index 2008

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. 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) 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

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 - 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

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 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 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 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 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

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 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

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. 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 - Scrutinization 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’ 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 Appeal (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 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 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) 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 - Co-accused - Discredited evidence on same facts - Cannot on appeal ground conviction of co-accused - 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

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 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

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

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 orbiter 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 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) 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 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

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) 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 - 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. 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 - Contrary 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 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

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 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) 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 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 (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

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

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 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 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

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 - Pre-action 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

CONSTITUTIONAL LAW - Actions - Justiciability - Elections - Pre-election 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 - 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 - 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 - Pre-election 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 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 pre-election 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 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 - 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 - Pre-action notice - Applicability of - Fact that plaintiff’s claim is founded on contract - Does not preclude the application of the requirement - For service of pre-action 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 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 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 - 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

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 co-accused - Effect on co-accused’s case - It is inadmissible against co-accused - 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 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 - Co-accused - Discredited evidence on same facts - Cannot on appeal ground conviction of co-accused - 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 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

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

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

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

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

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 - Pre-action 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

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

COURTS - Actions - Pre-action 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 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

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. 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 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. 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 - 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 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 - Scrutinization 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. 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 - Scrutinization 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

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

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 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. 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 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

COURTS - Discretion - Discontinuance - Notice of - Filed on or after hearing date was fixed - Makes leave of court necessary - And trial court may grant or refuse the application - On terms as the case may require (H2) Umeanadu v. A-G Anambra State (2008) 3 KLR (pt. 251) p. 1373; (2008) 9 NWLR (Pt. 1091) 175

COURTS - Discretion - Evidence - Affidavits - Joinder of parties - 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

COURTS - Discretion - Exercise of - To be proper - It must be honest and in the spirit of the applicable statute - Or else it will be set aside (H1) Ebe v. COP (2008) 1 KLR (pt. 246) p. 1; (2008) 4 NWLR (Pt. 1076) 189

COURTS - Discretion - 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

COURTS - Discretion - 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

COURTS - Discretion - Judicial officer - Is to arrive at a decision based on facts before him - And apply the applicable law - Judicial precedent rule need not be strictly applied - Where discretion is being exercised (H3) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

COURTS - Doubt - 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

COURTS - Duties - Actions - Justiciability - Elections - Pre-election 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

COURTS - Duty - 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

COURTS - Duty - Evidence - Defence - Resting case on prosecution case - Effect of - Where accused rests his case on that of the prosecution - Evidence of the prosecution is deemed admitted - And court is duty bound to act on it if credible (H1) Ada v. State (2008) 4 KLR (pt. 252) p. 1399; (2008) 13 NWLR (Pt. 1103) 149

COURTS - Duty - Evidence - Evaluation of - Witnesses - Testimony of interested parties - Court has a duty to approach with caution - Evaluation of evidence led by parties - Who may have their own interests to serve (H5) State v. Azeez (2008) 4 KLR (pt. 253) p. 1679; (2008) 14 NWLR (Pt. 1108) 439

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

COURTS - Duty - Self defence - Issue of - Court has a duty to consider defence of self defence - Only when the available evidence - Suggests possibility of the defence - Such was not the case herein (H4) Uwagboe v. State (2008) 4 KLR (pt. 252) p. 1655; (2008) 12 NWLR (Pt. 1102) 621

COURTS - Election Petitions - Pre-hearing session - Failure to apply for - Under Election Tribunal and Court Practice directions 2007 - Failure to apply for pre-hearing session - As in the instant case - Robs court of all jurisdiction - Except that of dismissing the petition (H1) Okereke v. Yar’adua (2008) 5 KLR (pt. 254) p. 2039; (2008) 12 NWLR (Pt. 1100) 95

COURTS - Elections - Jurisdiction - Pre-election 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

COURTS - Employment contract - 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

COURTS - Employment contracts - Types - Determinant factors that court 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

COURTS - Equity - Contracts - 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

COURTS - Equity - Interrogatories - Proof - Burden placed on plaintiff - Cannot be shifted to defendant vide crafty interrogatories - Court will stop such smartness - By invoking its equitable jurisdiction (H7) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

COURTS - Error - 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

COURTS - Error - Appeals - Reversal - Error of lower court - That did not occasion a miscarriage of justice - Cannot ground setting aside of the judgment (H2) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

COURTS - Error - 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

COURTS - Error - Pleadings - Amendment - Stage of the proceedings - Refusal of amendment in this case for being too late - Is erroneous - As amendment brought after close of evidence on both sides - Was allowed in Oguntimehin case (H2) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

COURTS - Estoppel - By judgment - Plea of - How made - Though estoppel by judgment - Has to be specifically pleaded - It is not required to be pleaded in any form - Therefore once it is pleaded - Court should consider both res judicata and issue estoppel (H1) Ikotun v. Oyekanmi (2008) 4 KLR (pt. 253) p. 1777; (2008) 10 NWLR (Pt. 1094) 100

COURTS - 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

COURTS - 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

COURTS - Evidence - Confession - By a co-accused - Effect on co-accused’s case - It is inadmissible against co-accused - 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

COURTS - 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

COURTS - Evidence - Conviction - Co-accused - Discredited evidence on same facts - Cannot on appeal ground conviction of co-accused - 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

COURTS - Evidence - 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

COURTS - Evidence - Evaluation - Involvement - It entails assessment of evidence & assigning value thereto - It involves a reasoned acceptance or rejection of the evidence adduced by the parties - This is lacking in the judgment of the trial court (H3) Lagga v. Sarhuna (2008) 6 KLR (pt. 257) p. 2739; (2008) 16 NWLR (Pt. 1114) 427

COURTS - 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

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

COURTS - Evidence - Evaluation of - Duty of court - Court has a duty - To accept and act on unchallenged/uncontradicted evidence - Of prosecution witness - As done by the trial court (H2) Ada v. State (2008) 4 KLR (pt. 252) p. 1399; (2008) 13 NWLR (Pt. 1103) 149

COURTS - Evidence - Evaluation of - Trial court has fundamental duty - To evaluate evidence placed before it - Appeal court will not interfere with findings thereon - Except special circumstances are shown (H5) Mil. Gov. Ondo State v. Kolawole (2008) 5 KLR (pt. 254) p. 2081

COURTS - Evidence - Evaluation of - Where name of accused - Was belatedly mentioned - Duty of court - In evaluating such belated identity evidence - Is to take the lateness into consideration - Or it would amount to non-direction - On material evidence (H2) Isah v. State (2008) 5 KLR (pt. 254) p. 2025; (2008) 18 NWLR (Pt. 1119) 285

COURTS - Evidence - Facts - Burden of proof - Is placed on a party who would otherwise fail - And on the person who wishes the court to believe - On the existence of that fact - Save where the fact is admitted (H2) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

COURTS - Evidence - Locus in quo visit - Principles in respect of - Are stated by the Supreme Court in Enigwe case - Appellant was not able to show - That non recording of proceedings at the locus in quo - Adversely affected his case (H4) Shekse v. Plankshak (2008) 7 KLR (pt. 258) p. 3045; (2008) 15 NWLR (Pt. 1109) 105

COURTS - Evidence - Proof - Contradictions - Resolution by court - It is a demonstration of proper evaluation of evidence before it - When court resolves apparent contradictions in testimony of witnesses - As done by the trial court herein (H3) Ochemaje v. State (2008) 6 KLR (pt. 256) p. 2605; (2008) 15 NWLR (Pt. 1109) 57

