COMPREHENSIVE INDEX TO ALL SUPREME COURT 2008 DECISIONS

ACCIDENTS - Definition of - Accident is the result of an unwilled act - An event which occurs without the fault of the person - Alleged to have caused it (H5) Uwagboe v. State (2008) 4 KLR (pt. 252) p. 1655; (2008) 12 NWLR (Pt. 1102) 621

ACCIDENTS - Mens rea - Definition - Presupposes that though accused committed the offence - He should be acquitted for lack of criminal intention - Burden of negating defence of accident - Remains on the prosecution (H2) Yaki v. State (2008) 7 KLR (pt. 258) p. 3077; (2008) 15 NWLR (Pt. 1109) 173

ACCIDENTS - Proof - Culpable homicide punishable with death - Defence of accidental discharge - Where not timely raised - Nor supported by reliable testimony - The defence is not proved (H3) Yaki v. State (2008) 7 KLR (pt. 258) p. 3077; (2008) 15 NWLR (Pt. 1109) 173

ACCIDENTS - Speed - Pleadings - Binding effect - Parties are bound by their pleadings - Any evidence not supported by pleadings should be ignored - So also facts pleaded but not canvassed at hearing - Like the fact of excess speed herein (H2) Abubakar v. Joseph (2008) 6 KLR (pt. 256) p. 2449; (2008) 13 NWLR (Pt. 1104) 307

ACTIONS - Abuse of court's process - Definition - Conditions that ground abuse are not closed - It denotes multiplicity of suits - Against same opponent on same issues - And court's attitude is to strike out such suit (H1) Umeh v. Iwu (2008) 2 KLR (pt. 250) p. 1171; (2008) 8 NWLR (Pt. 1089) 225

ACTIONS - Abuse of Court's process - Subject matter in both suits under consideration - Are not same - As to ground abuse of process (H3) Umeh v. Iwu (2008) 2 KLR (pt. 250) p. 1171; (2008) 8 NWLR

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

(Pt. 1089) 225

ACTIONS - Abuse of process - Issues - Where rendered academic by subsequent events - Continued prosecution of instant appeal - After a subsequent favourable ruling on its substance by the Court of Appeal - Is an abuse of judicial process (H1) Yar'dua v. Abubakar (2008) 12 KLR (pt. 260) p. 3753; (2008) 18 NWLR (Pt. 1120) 236

ACTIONS - Abuse of process - Order of court - That petition to police be withdrawn was not obeyed - Appellant's step in this case - Is not one of maintenance of a civil suit - Based upon an offence that has not been disposed of - But an abuse of Court's process (H4) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008) 2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

ACTIONS - Academic suit - Or issue - Definition - Includes - A suit that is of no practical value to plaintiff even if he succeeds - An issue that does not relate to live issues in the litigation (H4) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

ACTIONS - Appeals - Abuse of court's process - Factors that constitute abuse - Such as same parties - Are not available in the present suit - As rightly held by the Court of Appeal (H2) Umeh v. Iwu (2008) 2 KLR (pt. 250) p. 1171; (2008) 8 NWLR (Pt. 1089) 225

ACTIONS - Appeals - Irregularity - Waiver - Where a party fails to promptly complain against a voidable error - He cannot do so at a time injustice will occur (H2) Obi v. INEC (2008) 1 KLR (pt. 247) p. 443; (2008) 18 NWLR (Pt. 1172) 215

ACTIONS - Cause of action - Definition - A cause of action - Is the emergence of a factual situation - Which gives rise to a right of action in court (H1) Adekoya v. FHA (2008) 4 KLR (pt. 252) p. 1425; (2008) 11 NWLR (Pt. 1099) 539

ACTIONS - Claims - Appeals - Findings - Mortgage - Where declared ultra vires the power of attorney - Trial court ought not dismiss the other claims (H11) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249)

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

p. 909; (2008) 7 NWLR (Pt. 1086) 372

ACTIONS - Claims - Declaration of right - Entitlement thereto - Court does not grant declaration in default or on admissions - Without taking evidence and being satisfied as to credibility of such evidence (H5) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

ACTIONS - Claims - Nature - Present claims relate more to infraction of Unilorin Act - Than mere pursuit of Trade Union activities - The suit is not a trade dispute (H1) Oloruntoba-Oju v. Dopamu (2008) 2 KLR (pt. 250) p. 1117; (2008) 7 NWLR (Pt. 1085) 1

ACTIONS - Claims - Proper order to make - On a claim without merit - Established practice is that - Where full hearing is had on a case - And a claim or relief is found to lack merit - Proper order to make - Is an order for dismissal (H2) Mil. Gov. Ondo State v. Kolawole (2008) 5 KLR (pt. 254) p. 2081

ACTIONS - Claims - Relief not claimed - Interest rate claimed - Where not proved - Court cannot grant another rate of interest on the prejudgment debt - As there was no claim of an alternative rate of interest (H8) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

ACTIONS - Classification - Reliefs - A claim is circumscribed by the reliefs claimed therein - It is the reliefs claimed that determine the nature of an action - Accordingly the instant action is in contract (H1) Ativie v. Kabelmetal Ltd (2008) 5 KLR (pt. 255) p. 2253; (2008) 10 NWLR (Pt. 1095) 399

ACTIONS - Commencement - Originating summons - Propriety of - In view of nature of the issue to be tried - Originating summons is the most appropriate means to commence this action - Affidavit evidence of parties provide sufficient material to deal with the issue (H4) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

ACTIONS - Commencement - Preaction notice - Nature of - Should be in writing setting out cause of action - Name and address of intending plaintiff & relief claimed - Should be served on prescribed person - Exhibit E does not qualify as such (H1) Ntiero v. NPA (2008) 5 KLR (pt. 255) p. 2313; (2008) 10 NWLR (Pt. 1094) 129

ACTIONS - Commencement - Wrong procedure - Effect - An action wrongly commenced is incompetent - Accordingly it robs the court of jurisdiction to hear and determine the same (H2) Drexel Energy Ltd v. Trans Inter. Bank Ltd (2008) 12 KLR (pt. 261) p. 3803; (2008) 18 NWLR (Pt. 1119) 388

ACTIONS - Commencement of - Originating Summons - Propriety of - It is the appropriate means of instituting action - Where what is in dispute is construction of documents - In respect of which pleadings are unnecessary (H4) Pam v. Mohammed (2008) 5 KLR (pt. 255) p. 2363; (2008) 16 NWLR (Pt. 1112) 1

ACTIONS - Commencement of - Proper procedure - Fundamental right breach - Where merely incidental to a main claim - As in the instant case - Proper procedure is writ of summons and pleadings (H4) WAEC v. Adeyanju (2008) 4 KLR (pt. 253) p. 1905; (2008) 9 NWLR (Pt. 1092) 270

ACTIONS - Competence - Condition precedent - Contained in s. 51 of the Edict - That forbids action against 1st defendant temporarily - Is not an ouster clause contrary to the Constitution (H1) Nigercare v. Adamwa State Water Board (2008) 3 KLR (pt. 251) p. 1297; (2008) 9 NWLR (Pt. 1093) 498

ACTIONS - Competence - Duty of court - Where issue of competence of action is raised - Court not only has authority but also a duty to determine action in limine - If lack of competence is established (H2) Sani v. Okene L.G.T.C. (2008) 5 KLR (pt. 255) p. 2437; (2008) 12 NWLR (Pt. 1102) 691

ACTIONS - Competence - Preaction notice - Where not given as statutorily provided - The suit/proceedings is a nullity - No matter

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

how well conducted - For want of jurisdiction (H4) Nigercare v. Adamwa State Water Board (2008) 3 KLR (pt. 251) p. 1297; (2008) 9 NWLR (Pt. 1093) 498

ACTIONS - Competence of - Determining factor - In ascertaining competence of an action - Is plaintiff's claim - And the reliefs sought - Not how couched but essence thereof (H3) WAEC v. Akinkumi (2008) 4 KLR (pt. 253) p. 1935; (2008) 9 NWLR (Pt. 1091) 151

ACTIONS - Competence of - Issues of competence of action - Should be resolved first - As they touch on jurisdiction - Without which a suit must be struck out (H1) WAEC v. Adeyanju (2008) 4 KLR (pt. 253) p. 1905; (2008) 9 NWLR (Pt. 1092) 270

ACTIONS - Contracts - Loans - Recovery action - Proper venue - Appropriate venue could be where the contract was made - Where it was performed or was to be performed - Or where defendant resides or does business - Court of Appeal was therefore wrong to hold that trial court lacked jurisdiction (H2) First Bank Plc v. Abraham (2008) 12 KLR (pt. 260) p. 3707; (2008) 18 NWLR (Pt. 1118) 172

ACTIONS - Contracts - Preaction notice - Applicability of - Fact that plaintiff's claim is founded on contract - Does not preclude the application of the requirement - For service of preaction notice (H2) Ntiero v. NPA (2008) 5 KLR (pt. 255) p. 2313; (2008) 10 NWLR (Pt. 1094) 129

ACTIONS - Counterclaim - Nature of - It is a separate and independent action - Which has to be instituted in accordance with rules of court - By assessment and payment of filing fees (H4) Ogli Oko Farms Ltd v. NAC Bank Ltd (2008) 4 KLR (pt. 253) p. 1803; (2008) 11 NWLR (Pt. 1098) 412

ACTIONS - Court - Jurisdiction - Lack of - Proper order - Where court finds - That it lacks jurisdiction to entertain an action - Proper order to make - Is an order striking out - Not an order dismissing the action (H4) Owners of MV "Arabella" v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

ACTIONS - Court processes - Filing fees - Additional reliefs contained in the statement of claim - Should attract additional filing fees where appropriate - But not for specific performance - Which is not a monetary compensation (H3) Ezenwa v. Oko (2008) 1 KLR (pt. 248) p. 589; (2008) 3 NWLR (Pt. 1075) 610

ACTIONS - Court processes - Issuance and service of - In civil litigation - Issuance and service of processes - Are distinct though interrelated - Service may be void - Though issuance be valid - But both are void in the instant action (H2) Owners of MV "Arabella" v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

ACTIONS - Court processes - Service - Non-service of process on a proper party - Will render proceedings null and void - But there is evidence of service in this case (H1) Tsokwa Motors Ltd v. UBA Plc (2008) 1 KLR (pt. 247) p. 453; (2008) 2 NWLR (Pt. 1071) 347

ACTIONS - Courts - Damages - Double compensation - Where court has fully compensated a victim of an injury under one head - It is not proper to award damages for same injury - Under another head (H6) Tsokwa Motors Ltd v. UBA Plc (2008) 1 KLR (pt. 247) p. 453; (2008) 2 NWLR (Pt. 1071) 347

ACTIONS - Courts - Powers - Consequential reliefs - Though not claimed - Can be granted by the court - Towards stopping subversion of justice - So that though not claimed appellant is deemed - To be the winner of the election (H17) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

ACTIONS - Declarations - Are not made by Court - On admission or in default of defence - Without hearing evidence - But absence of viva voce evidence does not mean absence of evidence - Seeing that parties agreed to rely on undisputed documentary evidence (H11) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

ACTIONS - Declaratory relief - Dismissal order - Propriety of - Where

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

a plaintiff fails to satisfy the court - As to his entitlement to declaratory relief sought on his own evidence - It is the duty of the court to dismiss the case of the plaintiff (H2) Dumez Ltd v. Nwakhoba (2008) 12 KLR (pt. 260) p. 3683; (2008) 18 NWLR (Pt. 1119) 361

ACTIONS - Declaratory relief - Pleadings - Amendment - admissions - Refusal of amendment of defence - That will lead to abandonment of admissions unto plaintiffs being prejudiced - Is wrongful - Seeing that declarations are not based on mere admissions - But satisfactory evidence (H5) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

ACTIONS - Declaratory reliefs - Jurisdiction of court - Court has inherent jurisdiction - To grant declaratory reliefs - Where asked for - By a party before it - As done by the Court of Appeal - In respect of relief number 3 (H4) Mil. Gov. Ondo State v. Kolawole (2008) 5 KLR (pt. 254) p. 2081

ACTIONS - Declaratory reliefs - Proof - Court below correctly found that burden of proof - In an action for declaratory relief is entirely on plaintiff - It was therefore wrong to have relied on the evidence of defendant in its judgment (H3) Dumez Ltd v. Nwakhoba (2008) 12 KLR (pt. 260) p. 3683; (2008) 18 NWLR (Pt. 1119) 361

ACTIONS - Dismissal - Propriety of - Where a Plaintiff fails to prove his case as postulated on his pleadings - The proper order to make is an order of dismissal - As rightly made by the Court of Appeal (H4) Abubakar v. Joseph (2008) 6 KLR (pt. 256) p. 2449; (2008) 13 NWLR (Pt. 1104) 307

ACTIONS - Dismissal - Title - Proof - Customary tenancy - Failure to join other relevant defendants - And the totality of evidence in this case - Makes dismissal of the suit correct (H5) Dada v. Bankole (2008) 1 KLR (pt. 248) p. 543; (2008) 5 NWLR (Pt. 1079) 26

ACTIONS - Documents - Certification of - Interest rate claim - In respect of debt arising from sale of goods - A certified document from the bank that is to be paid the interest - Is a better proof than

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

mere uncertain averment by a law clerk (H5) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

ACTIONS - Effluxion of time - Governor's immunity - S. 308 of 1999 Constitution - Purpose of - It cannot be relied upon - Where the res in dispute will be permanently destroyed - With the effluxion of time (H9) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

ACTIONS - Elections - Nomination of candidates - Improper substitution by a political party - Demands that Court determines the valid candidate - Who merely steps into the shoes of the invalid candidate - To order a new election is improper (H16) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

ACTIONS - Estoppel - Title - Privity - Parties - Any person who derives title or claims under the actual representor - Is bound by consequent estoppel - Parties are the same in both suits in this matter (H5) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

ACTIONS - Fair hearing - Preaction notice - Access to court and condition precedent - Definition - Constitutional right of access to the court - Does not preclude statutory regulations of how the right should be exercised (H3) Nigercare v. Adamwa State Water Board (2008) 3 KLR (pt. 251) p. 1297; (2008) 9 NWLR (Pt. 1093) 498

ACTIONS - Family property - A member of the family can sue to protect it - If authority of the family was not secured - The family is not bound by the result - Save by reason of estoppel (H1) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

ACTIONS - Issue estoppel - Applicability - Conduct of Appellants amounts to re-litigating on issues already decided - Between the same parties in a court of competent jurisdiction - Neither party nor his agent or privy would be allowed to do so (H2) Ojo v. Olawore (2008)

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

6 KLR (pt. 256) p. 2645

ACTIONS - Issues - Competence and jurisdiction - Issues of - Should be accorded priority of consideration - As they render the suit liable to be struck out (H1) WAEC v. Akinkumi (2008) 4 KLR (pt. 253) p. 1935; (2008) 9 NWLR (Pt. 1091) 151

ACTIONS - Joinder of parties - Applicant who desires to be joined to a suit - Will show inter alia that he will be bound by the result of the action - And his interest prejudiced if not joined (H6) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

ACTIONS - Jurisdiction - Abatement - Subsequent act of defendant - A Court which has jurisdiction to entertain an action - Would not subsequently lose jurisdiction - By reason of defendant's completion of the act - Sought to be prohibited by the suit (H2) Adeogun v. Fashogbon (2008) 5 KLR (pt. 255) p. 2205; (2008) 17 NWLR (Pt. 1115) 149

ACTIONS - Jurisdiction - Issues - Primacy of - As jurisdiction is the pillar of every adjudication - Issues thereon must be taken first - Before hearing the merits of the matter (H4) A-G Federation v. Abubakar (2008) 12 KLR (pt. 261) p. 3983; (2008) 16 NWLR (Pt. 1112) 135

ACTIONS - Jurisdiction - Trade dispute - Definition - Suit filed by representatives of a trade union - Does not automatically become a trade dispute - As to remove Federal High Court's Jurisdiction (H2) Oloruntoba-Oju v. Dopamu (2008) 2 KLR (pt. 250) p. 1117; (2008) 7 NWLR (Pt. 1085) 1

ACTIONS - Justiciability - Elections - Preelection matter - Premised on breach of the Constitution and Electoral Act - Issue of wrongful substitution of party candidate - Court has a duty to enforce valid laws - A political party is bound by the Constitution and laws (H10) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

ACTIONS - Leases - Specific performance - Option to renew lease - Where the lease has expired - Without being renewed - There is no cause of action - To warrant grant of specific performance (H5) Ezenwa v. Oko (2008) 1 KLR (pt. 248) p. 589; (2008) 3 NWLR (Pt. 1075) 610

ACTIONS - Limitation - Period of - How determined - Is by ascertaining - From the writ of summons and statement of claim - Alleged date of wrong committed - And comparing that with date action was filed (H2) Adekoya v. FHA (2008) 4 KLR (pt. 252) p. 1425; (2008) 11 NWLR (Pt. 1099) 539

ACTIONS - Limitation - Purport and effect of - Where the law provides for bringing of an action - Within a prescribed period - In respect of a cause of action - Proceedings cannot be brought after the prescribed period - As rightly held by the Court of Appeal (H1) Williams v. Williams (2008) 5 KLR (pt. 254) p. 2159; (2008) 10 NWLR (Pt. 1095) 364

ACTIONS - Limitation - Statute of limitation - Admission of liability - Effect on barred action - Where an action has become statute barred - Subsequent admission of liability - Can not retrospectively revive the action (H10) Owners of MV "Arabella" v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

ACTIONS - Limitation of - Public Officers Protection Law - As appellant's suit - Was filed after three months from the date cause of action arose - It is no longer maintainable for being statute barred - As rightly held by Court of Appeal (H3) Sani v. Okene L.G.T.C. (2008) 5 KLR (pt. 255) p. 2437; (2008) 12 NWLR (Pt. 1102) 691

