pt. 1038) 66

CONTRACTS - Building contract - Actions - Diplomatic immunity - Where the contract provided that any dispute - Could be litigated upon - Appellant cannot claim that it has not waived its immunity (H3) African Reins. Corp. v. J.D.P. Ltd (2007) 5 KLR (pt. 236) 2089; (2007) 11 NWLR (Pt. 1045) 224

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

CONTRACTS - Carriage of goods - Evidence - Deduction - Shipped containers - Original wire seals - Were upon all five containers in issue - Not on three as argued by appellants (H3) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

CONTRACTS - Carriage of goods - Evidence of those - That witnessed the discharge of the containers - Established respondents' discharge of appellants' containers into custody of Nigerian Ports Authority (H1) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

CONTRACTS - Carriage of goods - Loss of contents of containers - Proof - By clause 10 of the Bills of Lading - Onus on appellants - To prove that the loss occurred - Whilst the containers were in respondents' custody - Was not discharged (H2) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

CONTRACTS - Cause of action - Validity of - Averments in the statement of claim - Show a breach of contract - Which is a valid cause of action to be heard - Even if the action may fail (H3) Chevron Ltd v. Lonestar Ltd (2007) 7 KLR (pt. 243) 3437; (2007) 16 NWLR (Pt. 1059) 168

CONTRACTS - Contracts of employment - Three categories of - Includes one with statutory flavour - Which is the type protected by statute - Or laid down regulations (H1) CBN v. Igwillo (2007) 5 KLR (pt. 237) 2275; (2007) 14 NWLR (Pt. 1054) 393

CONTRACTS - Courts - Error - Findings of trial court - On wrongful termination of contract - And award of damages - Were not based on plaintiff's complaint as pleaded (H4) Osun State Govt. v. Dalami Ltd (2007) 3 KLR (pt. 231) 1199; (2007) 9 NWLR (Pt. 1038) 66

CONTRACTS - Damages - Admissions - Where facts are undisputed - As to percentage of fee due - Lower court's award based on mathematical calculation - Is correct (H5) Dalek Ltd v. OMPADEC (2007) 2 KLR (pt. 229) 701; (2007) 7 NWLR (Pt. 1033) 402

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

CONTRACTS - Damages - Existence of contract - Where not established - Court of Appeal rightly reversed trial court's award of damages (H3) Dalek Ltd v. OMPADEC (2007) 2 KLR (pt. 229) 701; (2007) 7 NWLR (Pt. 1033) 402

CONTRACTS - Dishonoured Cheque - Conviction - Where appellant issued a dishonoured cheque - Under an enforceable contract - Her conviction by lower courts are proper (H3) Abeke v. State (2007) 3 KLR (pt. 231) 1081; (2007) 9 NWLR (Pt. 1040) 411

CONTRACTS - Existence - Proof - Issue of exhibit B being a counter offer is irrelevant - Appellant is to prove assignment of the project in issue to it (H1) Dalek Ltd v. OMPADEC (2007) 2 KLR (pt. 229) 701; (2007) 7 NWLR (Pt. 1033) 402

CONTRACTS - Interpretation - Cross appeal - Clause 8(c) of the contract being very clear - Court of Appeal erred in making a finding - That will alter the meaning of that clause (H7) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

CONTRACTS - Jurisdiction - Admiralty - Plaintiff's claim is for breach of contract - And has nothing to do - With Federal High court's admiralty jurisdiction (H5) Chevron Ltd v. Lonestar Ltd (2007) 7 KLR (pt. 243) 3437; (2007) 16 NWLR (Pt. 1059) 168

CONTRACTS - Jurisdiction - Determination guide - Is the claim as endorsed in the writ of summons - Breach of contract action - Not being about company management - Federal High Court lacks jurisdiction (H3) Osun State Govt. v. Dalami Ltd (2007) 3 KLR (pt. 231) 1199; (2007) 9 NWLR (Pt. 1038) 66

CONTRACTS - Land - Sale - Agreement - Where a party has paid part of the agreed price - In line with the agreed terms - There is a binding agreement - That conveys the seller's interest to that party (H4) Yaro v. Arewa Constr. Ltd (2007) 6 KLR (pt. 240) 2905; (2007) 17 NWLR (Pt. 1063) 333