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

COURTS - Fair hearing - Application of the doctrine - Essentially requires that from the totality of proceedings - Court gave equal opportunity to parties - To ventilate their grievances - As was done in this case (H3) Pam v. Mohammed (2008) 5 KLR (pt. 255) p. 2363; (2008) 16 NWLR (Pt. 1112) 1

COURTS - Fair hearing - Breach - Applicability - Ruling by trial court handed down without hearing plaintiffs’ counsel - Was a breach of plaintiffs’ right to fair hearing - Court of Appeal ought to have pronounced thus (H6) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

COURTS - 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

COURTS - Finding - 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

COURTS - Findings - 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

COURTS - Findings - 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

COURTS - Findings - Chieftaincy - 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

COURTS - Findings - Res judicata - Sameness of subject matter - Correct findings of trial court confirmed by the Court of Appeal - That the land in dispute is same - Will not be disturbed (H6) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

COURTS - Functus officio - Applicability - A court cannot be functus officio by giving an anticipatory order - Which is conditional to the possible implementation of the order - As in this case the order admitting the documents subject to later objections (H10) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

COURTS - Functus officio - Meaning of - It means to become bereft of legal force, having fulfilled ones function and commission - So a judge who has decided a question brought before him becomes functus officio - And cannot review the decision (H9) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

COURTS - Hierarchy - Difference with judicial commission - 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

COURTS - 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 NWLR (Pt. 1114) 427

COURTS - Identity evidence - Evaluation - Duty of Court - In evaluation of identity evidence - Even when witness claims he recognized accused - Court must warn itself that mistakes are some times made in the recognition of close relatives (H2) Abdullahi v. State (2008) 5 KLR (pt. 255) p. 2187; (2008) 17 NWLR (Pt. 1115) 203

COURTS - Interference - Master & servant - Entitlements - Due to employee declared redundant - And one retired are almost same in this case - Court will not interfere with employer’s discretion in declaring appellant redundant - Without any justifiable cause (H4) Isheno v. Julius Berger Plc (2008) 2 KLR (pt. 250) p. 1059; (2008) 6 NWLR (Pt. 1084) 582

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

COURTS - Interpretative jurisdiction - Elections - Party primaries - Substitution of a candidate - On the ground that his name was sent “without enough information” - Does not comply with the mandatory provisions of s. 34 (1) & (2) Electoral Act 2006 (H6) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

COURTS - Interrogatories - Pleadings - Fishing and oppressive interrogatories - Party who has categorically denied a fact vide pleadings - Should not be interrogated thereupon - And court will not allow mala fide interrogatories (H6) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

COURTS - Interrogatories - Questions asked - Relevance of - Where found relevant by the Supreme Court - Are ordered to be answered (H8) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

COURTS - 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

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

COURTS - Issues - Suo motu raising of - The principle - Cannot preclude a Judge from applying principles - Not referred to by counsel - Or from having recourse to any relevant law (H5) Nigercare v. Adamwa State Water Board (2008) 3 KLR (pt. 251) p. 1297; (2008) 9 NWLR (Pt. 1093) 498

COURTS - Judgment - 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

COURTS - Judgments - Basis - Public opinion - Place of - Courts of law do not give judgments according to public opinions - But according to evidence and law - However true may appear the public opinion - It needs to be proved by evidence to influence the court (H28) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

COURTS - Judgments - Effective date of - Payment of money - Sheriffs and Civil Process Act s. 20(1) - Judgment of court to pay money - Takes effect from the day it is given - Unless it is otherwise ordered by the court (H2) Olatunji v. Owena Bank Plc (2008) 4 KLR (pt. 253) p. 1829; (2008) 8 NWLR (Pt. 1090) 668

COURTS - 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

COURTS - Judgments - Jurisdiction - When a court is said to be competent - Includes when it is properly constituted - Previous decision binds present appellant - Who is deemed to be a privy (H7) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

COURTS - 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

COURTS - Judicial precedents - Stare decisis - Call for departure - Attitude of courts - As departure from a decision of court is a major judicial exercise - Which if done often will ruin the stable rules of judicial precedent - Courts will not do so just for the asking (H8) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

COURTS - Judicial review - 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

COURTS - 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

COURTS - 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

COURTS - Jurisdiction - Declaratory reliefs - 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

COURTS - Jurisdiction - Elections - Pre-election disputes - 1999 Constitution, s. 251 (1) (r) - The Federal High Court has exclusive jurisdiction to hear and determine pre-election disputes - Including disputes on submission of names of and substitution of names of nominated candidates (H2) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

COURTS - Jurisdiction - Elections - Ss. 178 & 285 (2) of 1999 Constitution - Cannot be construed to destroy court’s jurisdiction in pre-election 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

COURTS - 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

COURTS - Jurisdiction - Invocation of - 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 Farms Ltd v. NAC Bank Ltd (2008) 4 KLR (pt. 253) p. 1803; (2008) 11 NWLR (Pt. 1098) 412

COURTS - 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

COURTS - 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

COURTS - 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

COURTS - Jurisdiction - Limits - Duty of courts - Is to expound the limits of their jurisdiction not to expand it - As jurisdiction is a matter of hard and rigid law (H3) A-G Federation v. Abubakar (2008) 12 KLR (pt. 261) p. 3983; (2008) 16 NWLR (Pt. 1112) 135

COURTS - Jurisdiction - Ouster - Failed Banks & Financial Malpractices in Banks Decree, s. 1 (5) - The provision which takes away jurisdiction of courts over matters - In respect of which they had jurisdiction - Is an ouster clause (H1) A-G Federation v. Abubakar (2008) 12 KLR (pt. 261) p. 3983; (2008) 16 NWLR (Pt. 1112) 135

COURTS - Jurisdiction - Proceedings without - Effect of - No matter how well conducted - Proceedings by a court - That lacks jurisdiction - Over the relevant subject matter - Are a nullity (H3) Okereke v. Yar’adua (2008) 5 KLR (pt. 254) p. 2039; (2008) 12 NWLR (Pt. 1100) 95

COURTS - Jurisdiction - Rules of court - Noncompliance with - Proper sanction - Where noncompliance went to the jurisdiction of Court - Proceedings therein - Would be null and void - It is immaterial that defendant participated therein (H3) Owners of MV “Arabella” v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

COURTS - Jurisdiction - Sources of - Ordinarily the Constitution and the statutes are the sources - But in a military regime it is the Decrees and Edicts - As a Decree was capable of suspending, modifying or abrogating the Constitution (H2) A-G Federation v. Abubakar (2008) 12 KLR (pt. 261) p. 3983; (2008) 16 NWLR (Pt. 1112) 135

COURTS - Justice - Technicalities - Let justice be done even if the heavens fall - Court can do what has never be done in any case - As adjudicatory power of the court - Will no longer be hindered by adherence to technicalities - (H13) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

COURTS - Land matters - Issues - Boundary dispute - Where raised by appellant in his statement of claim - He cannot complain that trial court raised it suo motu (H2) Shekse v. Plankshak (2008) 7 KLR (pt. 258) p. 3045; (2008) 15 NWLR (Pt. 1109) 105

COURTS - Leave - Notice of discontinuance - Where filed after action has been fixed for hearing - Trial court rightly ignored it - As leave was not sought and obtained - The action remains pending (H3) Umeanadu v. A-G Anambra State (2008) 3 KLR (pt. 251) p. 1373; (2008) 9 NWLR (Pt. 1091) 175

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

COURTS - Mistake - Appeals - 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

COURTS - Monetary jurisdiction - Whether exceeded - There is uncontroverted evidence that annual rental value of property in issue is N15,000 - Trial magistrate did not exceed his powers therefore - By assuming jurisdiction (H1) Joyland v. Wemabod Estates Ltd (2008) 6 KLR (pt. 257) p. 2727; (2008) 17 NWLR (Pt. 1117) 649