ACTIONS - Limitation period - How determined - Period of limitation is calculated - By comparing the date the cause of action accrued - As ascertained from the statement of claim - With the date on which writ of summons was filed (H2) Williams v. Williams (2008) 5 KLR (pt. 254) p. 2159; (2008) 10 NWLR (Pt. 1095) 364

ACTIONS - Lispendens doctrine - Purport of - It prevents effective

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

transfer of rights - In any property which is subject matter of an action pending in court - As Appellant purported to do in this case (H5) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

ACTIONS - Locus standi - Requirement - Plaintiff is required to have locus standi whenever he seeks to establish a private right - By showing sufficiency of interest - In the performance of the duty sought to be enforced (H1) Ojukwu v. Ojukwu (2008) 12 KLR (pt. 261) p. 3941; (2008) 18 NWLR (Pt. 1119) 439

ACTIONS - Locus standi - Sufficiency of interest - Assessment - It is a matter of judicial discretion - Which varies according to the remedy asked for - Plaintiff here has shown sufficient interest in view of the remedy he seeks (H2) Ojukwu v. Ojukwu (2008) 12 KLR (pt. 261) p. 3941; (2008) 18 NWLR (Pt. 1119) 439

ACTIONS - Master & Servant - Removal from office - Manner in which it was done - Is the true form or nature of present suit - Lower courts erred in viewing it as a trade dispute (H3) Oloruntoba-Oju v. Dopamu (2008) 2 KLR (pt. 250) p. 1117; (2008) 7 NWLR (Pt. 1085) 1

ACTIONS - Multiplicity - Motive - Whether the suits are overreaching and vexatious - Are amongst factors court will consider - In finding abuse of court's process - Instant suit is not vexatious (H4) Umeh v. Iwu (2008) 2 KLR (pt. 250) p. 1171; (2008) 8 NWLR (Pt. 1089) 225

ACTIONS - Negligence - Proof - Ingredients - Plaintiff must prove some breach of duty owed to him by the defendant - And a resultant damage to him (H6) Iyere v. Bendel Feed & Flour Mill Ltd (2008) 12 KLR (pt. 261) p. 3837; (2008) 18 NWLR (Pt. 1119) 300

ACTIONS - Originating processes - Failure to serve - Effect - Failure to serve an originating process is not merely an irregularity - It is a fundamental defect which renders the proceedings a nullity (H1) Okoye v. Centre Point M.B. Ltd (2008) 7 KLR (pt. 258) p. 2965;

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

(2008) 15 NWLR (Pt. 1110) 335

ACTIONS - Parties - Corporate personality - Subsidiary companies - Are separate distinct personalities - From their holding companies - In the eye of the law - And should be treated as such (H4) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

ACTIONS - Preaction notice - Issue of - Has been settled in lots of decided authorities - As to its purpose and implication - Not being to restrict access to the court (H2) Nigercare v. Adamwa State Water Board (2008) 3 KLR (pt. 251) p. 1297; (2008) 9 NWLR (Pt. 1093) 498

ACTIONS - Preliminary objections - When raised - Proper stage for defendant to raise preliminary objection to plaintiff's suit - Is either at the inception or early stage of proceedings - As was done in this case (H1) Sani v. Okene L.G.T.C. (2008) 5 KLR (pt. 255) p. 2437; (2008) 12 NWLR (Pt. 1102) 691

ACTIONS - Previous proceedings - Evidence therein - Is only relevant as provided by s. 34(1) Evidence Act - Exhibit A is inadmissible for non compliance with s. 34 (1) - And is expunged though admitted without objection (H1) Dada v. Bankole (2008) 1 KLR (pt. 248) p. 543; (2008) 5 NWLR (Pt. 1079) 26

ACTIONS - Privy - Definition - It is a person whose title is derived from a party - Or identity of successive persons having interest in property - There are three kinds of privies (H4) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

ACTIONS - Proof - Pleadings - Cheques - Where evidence is given on a fact not pleaded - Defendant is not bound to respond - Plaintiff failed to prove its claim in this case (H5)

ACTIONS - Relief - Based on an international labour convention - Was wrongfully granted by trial court - Since the convention has not been enacted into law by the National Assembly - As provided in s.

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

12(1) of 1999 Constitution (H5) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

ACTIONS - Relief claimed - Basis - Where reliance is placed on an international law - Plaintiff must show domestication and applicability of that law in Nigeria (H4) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

ACTIONS - Relief not claimed - Power of court to grant - Limits - A court is bound to limit itself to the claim before it - It may only go outside the terms of such claim - In making incidental orders flowing naturally from the claim - (H5) Dumez Ltd v. Nwakhoba (2008) 12 KLR (pt. 260) p. 3683; (2008) 18 NWLR (Pt. 1119) 361

ACTIONS - Reliefs - Conflicts - Where allowing relief number 3 - Would conflict with other reliefs granted by the trial court - It is necessary to dismiss it - As to enable the other reliefs stand (H3) Mil. Gov. Ondo State v. Kolawole (2008) 5 KLR (pt. 254) p. 2081

ACTIONS - Reliefs - Declaratory reliefs - Proof - Declarations of right cannot be made on admission - Or in default of pleading by defendant - Or even in reliance on evidence of defendant witnesses - Plaintiff must prove his claim by his own evidence (H1) Dumez Ltd v. Nwakhoba (2008) 12 KLR (pt. 260) p. 3683; (2008) 18 NWLR (Pt. 1119) 361

ACTIONS - Reliefs - Judgments - Nature - Declaratory or executory - Judgment is executory where it not only declares rights - But also enjoins defendant to act in a certain way - As was the case with the second and third reliefs in the instant judgment (H1) Carrena v. Akinlase (2008) 6 KLR (pt. 257) p. 2699; (2008) 14 NWLR (Pt. 1107) 262

ACTIONS - Reliefs - Special damages - Necessity for proof - Claim for pension and gratuity being claim for special damages - Ought to have been strictly proved but was not - Court of Appeal was therefore right to have dismissed it (H6) Shell Petroleum v. Olarewaju (2008)

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

12 KLR (pt. 257) p. 2699

ACTIONS - Repetitions - Appeals - Briefs - Some issues and arguments in appellants' briefs - Are repetitions - Which do not improve unacceptable argument (H12) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

ACTIONS - Representative actions - Plaintiffs - Interests - Representatives and those represented - Must have same interests in the matter - Which is as stated in statement of claim - Representatives are not allowed to go contrary to it - Unless in unanimity (H3) Ejezie v. Nwabueze (2008) 4 KLR (pt. 253) p. 1733; (2008) 12 NWLR (Pt. 1101) 446

ACTIONS - Representative actions - Rule - Flexibility of - Rule permitting representative action - Is a rule of convenience - And ought not to be treated with rigidity - As did the trial judge in the instant case (H1) Ejezie v. Nwabueze (2008) 4 KLR (pt. 253) p. 1733; (2008) 12 NWLR (Pt. 1101) 446

ACTIONS - Self help - Reliefs sought vide motion ex parte - Having been granted by court orders - Reporting the matter to police is abuse of court's process - And self help which courts will not tolerate (H3) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008) 2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

ACTIONS - Statute bar - Onus of proof - Party who raises preliminary objection - Should ordinarily prove that action is statute barred - But where this fact is evident - On the face of the writ of summons - There is no need - To adduce further evidence in proof (H3) Williams v. Williams (2008) 5 KLR (pt. 254) p. 2159; (2008) 10 NWLR (Pt. 1095) 364

ACTIONS - Title - Relief not claimed - Allegation that trial court granted parcel of land not claimed - Is only technically reasonable - But of no practical relevance (H9) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

ACTIONS - Torts - False imprisonment - Does not lie against a private individual - Who merely gave information - That led police to arrest or prosecute on their initiative (H1) Isheno v. Julius Berger Plc (2008) 2 KLR (pt. 250) p. 1059; (2008) 6 NWLR (Pt. 1084) 582

ACTIONS - Undefended list - Issue of jurisdiction - Manner of raising - It may be raised by way of a preliminary objection - Without need to file pleadings - Or vide notice of intention to defend - Under the undefended list procedure (H5) Owners of MV "Arabella" v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

ADMINISTRATION OF ESTATE - Customary Law - Letters of administration - Applicability - It is inapplicable to administration of property inherited under customary law - As was the case of the respondents herein (H1) Oyebamiji v. Lawanson (2008) 7 KLR (pt. 258) p. 2991; (2008) 15 NWLR (Pt. 1109) 122

ADMINISTRATIVE LAW - Commissions of inquiry - Nature of - The setting up of a commission of inquiry has some content of quasi-judicialism - So findings of the commission are clearly judicial - Therefore appropriate courts of law have jurisdiction to inquire into their validity (H22) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

ADMINISTRATIVE LAW - Commissions of inquiry - Power to set up - Scope of - Power of state governor to set up commissions of inquiry - Does not extend to setting up commissions - To inquire into activities of public servants in another state - Under our Constitution (H24) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

ADMINISTRATIVE LAW - Delegation of powers - Attorneys-General - 1999 Constitution, s. 211 - Power of State Attorneys-General to delegate their powers under section 211 - Is not limited to delegation to officers of their department (H1) Amadi v. FRN (2008) 12 KLR (pt. 259) p. 3401; (2008) 18 NWLR (Pt. 1119) 259

ADMINISTRATIVE LAW - Duty of statutory body - Crime - Investiga

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

tion and prosecution of - Economic and Financial Crime Commission - Duty of - Is to prosecute before court of law - And not send case file to Government (H8) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

ADMINISTRATIVE LAW - Governor's office - Eligibility - Crime - Fair trial - A citizen should not be found guilty of a crime - Without being given fair trial before a court - Mere finding of guilt by a tribunal - Without prosecution in court - Does not remove eligibility to Governor's office (H6) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

ADMINISTRATIVE LAW - Governor's office - Eligibility of candidates - S. 182 (1)(i) of 1999 Constitution - Should be construed along with s. 36 - To avoid politicians using s. 182 - To hinder the emergence of their opponents (H5) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

ADMINISTRATIVE LAW - Statutes - Prescribed method - Effect of non compliance with - Elections - Party primaries - Substitution of candidate - Where cogent and verifiable reason was not given - As provided by law - The change was never effected (H15) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

ADVANCE FEE FRAUD - No case submission - Propriety of - Can be upheld for lack of evidence - Or discrediting vide cross examination - What to consider - Is whether prima facie case requiring explanation - Was made out against accused person (H2) Ekwunugo v. FRN (2008) 7 KLR (pt. 258) p. 2843; (2008) 15 NWLR (Pt. 1111) 630

AFFIDAVITS - Admission - Averring that one is not in a position to deny or admit - Though an insufficient traverse - Where there is further particulars in pleadings - That show denial of that fact - Admission will not be inferred (H7) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

AFFIDAVITS - Admissions - By implication - Uncontroverted affidavit

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

evidence - In actions initiated by originating summons affidavits take the place of pleadings - So any material paragraph of the affidavit not specifically denied is deemed admitted (H9) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

AFFIDAVITS - Appeals - Bail - Discretion - Shift in factual situation at appeal stage - That gives credence to the averment - That respondent is not willing to prosecute appellants - Will justify grant of bail by Supreme Court (H5) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

AFFIDAVITS - Appeals - Extension of time to appeal - Where substantial reason for the delay was not given under O. 3 r. 4 (2)(a) of Court of Appeal Rules - Extension of time should not be granted (H7) Ikenta Best Ltd v. A-G Rivers State (2008) 2 KLR (pt. 250) p. 1009; (2008) 6 NWLR (Pt. 1084) 612

AFFIDAVITS - Averments - Interest rate - Deposition that did not state source of belief or information - Is no evidence - Court of Appeal rightly reversed the decision (H6) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

AFFIDAVITS - Conflicts - Constituents - Fact that a party's set of documents contain ex facie lies - Does not necessarily mean there is a conflict - Such as to necessitate the taking of oral evidence to resolve it (H5) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

AFFIDAVITS - Construction of - Appeals - Delay - Mistake of counsel - Found by Court of Appeal - As reason for appealing out time - Is not implicit in the affidavit - Thereby rendering the perverse finding - One that should be set aside (H5) Ikenta Best Ltd v. A-G Rivers State (2008) 2 KLR (pt. 250) p. 1009; (2008) 6 NWLR (Pt. 1084) 612

AFFIDAVITS - Controverting - Joinder of parties - Applicant who desires to be joined to a suit - Will show inter alia that he will be bound by the result of the action - And his interest prejudiced if not

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

joined (H6) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

AFFIDAVITS - Courts - Failure to file counter affidavit - Findings of fact - Evidence in support - Relevant facts relied upon by lower courts here - In finding for the respondent - Are not supported by appellant's affidavit - And no counter affidavit was filed (H3) Nika Fishing Co. Ltd v. Lavina Corporation (2008) 7 KLR (pt. 258) p. 2855; (2008) 16 NWLR (Pt. 1114) 509

AFFIDAVITS - Deduction - Appeals - Delay - Unto appealing after 7 years - Reasons given are untenable and contradictory - As defendant is not the one to determine his non liability - Lower court made a wrong deduction - From parts of the affidavit (H4) Ikenta Best Ltd v. A-G Rivers State (2008) 2 KLR (pt. 250) p. 1009; (2008) 6 NWLR (Pt. 1084) 612

AFFIDAVITS - Depositions - Admissibility of - Evidence Act, s. 83 - A court is not to admit in evidence an affidavit proved to have been sworn - Before a person on whose behalf it is offered or before his legal practitioners - This includes by extension written deposition of witnesses (H11) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

AFFIDAVITS - Depositions therein - Take the place of averments in a pleadings - Where a matter is decided under a motion - Mere averment does not prove a fact - Seeing that pleadings is not evidence (H4) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

AFFIDAVITS - Motions - Election petitions - Leave to call additional witnesses - Being supported by facts in the affidavit - Was rightly granted - To give parties opportunity to ventilate their cases - Without due regard to technicalities (H15) Abubakar v. Yar'dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

AFFIDAVITS - Proof of service - Affidavit - Value of - Affidavit of service is prima facie proof - But where it is disputed by defendant as

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

in this case - Court has a duty to satisfy itself that there has in fact been service (H2) Okoye v. Centre Point M.B. Ltd (2008) 7 KLR (pt. 258) p. 2965; (2008) 15 NWLR (Pt. 1110) 335

AFFIDAVITS - Reliance - Joinder of parties - Discretion - Where depositions in counter affidavit - Did not essentially controvert applicant's affidavit - Lower court rightfully affirmed the joinder - By relying on the affidavit evidence (H7) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

AFFIDAVITS - Summary proceedings - Debts - Proof - Interest rate claimed in this case - Was not proved vide averments - In the affidavit evidence (H3) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

AFFIDAVITS - Validity - Evidence Act, ss. 86 & 87 - Effect of - Where some depositions in an affidavit comply with s. 86, while some violate s. 87 - The entire depositions are invalid - As a court is not competent to pick those that comply and ignore others (H16) Buhari INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

AGREEMENTS - Breach - Consent judgment - That incorporated parties' written agreements as binding - Was wrongfully interpreted in isolation by Court of Appeal - Appellants are entitled to percentage amount as contracted (H7) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

AGREEMENTS - Consent judgments - Terms - Interpretation of - Must be anchored on the parties' prior written agreements - In line with the principle - That requires interpretation - To be wholistic and not isolated (H6) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

AGREEMENTS - Construction - Admission - Termination of servant - Repatriation allowance - Though not provided for in respect of redundancy - Admission by respondent's only witness - Makes appellant entitled to repatriation allowance (H5) Isheno v. Julius Berger

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

Plc (2008) 2 KLR (pt. 250) p. 1059; (2008) 6 NWLR (Pt. 1084) 582

AGREEMENTS - Terms - Denial - That payment of third instalment - Does not fall within the parties' contract - Is dishonest (H5) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

AGREEMENTS - Terms of - Are binding on the parties - Written agreements of the parties - Is the only authoritative admissible evidence of the contract - With some exceptions (H4) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

ALIBI - Failure to investigate - Effect - Not every failure of police to investigate an alibi raised - Is fatal to the case of prosecution - Court rightly rejected plea in this case - In view of eye witness accounts (H2) Ochemaje v. State (2008) 6 KLR (pt. 256) p. 2605; (2008) 15 NWLR (Pt. 1109) 57

ALIBI - Implications of - Effect of successful plea - Where the defence of alibi succeeds - There is no need - For the court to consider other elements involved - In the offence charged (H7)

ALIBI - Meaning of - Alibi means that accused was somewhere - Other than where the crime was committed - At the time of commission of the crime - And so could not have participated in the commission (H1) State v. Azeez (2008) 4 KLR (pt. 253) p. 1679; (2008) 14 NWLR (Pt. 1108) 439

ALIBI - Proof of - Duty on accused - Upon putting up a defence of alibi - The only duty on an accused - Is to introduce credible evidence - In support thereof - On balance of probability - As done by the accused herein (H2) State v. Azeez (2008) 4 KLR (pt. 253) p. 1679; (2008) 14 NWLR (Pt. 1108) 439

APPEALS - Interlocutory appeals - Leave - Is not necessary in all cases - In view of s. 233(2) of 1999 Constitution (H1) Abubakar v. Yar'dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

APPEALS - Issues - Ground of appeal - In respect of which no issue was raised - And no argument proffered - Is deemed abandoned (H1) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

APPEALS - Abuse of process - Issues - Where rendered academic by subsequent events - Continued prosecution of instant appeal - After a subsequent favourable ruling on its substance by the Court of Appeal - Is an abuse of judicial process (H1) Yar'dua v. Abubakar (2008) 12 KLR (pt. 260) p. 3753; (2008) 18 NWLR (Pt. 1120) 236