CONTRACTS - Performance - Privity - Stranger to the contract be

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

tween the parties - Cannot be dragged into the contract by appellants - Who failed to perform their own part (H3) UBA Plc v. Jargaba (2007) 5 KLR (pt. 238) 2505; (2007) 11 NWLR (Pt. 1045) 247

CONTRACTS - Specific performance - Sale of land - Though agreement of sale exists in this case - Only equity of redemption was acquired - Thereby making order of specific performance unavailable (H6) Yaro v. Arewa Constr. Ltd (2007) 6 KLR (pt. 240) 2905; (2007) 17 NWLR (Pt. 1063) 333

CONTRACTS - Terms - Inference - That appellant's managing director - Served as a member of the monitoring team - Which inspected some projects - Does not justify inference of a contract (H2) Dalek Ltd v. OMPADEC (2007) 2 KLR (pt. 229) 701; (2007) 7 NWLR (Pt. 1033) 402

CONTRACTS - Terms - Proper construction of - Court is not to make agreement for parties - Though it may fall back on the intention - Behind the words used - Where their meaning are not clear (H1) Adetoun O. Ltd v. Nigerian Breweries Plc (2007) 1 KLR (pt. 228) 217; (2007) 5 NWLR (Pt. 1027) 415

CONTRACTS - Variation - Master & Servant - Transfer of service - Probation - Where letter of appointment provided for probationary period - Correspondence that shows parties agreed on transfer of service - Varies that  probationary condition (H4) CBN v. Igwillo (2007) 5 KLR (pt. 237) 2275; (2007) 14 NWLR (Pt. 1054) 393

CONTRACTS - Written contract - Construction of - Court's function is to give effect to the agreed terms - Parties understanding of the clause is irrelevant - As court is concerned with interpretation of the words used (H4) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

CONTRACTS - Wrongful termination - Damages - Reduction - Evidence - As to yearly profit of appellant - Though not challenged - Its proper effect - Is to award one month profit as damages - As properly done by Court of Appeal (H2) Adetoun O. Ltd v. Nigerian Breweries Plc (2007) 1 KLR (pt. 228) 217; (2007) 5 NWLR (Pt. 1027) 415

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

CONTRACTS - Wrongful termination of - Damages - Where penalty clause provided the amount of remedy - That alone becomes plaintiff's entitlement - As parties are bound by their agreement (H5) Osun State Govt. v. Dalami Ltd (2007) 3 KLR (pt. 231) 1199; (2007) 9 NWLR (Pt. 1038) 66

CONVEYANCING - Family land - Partition - Effect - Where land has been validly sold - And vested vide a deed of conveyance - A later partition will not affect validity of the sale (H4) Kazeem v. Mosaku (2007) 2 KLR (pt. 230) 949; (2007) 17 NWLR (Pt. 1064) 523

CONVEYANCING - Land Use Act - Leases - Appeals - Governor's consent - Entering into written sublease agreement - Before seeking Governor's consent - Is not unlawful - As rightly held by Court of Appeal (H4) Brossette Manu. Ltd v. M\S Ola I. Ltd (2007) 5 KLR (pt. 237) 2235; (2007) 14 NWLR (Pt. 1053) 109

CONVEYANCING - Land Use Act - Title - Governor's consent - Agreement prepared in anticipation - Remains inchoate till consent is obtained - Such document cannot transfer title (H3) Brossette Manu. Ltd v. M\S Ola I. Ltd (2007) 5 KLR (pt. 237) 2235; (2007) 14 NWLR (Pt. 1053) 109

CONVEYANCING - Leases - Land Use Act - Certificate of occupancy - Revocation of in this case - Was only on ground of holder's failure - To secure Governor's consent to a sublease s. 22(1) of the Act - Yet written agreement is presupposed - Before seeking Governor's consent (H1) Brossette Manu. Ltd v. M\S Ola I. Ltd (2007) 5 KLR (pt. 237) 2235; (2007) 14 NWLR (Pt. 1053) 109

CONVEYANCING - Title - Proof - Presentation of a valid document of title per se - Though one of the ways to prove title - Will only avail after consideration of several factors (H1) Akinduro v. Alaya (2007) 6 KLR (pt. 239) 2569; (2007) 15 NWLR (Pt. 1057) 312

CONVEYANCING - Trespass - Conveyances - Where trespass and not title is in issue - Issues of whether original conveyance was produced -