COURTS - 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

COURTS - Motions - Substance of - Is what court must pursue - Appellants’ quarrel with lower court’s use of phrase - That properly brings out substance of the motion - Is too technical (H16) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

COURTS - 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

COURTS - 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

COURTS - 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

COURTS - Orders - Nature of - Chieftaincy matters - Striking out order - Such order does not finally determine - Respective rights of parties in an action - These rights remain pending and can be subsequently revived (H3) Owoh v. Asuk (2008) 5 KLR (pt. 254) p. 2105; (2008) 16 NWLR (Pt. 1112) 113

COURTS - Orders of court - Disobedience to - Liability for - A party cannot be held - Liable for disobedience to court order - If the disobeying conduct - Comes before the order of court - As there is nothing to disobey at the material time (H4) Akinpelu v. Adegbore (2008) 4 KLR (pt. 252) p. 1533; (2008) 10 NWLR (Pt. 1096) 531

COURTS - Parties - Representative actions - Plaintiffs - At cross purposes - Power of court in such suits - High Court Rules of Eastern Nigeria O. VI, rr. 1 & 3 - Empowers Court to resolve dispute - By ordering joinder of parties - According to perceived interests (H2) Ejezie v. Nwabueze (2008) 4 KLR (pt. 253) p. 1733; (2008) 12 NWLR (Pt. 1101) 446

COURTS - 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

COURTS - 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

COURTS - Pleadings - Amendment - Court’s discretion - Principles to consider as to whether to grant the application - Include whether applicant is acting malafide (H1) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

COURTS - Pleadings - Amendment - Necessity - Trial court’s finding that the desired amendment - Constitutes the main defence to the case - Was a reason to grant it - So as to prevent injustice to defendants (H3) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

COURTS - 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

COURTS - Pleadings - Averments - Admissions - How determined - In considering whether an averment is admitted - Court must consider the totality of the relevant paragraph - Bearing in mind that admissions must be unequivocal, not speculative (H27) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

COURTS - Pleadings - Averments - Clarity - Necessity of - Pleadings must not be evasive - It must be cogent and pungent - Court should not allow evidence in respect of facts not pleaded - Or those not clearly pleaded (H2) Abubakar v. Waziri (2008) 6 KLR (pt. 257) p. 2667; (2008) 14 NWLR (Pt. 1108) 507

COURTS - Pleadings - Parties & court - Are bound by the pleadings - Facts not pleaded ground to no issue - Brilliant argument of counsel - Is no substitute for pleadings and evidence (H4) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

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

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

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

COURTS - 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

COURTS - 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

COURTS - Record of proceedings - Binding effect of - Parties and courts - Are bound by the record of proceedings - Which in this case has no evidence - Of motion being moved or granted (H1) Ogli Oko Farms Ltd v. NAC Bank Ltd (2008) 4 KLR (pt. 253) p. 1803; (2008) 11 NWLR (Pt. 1098) 412

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

COURTS - Records - Discretion - Reliance on facts not contained in the records - In refusing amendment of pleadings - Is not judicial and judicious exercise of discretion (H4) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

COURTS - 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

COURTS - 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

COURTS - Rules of court - Noncompliance - Mere irregularity - Can be waived in the interest of justice - Object of court - Is to decide rights of parties - And not to punish them for mistakes - They make in litigation process (H12) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

COURTS - Rules of 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

COURTS - Satisfaction - 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

COURTS - 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

COURTS - 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

COURTS - Supreme Court - Powers of - Supreme Court Act, s. 22 - Applicability - The section is applicable where the lower court failed - To decide an issue which it had power to decide - And in respect of which there was evidence before it (H12) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

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

COURTS - Title - Presumption - Acts of ownership over adjoining undisputed land - Were rightly relied on by trial court - In holding that plaintiff is also owner of the portion in dispute - Vide s. 46 of Evidence Act (H8) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

COURTS - 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

COURTS - 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

CREATION OF STATES - 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

CRIME - Civil proceedings - Standard of proof - Allegation of crime - Where directly in issue as in the instant case - Must be specifically pleaded and proved beyond reasonable doubt - Respondents did not do so (H3) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

CRIME - 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

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

CRIMINAL LAW - 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

CRIMINAL LAW - 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

CRIMINAL LAW - Conspiracy - Penal Code ss. 96 & 97 - What prosecution must prove - Include agreement to commit illegal act - Which can be inferred from circumstantial evidence - Ignorance of the law is no excuse (H1) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

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

CRIMINAL LAW - Culpable homicide punishable with death - Penal Code s. 221(a) - Elements prosecution is to establish beyond reasonable doubt - Include acting with intention of causing death (H4) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

CRIMINAL LAW - Defences - 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

CRIMINAL LAW - 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

CRIMINAL LAW - Defences - Justification - Does not avail appellant - Conditions for its application - Include good faith - Believing the act is justified by law - Ignorance of the law - Does not procure justification (H7) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

CRIMINAL LAW - Defences - Murder - Penal Code, s. 221 - Provocation - Applicability of - Defence of provocation - Is inapplicable - For even if appellant was provoked by what he heard - Much time did elapse - For him to have regained control (H2) Annabi v. State (2008) 5 KLR (pt. 254) p. 1957; (2008) 13 NWLR (Pt. 1103) 179

CRIMINAL LAW - Defences - Murder - Penal Code, s. 45 - Justification - Applicability of - Defence of justification is inapplicable - For assuming what accused heard was true - It would not entitle him to kill the deceased (H1) Annabi v. State (2008) 5 KLR (pt. 254) p. 1957; (2008) 13 NWLR (Pt. 1103) 179

CRIMINAL LAW - Defences - Provocation - Ingredients of - Provocative act must be seen - To have deprived accused of self control - Force used in response must be proportionate and instantaneous - Without time for passion to cool (H2) Uwagboe v. State (2008) 4 KLR (pt. 252) p. 1655; (2008) 12 NWLR (Pt. 1102) 621

CRIMINAL LAW - Defences - Provocation - To avail accused he must show inter alia - Loss of self control, actual and reasonable - And proportionate degree of retaliation (H8) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

CRIMINAL LAW - Defences - Provocation - Where insulting words uttered are not known - And they were not uttered to accused - Defence of provocation cannot be considered (H9) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

CRIMINAL LAW - Murder - Conviction - Absence of corpus delicti - Accused can be convicted for murder - If there is strong unequivocal evidence that the victim is dead - Notwithstanding the absence of corpus delicti (H1) Ochemaje v. State (2008) 6 KLR (pt. 256) p. 2605; (2008) 15 NWLR (Pt. 1109) 57

CRIMINAL LAW - Murder - Defences - Self defence - Application of - All an accused is required to do is raise the defence - Prosecution then has the burden of showing that it does not apply by the evidence called - As it did in this case (H1) Omoregie v. State (2008) 12 KLR (pt. 260) p. 3731; (2008) 18 NWLR (Pt. 1119) 464

CRIMINAL LAW - Offences - Culpable homicide punishable with death - Ingredients - Prosecution must prove human death caused by intentional or reckless act of accused - Cause and intention being inferred from surrounding circumstances - As in this case (H2) Michael v. State (2008) 6 KLR (pt. 256) p. 2563; (2008) 13 NWLR (Pt. 1104) 361

CRIMINAL LAW - Offences - 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

CRIMINAL LAW - Self defence - Ingredients of - Act must be in response to unprovoked assault - Causing imminent fear of danger - Force used must be reasonable and immediate (H3) Uwagboe v. State (2008) 4 KLR (pt. 252) p. 1655; (2008) 12 NWLR (Pt. 1102) 621