APPEALS - Academic suit - Or issue - Definition - Includes - A suit that is of no practical value to plaintiff even if he succeeds - An issue that does not relate to live issues in the litigation (H4) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

APPEALS - Actions - Abuse of court's process - Factors that constitute abuse - Such as same parties - Are not available in the present suit - As rightly held by the Court of Appeal (H2) Umeh v. Iwu (2008) 2 KLR (pt. 250) p. 1171; (2008) 8 NWLR (Pt. 1089) 225

APPEALS - Actions - Issues - Competence and jurisdiction - Issues of - Should be accorded priority of consideration - As they render the suit liable to be struck out (H1) WAEC v. Akinkumi (2008) 4 KLR (pt. 253) p. 1935; (2008) 9 NWLR (Pt. 1091) 151

APPEALS - Actions - Limitation of - Public Officers Protection Law - As appellant's suit - Was filed after three months from the date cause of action arose - It is no longer maintainable for being statute barred - As rightly held by Court of Appeal (H3) Sani v. Okene L.G.T.C. (2008) 5 KLR (pt. 255) p. 2437; (2008) 12 NWLR (Pt. 1102) 691

APPEALS - Addresses - Fair hearing - Is not denied - Where lower court refused to hear an address - On a notice that was rightly struck out - For being incompetent (H3) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

APPEALS - Affidavits - Extension of time to appeal - Where substan

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

tial reason for the delay was not given under O. 3 r. 4 (2)(a) of Court of Appeal Rules - Extension of time should not be granted (H7) Ikenta Best Ltd v. A-G Rivers State (2008) 2 KLR (pt. 250) p. 1009; (2008) 6 NWLR (Pt. 1084) 612

APPEALS - Affirmation - Affidavits - Joinder of parties - Discretion - Where depositions in counter affidavit - Did not essentially controvert applicant's affidavit - Lower court rightfully affirmed the joinder - By relying on the affidavit evidence (H7) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

APPEALS - Appellate court - Findings of fact - Power to make - Under Court of Appeal Act s. 16 - Though the Court may make findings of fact based on evidence on record - It is not at liberty to reconstruct a party's case (H3) Abubakar v. Joseph (2008) 6 KLR (pt. 256) p. 2449; (2008) 13 NWLR (Pt. 1104) 307

APPEALS - Bail - Discretion - Affidavits - Shift in factual situation at appeal stage - That gives credence to the averment - That respondent is not willing to prosecute appellants - Will justify grant of bail by Supreme Court (H5) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

APPEALS - Bail - Discretion - Granted the factual situation at the time appellants were arraigned - Refusal of bail by lower courts - Was a proper exercise of judicial discretion (H4) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

APPEALS - Briefs - Relevance - Multiplicity - Allegation that there are 3 Briefs - May only justify striking out irrelevant ones - As to strike out appellant's entire Briefs will be clear injustice (H3) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

APPEALS - Briefs - Repetitions - Some issues and arguments in appellants' briefs - Are repetitions - Which do not improve unacceptable argument (H12) Unity Bank Plc v. Bouari (2008) 2 KLR (pt.

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

APPEALS - Briefs - Reply brief - Failure to file by a respondent is immaterial - But admission is deemed thereby - Yet an appellant must succeed or fail on his own brief (H7) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

APPEALS - Briefs - Respondent's brief - Tenor of - A respondent who has not cross-appealed against a judgment - Is estopped from raising and arguing any issue that is not based on appellant's grounds of appeal - As he is deemed satisfied with the judgment (H6) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

APPEALS - Case file - Scrutinisation of - Jurisdiction - Issue of - Was raised and canvassed before trial court - It was not raised suo motu by lower court - As wrongfully alleged (H2) Tsokwa Motors Ltd v. UBA Plc (2008) 1 KLR (pt. 247) p. 453; (2008) 2 NWLR (Pt. 1071) 347

APPEALS - Chieftaincy - Proof - Custom of exclusiveness of stool - Was not proved by appellant - Present appeal is devoid of substance (H4) Sokwo v. Kpongbo (2008) 2 KLR (pt. 249) p. 881; (2008) 7 NWLR (Pt. 1086) 342

APPEALS - Competence - Grounds of appeal - Where only one of the four grounds is valid - The appeal is competent vide s. 233(2)(a) of 1999 Constitution - As of right (H2) Anukam v.

Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

APPEALS - Concurrent findings - Attitude of appellate courts - Unless there is miscarriage of justice - Or violation of some principles of law or procedure - Which is not the case herein - Appellate court will not interfere therewith (H3) Omoregie v. State (2008) 12 KLR (pt. 260) p. 3731; (2008) 18 NWLR (Pt. 1119) 464

APPEALS - Concurrent findings - Boundary dispute - Lower courts'

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

findings - That exhibit D did not resolve a boundary dispute - And other concurrent findings that are not shown to be perverse - Will not be disturbed by the Supreme Court (H3) Shekse v. Plankshak (2008) 7 KLR (pt. 258) p. 3045; (2008) 15 NWLR (Pt. 1109) 105

APPEALS - Concurrent findings - Title - Contradictions - Where they are material as they relate to defendant's root of title - Lower courts rightly accorded no credibility to that evidence (H7) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

APPEALS - Concurrent findings of fact - Attitude of appellate courts - Appellate courts do not generally interfere with concurrent findings - Unless they are, inter alia, shown to be perverse - Which is the case with the findings challenged herein (H4) Lagga v. Sarhuna (2008) 6 KLR (pt. 257) p. 2739; (2008) 16 NWLR (Pt. 1114) 427

APPEALS - Concurrent findings of facts - Attitude of appellate court - Is not to interfere therewith - Unless there is miscarriage of justice or violation of some principles of law (H3) Oyebamiji v. Lawanson (2008) 7 KLR (pt. 258) p. 2991; (2008) 15 NWLR (Pt. 1109) 122

APPEALS - Conviction - Appellate court - Powers - Drug law offences - Appellant who was charged with dealing in Indian hemp - Was properly convicted by Court of Appeal - For the lesser offence of being in possession of the drug (H3) Odeh v. FRN (2008) 4 KLR (pt. 252) p. 1615; (2008) 13 NWLR (Pt. 1103) 1

APPEALS - Conviction - Basis - Withdrawn charge - Was not the offence for which appellant was convicted on appeal - Though Court of Appeal can even convict on withdrawn charge where appropriate (H6) Odeh v. FRN (2008) 4 KLR (pt. 252) p. 1615; (2008) 13 NWLR (Pt. 1103) 1

APPEALS - Conviction - Lesser offence - Courts have power

under s.179(1) CPA - To convict for a lesser offence - Where only such particulars were proved - As rightly done by the Court of Ap

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

peal (H5) Odeh v. FRN (2008) 4 KLR (pt. 252) p. 1615; (2008) 13 NWLR (Pt. 1103) 1

APPEALS - Conviction - Lesser or different offence - With which accused was not charged - He can be convicted for it by appellate court - Where appropriate and available evidence supports it (H2) Odeh v. FRN (2008) 4 KLR (pt. 252) p. 1615; (2008) 13 NWLR (Pt. 1103) 1

APPEALS - Conviction - Murder - Proof beyond reasonable doubt - Must be achieved before accused can be convicted - Present case is riddled with doubt - Lower courts convicted - Without considering all prevailing factors (H3) Orji v. State (2008) 4 KLR (pt. 253) p. 1843; (2008) 10 NWLR (Pt. 1094) 31

APPEALS - Court of Appeal - Companies - Findings - Born out from the records - That defendants failed to prove their assertion - That plaintiff and his brothers were directors/shareholders - At time of mortgage by a limited liability company - Will not be faulted by Supreme Court (H8) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

APPEALS - Courts - Discretion - Where exercised bona fide - Uninfluenced by irrelevant considerations - Not arbitrarily or illegally - But justice administered according to law - Appellate court will not interfere (H2) Ebe v. COP (2008) 1 KLR (pt. 246) p. 1; (2008) 4 NWLR (Pt. 1076) 189

APPEALS - Courts - Evidence - Evaluation - Where trial court failed to evaluate evidence - Whose character is oral involving demeanour - Appellate courts are ill equipped to determine credibility of witnesses (H4) Nnadozie v. Mbagwu (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 363

APPEALS - Courts - Failure to file counter affidavit - Findings of fact - Evidence in support - Relevant facts relied upon by lower courts here - In finding for the respondent - Are not supported by appellant's affidavit - And no counter affidavit was filed (H3) Nika Fishing

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

Co. Ltd v. Lavina Corporation (2008) 7 KLR (pt. 258) p. 2855; (2008) 16 NWLR (Pt. 1114) 509

APPEALS - Courts - Misdirection - No case submission - Made at close of prosecution's case - Trial court was wrong in evaluating evidence - And writing lengthy judgment acquitting appellant - As rightly held by Court of Appeal (H3) Ekwunugo v. FRN (2008) 7 KLR (pt. 258) p. 2843; (2008) 15 NWLR (Pt. 1111) 630

APPEALS - Courts - Mistake - Trial court's mistake in citation of a statute - Where no miscarriage of justice was occasioned - Appellate court will substitute the correct statute (H2) Omoju v. FRN (2008) 2 KLR (pt. 250) p. 1145; (2008) 7 NWLR (Pt. 1085) 38

APPEALS - Courts - Records - Binding nature of - Records of proceedings or appeals - Are binding on the court and parties - They are presumed to be genuine (H3) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

APPEALS - Courts - Technicalities - Justice - Election petitions - Court of Appeal rightly held - That full opportunity should be given to parties in the interest of justice - For we are now in days of court pursuing substantial justice (H14) Abubakar v. Yar'dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

APPEALS - Cross appeal - Merit - Where cross appeal is not properly initiated - And no miscarriage of justice is occasioned by the decision - Supreme Court will ignore it as mere academic exercise (H9) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

APPEALS - Cross appeal - Nature of - A cross appeal is a distinct and independent appeal - Whatever be the fate of the main appeal - May not affect the cross appeal - And does not affect it in the instant case (H7) Owners of MV "Arabella" v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

APPEALS - Customary law - Grounds - Omnibus ground - Is not

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

capable of raising a question of customary law - It is therefore incapable of invoking jurisdiction of appellate court - Under statutory provisions relating to customary law (H2) Nwaigwe v. Okere (2008) 5 KLR (pt. 255) p. 2331; (2008) 13 NWLR (Pt. 1105) 445

APPEALS - Decisions - Hypothetical matters - That have no bearing with the case in issue - Are not decided by the Supreme Court (H6) Sokwo v. Kpongbo (2008) 2 KLR (pt. 249) p. 881; (2008) 7 NWLR (Pt. 1086) 342

APPEALS - Delay - Mistake of counsel - Found by Court of Appeal - As reason for appealing out time - Is not implicit in the affidavit - Thereby rendering the perverse finding - One that should be set aside (H5) Ikenta Best Ltd v. A-G Rivers State (2008) 2 KLR (pt. 250) p. 1009; (2008) 6 NWLR (Pt. 1084) 612

APPEALS - Delay - Unto appealing after 7 years - Reasons given are untenable and contradictory - As defendant is not the one to determine his non liability - Lower court made a wrong deduction - From parts of the affidavit (H4) Ikenta Best Ltd v. A-G Rivers State (2008) 2 KLR (pt. 250) p. 1009; (2008) 6 NWLR (Pt. 1084) 612

APPEALS - Dismissal - Murder - Contradictions - In the evidence of prosecution witnesses - Where not material - Appellant's appeal will be dismissed (H4) Yaki v. State (2008) 7 KLR (pt. 258) p. 3077; (2008) 15 NWLR (Pt. 1109) 173

APPEALS - Elections - Fresh evidence on appeal - Power of Court to receive - Basis under O. 1 r. 19(2) Court of Appeal Rules - Include that the evidence should be credible - Lower court was wrong in receiving fresh evidence of previous judgment - And in relying on it in this case (H4) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

APPEALS - Enlargement of time - Considerations - Once good reasons are shown - For failure to appeal within time - Court should grant the prayer - If there is prima facie good grounds of appeal - As right of appeal is constitutional - It should not be readily denied (H1)

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

Ifekandu v. Uzoegwu (2008) 6 KLR (pt. 256) p. 2553; (2008) 15 NWLR (Pt. 1111) 508

APPEALS - Enlargement of time - Considerations - Once good reasons are shown - For failure to appeal within time - Court should grant the prayer - If there is prima facie good grounds of appeal - Unless there are compelling reasons to do otherwise (H1) N.I.W.A v. Shell Petroleum (2008) 6 KLR (pt. 256) p. 2585; (2008) 13 NWLR (Pt. 1103) 48

APPEALS - Erroneous Finding - Resulting trust - Certificate of occupancy - Granted in the name of respondent's divorced wife - Available evidence did not create resulting trust - In respondent's favour as wrongfully held by Court of Appeal (H5) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

APPEALS - Error - Contracts - Breach - Consent judgment - That incorporated parties' written agreements as binding - Was wrongfully interpreted in isolation by Court of Appeal - Appellants are entitled to percentage amount as contracted (H7) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

APPEALS - Error of trial court - Complaint against it - Can be made before the Supreme Court - Where appellant felt that Court of Appeal did not correct the error - But rather justified it (H2) Otu v. ACB Inter. Bank Plc (2008) 1 KLR (pt. 246) p. 203; (2008) 3 NWLR (Pt. 1073) 179

APPEALS - Evidence - Appraisal of - Is trial court's duty - But issue of inference from proved facts - Can be handled by appellate court - Unto reversing findings of fact not supported by evidence (H2) Sokwo v. Kpongbo (2008) 2 KLR (pt. 249) p. 881; (2008) 7 NWLR (Pt. 1086) 342

APPEALS - Evidence - Conviction - Coaccused - Discredited evidence on same facts - Cannot on appeal ground conviction of coaccused - But present case is different - As trial court did not rely on same evidence - That convicted appellant - In discharging 1st

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

accused (H4) Idiok v. State (2008) 4 KLR (pt. 252) p. 1589; (2008) 13 NWLR (Pt. 1104) 225

APPEALS - Evidence - Evaluation - Role of appellate court - Where evaluation of evidence is a matter of inference - To be drawn from established facts on record - Appellate court is in as good a position as trial court - But Court of Appeal was wrong in reversing the trial court here - In view of the facts on record (H4) Dumez Ltd v. Nwakhoba (2008) 12 KLR (pt. 260) p. 3683; (2008) 18 NWLR (Pt. 1119) 361

APPEALS - Evidence - Exclusion of - Criminal trial - Wrongly admitted evidence - Effect - Having excluded Exhibit E from the record - Court of Appeal ought to specifically identify other pieces of evidence - Upon which the conviction of accused may stand - Or the conviction must fail (H1) Fatilewa v. State (2008) 5 KLR (pt. 254) p. 2011; (2008) 12 NWLR (Pt. 1101) 518

APPEALS - Evidence - Proof - Custom - It is clear that respondent led credible evidence in proof of custom relating to appointment of Obani - The two courts found this as a fact - There has not been shown any basis for Supreme Court to disturb the finding (H1) Yusuf v. Toluhi (2008) 6 KLR (pt. 257) p. 2835; (2008) 14 NWLR (Pt. 1107) 237

APPEALS - Evidence - Witnesses - Testimony of - Conflicts - Issue of conflicts - Between testimony of a witness - And his statement to police - Is not to be raised for the first time on appeal - Without necessary foundation (H1) Uwagboe v. State (2008) 4 KLR (pt. 252) p. 1655; (2008) 12 NWLR (Pt. 1102) 621

APPEALS - Extension of time to appeal - Court's guiding principles that are inexhaustible - Include consideration of length of elapsed time - And satisfactory explanation of the delay (H2) Ikenta Best Ltd v. A-G Rivers State (2008) 2 KLR (pt. 250) p. 1009; (2008) 6 NWLR (Pt. 1084) 612

APPEALS - Fair hearing - Violation of - Allegation that fair hearing was denied - Must be based on facts - Appellant's right to fair hearing

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

was not violated in this case (H8) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

APPEALS - Findings - Actions - Master & Servant - Removal from office - Manner in which it was done - Is the true form or nature of present suit - Lower courts erred in viewing it as a trade dispute (H3) Oloruntoba-Oju v. Dopamu (2008) 2 KLR (pt. 250) p. 1117; (2008) 7 NWLR (Pt. 1085) 1

APPEALS - Findings - By trial court - Interference by appellate court - Appellate court may only interfere with findings of fact by trial court - Where such findings are perverse - Or not supported by the facts relied upon - Which is not the case herein (H6) Dumez Ltd v. Nwakhoba (2008) 12 KLR (pt. 260) p. 3683; (2008) 18 NWLR (Pt. 1119) 361

APPEALS - Findings - Discretion - As findings cannot be made from mere pleadings - Without evidence in a contested matter - Lower courts were wrong - In not granting appellant's application for stay of proceedings (H4) Nika Fishing Co. Ltd v. Lavina Corporation (2008) 7 KLR (pt. 258) p. 2855; (2008) 16 NWLR (Pt. 1114) 509

APPEALS - Findings - Estoppel - Res judicata - Conclusive nature of the judgment - Applies in this case - In justification of plea of estoppel - As rightly held by lower courts (H8) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

APPEALS - Findings - Mortgage - Where declared ultra vires the power of attorney - Trial court ought not dismiss the other claims (H11) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

APPEALS - Findings - Statutes - Interpretation - Pending proceedings - Before Creation of State - Under s. 6 of the Decree - Is one that has progressed appreciably - So that starting de novo could be unjust (H3) Tsokwa Motors Ltd v. UBA Plc (2008) 1 KLR (pt. 247) p. 453; (2008) 2 NWLR (Pt. 1071) 347