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

Or weight of the one produced is irrelevant (H5) Ogunyade v. Oshunkeye (2007) 7 KLR (pt. 242) 3407; (2007) 15 NWLR (Pt. 1057) 218

CONVICTION - Appeals - Acquittal - Court Martial - Where trial is declared a nullity by Court of Appeal - Based on lack of jurisdiction - Only to discharge the accused is the proper verdict (H2) NAF v. Kamaldeen (2007) 2 KLR (pt. 230) 973; (2007) 7 NWLR (Pt. 1032) 164

CONVICTION - Appeals - Acquittal - Doubt - Armed robbery - Proof beyond reasonable doubt - Where not established - Appellant will be acquitted (H7) Olayinka v. State (2007) 4 KLR (pt. 234) 1813; (2007) 9 NWLR (Pt. 1040) 561

CONVICTION - Appeals - Interference - Concurrent findings - Can only be disturbed by the Supreme Court - Where shown to be perverse (H1) Ndidi v. State (2007) 5 KLR (pt. 238) 2401; (2007) 13 NWLR (Pt. 1052) 633

CONVICTION - Armed robbery - Link with the offence - Is established - As accused persons were convicted - On their voluntary confessional statements (H4) Dibie v. State (2007) 3 KLR (pt. 232) 1261; (2007) 9 NWLR (Pt. 1038) 30

CONVICTION - Arrest - Murder - Manslaughter - Where force used in effecting arrest was not excessive - But death occurred - Manslaughter would be the conviction to impose (H4) Edibo v. State (2007) 5 KLR (pt. 236) 2109; (2007) 13 NWLR (Pt. 1051) 306

CONVICTION - Court martial - Charge - Essential element - In the case against respondent - Was rightly held not established - By the Court of Appeal (H2) Nigerian Navy v. Ibe-Lambert (2007) 9 KLR (pt. 244) 3705; (2007) 18 NWLR (Pt. 1066) 300

CONVICTION - Culpable homicide - Evidence - Of prosecution witnesses - Where not challenged or contradicted - Appellant's conviction based on his admission - Is proper (H3) Shalla v. State (2007) 10-12 KLR (pt. 245) 3929; (2007) 18 NWLR (Pt. 1066) 240

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

CONVICTION - Culpable homicide - Unchallenged evidence - Coupled with appellant's admission - That he incited other accused persons unto killing deceased - Justify failure of his two issues (H3) Yaro v. State (2007) 10-12 KLR (pt. 245) 3977; (2007) 18 NWLR (Pt. 1066) 215

CONVICTION - Dishonoured cheque - Where appellant issued a dishonoured cheque - Under an enforceable contract - Her conviction by lower courts are proper (H3) Abeke v. State (2007) 3 KLR (pt. 231) 1081; (2007) 9 NWLR (Pt. 1040) 411

CONVICTION - Lesser offence - Limitation - Duplicity - For such conviction to be proper - The ingredients of the offences - Must be similar (H5) NAF v. Kamaldeen (2007) 2 KLR (pt. 230) 973; (2007) 7 NWLR (Pt. 1032) 164

CONVICTION - Murder - Burden of proof - Rests with the prosecution - To prove guilt of the accused beyond reasonable doubt - Resulting doubt in the present case - Is resolved in appellant's favour - Unto discharging and acquitting him (H5) Udosen v. State (2007) 1 KLR (pt. 227) 91; (2007) 4 NWLR (Pt. 1023) 125

CONVICTION - Murder - Confessional statement - Where voluntary, positive, direct and properly proved - Conviction can be solely based on it - Without corroboration (H3) Mohammed v. State (2007) 4 KLR (pt. 235) 1921

CONVICTION - Murder - Proof - Circumstantial evidence - Can support conviction - Where it is cogent and compelling - And points to guilt with mathematical accuracy (H1) Mohammed v. State (2007) 4 KLR (pt. 235) 1921

CONVICTION - Murder - Proof - Confessional statement - That is direct and positive - Can ground conviction for murder - Without further corroboration (H4) Nwachukwu v. State (2007) 7 KLR (pt. 242) 3371; (2007) 17 NWLR (Pt. 1062) 31

CONVICTION - Propriety - Armed Robbery - Identification - Quality of evidence on recognition of appellant - Was very low and poor to ground