CRIMINAL LAW - Self defence - Issue of - Court has a duty to consider defence of self defence - Only when the available evidence - Suggests possibility of the defence - Such was not the case herein (H4) Uwagboe v. State (2008) 4 KLR (pt. 252) p. 1655; (2008) 12 NWLR (Pt. 1102) 621

CRIMINAL LAW - Sodomy - Definition - Offence against the order of nature - Carnal knowledge and penetration - Have different meanings - Under sodomy, s. 81 Armed Forces Decree 1993 (H3) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

CRIMINAL PROCEDURE - Accidents - 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

CRIMINAL PROCEDURE - 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

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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Appeals - 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

CRIMINAL PROCEDURE - Appeals - Statutes - Observance - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Confession - By a co-accused - Effect on co-accused’s case - It is inadmissible against co-accused - 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

CRIMINAL PROCEDURE - Confessional statement - Definition - Voluntariness issue - Does not arise - Where the statement under consideration is not confessional (H6) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Confessional statement - That is voluntary, direct and positive - Was rightly relied upon by trial court - In convicting appellant for murder (H5) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Conspiracy - Penal Code ss. 96 & 97 - What prosecution must prove - Include agreement to commit illegal act - Which can be inferred from circumstantial evidence - Ignorance of the law is no excuse (H1) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Conviction - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Evidence - Conviction - Co-accused - Discredited evidence on same facts - Cannot on appeal ground conviction of co-accused - 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

CRIMINAL PROCEDURE - Evidence - Defence - Resting case on prosecution case - Effect of - Where accused rests his case on that of the prosecution - Evidence of the prosecution is deemed admitted - And court is duty bound to act on it if credible (H1) Ada v. State (2008) 4 KLR (pt. 252) p. 1399; (2008) 13 NWLR (Pt. 1103) 149

CRIMINAL PROCEDURE - Evidence - Evaluation of - Duty of court - Court has a duty - To accept and act on unchallenged/uncontradicted evidence - Of prosecution witness - As done by the trial court (H2) Ada v. State (2008) 4 KLR (pt. 252) p. 1399; (2008) 13 NWLR (Pt. 1103) 149

CRIMINAL PROCEDURE - Evidence - Evaluation of - Where name of accused - Was belatedly mentioned - Duty of court - In evaluating such belated identity evidence - Is to take the lateness into consideration - Or it would amount to non-direction - On material evidence (H2) Isah v. State (2008) 5 KLR (pt. 254) p. 2025; (2008) 18 NWLR (Pt. 1119) 285

CRIMINAL PROCEDURE - Evidence - Exclusion of - 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

CRIMINAL PROCEDURE - Evidence - Offences - Proof - Having proved the ingredients of the offences for which appellant was charged - Prosecution has proved the offences beyond reasonable doubt (H4) Amadi v. FRN (2008) 12 KLR (pt. 259) p. 3401; (2008) 18 NWLR (Pt. 1119) 259

CRIMINAL PROCEDURE - Evidence - Proof - Confession of accused - Sufficiency of - Positive and properly proved confession - Of an accused - can sustain his conviction - without more (H2) Akpa v. State (2008) 4 KLR (pt. 252) p. 1563; (2008) 14 NWLR (Pt. 1106) 72

CRIMINAL PROCEDURE - Evidence - Proof - Contradictions - Resolution by court - It is a demonstration of proper evaluation of evidence before it - When court resolves apparent contradictions in testimony of witnesses - As done by the trial court herein (H3) Ochemaje v. State (2008) 6 KLR (pt. 256) p. 2605; (2008) 15 NWLR (Pt. 1109) 57

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Governor’s office - Eligibility - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Identity evidence - Evaluation - Duty of Court - In evaluation of identity evidence - Even when witness claims he recognized accused - Court must warn itself that mistakes are some times made in the recognition of close relatives (H2) Abdullahi v. State (2008) 5 KLR (pt. 255) p. 2187; (2008) 17 NWLR (Pt. 1115) 203

CRIMINAL PROCEDURE - Identity of accused - Proof - Where witness failed to mention the name of an accused - Whom he knew before commission of the crime - To the police at earliest opportunity - It detracts from the credibility of his evidence at trial (H1) Abdullahi v. State (2008) 5 KLR (pt. 255) p. 2187; (2008) 17 NWLR (Pt. 1115) 203

CRIMINAL PROCEDURE - Identity of accused - Proof by recognition - Failure to promptly reveal identity - Effect of - Unless satisfactory explanation is given - Delay in mentioning names of accused - Recognized in the commission of offence - Makes identity evidence suspect (H1) Isah v. State (2008) 5 KLR (pt. 254) p. 2025; (2008) 18 NWLR (Pt. 1119) 285

CRIMINAL PROCEDURE - Interpreter - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Justice - Miscarriage of - What amounts to it - Does not necessarily involve a finding - That a different result would have been reached - It is enough that justice according to law - Is not done (H2) Adebayo v. Attorney-General of Ogun State (2008) 2 KLR (pt. 249) p. 721; (2008) 7 NWLR (Pt. 1085) 201

CRIMINAL PROCEDURE - Liability for crime - Joint criminal act - Where there is a joint criminal act - Prosecution has to either prove - Criminal intention on the part of each accused person - Or prove common intention - To warrant liability of all accused persons (H6) State v. Azeez (2008) 4 KLR (pt. 253) p. 1679; (2008) 14 NWLR (Pt. 1108) 439

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Murder - Proof - Facts prosecution must prove beyond reasonable doubt - Include that it was accused person’s omission - That caused the death of deceased (H1) Idiok v. State (2008) 4 KLR (pt. 252) p. 1589; (2008) 13 NWLR (Pt. 1104) 225

CRIMINAL PROCEDURE - Murder - Proof - To secure conviction - Prosecution must prove three coexisting ingredients - Which include death of the deceased (H1) Yaki v. State (2008) 7 KLR (pt. 258) p. 3077; (2008) 15 NWLR (Pt. 1109) 173

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Murder - Provocation - Ingredients of - To succeed in a plea of provocation - Accused must not only show actual loss of control - But also show that any reasonable man - Of his station in life - Would have lost control (H3) Annabi v. State (2008) 5 KLR (pt. 254) p. 1957; (2008) 13 NWLR (Pt. 1103) 179

CRIMINAL PROCEDURE - Murder - Self defence - Injury from deceased - Accused person who caused death in self defence - Should show his injury as justification to his act - At earliest opportunity - Which appellant failed to do (H2) Omoregie v. State (2008) 12 KLR (pt. 260) p. 3731; (2008) 18 NWLR (Pt. 1119) 464

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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Proof - Plea of guilty - Makes the burden of proof on prosecution light - As guilty plea brings the offence - And mens rea or actus rea into proximity (H5) Omoju v. FRN (2008) 2 KLR (pt. 250) p. 1145; (2008) 7 NWLR (Pt. 1085) 38

CRIMINAL PROCEDURE - Proof - Standard of - Burden of proving alleged crime beyond reasonable doubt - Rests always on the prosecution - The same has not been discharged - From the evidence on record (H3) State v. Azeez (2008) 4 KLR (pt. 253) p. 1679; (2008) 14 NWLR (Pt. 1108) 439

CRIMINAL PROCEDURE - Prosecution - 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