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

APPEALS - Further evidence - Admission of - Guiding principles - It must be shown that evidence sought to be admitted - Is credible, important and could not have been obtained for use at trial with reasonable diligence - Which was not the case herein (H1) Ehinlanwo v. Oke (2008) 6 KLR (pt. 256) p. 2493; (2008) 16 NWLR (Pt. 1113) 357

APPEALS - Ground of appeal - Meaning - It is the totality of the reasons why the decision appealed against - Is considered wrong in law or fact or both - Unlike the purported ground 1 of instant appellant (H3) Ugboaja v. Sowemimo (2008) 7 KLR (pt. 258) p. 3061; (2008) 16 NWLR (Pt. 1113) 278

APPEALS - Grounds - Amendment - Validity of - Where a sole original ground of appeal is invalid there is no extant appeal - A purported amendment of notice of appeal is therefore untenable - As there is nothing to amend (H3) Nwaigwe v. Okere (2008) 5 KLR (pt. 255) p. 2331; (2008) 13 NWLR (Pt. 1105) 445

APPEALS - Grounds - Nature of - Determinant factor - The important consideration is not the form of the ground but the question it raises - If it borders on a misunderstanding or misapplication of the law - As in the instant case - They are grounds of law (H1) First Bank Plc v. Abraham (2008) 12 KLR (pt. 260) p. 3707; (2008) 18 NWLR (Pt. 1118) 172

APPEALS - Grounds - Vagueness - Meaning of - Purpose of ground of appeal - Is to give sufficient notice & information to respondent of the nature of appellant's complaint - A ground is considered vague only if it fails to achieve this (H2) Lagga v. Sarhuna (2008) 6 KLR (pt. 257) p. 2739; (2008) 16 NWLR (Pt. 1114) 427

APPEALS - Grounds - Validity - Ground of appeal not arising from the judgment appealed against - Is invalid and liable to be struck out - As is the fate of 5th ground herein and 3rd issue arising therefrom (H1) Abubakar v. Joseph (2008) 6 KLR (pt. 256) p. 2449; (2008) 13 NWLR (Pt. 1104) 307

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

APPEALS - Grounds of appeal - Basis of - A ground of appeal must be based on the ratio decidendi of the judgment appealed against - Not on an obiter dictum (H20) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

APPEALS - Grounds of appeal - Nature of - Guidelines for determining whether they be of facts, law or mixed - Are subject to the nature of complaint - Not just by appellation (H1) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

APPEALS - Grounds of appeal - Nature of - It does not depend on branding by counsel - It is to be determined by examining the ground - Together with its particulars - In the instant case only five grounds are of pure law (H3) Ehinlanwo v. Oke (2008) 6 KLR (pt. 256) p. 2493; (2008) 16 NWLR (Pt. 1113) 357

APPEALS - Grounds of appeal - Validity - Effect of - An appeal may still be competent though several of its grounds be invalid - Since a single valid ground can sustain an appeal (H1) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

APPEALS - Grounds of fact - Right of appeal - Extent - Where grounds of appeal are of facts or mixed law and fact - As in the instant case - Appeal must be with leave - Which the appellant failed to seek and obtain (H1) Ugboaja v. Sowemimo (2008) 7 KLR (pt. 258) p. 3061; (2008) 16 NWLR (Pt. 1113) 278

APPEALS - Grounds of law - Meaning - They are grounds that raise questions to be answered in accordance with rules of law - Allowing no exercise of discretion to the court in whatever manner (H2) Ugboaja v. Sowemimo (2008) 7 KLR (pt. 258) p. 3061; (2008) 16 NWLR (Pt. 1113) 278

APPEALS - High Courts - Appellate jurisdiction - Constitution of - The Constitution is clear that one judge could form required quorum - Whether the High Court is sitting in first instance or in appellate jurisdiction - Appellate High Court was therefore properly constituted (H5) Lagga v. Sarhuna (2008) 6 KLR (pt. 257) p. 2739; (2008) 16

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

NWLR (Pt. 1114) 427

APPEALS - Interference - Bias - Court or Tribunal should maintain independent and unbiased position - Too many questions asked by a trial court - That do not affect live issues - Will not necessitate appellate Court's interference (H7) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

APPEALS - Interference - Concurrent findings - Will not be disturbed save shown to be perverse - Or not the result of discretion properly exercised (H1) Sokwo v. Kpongbo (2008) 2 KLR (pt. 249) p. 881; (2008) 7 NWLR (Pt. 1086) 342

APPEALS - Interference - Damages - Discretion - Award of general damages by trial court - Will not be disturbed by appellate court - Save where the guiding principles are breached - They are not breached in this case (H5) Okwejiminor v. Gbakeji (2008) 1 KLR (pt. 248) p. 609; (2008) 5 NWLR (Pt. 1079) 172

APPEALS - Interference - Discontinuance - Leave of Court - Where discontinuance is sought after hearing has commenced - Trial Judge has a discretion - To order outright dismissal of the suit (H2) Ekudano v. Keregbe (2008) 1 KLR (pt. 248) p. 579; (2008) 4 NWLR (Pt. 1077) 422

APPEALS - Interference - Discretion of lower Court - In granting extension of time to appeal - Will be disturbed for being founded on wrong principles (H6) Ikenta Best Ltd v. A-G Rivers State (2008) 2 KLR (pt. 250) p. 1009; (2008) 6 NWLR (Pt. 1084) 612

APPEALS - Interference - Findings of fact - Will not be disturbed by appellate court - Save in certain circumstances - Including obvious error in appraisal of evidence (H4) Tsokwa Motors Ltd v. UBA Plc (2008) 1 KLR (pt. 247) p. 453; (2008) 2 NWLR (Pt. 1071) 347

APPEALS - Interference - Interlocutory matters - Discretion of trial court - Where exercised judicially and judiciously - Appellate court will not interfere (H6) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008)

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

APPEALS - Interference - Judgments - Validity - Court has the jurisdiction to set aside its own order - In appropriate circumstances - Appellate Court will not interfere - Where the discretion is exercised judicially and judiciously (H5) Otu v. ACB Inter. Bank Plc (2008) 1 KLR (pt. 246) p. 203; (2008) 3 NWLR (Pt. 1073) 179

APPEALS - Interference - Negligence - Pleadings - Findings of trial court - That contaminated bottled drink - Caused injury to appellant - Are supported by evidence - They were wrongfully disturbed by Court of Appeal (H3) Okwejiminor v. Gbakeji (2008) 1 KLR (pt. 248) p. 609; (2008) 5 NWLR (Pt. 1079) 172

APPEALS - Interference - Statutes - Interpretation - Is not dependent on whether period of judgment - Was during military or democratic regime - Appellate court will not interfere - With lower court's correct statutory interpretation (H3) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

APPEALS - Interlocutory - Time within which to bring - Interlocutory appeal must be brought - Within fourteen days of decision complained of - Else it is incompetent - And robs appellate court of jurisdiction (H4) Owoh v. Asuk (2008) 5 KLR (pt. 254) p. 2105; (2008) 16 NWLR (Pt. 1112) 113

APPEALS - Interlocutory appeal - Right to file - Being Constitutional - Court lacks jurisdiction to take it away - Based on preliminary objection (H3) Abubakar v. Yar'dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

APPEALS - Interlocutory motions - Supreme Court - Interlocutory application refused by the High Court - Further refused by Court of Appeal - Cannot be heard by Supreme Court - Except by way of appeal - From the Court of Appeal decision (H2) Akinpelu v. Adegbore (2008) 4 KLR (pt. 252) p. 1533; (2008) 10 NWLR (Pt. 1096) 531

APPEALS - Interrogatories - Fair hearing - Is denied - Where inter

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

rogatories are wrongfully refused - Need for speedy hearing - Does not justify Court of Appeal's refusal of interrogatories - In this case (H9) Abubakar v. Yar'dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

APPEALS - Irregularity - Waiver - Where a party fails to promptly complain against a voidable error - He cannot do so at a time injustice will occur (H2) Obi v. INEC (2008) 1 KLR (pt. 247) p. 443; (2008) 18 NWLR (Pt. 1172) 215

APPEALS - Issues - Abandonment - Where an issue is at variance with the ground of appeal - On which it is based - Both issue and ground will be struck out as incompetent (H4) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

APPEALS - Issues - Abatement - Where an issue subsequently becomes academic - By reason of resolution of other issues before it - A court will have no jurisdiction to hear and determine it (H4) Drexel Energy Ltd v. Trans Inter. Bank Ltd (2008) 12 KLR (pt. 261) p. 3803; (2008) 18 NWLR (Pt. 1119) 388

APPEALS - Issues - Badly couched - Attitude of court thereto - As it is unjust to hold that because a blunder has been committed - The party in blunder has lost the opportunity of having his case determined on the merits - Courts would re-frame such issues in the interest of justice (H1) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

APPEALS - Issues - Basis of - Question of the proper order to make if an appeal is allowed - Cannot properly form the basis of an issue in an appeal - It is a matter within discretion of the appellate court (H1) Onyia v. State (2008) 12 KLR (pt. 261) p. 3959; (2008) 18 NWLR (Pt. 1118) 142

APPEALS - Issues - Competence - Leave to argue an additional ground of appeal - Where not obtained - An issue that is not related to any ground of appeal - Must be discountenanced (H1) Odeh v. FRN (2008) 4 KLR (pt. 252) p. 1615; (2008) 13 NWLR (Pt. 1103)

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

1

APPEALS - Issues - Criminal procedure - Discharge order - Is not secured on mere technical point - Court is bound to pronounce upon parties' valid issues - Separate pronouncement need not be made - On an issue subsumed in another issue (H3) Adebayo v. Attorney-General of Ogun State (2008) 2 KLR (pt. 249) p. 721; (2008) 7 NWLR (Pt. 1085) 201

APPEALS - Issues - Definition - Re-framing of issues by lower court - Is proper in this case - As it related the said issues to arguments before it (H6) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

APPEALS - Issues - Discontinuance - Fair hearing - Court's discretion exercised in dismissing the suit - Is proper in this case - Issue of fair hearing does not arise (H3) Ekudano v. Keregbe (2008) 1 KLR (pt. 248) p. 579; (2008) 4 NWLR (Pt. 1077) 422

APPEALS - Issues - Formulation of - Is based on the grounds of appeal - Which represent the questions in controversy - They are not framed in the abstract (H1) Okwejiminor v. Gbakeji (2008) 1 KLR (pt. 248) p. 609; (2008) 5 NWLR (Pt. 1079) 172

APPEALS - Issues - Grounds of appeal - Are the basis for formulation of issues - Grounds from which no issue is formulated - Are deemed abandoned (H1) Ezenwa v. Oko (2008) 1 KLR (pt. 248) p. 589; (2008) 3 NWLR (Pt. 1075) 610

APPEALS - Issues - Jurisdiction - Issue of jurisdiction - Is competent before Customary Courts as before any other courts - As it is an inherent power of any court to be able to determine questions on its jurisdiction (H4) Nwaigwe v. Okere (2008) 5 KLR (pt. 255) p. 2331; (2008) 13 NWLR (Pt. 1105) 445

APPEALS - Issues - Leave - Interpretation of evidence - Issue of - That was not raised by parties' counsel before trial court - Is of no consequence - And such new issue cannot be raised on appeal -

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

Without leave of court (H5) Shekse v. Plankshak (2008) 7 KLR (pt. 258) p. 3045; (2008) 15 NWLR (Pt. 1109) 105

APPEALS - Issues - Mistake - Where Court of Appeal finds that trial court relied on wrongful evidence - It rightfully considered whether remaining evidence - Justifies trial court's finding - Though it did so under a mistaken issue (H3) Dada v. Bankole (2008) 1 KLR (pt. 248) p. 543; (2008) 5 NWLR (Pt. 1079) 26

APPEALS - Issues - Not based on appellant's notice of appeal - Validity - It is invalid unless it is shown that the respondent filed a cross appeal - Or respondent's notice upon which it may be seen to be based (H1) Drexel Energy Ltd v. Trans Inter. Bank Ltd (2008) 12 KLR (pt. 261) p. 3803; (2008) 18 NWLR (Pt. 1119) 388

APPEALS - Issues - Procedure - Contention that some issues did not flow from any ground of appeal - Is not well founded - Issue of application of s. 22 Supreme Court Act - Is a matter of course (H2) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

APPEALS - Issues - Proliferation - Bases and source of an issue - Must be from grounds of appeal - Issues should not out number grounds of appeal - Or Court may re-frame the issues (H1) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008) 2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

APPEALS - Issues - Proliferation - Grounds of appeal - Should not be outnumbered by the issues - As was the case in respondent's brief - Issue that is not tied to any ground - Will not be tolerated (H1) Orji v. State (2008) 4 KLR (pt. 253) p. 1843; (2008) 10 NWLR (Pt. 1094) 31

APPEALS - Issues - Propriety of - Duty of court - An intermediate appellate court - Is duty bound to consider all issues - Properly raised before it - In case the decision on the point - Is reversed on further appeal - Its decision on other points - May then become relevant (H8) Owners of MV "Arabella" v. N.A.I.C. (2008) 5 KLR (pt. 254) p.

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

1977; (2008) 11 NWLR (Pt. 1097) 182

APPEALS - Issues - Raised but not dealt with - Power to resolve - Where Court of Appeal fails to consider - An issue submitted to it in judgment - Supreme Court can deal with it - Instead of sending it back to that court - Especially where the issue is one of law (H9) Owners of MV "Arabella" v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

APPEALS - Issues - Reformulation of by court - Can be done - For purpose of accuracy - And proper determination of an appeal (H5) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

APPEALS - Issues - Re-framing by Court - Relationship with the grounds of appeal - Though appellant's issues could have been determined by Court of Appeal - Re-framing of the issues by that court - Will not be condemned - Since it can do so in law (H2) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008) 2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

APPEALS - Issues - Validity - Where predicated on omnibus ground of appeal - An omnibus ground postulates that there is no evidence to sustain the finding of a trial court - It is a competent ground of appeal - So are issues raised therefrom (H1) Lagga v. Sarhuna (2008) 6 KLR (pt. 257) p. 2739; (2008) 16 NWLR (Pt. 1114) 427

APPEALS - Issues - Validity of - Issues for determination - Not raised from grounds of appeal - Are invalid - Any argument in respect thereof - Shall be discountenanced by the Court (H2) WAEC v. Adeyanju (2008) 4 KLR (pt. 253) p. 1905; (2008) 9 NWLR (Pt. 1092) 270

APPEALS - Issues - Validity of - Issues not distilled - From any of the grounds of appeal filed by the Appellant - Are irrelevant - To determination of the appeal (H1) Owoh v. Asuk (2008) 5 KLR (pt. 254) p. 2105; (2008) 16 NWLR (Pt. 1112) 113

APPEALS - Judgments - Grounds of appeal - Abandonment - Con

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

trary to allegation of appellant - Court of Appeal did not rely on abandoned ground of appeal in its judgment (H2) Joyland v. Wemabod Estates Ltd (2008) 6 KLR (pt. 257) p. 2727; (2008) 17 NWLR (Pt. 1117) 649

APPEALS - Judgments - Interference - Appeals - Not every error or mistake in a judgment - Will result in allowing an appeal - Prejudice or miscarriage of justice - Must be shown (H10) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

APPEALS - Judgments - Stay of enforcement - Without an appeal - Propriety of - Later High Court suit does not purport to question earlier judgment of the Supreme Court - It cannot therefore be a basis for a stay of enforcement of the Supreme Court judgment (H5) Carrena v. Akinlase (2008) 6 KLR (pt. 257) p. 2699; (2008) 14 NWLR (Pt. 1107) 262

APPEALS - Judgments - Technicality - Trial court's judgment given on technical grounds - Where upturned on appeal - Proper order to make - Is not an order granting reliefs claimed - But an order for hearing on the merits of the case (H3) Adekoya v. FHA (2008) 4 KLR (pt. 252) p. 1425; (2008) 11 NWLR (Pt. 1099) 539

APPEALS - Jurisdiction - Customary Court of Appeal - Before jurisdiction can be properly invoked by aggrieved party in civil proceeding - Question for determination must relate to customary law (H1) Nwaigwe v. Okere (2008) 5 KLR (pt. 255) p. 2331; (2008) 13 NWLR (Pt. 1105) 445

APPEALS - Jurisdiction - Issue of - Time of raising - Statute of limitation - Is an issue of jurisdiction - And may be raised for the first time - Even at the Supreme Court - Without the need for any leave (H1) Mil. Gov. Ondo State v. Kolawole (2008) 5 KLR (pt. 254) p. 2081

APPEALS - Land law - Issues - Validity - Issues of facts raised without leave - Of either the lower court or the appellate court - Such as issue

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

of weight of evidence raised by appellant in this case - Is invalid (H1) Ezeigwe v. Awudu (2008) 5 KLR (pt. 255) p. 2277; (2008) 11 NWLR (Pt. 1097) 158

APPEALS - Leave - Fresh issue - Finding not appealed against is binding - Save where leave was obtained - To raise it as a fresh issue (H2) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

APPEALS - Leave - Ground of appeal - Where it is a ground of fact - Failure to obtain leave of court - Renders it incompetent and liable to be struck out (H1) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

APPEALS - Leave - Grounds of appeal - Competence - Appeal on ground of law alone is as of right - Even if there be some invalid grounds - An appeal can be sustained by one valid ground (H2) Abubakar v. Yar'dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

APPEALS - Leave - Grounds of appeal - Whether of law or facts - Grounds of fact or mixed law and fact are incompetent - Unless prior leave is obtained - But ground 2 herein is purely of law for which leave is not required (H1) Abubakar v. Waziri (2008) 6 KLR (pt. 257) p. 2667; (2008) 14 NWLR (Pt. 1108) 507