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

conviction (H5) Ndidi v. State (2007) 5 KLR (pt. 238) 2401; (2007) 13 NWLR (Pt. 1052) 633

CONVICTION - Propriety of - Cheque - Forgery & uttering of - Where respondent know the fraud and deceit - And joined in sharing the amount cashed - Contrary to its purpose - His conviction was proper (H7) NAF v. Kamaldeen (2007) 2 KLR (pt. 230) 973; (2007) 7 NWLR (Pt. 1032) 164

CONVICTION - Propriety of - Conspiracy - Stealing - Respondent was properly convicted - As he failed to show authorization - To handle the money the way he did (H4) NAF v. Kamaldeen (2007) 2 KLR (pt. 230) 973; (2007) 7 NWLR (Pt. 1032) 164

CONVICTION - Rape - Corroboration - Though available in this case - Accused can be convicted - On the uncorroborated evidence of the victim (H3) Ogunbayo v. State (2007) 3 KLR (pt. 231) 1171; (2007) 8 NWLR (Pt. 1035) 157

CONVICTION - Reversal - Appeals - Retrial - Propriety - Where order of retrial will be oppressive - Verdict of discharge will be made (H5) Edibo v. State (2007) 5 KLR (pt. 236) 2109; (2007) 13 NWLR (Pt. 1051) 306

CORROBORATION - Armed robbery - Proof - Confessional statements - Were rightly relied upon - After finding corroboration though corroboration is not mandatory - Case was proved beyond reasonable doubt (H3) Dibie v. State (2007) 3 KLR (pt. 232) 1261; (2007) 9 NWLR (Pt. 1038) 30

CORROBORATION - Meaning and nature of - Must be an independent testimony - That confirms the accused person has committed the offence (H2) Ogunbayo v. State (2007) 3 KLR (pt. 231) 1171; (2007) 8 NWLR (Pt. 1035) 157

CORROBORATION - Murder - Confessional statement - Where voluntary, positive, direct and properly proved - Conviction can be solely based on it - Without corroboration (H3) Mohammed v. State (2007) 4 KLR

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

(pt. 235) 1921

CORROBORATION - Murder - Proof - Confessional statement - That is direct and positive - Can ground conviction for murder - Without further corroboration (H4) Nwachukwu v. State (2007) 7 KLR (pt. 242) 3371; (2007) 17 NWLR (Pt. 1062) 31

CORROBORATION - Rape - Corroboration - Though available in this case - Accused can be convicted - On the uncorroborated evidence of the victim (H3) Ogunbayo v. State (2007) 3 KLR (pt. 231) 1171; (2007) 8 NWLR (Pt. 1035) 157

COURT MARTIAL - Acquittal - Where trial is declared a nullity by Court of Appeal - Based on lack of jurisdiction - Only to discharge the accused is the proper verdict (H2) NAF v. Kamaldeen (2007) 2 KLR (pt. 230) 973; (2007) 7 NWLR (Pt. 1032) 164

COURT MARTIAL - Competence - Convening order - Was signed on behalf of the appropriate authority - In line with s. 286 Armed Forces Decree (H1) NAF v. Kamaldeen (2007) 2 KLR (pt. 230) 973; (2007) 7 NWLR (Pt. 1032) 164

COURT MARTIAL - Conspiracy - Stealing - Respondent was properly convicted - As he failed to show authorization - To handle the money the way he did (H4) NAF v. Kamaldeen (2007) 2 KLR (pt. 230) 973; (2007) 7 NWLR (Pt. 1032) 164

COURT MARTIAL - Restitution - Order of restitution against respondent - Was properly made by the Court Martial (H9) NAF v. Kamaldeen (2007) 2 KLR (pt. 230) 973; (2007) 7 NWLR (Pt. 1032) 164

COURT PROCESSES - Actions - Commencement - Originating summons - Is used in matters where facts are not in dispute - Issue of jurisdiction is better handled - Together with the merits of the case (H5) Dapianlong v. Dariye (2007) 4 KLR (pt. 234) 1669; (2007) 8 NWLR (Pt. 1036) 332

COURT PROCESSES - Competence - Signature - A firm of solicitors -

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

Not being a registered legal practitioner - Motions and processes signed by it - Are incompetent (H2) Okafor v. Nweke (2007) 3 KLR (pt. 232) 1419; (2007) 10 NWLR (Pt. 1043) 521