CRIMINAL PROCEDURE - Prosecution’s case - Contradictions - How determined - Minor discrepancy in evidence as in this case - Is not tantamount to contradictions (H6) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Torts - Unlawful arrest - Instigation of police - Liability of complainant - There is a distinction between mere report of an incident to police - And instigating the police to arrest - As the appellant was found to have done in this case (H5) Shell Petroleum v. Olarewaju (2008) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - 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

CRIMINAL PROCEDURE - Witnesses - Duty to call - Prosecution is not under duty - To call all conceivable witnesses - But it is duty bound - To call all material witnesses (H4) State v. Azeez (2008) 4 KLR (pt. 253) p. 1679; (2008) 14 NWLR (Pt. 1108) 439

CRIMINAL PROCEDURE - 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

CROSS EXAMINATION - Pleadings - Evidence elicited under cross examination - Based on facts not pleaded - Is inadmissible and goes to no issue (H2) Okwejiminor v. Gbakeji (2008) 1 KLR (pt. 248) p. 609; (2008) 5 NWLR (Pt. 1079) 172

CROSS EXAMINATION - Support of opponent’s case - Chieftaincy - 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

CULPABLE HOMICIDE - Defences - Provocation - To avail accused he must show inter alia - Loss of self control, actual and reasonable - And proportionate degree of retaliation (H8)

CUSTOMARY LAW - Appeals - Grounds - Omnibus ground - Is not 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

CUSTOMARY LAW - Chieftaincy - 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

CUSTOMARY LAW - Chieftaincy - 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

CUSTOMARY LAW - Customary tenant - Possessory rights of - He is entitled to possession of the land in perpetuity subject to his good behaviour - Even upon misbehaviour he can only be dispossessed by an action in forfeiture (H3) Salami v. Lawal (2008) 7 KLR (pt. 258) p. 3013; (2008) 14 NWLR (Pt. 1108) 546

CUSTOMARY LAW - Evidence - Documents - Applicability - Documentary evidence such as Exhibit A herein - Is unknown to native law & custom - As such it has no legal value as evidence in this proceedings (H3) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

CUSTOMARY LAW - Evidence - Proof - 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

CUSTOMARY LAW - Inheritance - Intestate - 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

CUSTOMARY LAW - 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

CUSTOMARY LAW - 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

CUSTOMARY LAW - Proof - Requirements - In relation to adjudication custom is question of fact - Which must be pleaded & proved - But plaintiffs failed to plead the dominion of Akarigbo over the land - Which custom they rely on (H1) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

CUSTOMARY LAW - 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

DAMAGES - Contracts - 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

DAMAGES - Courts - 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

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

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

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

DAMAGES - 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

DAMAGES - Pleadings - General damages - Nature of - They are items of loss which plaintiff need not specify in pleadings - In order to recover compensation - They are presumed by law in favour of plaintiff (H1) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

DAMAGES - Pleadings - Special damages - Nature of - They consist in items of loss - Which plaintiff must specify in pleadings - Before he is allowed to prove them at trial - They result from particular circumstances of the case (H2) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

DAMAGES - Quantum - Nonpecuniary loss - Principles of - It is assessed with a view to a fair and reasonable compensation - Depending on the nature of injury and circumstance of the plaintiff (H7) Iyere v. Bendel Feed & Flour Mill Ltd (2008) 12 KLR (pt. 261) p. 3837; (2008) 18 NWLR (Pt. 1119) 300

DAMAGES - Quantum of - 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

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

DAMAGES - 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) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

DAMAGES - Torts - False imprisonment - Malicious prosecution - Defamation - Do not avail appellant - As a result of his prosecution by the police - For theft of respondent’s lorries (H2) Isheno v. Julius Berger Plc (2008) 2 KLR (pt. 250) p. 1059; (2008) 6 NWLR (Pt. 1084) 582

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

DEBTS - Sale of goods - Interest - Significance - Definition and types of interest - It is capable of bearing variegation meanings and concepts - It connotes compensation for the use of borrowed money (H1) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

DEBTS - Summary proceedings - 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

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

DISCONTINUANCE - Leave - Notice of discontinuance - Where filed after action has been fixed for hearing - Trial court rightly ignored it - As leave was not sought and obtained - The action remains pending (H3) Umeanadu v. A-G Anambra State (2008) 3 KLR (pt. 251) p. 1373; (2008) 9 NWLR (Pt. 1091) 175

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

DISCONTINUANCE - Notice of - Filed on or after hearing date was fixed - Makes leave of court necessary - And trial court may grant or refuse the application - On terms as the case may require (H2) Umeanadu v. A-G Anambra State (2008) 3 KLR (pt. 251) p. 1373; (2008) 9 NWLR (Pt. 1091) 175

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

DOCUMENTS - Admissibility - 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

DOCUMENTS - Admissibility - Functus officio - Applicability - A court cannot be functus officio by giving an anticipatory order - Which is conditional to the possible implementation of the order - As in this case the order admitting the documents subject to later objections (H10) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

DOCUMENTS - Admissibility - Objections thereto - When to raise - It ought to be raised timeously - And when the party raising the objection has not taken any fresh step in the proceedings - As was rightly done by the respondents herein (H12) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

DOCUMENTS - Admissibility - 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

DOCUMENTS - Admissibility - When to rule thereon - A court need not wait for final address of parties to rule an admissibility of a document - It may rule thereon at the point it is sought to be tendered - Though it always has power to reconsider its ruling when writing judgment (H15) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

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 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

DOCUMENTS - 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

DOCUMENTS - 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

DOCUMENTS - Courts - Similar documents - Ruling on admissibility - Scope of - Court’s ruling on admissibility of document - Is a specific adjudicatory act tied to the particular document - It does not automatically cover subsequent similar documents sought to be tendered in the proceedings (H21) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

DOCUMENTS - Deed of conveyance - Validity - 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

DOCUMENTS - Exhibits - Put in by parties’ Consent - 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

DOCUMENTS - Exhibits - Reliability - On the facts of the instant case - It is obvious that exhibits 1 and 2 of the 3rd respondent have lied ex facie - As such they are most unreliable documents liable to be discountenanced as an afterthought (H10) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

DOCUMENTS - Land matters - Illiterates Protection Law s. 3 - Nature of compliance - Strict compliance with the provisions is required - Substantial compliance is insufficient - Especially as between the illiterate and the writer of the document (H2) Ezeigwe v. Awudu (2008) 5 KLR (pt. 255) p. 2277; (2008) 11 NWLR (Pt. 1097) 158

DOCUMENTS - Native Law & Custom - Applicability - Documentary evidence such as Exhibit A herein - Is unknown to native law & custom - As such it has no legal value as evidence in this proceedings (H3) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

DOCUMENTS - Power of Attorney relating to land - Unregistered & not pleaded - Evidential value - It must be registered in order to be pleaded or adduced in evidence - Under land Registration Laws of Niger State s. 15 - As neither was done in this case - Court of Appeal was wrong in giving judgment to plaintiffs (H3) Abubakar v. Waziri (2008) 6 KLR (pt. 257) p. 2667; (2008) 14 NWLR (Pt. 1108) 507

DOCUMENTS - Proof - Contracts - Oral evidence is not admissible - 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

DOCUMENTS - Tendered as exhibits - By witness other than the maker - Power to comment thereon - Though a document may be tendered and admitted through a witness other than the maker - Such witness lacks the competence to comment thereon unless he is an expert (H17) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

DOCUMENTS - Title documents - Rebuttable presumption - Certificate of occupancy - Grant thereof to a person - Entitles him to hold the land to the exclusion of any other person (H2) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

DRUG LAW OFFENCES - 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

DRUG LAW OFFENCES - Conviction - Appellate court - Powers - 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