APPEALS - Leave - Issues - Findings of lower court - Where not appealed against - Appellant cannot argue a contradictory issue - Without leave of Supreme Court (H2) Ezenwa v. Oko (2008) 1 KLR (pt. 248) p. 589; (2008) 3 NWLR (Pt. 1075) 610

APPEALS - Leave - Issues - Fresh point - That was not canvassed before the Court of Appeal - Cannot be made an issue before the Supreme Court - Without obtaining leave of court (H9) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

APPEALS - Leave - Meaning & rationale - Where leave is required vide s. 222 of 1979 Constitution - Or in the rules of court - Failure to seek and obtain leave - Removes Court's jurisdiction to grant the incompetent motion (H3) Otu v. ACB Inter. Bank Plc (2008) 1 KLR (pt. 246) p. 203; (2008) 3 NWLR (Pt. 1073) 179

APPEALS - Master & servant - Termination of employment - Entitlements due - Such as redundant and repatriation allowances - Are sustained and reviewed upward by the Supreme court (H3) Isheno v. Julius Berger Plc (2008) 2 KLR (pt. 250) p. 1059; (2008) 6 NWLR (Pt. 1084) 582

APPEALS - Motions - Appeals - Ex parte order of injunction - Was rightly set aside by Court of Appeal - After due consideration of both parties' interests (H4) Group Danone v. Voltic Ltd (2008) 3 KLR (pt. 251) p. 1211; (2008) 7 NWLR (Pt. 1087) 637

APPEALS - Motions - Opposition - Fair hearing - Where a party opposing an application - Was given opportunity to present his opposition - Against the motion for extension of time - He was given fair hearing (H4) Otu v. ACB Inter. Bank Plc (2008) 1 KLR (pt. 246) p. 203; (2008) 3 NWLR (Pt. 1073) 179

APPEALS - Motions - Place of first filing - Court of Appeal Rules - That provides for making some applications first at the High Court - Permits that they be filed first at Court of Appeal - In special circumstances as in this case (H1) Group Danone v. Voltic Ltd (2008) 3 KLR (pt. 251) p. 1211; (2008) 7 NWLR (Pt. 1087) 637

APPEALS - Motions - Refusal of by lower court - Supreme Court Rules, O. 2 r. 28 (3) - Provides that where Court of Appeal refuses an application - Similar one can be made to Supreme Court for consideration - It extends to all interlocutory matters (H1) Akinpelu v. Adegbore (2008) 4 KLR (pt. 252) p. 1533; (2008) 10 NWLR (Pt. 1096) 531

APPEALS - Motions - Relief granted by Court of Appeal - Though not strictly as prayed - Circumstances of this matter - Necessitated the

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

order that was made (H3) Group Danone v. Voltic Ltd (2008) 3 KLR (pt. 251) p. 1211; (2008) 7 NWLR (Pt. 1087) 637

APPEALS - Murder - Conviction - Where court entertains doubt on guilt of accused - It should be resolved in his favour - As in this case (H4) Orji v. State (2008) 4 KLR (pt. 253) p. 1843; (2008) 10 NWLR (Pt. 1094) 31

APPEALS - Murder - Evidence - Findings of trial court - That appellant tied deceased with a rope - Upheld by the Court of Appeal - Cannot be faulted (H3) Idiok v. State (2008) 4 KLR (pt. 252) p. 1589; (2008) 13 NWLR (Pt. 1104) 225

APPEALS - Murder - Findings of trial court - Where not challenged vide grounds of appeal - They remain binding - An appellate court will not disturb them (H2) Idiok v. State (2008) 4 KLR (pt. 252) p. 1589; (2008) 13 NWLR (Pt. 1104) 225

APPEALS - Notice of appeal - Amendment - Can be at any time with leave of court - And once filed within the extended period - The notice of appeal is valid (H2) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

APPEALS - Notice of appeal - Place of filing - Where filed in the Court of Appeal - Instead of court of trial as provided by O. 3 r. 2 (1) Court of Appeal Rules - It becomes voidable - And such non compliance can be waived under the rules (H1) Obi v. INEC (2008) 1 KLR (pt. 247) p. 443; (2008) 18 NWLR (Pt. 1172) 215

APPEALS - Preliminary objection - Grounds of appeal - Competence of - Ground 3 being complaint against lower court's judgment - Is valid (H3) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

APPEALS - Preliminary objection - Grounds of appeal - Issues - The grounds complained against are competent - And issues formulated from them shall be considered (H1) Otu v. ACB Inter. Bank Plc (2008)

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

1 KLR (pt. 246) p. 203; (2008) 3 NWLR (Pt. 1073) 179

APPEALS - Preliminary objection - Manner of raising - Is not in subtlety but to be conspicuously titled - The objection here flowing straight from the High Court - Supreme Court lacks jurisdiction (H1) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

APPEALS - Preliminary objection - To validity of appeal - Where not moved with court's leave before oral hearing of appeal - It is deemed waived and abandoned (H8) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

APPEALS - Quantum of damages - Reassessment on appeal - Principles of - Appellate courts will not generally reassess amount of damages on appeal - But will do so - Where trial judge proceeded on a wrong principle of law - In his assessment thereof (H7) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

APPEALS - Record - Court martial - Oaths - Record of appeal - Clearly shows that witnesses took oath - Appellant is bound by that record (H2) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

APPEALS - Record of appeal - Allegation of error - Proper procedure for - Is not by alleging so in brief of argument - But by a formal impeachment of the record - Before either the Court of Appeal or Supreme Court (H2) Ogli Oko Farms Ltd v. NAC Bank Ltd (2008) 4 KLR (pt. 253) p. 1803; (2008) 11 NWLR (Pt. 1098) 412

APPEALS - Reliefs - Conflicts - Where allowing relief number 3 - Would conflict with other reliefs granted by the trial court - It is necessary to dismiss it - As to enable the other reliefs stand (H3) Mil. Gov. Ondo State v. Kolawole (2008) 5 KLR (pt. 254) p. 2081

APPEALS - Res judicata - Sameness of subject matter - Correct findings of trial court confirmed by the Court of Appeal - That the land in

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

dispute is same - Will not be disturbed (H6) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

APPEALS - Retrial - Discretion - Circumstances of present case justify retrial order - Discretion of Customary Court of Appeal in ordering retrial - Will not be interfered with - There being no good cause (H5) Nnadozie v. Mbagwu (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 363

APPEALS - Retrial - Discretion - Since the order of retrial is discretionary - The five guiding principles or any past decisions - Are not binding precedents (H2) Nnadozie v. Mbagwu (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 363

APPEALS - Retrial - Five guiding principles governing the order - As enunciated in Abodundu case - Include error in law or irregularity in procedure (H1) Nnadozie v. Mbagwu (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 363

APPEALS - Retrial - Pleadings - Error of trial court - Would have led to retrial order in this case - But dismissal ordered by Court of Appeal - Is justified by the pleadings (H4) Dada v. Bankole (2008) 1 KLR (pt. 248) p. 543; (2008) 5 NWLR (Pt. 1079) 26

APPEALS - Retrial - Propriety of the order - Is where trial court failed to evaluate evidence on vital issues - And appeal court cannot adequately embark on evaluation from the printed records (H3) Nnadozie v. Mbagwu (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 363

APPEALS - Reversal - Affidavits - Averments - Interest rate - Deposition that did not state source of belief or information - Is no evidence - Court of Appeal rightly reversed the decision (H6) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

APPEALS - Reversal - Error of lower court - That did not occasion a miscarriage of justice - Cannot ground setting aside of the judgment

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

(H2) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

APPEALS - Reversal - Errors - Effect - It is not every error committed by a lower court that would lead to reversal of judgment - But the one resulting in a miscarriage of justice (H2) Nwavu v. Okoye (2008) 12 KLR (pt. 261) p. 3901; (2008) 18 NWLR (Pt. 1118) 29

APPEALS - Reversal - Pleadings - Amendment - Refusal - Where amendment sought is vital - For determination of the real issue between the parties - Its refusal based on wrong principles - Will be reversed by the Supreme Court (H6) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

APPEALS - Scope - Points not appealed - Where there is an appeal on some points only of a decision appealed against - Other points not appealed against - Remain unchallenged and binding on Appellant (H1) Michael v. State (2008) 6 KLR (pt. 256) p. 2563; (2008) 13 NWLR (Pt. 1104) 361

APPEALS - Stare decisis - Freedom of association - Guaranteed by the Constitution - Is not contravened by sections 3 & 5 of Trade Union Act - Which authorize refusal to register a union - As decided in Osawe case - Rightly followed by lower court (H2) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

APPEALS - Technicalities - Substantial justice - That guarantees fair jurisprudence - Is what courts follow - Mistake of trial Judge - That does not affect live issues - Will not secure success of an appeal (H1) Omoju v. FRN (2008) 2 KLR (pt. 250) p. 1145; (2008) 7 NWLR (Pt. 1085) 38

APPEALS - Time - Extension - Grounds of appeal - In the present application - Are not frivolous - As rightly held by Court of Appeal (H3) Ikenta Best Ltd v. A-G Rivers State (2008) 2 KLR (pt. 250) p. 1009; (2008) 6 NWLR (Pt. 1084) 612

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

APPEALS - Time - Extension of time to appeal - Special circumstance - Application for extension of time - Needs to show special circumstance - Mistake of counsel as in this case - Qualifies as special circumstance (H3) Akinpelu v. Adegbore (2008) 4 KLR (pt. 252) p. 1533; (2008) 10 NWLR (Pt. 1096) 531

APPEALS - Time to appeal - Extension of - O. 3 r. 4 (2) Court of Appeal Rules - Applicant must give good and substantial reasons for the delay - And his grounds of appeal must show good cause prima facie (H1) Ikenta Best Ltd v. A-G Rivers State (2008) 2 KLR (pt. 250) p. 1009; (2008) 6 NWLR (Pt. 1084) 612

APPEALS - Validity - Absence of prior necessary leave - Whether cured by leave to amend - Leave to appeal initiates an appeal process where leave is required - Leave to amend grounds relates to and presupposes an existing valid appeal - One cannot take the place of other (H2) Ehinlanwo v. Oke (2008) 6 KLR (pt. 256) p. 2493; (2008) 16 NWLR (Pt. 1113) 357

ARMED ROBBERY - Charges - Joined consideration of counts - Miscarriage of justice - Is not caused in this case - By trial court's joined consideration of two similar counts (H1) Adebayo v. Attorney-General of Ogun State (2008) 2 KLR (pt. 249) p. 721; (2008) 7 NWLR (Pt. 1085) 201

ARMED ROBBERY - Liability - Common intention - Where two or more persons form common intention - To do an unlawful act such as armed robbery as in this case - And in furtherance of the intention a person is killed - None of them can deny liability for the killing (H3) Michael v. State (2008) 6 KLR (pt. 256) p. 2563; (2008) 13 NWLR (Pt. 1104) 361

BAIL - Appeals - Discretion - Affidavits - Shift in factual situation at appeal stage - That gives credence to the averment - That respondent is not willing to prosecute appellants - Will justify grant of bail by Supreme Court (H5) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

BAIL - Criteria - Court should follow in considering the application - Include inter alia, the nature of the charge - Likelihood of interfering with witnesses or evidence (H2) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

BAIL - Grant or refusal of the application - Discretion - Definition - Connotes acting according to the dictates of one's conscience - Action taken having regard to what is right and equitable (H1) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

BAIL - Refusal - Discretion - Granted the factual situation at the time appellants were arraigned - Refusal of bail by lower courts - Was a proper exercise of judicial discretion (H4) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

BANKING - Actions - Proof - Pleadings - Cheques - Where evidence is given on a fact not pleaded - Defendant is not bound to respond - Plaintiff failed to prove its claim in this case (H5) Tsokwa Motors Ltd v. UBA Plc (2008) 1 KLR (pt. 247) p. 453; (2008) 2 NWLR (Pt. 1071) 347

BANKING - Cheques - Damages - Double compensation - Where court has fully compensated a victim of an injury under one head - It is not proper to award damages for same injury - Under another head (H6) Tsokwa Motors Ltd v. UBA Plc (2008) 1 KLR (pt. 247) p. 453; (2008) 2 NWLR (Pt. 1071) 347

BANKING - Companies - Findings - Born out from the records - That defendants failed to prove their assertion - That plaintiff and his brothers were directors/shareholders - At time of mortgage by a limited liability company - Will not be faulted by Supreme Court (H8) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

BANKING - Contracts - Loans - Recovery action - Proper venue - Appropriate venue could be where the contract was made - Where it

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

was performed or was to be performed - Or where defendant resides or does business - Court of Appeal was therefore wrong to hold that trial court lacked jurisdiction (H2) First Bank Plc v. Abraham (2008) 12 KLR (pt. 260) p. 3707; (2008) 18 NWLR (Pt. 1118) 172

BANKING - Debts - Interest rate - Uncertainty of - "About" - Meaning and definition - Claim on rate of interest - Has to be proved by admissible evidence - And not by mere uncertain averment of a law clerk - Using the phrase "about" (H5) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

CARRIAGE OF GOODS - Sea carriage - Jurisdiction clause - Construction of - Courts should give effect to it - Unless the party in breach shows a strong cause to warrant otherwise - Which was not the case herein (H2) Nika Fishing Co. Ltd v. Lavina Corporation (2008) 7 KLR (pt. 258) p. 2855; (2008) 16 NWLR (Pt. 1114) 509

CHARGES - Appeals - Conviction - Basis - Withdrawn charge - Was not the offence for which appellant was convicted on appeal - Though Court of Appeal can even convict on withdrawn charge where appropriate (H6) Odeh v. FRN (2008) 4 KLR (pt. 252) p. 1615; (2008) 13 NWLR (Pt. 1103) 1

CHARGES - Counts - Joined consideration of counts - Miscarriage of justice - Is not caused in this case - By trial court's joined consideration of two similar counts (H1) Adebayo v. Attorney-General of Ogun State (2008) 2 KLR (pt. 249) p. 721; (2008) 7 NWLR (Pt. 1085) 201

CHARGES - Court martial - Competence - Investigation of charge - As provided by ss. 123 & 124 of the Armed Forces Decree 1993 - Were complied with - Thereby clothing the court martial with jurisdiction (H1) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

CHARGES - Formal defects - Objections thereto - Time to take - Any objection to a charge for formal defect on the face thereof - Shall be

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

taken immediately after charge is read over to accused - Not later (H3) Amadi v. FRN (2008) 12 KLR (pt. 259) p. 3401; (2008) 18 NWLR (Pt. 1119) 259

CHARGES - Plea of guilty - Compliance with s. 218 CPA - Was maintained by trial court - The section merely requires that court be satisfied - That accused intended to admit the truth - Of all essentials of the offence (H6) Omoju v. FRN (2008) 2 KLR (pt. 250) p. 1145; (2008) 7 NWLR (Pt. 1085) 38

CHARGES - Purpose of - Withdrawal of 2nd count that was subsumed in the 1st - Is immaterial - As there must be unlawful possession - Before one could deal with or sell drugs (H4) Odeh v. FRN (2008) 4 KLR (pt. 252) p. 1615; (2008) 13 NWLR (Pt. 1103) 1

CHARGES - Signing & filing - Fiat to EFCC - Any staff of EFCC can exercise the power delegated to EFCC by any Attorney-General - Subject to the general powers of the respective Attorneys-General to take over proceedings (H2) Amadi v. FRN (2008) 12 KLR (pt. 259) p. 3401; (2008) 18 NWLR (Pt. 1119) 259

CHIEFTAINCY MATTERS - Appointment of chief - Applicable statute - Appointment of 1st respondent as the Aguma of Bassa Kwomo - Was properly done in accordance with s. 4(2) of the Kogi State Law 1992 (H5) Sokwo v. Kpongbo (2008) 2 KLR (pt. 249) p. 881; (2008) 7 NWLR (Pt. 1086) 342

CHIEFTAINCY MATTERS - Creation - Of the chieftaincy in dispute - was by the colonial government - And not from custom - As rightly found by trial Court - Supported by appellant's evidence under cross examination (H3) Sokwo v. Kpongbo (2008) 2 KLR (pt. 249) p. 881; (2008) 7 NWLR (Pt. 1086) 342

CHIEFTAINCY MATTERS - Proof - Appeals - Custom of exclusiveness of stool - Was not proved by appellant - Present appeal is devoid of substance (H4) Sokwo v. Kpongbo (2008) 2 KLR (pt. 249) p. 881; (2008) 7 NWLR (Pt. 1086) 342

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

COMPANY LAW - Membership - Findings - Born out from the records - That defendants failed to prove their assertion - That plaintiff and his brothers were directors/shareholders - At time of mortgage by a limited liability company - Will not be faulted by Supreme Court (H8) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

COMPANY LAW - Parties - Corporate personality - Subsidiary companies - Are separate distinct personalities - From their holding companies - In the eye of the law - And should be treated as such (H4) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

CONFLICT OF LAWS - Jurisdiction - Constitution - National Industrial Court - Does not have jurisdiction in all employment matters - Existing law that is in conflict with the Constitution - Is void to the extent of the inconsistency (H4) Oloruntoba-Oju v. Dopamu (2008) 2 KLR (pt. 250) p. 1117; (2008) 7 NWLR (Pt. 1085) 1

CONSENT JUDGMENTS - Contracts - Breach - Consent judgment - That incorporated parties' written agreements as binding - Was wrongfully interpreted in isolation by Court of Appeal - Appellants are entitled to percentage amount as contracted (H7) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

CONSENT JUDGMENTS - Terms - Interpretation of - Must be anchored on the parties' prior written agreements - In line with the principle - That requires interpretation - To be wholistic and not isolated (H6) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