COURT PROCESSES - Originating summons - Is used in commencing proceedings - Where facts are not in dispute - The cynosure is applicable law and its construction (H1) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

COURTS - Abuse of process - Fraud - Appeals - Where issue of fraud was not raised promptly - But a party rather appealed against the judgment - To file a fresh suit just to raise issue of fraud - Is an abuse of court's process (H6) Ntuks v. NPA (2007) 5 KLR (pt. 237) 2367; (2007) 13 NWLR (Pt. 1050) 392

COURTS - Abuse of process - Judgments - Subsisting judgment - Move to set it aside by fresh action - After an appeal against that judgment was dismissed - Is an abuse of court's process (H4) Ntuks v. NPA (2007) 5 KLR (pt. 237) 2367; (2007) 13 NWLR (Pt. 1050) 392

COURTS - Access to - Constitution - Supremacy - Political party - Internal regulations of - Cannot deny any person right of access to court - In view of supremacy of the Constitution (H8) Ugwu v. Ararume (2007) 6 KLR (pt. 239) 2635; (2007) 12 NWLR (Pt. 1048) 365

COURTS - Actions - Discontinuance - Statement of defence - Though filed out of time by 3rd defendant - Consequences of the Notice of Discontinuance - Should be made same on all the defendants - By trial court (H4) Babatunde v. Pan Atlantic Shipping Ltd (2007) 4 KLR (pt. 234) 1623; (2007) 13 NWLR (Pt. 1050) 113

COURTS - Actions - Evidence - Where evidence given is not challenged by opposite party - The court is at liberty - To act on the unchallenged evidence (H7) Ogunyade v. Oshunkeye (2007) 7 KLR (pt. 242) 3407; (2007) 15 NWLR (Pt. 1057) 218

COURTS - Actions - Fundamental rights - Enforcement of - It should be the main not accessory claim - Court that has no jurisdiction over the

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

main claim - Should not dabble into fundamental rights issue (H3) Gafar v. Government of Kwara State (2007) 2 KLR (pt. 229) 743; (2007) 4 NWLR (Pt. 1024) 375

COURTS - Actions - Hearing - Ought not be denied a party - Save where the action is devoid of all merits - Even on the supposition that the statement of claim is admitted (H4) Chevron Ltd v. Lonestar Ltd (2007) 7 KLR (pt. 243) 3437; (2007) 16 NWLR (Pt. 1059) 168

COURTS - Actions - Jurisdiction - Admiralty - Contracts - Plaintiff's claim is for breach of contract - And has nothing to do - With Federal High court's admiralty jurisdiction (H5) Chevron Ltd v. Lonestar Ltd (2007) 7 KLR (pt. 243) 3437; (2007) 16 NWLR (Pt. 1059) 168

COURTS - Actions - Jurisdiction - Federal High Court - Ss. 180 & 285 of 1999 Constitution - Looking at the claim which is predicated on s. 180 (2) (a) - Reliefs Sought are within Federal High Court's jurisdiction - Court of Appeal was wrong in holding otherwise (H2) Ladoja v. INEC (2007) 7 KLR (pt. 243) 3461; (2007) 12 NWLR (Pt. 1047) 115

COURTS - Actions - Jurisdiction - Striking out - Where a court holds that it has no jurisdiction - It should strike out the action - And not dismiss it - Since dismissal should flow from adjudication on the merits (H2) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

COURTS - Actions - Lis or cause of action - Meaning of - Includes controversy - Plaintiff must show the injury he sustained - And an interest that is above that of the general public (H1) A-G Federation v. Abubakar (2007) 4 KLR (pt. 233) 1435; (2007) 10 NWLR (Pt. 1041) 1

COURTS - Actions - Negligence - Failure to supply the particulars - And failure of court to pronounce on the omission - Did not occasion miscarriage of justice - To warrant dismissal of the suit (H2) A.G. Leventis Plc v. Akpu (2007) 6 KLR (pt. 240) 2763; (2007) 17 NWLR (Pt. 1063) 416

COURTS - Actions - Reliefs - Parties and court - Are bound by the case presented and issues raised thereby - Instant Case deals with trial court's

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

lack of jurisdiction (H1) Associated Ltd v. Amalgamated Ltd (2007) 7 KLR (pt. 242) 3185; (2007) 15 NWLR (Pt. 1056) 118