ELECTION PETITIONS - Documents - Admissibility - Objections thereto - When to raise - It ought to be raised timeously - And when the party raising the objection has not taken any fresh step in the proceedings - As was rightly done by the respondents herein (H12) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

ELECTION PETITIONS - Evidence - Burden of proof - Where petitioner has alleged noncompliance as in this case - The onus lies on him not only to prove noncompliance - But also to prove that it could have affected the result of the election (H7) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

ELECTION PETITIONS - Evidence - Proof - Nature of - Allegation that result sheets were not delivered or non-counting of votes - Cannot be proved by mere documentary evidence - It also requires direct evidence of those who observed the noncompliance (H26) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

ELECTION PETITIONS - Evidence - Rebuttable presumption - Effect - Burden of proof - Where there is a rebuttable presumption of a fact - As in this case, the authenticity of election results declared by a returning officer - The burden is on the person who denies the authenticity to rebut the presumption (H6) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

ELECTION PETITIONS - Motions - 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

ELECTION PETITIONS - Motions - Practice Directions 2007 - Purport of paragraph 6 - Moving of motions are prohibited thereby - Except at pre-hearing sessions - Or where extreme circumstances are shown - Which is not the case herein (H2) Okereke v. Yar’adua (2008) 5 KLR (pt. 254) p. 2039; (2008) 12 NWLR (Pt. 1100) 95

ELECTION PETITIONS - Procedure - Pre-hearing session - Failure to apply for - Under Election Tribunal and Court Practice directions 2007 - Failure to apply for pre-hearing session - As in the instant case - Robs court of all jurisdiction - Except that of dismissing the petition (H1) Okereke v. Yar’adua (2008) 5 KLR (pt. 254) p. 2039; (2008) 12 NWLR (Pt. 1100) 95

ELECTION PETITIONS - Substitution of candidates - Validity - Purported substitution of 1st respondent is invalid - As Exhibit NAS 4 did not give any reason - Contrary to requirements of s. 34 (1) & (2) of the Electoral Act 2006 (H1) Pam v. Mohammed (2008) 5 KLR (pt. 255) p. 2363; (2008) 16 NWLR (Pt. 1112) 1

ELECTION PETITIONS - Technicalities - Justice - 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

ELECTION PETITIONS - Tribunals - Jurisdiction - Scope of - Election tribunal which is a special tribunal - Created by the Constitution to handle post-election disputes - Has no jurisdiction over pre-election disputes - Such as substitution of candidates (H8) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

ELECTION PETITIONS - Unlawful exclusion - Proof of - A petitioner alleging unlawful exclusion - Must plead and prove facts showing inter alia - That his name was not included in the list of candidates - The instant petitioner failed to do so (H3) Abubakar v. Yar’adua (2008) 12 KLR (pt. 259) p. 3161; (2008) 4 NWLR (Pt. 1078) 465

ELECTION PETITIONS - Validity of elections - Grounds of challenge - Electoral Act 2006, s. 145 (1) - Ground of unlawful exclusion is mutually exclusive - With the rest of the grounds provided in the section - As it presupposes non-participation in the elections while the rest presuppose actual participation (H1) Abubakar v. Yar’adua (2008) 12 KLR (pt. 259) p. 3161; (2008) 4 NWLR (Pt. 1078) 465

ELECTION PETITIONS - Validity of elections - Grounds of challenge - Reliance on mutually exclusive grounds - Effect - It amounts to a petitioner approbating and reprobating - And has the effect of destroying his alternative case by his alternative evidence (H4) Abubakar v. Yar’adua (2008) 12 KLR (pt. 259) p. 3161; (2008) 4 NWLR (Pt. 1078) 465

ELECTIONS - Actions - Justiciability - Pre-election 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

ELECTIONS - Appeals - 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

ELECTIONS - Candidates - Nominations - Power of political parties - Whatever method adopted - Nomination of candidates to be sponsored by a political party - Remains within the absolute jurisdiction of respective parties - To the exclusion of courts (H4) Ehinlanwo v. Oke (2008) 6 KLR (pt. 256) p. 2493; (2008) 16 NWLR (Pt. 1113) 357

ELECTIONS - Candidates - Sponsorship by political parties - Implication of - In the true sense of the letter and spirit of s. 221 of 1999 Constitution - It is the political parties that sponsor candidates that are the real winners or losers in an election - Not the candidate (H13) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

ELECTIONS - Candidates - Substitution - Political party’s primary election results - Is binding on the parties vide s. 85 Electoral Act 2006 - Reason given for substituting appellant - Is untrue and unverifiable (H1) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

ELECTIONS - Candidates - Substitution of - By a political party - Stating error as the reason - Did not meet requirement of s. 34 (2) of Electoral Act 2006 - That provided for cogent and verifiable reason - As held in Ugwu v. Araraume case (H3) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

ELECTIONS - Candidates - Substitution of - Validity - It is settled that once the reasons given for the change - Are not cogent and verifiable the case fails - The reason given in the instant case is neither cogent nor verifiable (H11) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

ELECTIONS - Candidates - Substitutions - Cogency of reason - Reason that a name was submitted “without enough information” is neither cogent nor verifiable - As such it does not satisfy statutory requirements (H6) Ehinlanwo v. Oke (2008) 6 KLR (pt. 256) p. 2493; (2008) 16 NWLR (Pt. 1113) 357

ELECTIONS - Candidates - Substitutions - Electoral Act 2006, s. 34 (2) - It is mandatory that party seeking substitution must provide cogent and verifiable reasons for it - It also has the burden of proving valid substitution when challenged (H5) Ehinlanwo v. Oke (2008) 6 KLR (pt. 256) p. 2493; (2008) 16 NWLR (Pt. 1113) 357

ELECTIONS - Constitution - Candidacy - 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

ELECTIONS - Constitution - Jurisdiction - Ss. 178 & 285 (2) of 1999 Constitution - Cannot be construed to destroy court’s jurisdiction in pre-election 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

ELECTIONS - Constitution - Supremacy - 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

ELECTIONS - 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

ELECTIONS - Judicial precedents - Distinguishing - Badejo case is distinguishable - From the facts of the instant case - Seeing that in Badejo - Interest of the entire nation was at stake - Unlike in this case (H1) Adeogun v. Fashogbon (2008) 5 KLR (pt. 255) p. 2205; (2008) 17 NWLR (Pt. 1115) 149

ELECTIONS - Jurisdiction - Pre-election 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

ELECTIONS - Justice - Supreme Court - Powers - Rehearing a case as if court of first instance - Vide s. 22 Supreme Court Act - What to consider includes elimination of further delay in the interest of justice - Election cases need invocation of this power (H8) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

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

ELECTIONS - Party primaries - Substitution of a candidate - On the ground that his name was sent “without enough information” - Does not comply with the mandatory provisions of s. 34 (1) & (2) Electoral Act 2006 (H6) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

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

ELECTIONS - Post-election disputes - Purport of - In contrast to pre-election disputes - Post-election disputes arise from the holding of elections or return of elected candidates - They cover such grounds as qualification or unlawful exclusion of candidates among others (H7) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

ELECTIONS - Pre-election disputes - Jurisdiction - 1999 Constitution, s. 251 (1) (r) - The Federal High Court has exclusive jurisdiction to hear and determine pre-election disputes - Including disputes on submission of names of and substitution of names of nominated candidates (H2) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

ELECTIONS - Presidential candidates - Qualifications - Challenge to - Proper time to raise - The proper time to challenge the qualification of a presidential candidate - Should be after the conduct of election and the announcement of result (H23) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