CONSTITUTIONAL LAW - Actions - Preaction notice - Access to court and condition precedent - Definition - Constitutional right of access to the court - Does not preclude statutory regulations of how the right should be exercised (H3) Nigercare v. Adamwa State Water Board (2008) 3 KLR (pt. 251) p. 1297; (2008) 9 NWLR (Pt. 1093) 498

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

CONSTITUTIONAL LAW - Actions - Justiciability - Elections - Preelection matter - Premised on breach of the Constitution and Electoral Act - Issue of wrongful substitution of party candidate - Court has a duty to enforce valid laws - A political party is bound by the Constitution and laws (H10) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

CONSTITUTIONAL LAW - Actions - Relief - Based on an international labour convention - Was wrongfully granted by trial court - Since the convention has not been enacted into law by the National Assembly - As provided in s. 12(1) of 1999 Constitution (H5) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

CONSTITUTIONAL LAW - Appeals - Competence - Grounds of appeal - Where only one of the four grounds is valid - The appeal is competent vide s. 233(2)(a) of 1999 Constitution - As of right (H2) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

CONSTITUTIONAL LAW - Appeals - Enlargement of time - Considerations - Once good reasons are shown - For failure to appeal within time - Court should grant the prayer - If there is prima facie good grounds of appeal - As right of appeal is constitutional - It should not be readily denied (H1) Ifekandu v. Uzoegwu (2008) 6 KLR (pt. 256) p. 2553; (2008) 15 NWLR (Pt. 1111) 508

CONSTITUTIONAL LAW - Appeals - Interlocutory appeal - Right to file - Being Constitutional - Court lacks jurisdiction to take it away - Based on preliminary objection (H3) Abubakar v. Yar'dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

CONSTITUTIONAL LAW - Appeals - Interlocutory appeals - Leave - Is not necessary in all cases - In view of s. 233(2) of 1999 Constitution (H1) Abubakar v. Yar'dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

CONSTITUTIONAL LAW - Appeals - Leave - Meaning & rationale -

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

Where leave is required vide s. 222 of 1979 Constitution - Or in the rules of court - Failure to seek and obtain leave - Removes Court's jurisdiction to grant the incompetent motion (H3) Otu v. ACB Inter. Bank Plc (2008) 1 KLR (pt. 246) p. 203; (2008) 3 NWLR (Pt. 1073) 179

CONSTITUTIONAL LAW - Attorneys-General - Delegation of powers - 1999 Constitution, s. 211 - Power of State Attorneys-General to delegate their powers under section 211 - Is not limited to delegation to officers of their department (H1) Amadi v. FRN (2008) 12 KLR (pt. 259) p. 3401; (2008) 18 NWLR (Pt. 1119) 259

CONSTITUTIONAL LAW - Breach - Actions - Competence - Condition precedent - Contained in s. 51 of the Edict - That forbids action against 1st defendant temporarily - Is not an ouster clause contrary to the Constitution (H1) Nigercare v. Adamwa State Water Board (2008) 3 KLR (pt. 251) p. 1297; (2008) 9 NWLR (Pt. 1093) 498

CONSTITUTIONAL LAW - Commissions of inquiry - Power to set up - Scope of - Power of state governor to set up commissions of inquiry - Does not extend to setting up commissions - To inquire into activities of public servants in another state - Under our Constitution (H24) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

CONSTITUTIONAL LAW - Courts - Duty - Issues formulated by parties - Are what courts should be confined to - In performing its duty of granting fair hearing to both parties (H2) Dada v. Bankole (2008) 1 KLR (pt. 248) p. 543; (2008) 5 NWLR (Pt. 1079) 26

CONSTITUTIONAL LAW - Courts - Powers - S. 6 (6) (a) of 1999 Constitution - Consequential reliefs - Though not claimed - Can be granted by the court - Towards stopping subversion of justice - So that though not claimed appellant is deemed - To be the winner of the election (H17) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

CONSTITUTIONAL LAW - Criminal trial - Fair hearing - Interpreter -

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

Necessity for - It is only necessary where a person charged with an offence - Does not understand the language used at the trial (H2) Onyia v. State (2008) 12 KLR (pt. 261) p. 3959; (2008) 18 NWLR (Pt. 1118) 142

CONSTITUTIONAL LAW - Elections - Jurisdiction - Preelection matters - Party primary election dispute - Does not fall within jurisdiction of election tribunal - Vide any provision of the Constitution, and the Electoral Act (H5) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

CONSTITUTIONAL LAW - Elections - Vide s. 221 of 1999 Constitution - Only political parties - Shall canvas for votes for any candidate - Thus, it is a party that wins or loses - For there is no individual candidacy (H14) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

CONSTITUTIONAL LAW - Freedom of association - Guaranteed by the Constitution - Is not contravened by sections 3 & 5 of Trade Union Act - Which authorize refusal to register a union - As decided in Osawe case - Rightly followed by lower court (H2) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

CONSTITUTIONAL LAW - Fundamental rights - Enforcement procedure - Propriety of - Fundamental Rights (Enforcement Procedure) Rules 1979 - Is not applicable - Where main claim - Is not on fundamental rights (H2) WAEC v. Akinkumi (2008) 4 KLR (pt. 253) p. 1935; (2008) 9 NWLR (Pt. 1091) 151

CONSTITUTIONAL LAW - Governor's immunity - S. 308 of 1999 Constitution - Purpose of - It cannot be relied upon - Where the res in dispute will be permanently destroyed - With the effluxion of time (H9) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

CONSTITUTIONAL LAW - Governor's office - Eligibility - Crime - Fair trial - A citizen should not be found guilty of a crime - Without

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

being given fair trial before a court - Mere finding of guilt by a tribunal - Without prosecution in court - Does not remove eligibility to Governor's office (H6) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

CONSTITUTIONAL LAW - Governor's office - Eligibility of candidates - S. 182 (1)(i) of 1999 Constitution - Should be construed along with s. 36 - To avoid politicians using s. 182 - To hinder the emergence of their opponents (H5) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

CONSTITUTIONAL LAW - Indictment - Meaning of - 1999 Constitution, s. 137 (1)(i) - Indictment embraces an allegation or committal of something in the nature of a felony - Warranting the drafting of a charge with a view of prosecuting the indicted - Therefore Exhibit EP2/34 is not an indictment (H25) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

CONSTITUTIONAL LAW - Interpretation - Cannons of - Extraneous matters should not be imported - To secure a meaning not intended by the legislature - In applying the cannon of considering a statute as a whole (H8) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

CONSTITUTIONAL LAW - Interrogatories - Fair hearing - Is denied - Where interrogatories are wrongfully refused - Need for speedy hearing - Does not justify Court of Appeal's refusal of interrogatories - In this case (H9) Abubakar v. Yar'dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

CONSTITUTIONAL LAW - Jurisdiction - Elections - Ss. 178 & 285 (2) of 1999 Constitution - Cannot be construed to destroy court's jurisdiction in preelection matters - As related provisions of a law are not interpreted in isolation (H12) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

CONSTITUTIONAL LAW - Jurisdiction - National Industrial Court - Does not have jurisdiction in all employment matters - Existing law

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

that is in conflict with the Constitution - Is void to the extent of the inconsistency (H4) Oloruntoba-Oju v. Dopamu (2008) 2 KLR (pt. 250) p. 1117; (2008) 7 NWLR (Pt. 1085) 1

CONSTITUTIONAL LAW - Practice directions - Binding effect of - Extent - In the hierarchy of our jurisprudence practice directions come last in terms of authority - In event of conflict with the Constitution or even the enabling rules of court - The latter prevails (H18) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

CONSTITUTIONAL LAW - Rules - Fundamental Rights (Enforcement Procedure) Rules 1979 - Applicability of - Where reliefs sought - Show that breach of fundamental right is merely incidental - The Rules are not applicable (H3) WAEC v. Adeyanju (2008) 4 KLR (pt. 253) p. 1905; (2008) 9 NWLR (Pt. 1092) 270

CONSTITUTIONAL LAW - Supremacy - Elections - Political parties - Liberty to put up any candidate they deem fit - Is subject to the 1999 Constitution - And Electoral Act 2006 - Dalhatu & Onuoha cases are no longer applicable (H2) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

CONSTITUTIONAL LAW - Trials - Speediness of - Fair hearing - Though speedy trials by our courts - Is the desire of all involved in the administration of justice - It should not be pursued - At the expense of fair hearing (H5) Ogli Oko Farms Ltd v. NAC Bank Ltd (2008) 4 KLR (pt. 253) p. 1803; (2008) 11 NWLR (Pt. 1098) 412

CONSTITUTIONAL LAW - Words used - International treaty - Phrase used in s. 12(1) of 1999 Constitution - Does not mean that similar provisions in other laws - Can be relied upon in holding a treaty applicable - When not yet adopted by the National Assembly (H9) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

CONSUMERS - Negligence - Duty of care - Implied warranty - Exists between consumer and manufacturer - As to safety of bottled drink -

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

Established injury from taking the drink - Entitles appellant to compensation (H4) Okwejiminor v. Gbakeji (2008) 1 KLR (pt. 248) p. 609; (2008) 5 NWLR (Pt. 1079) 172

CONTEMPT OF COURT - Order in issue - Validity of - Where the order is being challenged - Contempt matter should wait till issue of validity is settled - This is an exception to the principle - Of not hearing a contemnor till he purges himself of the contempt (H2) Group Danone v. Voltic Ltd (2008) 3 KLR (pt. 251) p. 1211; (2008) 7 NWLR (Pt. 1087) 637

CONTRACTS - Actions - Preaction notice - Applicability of - Fact that plaintiff's claim is founded on contract - Does not preclude the application of the requirement - For service of preaction notice (H2) Ntiero v. NPA (2008) 5 KLR (pt. 255) p. 2313; (2008) 10 NWLR (Pt. 1094) 129

CONTRACTS - Agreements - Terms of - Are binding on the parties - Written agreements of the parties - Is the only authoritative admissible evidence of the contract - With some exceptions (H4) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

CONTRACTS - Breach - Consent judgment - That incorporated parties' written agreements as binding - Was wrongfully interpreted in isolation by Court of Appeal - Appellants are entitled to percentage amount as contracted (H7) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

CONTRACTS - Carriage of goods by sea - Jurisdiction clause - Construction of - Courts should give effect to it - Unless the party in breach shows a strong cause to warrant otherwise - Which was not the case herein (H2) Nika Fishing Co. Ltd v. Lavina Corporation (2008) 7 KLR (pt. 258) p. 2855; (2008) 16 NWLR (Pt. 1114) 509

CONTRACTS - Consent judgments - Terms - Interpretation of - Must be anchored on the parties' prior written agreements - In line with the principle - That requires interpretation - To be wholistic and not

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

isolated (H6) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

CONTRACTS - Contract of employment - Worker - Definition under the Labour Act - Include an agreement - Whereby one person agrees - To serve the employer as a worker - A worker is any that works with an employer - Under any form of contract, implied or oral (H1) Shena Security Ltd. v. Afropak Ltd (2008) 5 KLR (pt. 254) p. 2125; (2008) 18 NWLR (Pt. 1118) 77

CONTRACTS - Damages - General damages - Propriety of the award - In ordinary contracts of employment - Where terms provide for period of notice before termination - Award of general damages is inappropriate - Court of Appeal was right to set aside the award (H2) Ativie v. Kabelmetal Ltd (2008) 5 KLR (pt. 255) p. 2253; (2008) 10 NWLR (Pt. 1095) 399

CONTRACTS - Damages - Remoteness of - Wrongful termination - Recoverable damages - For wrongful dismissal/termination - Are limited to losses - Reasonably foreseeable - By parties at time of contract - As inevitably arising from a breach thereof (H5) Shena Security Ltd. v. Afropak Ltd (2008) 5 KLR (pt. 254) p. 2125; (2008) 18 NWLR (Pt. 1118) 77

CONTRACTS - Employment - Admission - Termination of servant - Repatriation allowance - Though not provided for in respect of redundancy - Admission by respondent's only witness - Makes appellant entitled to repatriation allowance (H5) Isheno v. Julius Berger Plc (2008) 2 KLR (pt. 250) p. 1059; (2008) 6 NWLR (Pt. 1084) 582

CONTRACTS - Employment - Terms & termination - Length of notice - Where unprovided for - Court will apply common law rule of reasonable notice - Reasonableness determined from intention of parties - As apparent from the terms (H3) Shena Security Ltd. v. Afropak Ltd (2008) 5 KLR (pt. 254) p. 2125; (2008) 18 NWLR (Pt. 1118) 77

CONTRACTS - Employment - Types - Determinant factors that court

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

considers - Include manner of payment - Personal nature of the duties performed, etc - To determine whether contract of service or for service is entered into - Present case is one of service/employment (H2) Shena Security Ltd. v. Afropak Ltd (2008) 5 KLR (pt. 254) p. 2125; (2008) 18 NWLR (Pt. 1118) 77

CONTRACTS - Leases - Specific performance - Option to renew lease - Where the lease has expired - Without being renewed - There is no cause of action - To warrant grant of specific performance (H5) Ezenwa v. Oko (2008) 1 KLR (pt. 248) p. 589; (2008) 3 NWLR (Pt. 1075) 610

CONTRACTS - Leases - Specific performance - Option to renew lease - That is not accepted by landlord - Remains a mere offer - And not an enforceable contract (H6) Ezenwa v. Oko (2008) 1 KLR (pt. 248) p. 589; (2008) 3 NWLR (Pt. 1075) 610

CONTRACTS - Loans - Recovery action - Proper venue - Appropriate venue could be where the contract was made - Where it was performed or was to be performed - Or where defendant resides or does business - Court of Appeal was therefore wrong to hold that trial court lacked jurisdiction (H2) First Bank Plc v. Abraham (2008) 12 KLR (pt. 260) p. 3707; (2008) 18 NWLR (Pt. 1118) 172

CONTRACTS - Master & Servant - Termination - Rules of natural justice - Employer is not bound to give reason for termination - But where he does the reason must be justifiable - And the proceedings indicting the servant must observe the rules of natural justice (H1) Shell Petroleum v. Olarewaju (2008) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

CONTRACTS - Pleadings - Reliefs - A claim is circumscribed by the reliefs claimed therein - It is the reliefs claimed that determine the nature of an action - Accordingly the instant action is in contract (H1) Ativie v. Kabelmetal Ltd (2008) 5 KLR (pt. 255) p. 2253; (2008) 10 NWLR (Pt. 1095) 399

CONTRACTS - Proof - Documents - Oral evidence is not admissible

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

- To prove, vary, alter or add to the term - Of a written contract (H2) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

CONTRACTS - Sales or lease of land - Specific performance - Need to give evidence of damages suffered - Per adventure the order is refused - Where plaintiff performed all his contractual terms - Court will grant specific performance - In proper cases (H4) Ezenwa v. Oko (2008) 1 KLR (pt. 248) p. 589; (2008) 3 NWLR (Pt. 1075) 610

CONTRACTS - Terms - Denial - That payment of third instalment - Does not fall within the parties' contract - Is dishonest (H5) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

CONTRACTS - Wrongful dismissal - Reinstatement - In ordinary contracts of employment unlike those protected by statute - It is wrong for a court to order reinstatement - As relief for wrongful dismissal (H3) Ativie v. Kabelmetal Ltd (2008) 5 KLR (pt. 255) p. 2253; (2008) 10 NWLR (Pt. 1095) 399

CONVEYANCING - Land Use Act - Right of occupancy - Alienation vide deed of conveyance - without obtaining mandatory Governor's consent - Makes the deed null and void - As rightly held by lower courts (H6) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

CONVICTION - Abetment - Penal Code s. 85 - To secure conviction - Prosecution must establish that accused abetted the offence - Which was committed in consequence of the abetment (H2) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

CONVICTION - Appeals - Basis - Withdrawn charge - Was not the offence for which appellant was convicted on appeal - Though Court of Appeal can even convict on withdrawn charge where appropriate (H6) Odeh v. FRN (2008) 4 KLR (pt. 252) p. 1615; (2008) 13 NWLR (Pt. 1103) 1

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

CONVICTION - Appeals - Lesser or different offence - With which accused was not charged - He can be convicted for it by appellate court - Where appropriate and available evidence supports it (H2) Odeh v. FRN (2008) 4 KLR (pt. 252) p. 1615; (2008) 13 NWLR (Pt. 1103) 1

CONVICTION - Appellate court - Powers - Drug law offences - Appellant who was charged with dealing in Indian hemp - Was properly convicted by Court of Appeal - For the lesser offence of being in possession of the drug (H3) Odeh v. FRN (2008) 4 KLR (pt. 252) p. 1615; (2008) 13 NWLR (Pt. 1103) 1

CONVICTION - Circumstantial evidence - Though may be conclusive sometimes - Surrounding circumstances must be considered - For they may affect the inference of guilt - To ground conviction - It must inter alia - Point irresistibly to the guilt of accused (H2) Orji v. State (2008) 4 KLR (pt. 253) p. 1843; (2008) 10 NWLR (Pt. 1094) 31

CONVICTION - Confession - By a coaccused - Effect on coaccused's case - It is inadmissible against coaccused - Unless expressly adopted by him - Trial court should warn itself on this principle - Or the conviction may be quashed (H2) Fatilewa v. State (2008) 5 KLR (pt. 254) p. 2011; (2008) 12 NWLR (Pt. 1101) 518

CONVICTION - Confessional statement - Probative value of - Free and voluntary confession is admissible - Trial Judge is to determine the truth of contents of the statement - At the end of hearing (H3) Omoju v. FRN (2008) 2 KLR (pt. 250) p. 1145; (2008) 7 NWLR (Pt. 1085) 38