COURTS - Actions - Reliefs not claimed - Bailment - Where not claimed by either party - Court of Appeal was wrong - In introducing the issue and resolving it suo motu (H5) Adetoun O. Ltd v. Nigerian Breweries Plc (2007) 1 KLR (pt. 228) 217; (2007) 5 NWLR (Pt. 1027) 415

COURTS - Actions - Retrial - Consequence of a retrial or de novo order - Is as if no trial whatsoever has been had - So that earlier part heard trials - Are not part of the new records (H5) Babatunde v. Pan Atlantic Shipping Ltd (2007) 4 KLR (pt. 234) 1623; (2007) 13 NWLR (Pt. 1050) 113

COURTS - Actions - Withdrawn case - Dismissal of - By trial Court - Is wrong in this case - Since the Rules of Court contemplated striking out - And litis contestatio was not reached by the parties (H6) Babatunde v. Pan Atlantic Shipping Ltd (2007) 4 KLR (pt. 234) 1623; (2007) 13 NWLR (Pt. 1050) 113

COURTS - Admissions - Definition - Agency - Banking - Admission by 2nd appellant vide the exhibits - That were not countered - Will be relied upon by court as relevant (H7) UBA Plc v. Jargaba (2007) 5 KLR (pt. 238) 2505; (2007) 11 NWLR (Pt. 1045) 247

COURTS - Appeals - Briefs - Arguments - Canvassed on appeal - Contrary to findings of fact not appealed against - Have no basis in law - And cannot be countenanced - By appellate court (H4) Ibikunle v. State (2007) 1 KLR (pt. 227) 55; (2007) 2 NWLR (Pt. 1019) 546

COURTS - Appeals - Competence - Leave - Grounds of appeal - Where of fact or mixed law and fact - Failure to obtain leave of court - Makes the appeal incompetent - Vide s. 233(3) 1999 Constitution (H2) Opuiyo v. Omoniwari (2007) 6 KLR (pt. 241) 3109; (2007) 16 NWLR (Pt. 1060) 415

COURTS - Appeals - Concurrent finding - Documents - Evaluation of evidence based on documents - Can be done by appellate Court - In spite of an existing concurrent finding (H4) Dokubo-Asari v. FRN (2007) 6

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

COURTS - Appeals - Concurrent findings - Interference - Where plaintiffs failed to prove the substratum of their case - Supreme Court's refusal to interfere - Will occasion miscarriage of justice (H5) Yusuf v. Adegoke (2007) 4 KLR (pt. 235) 2041; (2007) 11 NWLR (Pt. 1045) 332

COURTS - Appeals - Court of Appeal - Powers - Court of Appeal Act s. 16 - Nature of power conferred on the Court - Conditions precedents to application of the section - Include that trial court must have jurisdiction (H8) Obi v. INEC (2007) 7 KLR (pt. 243) 3515; (2007) 11 NWLR (Pt. 1046) 560

COURTS - Appeals - Court of Appeal - Powers - It can handle an appeal by way of rehearing - And can make an order to dispose - Not only the appeal but the entire suit - Vide s. 16 Court of Appeal Act (H2) Ado Ibrahim Ltd v. BCC Ltd (2007) 4 KLR (pt. 235) 1861; (2007) 15 NWLR (Pt. 1058) 538

COURTS - Appeals - Court of Appeal Act s.16 - Jurisdiction - Of the High Court - Is a precondition - For invocation of the section - The real question in controversy - Must be a ground of appeal - Before Court of Appeal can invoke s.16 (H18) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

COURTS - Appeals - Court of Appeal's power - Under s.16 of the Act - Purpose of the section - Speedy administration of justice - Sufficient materials abound - To enable Court of Appeal invoke s.16 - In deciding the real question in controversy (H19) Inakoju v. Adeleke (2007) 1 KLR (pt. 228) 291; (2007) 4 NWLR (Pt. 1025) 423

COURTS - Appeals - Damages - Special damages - Enhancement of by Court of Appeal - Is wrong in this case - As the issue was not before it - And there was no cross appeal (H8) A.G. Leventis Plc v. Akpu (2007) 6 KLR (pt. 240) 2763; (2007) 17 NWLR (Pt. 1063) 416