ELECTIONS - Unlawful exclusion - Electoral Act 2006, s. 145 (1) (d) - Import - The phrase contemplates the literal exclusion of a validly nominated candidate - It does not admit of constructive or implied exclusion (H2) Abubakar v. Yar’adua (2008) 12 KLR (pt. 259) p. 3161; (2008) 4 NWLR (Pt. 1078) 465

ELECTIONS - Waiver - Party primaries - Guidelines that provide for wining 50% of the total votes - Is deemed waived in this case (H7) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

EQUITY - 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

EQUITY - Contracts - 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

EQUITY - Estoppel by conduct - Import of - Practice directions - Once a party has intimated that he consents to an act - As appellant in this case has consented to use of the practice directions - He cannot later be allowed to question the legality of that act (H5) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

EQUITY - Interrogatories - Proof - Burden placed on plaintiff - Cannot be shifted to defendant vide crafty interrogatories - Court will stop such smartness - By invoking its equitable jurisdiction (H7) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

EQUITY - Maxims - Impotentia Excusat Legem - 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

EQUITY - 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

EQUITY - Trust - Resulting trust - Arises in two sets of circumstances - It is based upon the unexpressed - But presumed intention of the true owner (H3) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

EQUITY - Trust - Resulting trust - Property - Where purchased in the name of another - There is a presumption that that other person - Holds the property for the benefit of the persons - That advanced money for the purchase of the property (H4) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

EQUITY - Waiver - Elections - Party primaries - Guidelines that provide for wining 50% of the total votes - Is deemed waived in this case (H7) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

ESTOPPEL - 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

ESTOPPEL - By conduct - Applicability - The facts of this case particularly as they relate to exhibit A - Does not fall within the purview of s. 151 Evidence Act - As to make estoppel applicable (H3) Nwavu v. Okoye (2008) 12 KLR (pt. 261) p. 3901; (2008) 18 NWLR (Pt. 1118) 29

ESTOPPEL - By judgment - Plea of - How made - Though estoppel by judgment - Has to be specifically pleaded - It is not required to be pleaded in any form - Therefore once it is pleaded - Court should consider both res judicata and issue estoppel (H1) Ikotun v. Oyekanmi (2008) 4 KLR (pt. 253) p. 1777; (2008) 10 NWLR (Pt. 1094) 100

ESTOPPEL - 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

ESTOPPEL - Courts - Judgments - Jurisdiction - When a court is said to be competent - Includes when it is properly constituted - Previous decision binds present appellant - Who is deemed to be a privy (H7) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

ESTOPPEL - Definition - Creation of can be in several ways - Three kinds recognised by common law include estoppel by record (H1) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; ; (2008) 3 NWLR (Pt. 1074) 217

ESTOPPEL - Estoppel by conduct - Depositions - Objections thereto - When to raise - If an objection is not radical like objection on jurisdiction - Such objection must be raised at the earliest opportunity - Or the party may be deemed to have accepted the state of things - And so be estopped (H19) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

ESTOPPEL - Estoppel by conduct - Import of - Practice directions - Once a party has intimated that he consents to an act - As appellant in this case has consented to use of the practice directions - He cannot later be allowed to question the legality of that act (H5) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

ESTOPPEL - 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) 6 KLR (pt. 256) p. 2645

ESTOPPEL - Issue estoppel - Evidence Act, s. 55(1) - Purport of the section - Is meant to allow for the plea of issue estoppel - Where a plea of res judicata is not technically possible - As in the instant case (H4) Ikotun v. Oyekanmi (2008) 4 KLR (pt. 253) p. 1777; (2008) 10 NWLR (Pt. 1094) 100

ESTOPPEL - Issue estoppel - Evidential requirements - Unlike in a plea of res judicata - A party relying on issue estoppel - Need not prove - That the res, the claims and the parties - Are the same in the previous suit - As in subsequent suit (H2) Ikotun v. Oyekanmi (2008) 4 KLR (pt. 253) p. 1777; (2008) 10 NWLR (Pt. 1094) 100

ESTOPPEL - Nature of - Effect of the plea - Estoppel prevents a party - From proving facts in contradiction to his earlier acts - As such it is a shield never a sword - It has no place in a statement of claim (H3) Ikotun v. Oyekanmi (2008) 4 KLR (pt. 253) p. 1777; (2008) 10 NWLR (Pt. 1094) 100

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

ESTOPPEL - Res judicata - Estoppel by record - Judgments in personam - Meaning - For plea of estoppel by judgment to succeed - Defendant will show inter alia - Sameness of subject matter (H3) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

ESTOPPEL - Res judicata - Presupposes that a final decision - On same subject matter - Cannot be contradicted by any of the parties - It arises under about three given situations (H2) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

ESTOPPEL - Res judicata - Sameness of subject matter - Correct findings of trial court confirmed by the Court of Appeal - That the land in dispute is same - Will not be disturbed (H6) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - Admissibility - 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

EVIDENCE - Admissibility - 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

EVIDENCE - Admissibility - 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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - Admission - Trespass - Where appellant admits in his statement of claim - That respondents are in lawful possession - He cannot rightly bring trespass action against them (H1) Shekse v. Plankshak (2008) 7 KLR (pt. 258) p. 3045; (2008) 15 NWLR (Pt. 1109) 105

EVIDENCE - Admissions - By implication - Uncontroverted affidavit 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

EVIDENCE - Admissions - Interrogatories - Nature - Aim and objective - Is to uphold case of the applicant - And destroy that of his opponent - To elicit admissions from the opponent (H5) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - Affidavits - 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

EVIDENCE - Affidavits - 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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - 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

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

EVIDENCE - Chieftaincy - 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

EVIDENCE - Conclusiveness - Land Use Act - Valid title - Certificate of occupancy - Is not a conclusive evidence of a valid title - Proof of better title as in this case - Shall cause the court to set aside the certificate (H6) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

EVIDENCE - Concurrent findings - Boundary dispute - Lower courts’ 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

EVIDENCE - Confession - By a co-accused - Effect on co-accused’s case - It is inadmissible against co-accused - 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

EVIDENCE - Confessional statement - Definition - Voluntariness issue - Does not arise - Where the statement under consideration is not confessional (H6) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

EVIDENCE - 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

EVIDENCE - Contracts - 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

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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - 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

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

EVIDENCE - 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

EVIDENCE - Courts - Evaluation of evidence - Trial court has fundamental duty - To evaluate evidence placed before it - Appeal court will not interfere with findings thereon - Except special circumstances are shown (H5) Mil. Gov. Ondo State v. Kolawole (2008) 5 KLR (pt. 254) p. 2081

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

EVIDENCE - Courts - Similar documents - Ruling on admissibility - Scope of - Court’s ruling on admissibility of document - Is a specific adjudicatory act tied to the particular document - It does not automatically cover subsequent similar documents sought to be tendered in the proceedings (H21) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

EVIDENCE - Crime - Civil proceedings - Standard of proof - Allegation of crime - Where directly in issue as in the instant case - Must be specifically pleaded and proved beyond reasonable doubt - Respondents did not do so (H3) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

EVIDENCE - Crime - Identity evidence - Evaluation - Duty of Court - In evaluation of identity evidence - Even when witness claims he recognized accused - Court must warn itself that mistakes are some times made in the recognition of close relatives (H2) Abdullahi v. State (2008) 5 KLR (pt. 255) p. 2187; (2008) 17 NWLR (Pt. 1115) 203

EVIDENCE - 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

EVIDENCE - Criminal law - Defences - Self defence - Application of - All an accused is required to do is raise the defence - Prosecution then has the burden of showing that it does not apply by the evidence called - As it did in this case (H1) Omoregie v. State (2008) 12 KLR (pt. 260) p. 3731; (2008) 18 NWLR (Pt. 1119) 464