CONVICTION - Confessional statement - That is free, voluntary, direct, positive and properly proved - Can sustain a conviction - Without need of other corroborative evidence - If court is satisfied with its truth (H7) Odeh v. FRN (2008) 4 KLR (pt. 252)

CONVICTION - Conspiracy and abetment - Distinction between the two offences - They have different ingredients - Prior agreement is

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

not necessary in the case of abetment - A secondary party like appellant - Was rightly convicted in this case as a principal offender (H3) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

CONVICTION - Courts - Powers - Offences not charged - Under s. 218 of the Criminal Procedure Code courts have power to convict - For lesser offences not charged or pleaded to - Where greater offences charged are not proved (H2) Ezeja v. State (2008) 5 KLR (pt. 255) p. 2297; (2008) 10 NWLR (Pt. 1096) 513

CONVICTION - Evidence - Coaccused - Discredited evidence on same facts - Cannot on appeal ground conviction of coaccused - But present case is different - As trial court did not rely on same evidence - That convicted appellant - In discharging 1st accused (H4) Idiok v. State (2008) 4 KLR (pt. 252) p. 1589; (2008) 13 NWLR (Pt. 1104) 225

CONVICTION - Evidence - Contradiction - Effect of - Contradiction in evidence of prosecution - Can only affect conviction - If it relates to a matter - Which must be determined - Before court can arrive at proper verdict (H3) Akpa v. State (2008) 4 KLR (pt. 252) p. 1563; (2008) 14 NWLR (Pt. 1106) 72

CONVICTION - Governor's office - Eligibility - Crime - Fair trial - A citizen should not be found guilty of a crime - Without being given fair trial before a court - Mere finding of guilt by a tribunal - Without prosecution in court - Does not remove eligibility to Governor's office (H6) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

CONVICTION - Guilt - Courts - Indictment by a judicial commission - Is not cognizable under the law - Without trial before a court - It is not permissible to find a person guilty (H7) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

CONVICTION - Lesser offence - Courts have power under s.179(1) CPA - To convict for a lesser offence - Where only such particulars

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

were proved - As rightly done by the Court of Appeal (H5) Odeh v. FRN (2008) 4 KLR (pt. 252) p. 1615; (2008) 13 NWLR (Pt. 1103) 1

CONVICTION - Mistakes - Notwithstanding the mistaken reference to s. 218 of Penal Code instead of s. 218 Criminal Procedure Code - There was no miscarriage of justice occasioned - Court of Appeal was therefore right to uphold conviction (H1) Ezeja v. State (2008) 5 KLR (pt. 255) p. 2297; (2008) 10 NWLR (Pt. 1096) 513

CONVICTION - Murder - Proof beyond reasonable doubt - Must be achieved before accused can be convicted - Present case is riddled with doubt - Lower courts convicted - Without considering all prevailing factors (H3) Orji v. State (2008) 4 KLR (pt. 253) p. 1843; (2008) 10 NWLR (Pt. 1094) 31

CONVICTION - Murder - Proof of - Circumstantial evidence - Sufficiency of - Accused could - Be convicted of murder - If there is enough circumstantial evidence - That accused killed the deceased - Though there is no eye witness (H1) Akpa v. State (2008) 4 KLR (pt. 252) p. 1563; (2008) 14 NWLR (Pt. 1106) 72

CONVICTION - Sodomy - Proof - Apart from one hearsay evidence in this case - Other available evidence justify appellant's conviction (H4) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

CONVICTION - Victims of crime - Proof of offence against only one victim - Is sufficient to sustain conviction - And offence of sodomy in issue - Does not require corroboration statutorily (H5) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

CORROBORATION - Confessional statement - That is free, voluntary, direct, positive and properly proved - Can sustain a conviction - Without need of other corroborative evidence - If court is satisfied with its truth (H7) Odeh v. FRN (2008) 4 KLR (pt. 252) p. 1615; (2008) 13 NWLR (Pt. 1103) 1

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

CORROBORATION - Confessional statements - If satisfactorily proved - Confession to police can warrant conviction without corroboration - But it is desirable to have other evidence - That show the confession to be true (H4) Omoju v. FRN (2008) 2 KLR (pt. 250) p. 1145; (2008) 7 NWLR (Pt. 1085) 38

CORROBORATION - Evidence - Proof - Probative value - Where circumstances make a piece of evidence suspect - As in the instant case - There is need for corroboration of such evidence - For it to sustain a conviction - Corroboration was missing in the instant case (H3) Isah v. State (2008) 5 KLR (pt. 254) p. 2025; (2008) 18 NWLR (Pt. 1119) 285

CORROBORATION - Necessity of - One witness of truth can result in conviction of an accused - Except in an offence where corroboration is statutorily required - Which is not the case herein (H5) Akpa v. State (2008) 4 KLR (pt. 252) p. 1563; (2008) 14 NWLR (Pt. 1106) 72

CORROBORATION - Victims of crime - Proof of offence against only one victim - Is sufficient to sustain conviction - And offence of sodomy in issue - Does not require corroboration statutorily (H5) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

COURT MARTIAL - Competence - Investigation of charge - As provided by ss. 123 & 124 of the Armed Forces Decree 1993 - Were complied with - Thereby clothing the court martial with jurisdiction (H1) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

COURT MARTIAL - Finding & sentencing - Armed Forces Decree, s. 141 - What the trial General Court Martial did on 28th July complied with the provisions of the section - Therefore it lacked the jurisdiction to pronounce a subsequent sentence on 4th August (H2) Nigerian Army v. Iyere (2008) 12 KLR (pt. 261) p. 3881; (2008) 18 NWLR (Pt. 1118) 115

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

COURT MARTIAL - Jurisdiction - Functus officio - Import - Once a court gives a final decision it cannot thereafter review or vary same - Even if it realises afterwards that the decision is wrong - It no longer has jurisdiction to do so (H1) Nigerian Army v. Iyere (2008) 12 KLR (pt. 261) p. 3881; (2008) 18 NWLR (Pt. 1118) 115

COURT MARTIAL - Oaths - Record of appeal - Clearly shows that witnesses took oath - Appellant is bound by that record (H2)

COURT MARTIAL - Sentences - Power to review - It would have such power if directed by the confirming authority - But even then it can not substitute a severer punishment than that already handed down (H3) Nigerian Army v. Iyere (2008) 12 KLR (pt. 261) p. 3881; (2008) 18 NWLR (Pt. 1118) 115

COURT MARTIAL - Sentences - Review that is ultra vires - Effect - Such a review constitutes a fundamental defect in the proceedings - Which rendered the proceedings null & void (H4) Nigerian Army v. Iyere (2008) 12 KLR (pt. 261) p. 3881; (2008) 18 NWLR (Pt. 1118) 115

COURT MARTIAL - Sodomy - Fair hearing - Violation of - Allegation that fair hearing was denied - Must be based on facts - Appellant's right to fair hearing was not violated in this case (H8) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

COURT MARTIAL - Sodomy - Proof - Apart from one hearsay evidence in this case - Other available evidence justify appellant's conviction (H4) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

COURT PROCESSES - Abuse of - Appeals - Factors that constitute abuse - Such as same parties - Are not available in the present suit - As rightly held by the Court of Appeal (H2) Umeh v. Iwu (2008) 2 KLR (pt. 250) p. 1171; (2008) 8 NWLR (Pt. 1089) 225

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

COURT PROCESSES - Abuse of - Definition - Conditions that ground abuse are not closed - It denotes multiplicity of suits - Against same opponent on same issues - And court's attitude is to strike out such suit (H1) Umeh v. Iwu (2008) 2 KLR (pt. 250) p. 1171; (2008) 8 NWLR (Pt. 1089) 225

COURT PROCESSES - Abuse of - Subject matter in both suits under consideration - Are not same - As to ground abuse of process (H3) Umeh v. Iwu (2008) 2 KLR (pt. 250) p. 1171; (2008) 8 NWLR (Pt. 1089) 225

COURT PROCESSES - Actions - Multiplicity - Motive - Whether the suits are overreaching and vexatious - Are amongst factors court will consider - In finding abuse of court's process - Instant suit is not vexatious (H4) Umeh v. Iwu (2008) 2 KLR (pt. 250) p. 1171; (2008) 8 NWLR (Pt. 1089) 225

COURT PROCESSES - Filing of process - Jurisdiction of court to determine a matter - Is invoked by filing appropriate process - This implies payment of appropriate filing fees (H3) Ogli Oko

COURT PROCESSES - Issuance and service of - In civil litigation - Issuance and service of processes - Are distinct though interrelated - Service may be void - Though issuance be valid - But both are void in the instant action (H2) Owners of MV "Arabella" v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

COURT PROCESSES - Judgments - Execution of - Writ of fifa - When due - A writ of fifa may issue for enforcement of a judgment - Immediately upon pronouncement of the judgment - As a matter of course - Without leave (H1) Olatunji v. Owena Bank Plc (2008) 4 KLR (pt. 253) p. 1829; (2008) 8 NWLR (Pt. 1090) 668

COURT PROCESSES - Leave to file - Effect of grant - The granting of leave to file court processes by a court - Does not estop that court from subsequently ruling on the validity - Or merit of the processes in the same proceedings (H14) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

COURT PROCESSES - Originating process - Non-service of - Where not served on a party newly joined at his own instance - It is a mere irregularity - That did not occasion miscarriage of justice - And cannot affect trial court's jurisdiction (H1) Umeanadu v. A-G Anambra State (2008) 3 KLR (pt. 251) p. 1373; (2008) 9 NWLR (Pt. 1091) 175

COURT PROCESSES - Originating processes - Failure to serve - Effect - Failure to serve an originating process is not merely an irregularity - It is a fundamental defect which renders the proceedings a nullity (H1) Okoye v. Centre Point M.B. Ltd (2008) 7 KLR (pt. 258) p. 2965; (2008) 15 NWLR (Pt. 1110) 335

COURT PROCESSES - Service - Non-service of process on a proper party - Will render proceedings null and void - But there is evidence of service in this case (H1) Tsokwa Motors Ltd v. UBA Plc (2008) 1 KLR (pt. 247) p. 453; (2008) 2 NWLR (Pt. 1071) 347

COURT PROCESSES - Writ of summons - Filing fees - Additional reliefs contained in the statement of claim - Should attract additional filing fees where appropriate - But not for specific performance - Which is not a monetary compensation (H3) Ezenwa v. Oko (2008) 1 KLR (pt. 248) p. 589; (2008) 3 NWLR (Pt. 1075) 610

COURT PROCESSES - Writ of summons - Issuance & Service - Outside jurisdiction - Failure to obtain prior leave to issue and serve writ outside jurisdiction of court - Is a fundamental defect - Not mere irregularity which can be cured (H3) Drexel Energy Ltd v. Trans Inter. Bank Ltd (2008) 12 KLR (pt. 261) p. 3803; (2008) 18 NWLR (Pt. 1119) 388

COURTS - Abuse of court's process - Definition - Conditions that ground abuse are not closed - It denotes multiplicity of suits - Against same opponent on same issues - And court's attitude is to strike out such suit (H1) Umeh v. Iwu (2008) 2 KLR (pt. 250) p. 1171; (2008) 8 NWLR (Pt. 1089) 225

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

COURTS - Abuse of process - Appeals - Issues - Where rendered academic by subsequent events - Continued prosecution of instant appeal - After a subsequent favourable ruling on its substance by the Court of Appeal - Is an abuse of judicial process (H1) Yar'dua v. Abubakar (2008) 12 KLR (pt. 260) p. 3753; (2008) 18 NWLR (Pt. 1120) 236

COURTS - Abuse of process - Manifestations - Both proper and improper use of judicial process could amount to abuse of process - It is the inconvenience and inequities involved in the aims of an action - That constitute abuse of process (H1) Ojo v. Olawore (2008) 6 KLR (pt. 256) p. 2645

COURTS - Abuse of process - Order of court - That petition to police be withdrawn was not obeyed - Appellant's step in this case - Is not one of maintenance of a civil suit - Based upon an offence that has not been disposed of - But an abuse of Court's process (H4) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008) 2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

COURTS - Abuse of process - Self help - Reliefs sought vide motion ex parte - Having been granted by court orders - Reporting the matter to police is abuse of court's process - And self help which courts will not tolerate (H3) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008) 2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

COURTS - Access to - Actions - Preaction notice - Issue of - Has been settled in lots of decided authorities - As to its purpose and implication - Not being to restrict access to the court (H2) Nigercare v. Adamwa State Water Board (2008) 3 KLR (pt. 251) p. 1297; (2008) 9 NWLR (Pt. 1093) 498

COURTS - Access to - Governor's immunity - S. 308 of 1999 Constitution - Purpose of - It cannot be relied upon - Where the res in dispute will be permanently destroyed - With the effluxion of time (H9) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

COURTS - Actions - Claims - Declaration of right - Entitlement thereto - Court does not grant declaration in default or on admissions - Without taking evidence and being satisfied as to credibility of such evidence (H5) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

COURTS - Actions - Commencement - Wrong procedure - Effect - An action wrongly commenced is incompetent - Accordingly it robs the court of jurisdiction to hear and determine the same (H2) Drexel Energy Ltd v. Trans Inter. Bank Ltd (2008) 12 KLR (pt. 261) p. 3803; (2008) 18 NWLR (Pt. 1119) 388

COURTS - Actions - Competence - Duty of court - Where issue of competence of action is raised - Court not only has authority but also a duty to determine action in limine - If lack of competence is established (H2) Sani v. Okene L.G.T.C. (2008) 5 KLR (pt. 255) p. 2437; (2008) 12 NWLR (Pt. 1102) 691

COURTS - Actions - Competence of - Issues of competence of action - Should be resolved first - As they touch on jurisdiction - Without which a suit must be struck out (H1) WAEC v. Adeyanju (2008) 4 KLR (pt. 253) p. 1905; (2008) 9 NWLR (Pt. 1092) 270

COURTS - Actions - Declarations - Are not made by Court - On admission or in default of defence - Without hearing evidence - But absence of viva voce evidence does not mean absence of evidence - Seeing that parties agreed to rely on undisputed documentary evidence (H11) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

COURTS - Actions - Issues - Competence and jurisdiction - Issues of - Should be accorded priority of consideration - As they render the suit liable to be struck out (H1) WAEC v. Akinkumi (2008) 4 KLR (pt. 253) p. 1935; (2008) 9 NWLR (Pt. 1091) 151

COURTS - Actions - Jurisdiction - Trade dispute - Definition - Suit filed by representatives of a trade union - Does not automatically become a trade dispute - As to remove Federal High Court's Juris

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

diction (H2) Oloruntoba-Oju v. Dopamu (2008) 2 KLR (pt. 250) p. 1117; (2008) 7 NWLR (Pt. 1085) 1

COURTS - Actions - Preaction notice - Access to court and condition precedent - Definition - Constitutional right of access to the court - Does not preclude statutory regulations of how the right should be exercised (H3) Nigercare v. Adamwa State Water Board (2008) 3 KLR (pt. 251) p. 1297; (2008) 9 NWLR (Pt. 1093) 498

COURTS - Actions - Relief not claimed - Interest rate claimed - Where not proved - Court cannot grant another rate of interest on the prejudgment debt - As there was no claim of an alternative rate of interest (H8) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

COURTS - Actions - Relief not claimed - Power of court to grant - Limits - A court is bound to limit itself to the claim before it - It may only go outside the terms of such claim - In making incidental orders flowing naturally from the claim - (H5) Dumez Ltd v. Nwakhoba (2008) 12 KLR (pt. 260) p. 3683; (2008) 18 NWLR (Pt. 1119) 361

COURTS - Affidavits - Averments - Interest rate - Deposition that did not state source of belief or information - Is no evidence - Court of Appeal rightly reversed the decision (H6) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

COURTS - Affidavits - Depositions - Admissibility of - Evidence Act, s. 83 - A court is not to admit in evidence an affidavit proved to have been sworn - Before a person on whose behalf it is offered or before his legal practitioners - This includes by extension written deposition of witnesses (H11) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

COURTS - Affidavits - Failure to file counter affidavit - Findings of fact - Evidence in support - Relevant facts relied upon by lower courts here - In finding for the respondent - Are not supported by appellant's affidavit - And no counter affidavit was filed (H3) Nika Fishing

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

Co. Ltd v. Lavina Corporation (2008) 7 KLR (pt. 258) p. 2855; (2008) 16 NWLR (Pt. 1114) 509

COURTS - Affidavits - Validity - Evidence Act, ss. 86 & 87 - Effect of - Where some depositions in an affidavit comply with s. 86, while some violate s. 87 - The entire depositions are invalid - As a court is not competent to pick those that comply and ignore others (H16) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

COURTS - Alibi - Effect of successful plea - Where the defence of alibi succeeds - There is no need - For the court to consider other elements involved - In the offence charged (H7) State v. Azeez (2008) 4 KLR (pt. 253) p. 1679; (2008) 14 NWLR (Pt. 1108) 439

COURTS - Appeals - Addresses - Fair hearing - Is not denied - Where lower court refused to hear an address - On a notice that was rightly struck out - For being incompetent (H3) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

COURTS - Appeals - Concurrent findings - Attitude of appellate courts - Unless there is miscarriage of justice - Or violation of some principles of law or procedure - Which is not the case herein - Appellate court will not interfere therewith (H3) Omoregie v. State (2008) 12 KLR (pt. 260) p. 3731; (2008) 18 NWLR (Pt. 1119) 464

COURTS - Appeals - Concurrent findings of fact - Attitude of appellate courts - Appellate courts do not generally interfere with concurrent findings - Unless they are, inter alia, shown to be perverse - Which is the case with the findings challenged herein (H4) Lagga v. Sarhuna (2008) 6 KLR (pt. 257) p. 2739; (2008) 16 NWLR (Pt. 1114) 427

COURTS - Appeals - Discretion - Where exercised bona fide - Uninfluenced by irrelevant considerations - Not arbitrarily or illegally - But justice administered according to law - Appellate court will not interfere (H2) Ebe v. COP (2008) 1 KLR (pt. 246) p. 1; (2008) 4 NWLR (Pt. 1076) 189

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

COURTS - Appeals - Elections - Fresh evidence on appeal - Power of Court to receive - Basis under O. 1 r. 19(2) Court of Appeal Rules - Include that the evidence should be credible - Lower court was wrong in receiving fresh evidence of previous judgment - And in relying on it in this case (H4) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

COURTS - Appeals - Enlargement of time - Considerations - Once good reasons are shown - For failure to appeal within time - Court should grant the prayer - If there is prima facie good grounds of appeal - As right of appeal is constitutional - It should not be readily denied (H1) Ifekandu v. Uzoegwu (2008) 6 KLR (pt. 256) p. 2553; (2008) 15 NWLR (Pt. 1111) 508

COURTS - Appeals - Error of trial court - Complaint against it - Can be made before the Supreme Court - Where appellant felt that Court of Appeal did not correct the error - But rather justified it (H2) Otu v. ACB Inter. Bank Plc (2008) 1 KLR (pt. 246) p. 203; (2008) 3 NWLR (Pt. 1073) 179

COURTS - Appeals - Findings - By trial court - Interference by appellate court - Appellate court may only interfere with findings of fact by trial court - Where such findings are perverse - Or not supported by the facts relied upon - Which is not the case herein (H6) Dumez Ltd v. Nwakhoba (2008) 12 KLR (pt. 260) p. 3683; (2008) 18 NWLR (Pt. 1119) 361

COURTS - Appeals - Findings - Discretion - As findings cannot be made from mere pleadings - Without evidence in a contested matter - Lower courts were wrong - In not granting appellant's application for stay of proceedings (H4) Nika Fishing Co. Ltd v. Lavina Corporation (2008) 7 KLR (pt. 258) p. 2855; (2008) 16 NWLR (Pt. 1114) 509

COURTS - Appeals - Findings - Mortgage - Where declared ultra vires the power of attorney - Trial court ought not dismiss the other claims (H11) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p.