COURTS - Appeals - Evidence - Evaluation - Documents - Letters - Delivery and receipt of - Where there is no signature of receiver - On the

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

counter part copy - Receipt of the original copy is not proved - By mere tendering of the counter part copy - As rightly held by lower Courts (H3) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

COURTS - Appeals - Evidence - Findings of lower courts - That run counter to the drift of evidence - Occasioned a miscarriage of justice - As lower courts took extraneous matters into account (H3) Yaro v. Arewa Constr. Ltd (2007) 6 KLR (pt. 240) 2905; (2007) 17 NWLR (Pt. 1063) 333

COURTS - Appeals - Findings - Contracts - Interpretation - Cross appeal - Clause 8(c) of the contract being very clear - Court of Appeal erred in making a finding - That will alter the meaning of that clause (H7) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

COURTS - Appeals - Findings - Title - Family land - Agreement document for sale of land - Was rightly relied upon - By the two courts below - In finding that the land belonged to respondents' family (H6) Etajata v. Ologbo (2007) 6 KLR (pt. 240) 2829; (2007) 16 NWLR (Pt. 1061) 554

COURTS - Appeals - Interference - Concurrent finding - That is based on trial court hearing and seeing the witnesses - By principle is not easily disturbed (H3) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

COURTS - Appeals - Interference - Concurrent finding - That is based on trial court hearing and seeing the witnesses - By principle is not easily disturbed (H3) Dokubo-Asari v. FRN (2007) 6 KLR (pt. 240) 2795; (2007) 12 NWLR (Pt. 1048) 320

COURTS - Appeals - Interference - Findings of trial court - That observed demeanour of witnesses - Should not ordinarily be interfered with (H6) Hilary Farms Ltd v. M/V Mahtra (2007) 6 KLR (pt. 240) 2873; (2007) 14 NWLR (Pt. 1054) 210

COURTS - Appeals - Issue - Not considered by Court of Appeal - Occa

INDEX OF SUBJECT MATTER ALL SC 2007 DECISIONS

sioned no miscarriage of justice - In view of it's decision - On the main issue (H7) Ayanru v. Mandilas Ltd (2007) 4 KLR (pt. 235) 1893; (2007) 10 NWLR (Pt. 1043) 462

COURTS - Appeals - Issues - Insurance contract - Courts - Where Court of Appeal decided the appeal - On a single issue formulated by it - No miscarriage of justice was done - As that issue captured the crux of the matter (H2) Yadis Ltd v. Great Nig. Ins. Ltd (2007) 5 KLR (pt. 238) 2535; (2007) 14 NWLR (Pt. 1055) 584

COURTS - Appeals - Issues - Competence - Ex parte injunction granted by trial court - Where two issues against it where not raised before Court of Appeal - And no leave was obtained - They will be struck out as incompetent (H3) UTB Ltd v. Dolmetsch Pharm. Ltd (2007) 6 KLR (pt. 241) 3133; (2007) 16 NWLR (Pt. 1061) 520

COURTS - Appeals - Issues - Consideration - Where lower court considered only the issue of jurisdiction - Case will be remitted to it - To be determined on the merits (H3) Odetayo v. Bamidele (2007) 5 KLR (pt. 238) 2433; (2007) 17 NWLR (Pt. 1062) 77

COURTS - Appeals - Issues - Exhibits - That were not material to the determination of the case - Trial court was right - In not attaching evidential value to them (H4) Salawu v. Yusuf (2007) 5 KLR (pt. 236) 2177; (2007) 12 NWLR (Pt. 1049) 707

COURTS - Appeals - Issues - Findings of fact - Though it is desirable for an appeal Court - To distinctly consider all issues before it - Lumpsom consideration unto approving trial Court's finding - Is proper here - As no injustice was done nor fair hearing denied (H1) Etajata v. Ologbo (2007) 6 KLR (pt. 240) 2829; (2007) 16 NWLR (Pt. 1061) 554

COURTS - Appeals - Issues - Grounds of appeal - Suo motu raising of sole issue by lower court - Is improper - Especially as that issue - Is not related to any ground of appeal (H5) Nwana v. FCDA (2007) 4 KLR (pt. 235) 1945; (2007) 11 NWLR (Pt. 1044) 59

COURTS - Appeals - Issues - Jurisdiction - Where an issue was not