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

909; (2008) 7 NWLR (Pt. 1086) 372

COURTS - Appeals - Interference - Findings of fact - Will not be disturbed by appellate court - Save in certain circumstances - Including obvious error in appraisal of evidence (H4) Tsokwa Motors Ltd v. UBA Plc (2008) 1 KLR (pt. 247) p. 453; (2008) 2 NWLR (Pt. 1071) 347

COURTS - Appeals - Interlocutory appeal - Right to file - Being Constitutional - Court lacks jurisdiction to take it away - Based on preliminary objection (H3) Abubakar v. Yar'dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

COURTS - Appeals - Issues - Abatement - Where an issue subsequently becomes academic - By reason of resolution of other issues before it - A court will have no jurisdiction to hear and determine it (H4) Drexel Energy Ltd v. Trans Inter. Bank Ltd (2008) 12 KLR (pt. 261) p. 3803; (2008) 18 NWLR (Pt. 1119) 388

COURTS - Appeals - Issues - Badly couched - Attitude of court thereto - As it is unjust to hold that because a blunder has been committed - The party in blunder has lost the opportunity of having his case determined on the merits - Courts would re-frame such issues in the interest of justice (H1) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

COURTS - Appeals - Issues - Definition - Re-framing of issues by lower court - Is proper in this case - As it related the said issues to arguments before it (H6) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

COURTS - Appeals - Issues - Mistake - Where Court of Appeal finds that trial court relied on wrongful evidence - It rightfully considered whether remaining evidence - Justifies trial court's finding - Though it did so under a mistaken issue (H3) Dada v. Bankole (2008) 1 KLR (pt. 248) p. 543; (2008) 5 NWLR (Pt. 1079) 26

COURTS - Appeals - Issues - Propriety of - Duty of court - An inter

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

mediate appellate court - Is duty bound to consider all issues - Properly raised before it - In case the decision on the point - Is reversed on further appeal - Its decision on other points - May then become relevant (H8) Owners of MV "Arabella" v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

COURTS - Appeals - Issues - Reformulation of by court - Can be done - For purpose of accuracy - And proper determination of an appeal (H5) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

COURTS - Appeals - Issues - Re-framing by Court - Relationship with the grounds of appeal - Though appellant's issues could have been determined by Court of Appeal - Re-framing of the issues by that court - Will not be condemned - Since it can do so in law (H2) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008) 2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

COURTS - Appeals - Issues - Validity of - Issues for determination - Not raised from grounds of appeal - Are invalid - Any argument in respect thereof - Shall be discountenanced by the Court (H2) WAEC v. Adeyanju (2008) 4 KLR (pt. 253) p. 1905; (2008) 9 NWLR (Pt. 1092) 270

COURTS - Appeals - Leave - Fresh issue - Finding not appealed against is binding - Save where leave was obtained - To raise it as a fresh issue (H2) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

COURTS - Appeals - Leave - Ground of appeal - Where it is a ground of fact - Failure to obtain leave of court - Renders it incompetent and liable to be struck out (H1) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

COURTS - Appeals - Leave - Issues - Findings of lower court - Where not appealed against - Appellant cannot argue a contradictory issue -

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

Without leave of Supreme Court (H2) Ezenwa v. Oko (2008) 1 KLR (pt. 248) p. 589; (2008) 3 NWLR (Pt. 1075) 610

COURTS - Appeals - Leave - Issues - Fresh point - That was not canvassed before the Court of Appeal - Cannot be made an issue before the Supreme Court - Without obtaining leave of court (H9) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

COURTS - Appeals - Leave - Meaning & rationale - Where leave is required vide s. 222 of 1979 Constitution - Or in the rules of court - Failure to seek and obtain leave - Removes Court's jurisdiction to grant the incompetent motion (H3) Otu v. ACB Inter. Bank Plc (2008) 1 KLR (pt. 246) p. 203; (2008) 3 NWLR (Pt. 1073) 179

COURTS - Appeals - Leave - Notice of appeal - Amendment - Can be at any time with leave of court - And once filed within the extended period - The notice of appeal is valid (H2) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

COURTS - Appeals - Leave - Preliminary objection - To validity of appeal - Where not moved with court's leave before oral hearing of appeal - It is deemed waived and abandoned (H8) Agbareh v. Mimra (2008) 1 KLR (pt. 246) p. 67; (2008) 2 NWLR (Pt. 1071) 378

COURTS - Appeals - Motions - Place of first filing - Court of Appeal Rules - That provides for making some applications first at the High Court - Permits that they be filed first at Court of Appeal - In special circumstances as in this case (H1) Group Danone v. Voltic Ltd (2008) 3 KLR (pt. 251) p. 1211; (2008) 7 NWLR (Pt. 1087) 637

COURTS - Appeals - Motions - Relief granted by Court of Appeal - Though not strictly as prayed - Circumstances of this matter - Necessitated the order that was made (H3) Group Danone v. Voltic Ltd (2008) 3 KLR (pt. 251) p. 1211; (2008) 7 NWLR (Pt. 1087) 637

COURTS - Appeals - Murder - Findings of trial court - Where not

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

challenged vide grounds of appeal - They remain binding - An appellate court will not disturb them (H2) Idiok v. State (2008) 4 KLR (pt. 252) p. 1589; (2008) 13 NWLR (Pt. 1104) 225

COURTS - Appeals - Quantum of damages - Appellate courts will not generally reassess amount of damages on appeal - But will do so - Where trial judge proceeded on a wrong principle of law - In his assessment thereof (H7) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

COURTS - Appeals - Retrial - Propriety of the order - Is where trial court failed to evaluate evidence on vital issues - And appeal court cannot adequately embark on evaluation from the printed records (H3) Nnadozie v. Mbagwu (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 363

COURTS - APPEALS - Technicalities - Substantial justice - That guarantees fair jurisprudence - Is what courts follow - Mistake of trial Judge - That does not affect live issues - Will not secure success of an appeal (H1) Omoju v. FRN (2008) 2 KLR (pt. 250) p. 1145; (2008) 7 NWLR (Pt. 1085) 38

COURTS - Appearances - Legal impossibility - Implied by law not contract - Affords a party good excuse for nonperformance - It is impossible for a Commissioner of Police - To be physically present in court - For every case affecting his office (H4) Ebe v. COP (2008) 1 KLR (pt. 246) p. 1; (2008) 4 NWLR (Pt. 1076) 189

COURTS - Appellate court - Case file - Scrutinisation of - Jurisdiction - Issue of - Was raised and canvassed before trial court - It was not raised suo motu by lower court - As wrongfully alleged (H2) Tsokwa Motors Ltd v. UBA Plc (2008) 1 KLR (pt. 247) p. 453; (2008) 2 NWLR (Pt. 1071) 347

COURTS - Appellate court - Findings of fact - Power to make - Under Court of Appeal Act s. 16 - Though the Court may make findings of fact based on evidence on record - It is not at liberty to reconstruct a party's case (H3) Abubakar v. Joseph (2008) 6 KLR (pt. 256) p.

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

2449; (2008) 13 NWLR (Pt. 1104) 307

COURTS - Bail - Criteria - Court should follow in considering the application - Include inter alia, the nature of the charge - Likelihood of interfering with witnesses or evidence (H2) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

COURTS - Bail - Discretion - Granted the factual situation at the time appellants were arraigned - Refusal of bail by lower courts - Was a proper exercise of judicial discretion (H4) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

COURTS - Bail - Grant or refusal of the application - Discretion - Definition - Connotes acting according to the dictates of one's conscience - Action taken having regard to what is right and equitable (H1) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

COURTS - Bias - Court or Tribunal should maintain independent and unbiased position - Too many questions asked by a trial court - That do not affect live issues - Will not necessitate appellate Court's interference (H7) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

COURTS - Case file - Scrutinisation of - Jurisdiction - Issue of - Was raised and canvassed before trial court - It was not raised suo motu by lower court - As wrongfully alleged (H2) Tsokwa Motors Ltd v. UBA Plc (2008) 1 KLR (pt. 247) p. 453; (2008) 2 NWLR (Pt. 1071) 347

COURTS - Charges - Joined consideration of counts - Miscarriage of justice - Is not caused in this case - By trial court's joined consideration of two similar counts (H1) Adebayo v. Attorney-General of Ogun State (2008) 2 KLR (pt. 249) p. 721; (2008) 7 NWLR (Pt. 1085) 201

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

COURTS - Claims - Proper order to make - On a claim without merit - Established practice is that - Where full hearing is had on a case - And a claim or relief is found to lack merit - Proper order to make - Is an order for dismissal (H2) Mil. Gov. Ondo State v. Kolawole (2008) 5 KLR (pt. 254) p. 2081

COURTS - Companies - Findings - Born out from the records - That defendants failed to prove their assertion - That plaintiff and his brothers were directors/shareholders - At time of mortgage by a limited liability company - Will not be faulted by Supreme Court (H8) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

COURTS - Confessional statement - Probative value of - Free and voluntary confession is admissible - Trial Judge is to determine the truth of contents of the statement - At the end of hearing (H3) Omoju v. FRN (2008) 2 KLR (pt. 250) p. 1145; (2008) 7 NWLR (Pt. 1085) 38

COURTS - Contempt charge - Order in issue - Validity of - Where the order is being challenged - Contempt matter should wait till issue of validity is settled - This is an exception to the principle - Of not hearing a contemnor till he purges himself of the contempt (H2) Group Danone v. Voltic Ltd (2008) 3 KLR (pt. 251) p. 1211; (2008) 7 NWLR (Pt. 1087) 637

COURTS - Conviction - Murder - Proof beyond reasonable doubt - Must be achieved before accused can be convicted - Present case is riddled with doubt - Lower courts convicted - Without considering all prevailing factors (H3) Orji v. State (2008) 4 KLR (pt. 253) p. 1843; (2008) 10 NWLR (Pt. 1094) 31

COURTS - Court of Appeal - Practice & procedure - Practice directions of 2007 - Legality of - As Court of Appeal Act defines rules of court to be rules made or deemed to have been made under that Act - Practice directions qualify as such - Therefore they are legal (H4) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

COURTS - Court processes - Leave to file - Effect of grant - The granting of leave to file court processes by a court - Does not estop that court from subsequently ruling on the validity - Or merit of the processes in the same proceedings (H14) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

COURTS - Crime - Guilt - Indictment by a judicial commission - Is not cognizable under the law - Without trial before a court - It is not permissible to find a person guilty (H7) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

COURTS - Crime - Investigation and prosecution of - Economic and Financial Crime Commission - Duty of - Is to prosecute before court of law - And not send case file to Government (H8) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

COURTS - Criminal defences - Duty of court to consider - Court has a duty to consider all defences raised - By evidence on the record - Even those not specifically raised by the accused - But no defence was raised on the instant record (H3) Ada v. State (2008) 4 KLR (pt. 252) p. 1399; (2008) 13 NWLR (Pt. 1103) 149

COURTS - Criminal procedure - Alibi - Failure to investigate - Effect - Not every failure of police to investigate an alibi raised - Is fatal to the case of prosecution - Court rightly rejected plea in this case - In view of eye witness accounts (H2) Ochemaje v. State (2008) 6 KLR (pt. 256) p. 2605; (2008) 15 NWLR (Pt. 1109) 57

COURTS - Criminal trials - Judgments - Mistakes - Notwithstanding the mistaken reference to s. 218 of Penal Code instead of s. 218 Criminal Procedure Code - There was no miscarriage of justice occasioned - Court of Appeal was therefore right to uphold conviction (H1) Ezeja v. State (2008) 5 KLR (pt. 255) p. 2297; (2008) 10 NWLR (Pt. 1096) 513

COURTS - Criminal trials - No case submission - Meaning - It means that there is no evidence - On which even if court believes it could

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

convict - Issue of credibility of witnesses - Does not yet arise (H1) Ekwunugo v. FRN (2008) 7 KLR (pt. 258) p. 2843; (2008) 15 NWLR (Pt. 1111) 630

COURTS - Criminal trials - Prosecution of suspects - The prosecution has unfettered discretion - To decide who it will prosecute - Courts have no jurisdiction - To question the exercise of that discretion (H4) Akpa v. State (2008) 4 KLR (pt. 252) p. 1563; (2008) 14 NWLR (Pt. 1106) 72

COURTS - Damages - Discretion - Award of general damages by trial court - Will not be disturbed by appellate court - Save where the guiding principles are breached - They are not breached in this case (H5) Okwejiminor v. Gbakeji (2008) 1 KLR (pt. 248) p. 609; (2008) 5 NWLR (Pt. 1079) 172

COURTS - Damages - Double compensation - Where court has fully compensated a victim of an injury under one head - It is not proper to award damages for same injury - Under another head (H6) Tsokwa Motors Ltd v. UBA Plc (2008) 1 KLR (pt. 247) p. 453; (2008) 2 NWLR (Pt. 1071) 347

COURTS - Decisions of - Nature of - Whether final or Interlocutory - Decision is final - Where it has the effect of determining finally - The right of the parties in the claim before the court - On the merits thereof (H2) Owoh v. Asuk (2008) 5 KLR (pt. 254) p. 2105; (2008) 16 NWLR (Pt. 1112) 113

COURTS - Deduction - Appeals - Delay - Unto appealing after 7 years - Reasons given are untenable and contradictory - As defendant is not the one to determine his non liability - Lower court made a wrong deduction - From parts of the affidavit (H4) Ikenta Best Ltd v. A-G Rivers State (2008) 2 KLR (pt. 250) p. 1009; (2008) 6 NWLR (Pt. 1084) 612

COURTS - Discontinuance - Fair hearing - Court's discretion exercised in dismissing the suit - Is proper in this case - Issue of fair hearing does not arise (H3) Ekudano v. Keregbe (2008) 1 KLR (pt. 248) p.

INDEX OF SUBJECT MATTER ALL SC 2008 DECISIONS

579; (2008) 4 NWLR (Pt. 1077) 422

COURTS - Discontinuance - Stage of proceedings - Determines whether the action will be struck out - Or court should order the terms (H1) Ekudano v. Keregbe (2008) 1 KLR (pt. 248) p. 579; (2008) 4 NWLR (Pt. 1077) 422

COURTS - Discretion - Appeals - Interference - Discretion of lower Court - In granting extension of time to appeal - Will be disturbed for being founded on wrong principles (H6) Ikenta Best Ltd v. A-G Rivers State (2008) 2 KLR (pt. 250) p. 1009; (2008) 6 NWLR (Pt. 1084) 612

COURTS - Discretion - Appeals - Issues - Basis of - Question of the proper order to make if an appeal is allowed - Cannot properly form the basis of an issue in an appeal - It is a matter within discretion of the appellate court (H1) Onyia v. State (2008) 12 KLR (pt. 261) p. 3959; (2008) 18 NWLR (Pt. 1118) 142

COURTS - Discretion - Appeals - Retrial - Circumstances of present case justify retrial order - Discretion of Customary Court of Appeal in ordering retrial - Will not be interfered with - There being no good cause (H5) Nnadozie v. Mbagwu (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 363

COURTS - Discretion - Appeals - Retrial - Since the order of retrial is discretionary - The five guiding principles or any past decisions - Are not binding precedents (H2) Nnadozie v. Mbagwu (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 363

COURTS - Discretion - Appearance of parties - A judge has no discretion in his ruling on the law - But exercises discretion in penalties or remedies - No law compels any party to appear physically in court - In the circumstances of this case (H3) Ebe v. COP (2008) 1 KLR (pt. 246) p. 1; (2008) 4 NWLR (Pt. 1076) 189

COURTS - Discretion - Discontinuance - Leave of Court - Where discontinuance is sought after hearing has commenced - Trial Judge