EVIDENCE - 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

EVIDENCE - Criminal procedure - Resting case on prosecution case - Effect of - Where accused rests his case on that of the prosecution - Evidence of the prosecution is deemed admitted - And court is duty bound to act on it if credible (H1) Ada v. State (2008) 4 KLR (pt. 252) p. 1399; (2008) 13 NWLR (Pt. 1103) 149

EVIDENCE - Criminal trial - Defences - Provocation - Ingredients of - To succeed in a plea of provocation - Accused must not only show actual loss of control - But also show that any reasonable man - Of his station in life - Would have lost control (H3) Annabi v. State (2008) 5 KLR (pt. 254) p. 1957; (2008) 13 NWLR (Pt. 1103) 179

EVIDENCE - Criminal trial - 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

EVIDENCE - Criminal trial - Proof - Standard of - Burden of proving alleged crime beyond reasonable doubt - Rests always on the prosecution - The same has not been discharged - From the evidence on record (H3) State v. Azeez (2008) 4 KLR (pt. 253) p. 1679; (2008) 14 NWLR (Pt. 1108) 439

EVIDENCE - Criminal trial - Witnesses - Duty to call - Prosecution is not under duty - To call all conceivable witnesses - But it is duty bound - To call all material witnesses (H4) State v. Azeez (2008) 4 KLR (pt. 253) p. 1679; (2008) 14 NWLR (Pt. 1108) 439

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

EVIDENCE - Cross examination - Pleadings - Evidence elicited under cross examination - Based on facts not pleaded - Is inadmissible and goes to no issue (H2) Okwejiminor v. Gbakeji (2008) 1 KLR (pt. 248) p. 609; (2008) 5 NWLR (Pt. 1079) 172

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

EVIDENCE - Discrepancy - Title - Where plaintiff’s case is substantially as pleaded - Variation in witnesses’ testimony as to year of commencing building - Is not a fatal discrepancy (H6) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

EVIDENCE - Documents - Admissibility - Applicability of functus officio - A court cannot be functus officio by giving an anticipatory order - Which is conditional to the possible implementation of the order - As in this case the order admitting the documents subject to later objections (H10) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

EVIDENCE - Documents - Admissibility - When to rule thereon - A court need not wait for final address of parties to rule an admissibility of a document - It may rule thereon at the point it is sought to be tendered - Though it always has power to reconsider its ruling when writing judgment (H15) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

EVIDENCE - Documents - Contracts - Oral evidence is not admissible - 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

EVIDENCE - Documents - Exhibits - Reliability - On the facts of the instant case - It is obvious that exhibits 1 and 2 of the 3rd respondent have lied ex facie - As such they are most unreliable documents liable to be discountenanced as an afterthought (H10) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

EVIDENCE - Documents - Native Law & Custom - Applicability - Documentary evidence such as Exhibit A herein - Is unknown to native law & custom - As such it has no legal value as evidence in this proceedings (H3) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

EVIDENCE - Documents - Power of Attorney relating to land - Unregistered & not pleaded - Evidential value - It must be registered in order to be pleaded or adduced in evidence - Under land Registration Laws of Niger State s. 15 - As neither was done in this case - Court of Appeal was wrong in giving judgment to plaintiffs (H3) Abubakar v. Waziri (2008) 6 KLR (pt. 257) p. 2667; (2008) 14 NWLR (Pt. 1108) 507

EVIDENCE - Documents - Tendered as exhibits - By witness other than the maker - Power to comment thereon - Though a document may be tendered and admitted through a witness other than the maker - Such witness lacks the competence to comment thereon unless he is an expert (H17) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

EVIDENCE - Doubt - 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

EVIDENCE - Election petitions - Burden of proof - Where petitioner has alleged noncompliance as in this case - The onus lies on him not only to prove noncompliance - But also to prove that it could have affected the result of the election (H7) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

EVIDENCE - Election petitions - Documents - Admissibility - Objections thereto - When to raise - It ought to be raised timeously - And when the party raising the objection has not taken any fresh step in the proceedings - As was rightly done by the respondents herein (H12) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

EVIDENCE - Election petitions - Proof - Nature of - Allegation that result sheets were not delivered or non-counting of votes - Cannot be proved by mere documentary evidence - It also requires direct evidence of those who observed the noncompliance (H26) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

EVIDENCE - Election petitions - Unlawful exclusion - Proof of - A petitioner alleging unlawful exclusion - Must plead and prove facts showing inter alia - That his name was not included in the list of candidates - The instant petitioner failed to do so (H3) Abubakar v. Yar’adua (2008) 12 KLR (pt. 259) p. 3161; (2008) 4 NWLR (Pt. 1078) 465

EVIDENCE - Election petitions - Validity of elections - Grounds of challenge - Reliance on mutually exclusive grounds - Effect - It amounts to a petitioner approbating and reprobating - And has the effect of destroying his alternative case by his alternative evidence (H4) Abubakar v. Yar’adua (2008) 12 KLR (pt. 259) p. 3161; (2008) 4 NWLR (Pt. 1078) 465

EVIDENCE - Estoppel - By conduct - Applicability - The facts of this case particularly as they relate to exhibit A - Does not fall within the purview of s. 151 Evidence Act - As to make estoppel applicable (H3) Nwavu v. Okoye (2008) 12 KLR (pt. 261) p. 3901; (2008) 18 NWLR (Pt. 1118) 29

EVIDENCE - Evaluation - 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

EVIDENCE - Evaluation - 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

EVIDENCE - Evaluation - Courts - 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

EVIDENCE - Evaluation - Involvement - It entails assessment of evidence & assigning value thereto - It involves a reasoned acceptance or rejection of the evidence adduced by the parties - This is lacking in the judgment of the trial court (H3) Lagga v. Sarhuna (2008) 6 KLR (pt. 257) p. 2739; (2008) 16 NWLR (Pt. 1114) 427

EVIDENCE - Evaluation - 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

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

EVIDENCE - Evaluation of - Duty of court - Court has a duty - To accept and act on unchallenged/uncontradicted evidence - Of prosecution witness - As done by the trial court (H2) Ada v. State (2008) 4 KLR (pt. 252) p. 1399; (2008) 13 NWLR (Pt. 1103) 149

EVIDENCE - Evaluation of - Where name of accused - Was belatedly mentioned - Duty of court - In evaluating such belated identity evidence - Is to take the lateness into consideration - Or it would amount to non-direction - On material evidence (H2) Isah v. State (2008) 5 KLR (pt. 254) p. 2025; (2008) 18 NWLR (Pt. 1119) 285

EVIDENCE - Evaluation of - Witnesses - Testimony of interested parties - Court has a duty to approach with caution - Evaluation of evidence led by parties - Who may have their own interests to serve (H5) State v. Azeez (2008) 4 KLR (pt. 253) p. 1679; (2008) 14 NWLR (Pt. 1108) 439

EVIDENCE - Evaluation - 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

EVIDENCE - Evidence - Conviction - Co-accused - Discredited evidence on same facts - Cannot on appeal ground conviction of co-accused - 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

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

EVIDENCE - Facts - Burden of proof - Is placed on a party who would otherwise fail - And on the person who wishes the court to believe - On the existence of that fact - Save where the fact is admitted (H2) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

EVIDENCE - Findings - Chieftaincy - 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

EVIDENCE - Hearsay - 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

EVIDENCE - Identity of accused - Proof by recognition - Failure to promptly reveal identity - Effect of - Unless satisfactory explanation is given - Delay in mentioning names of accused - Recognized in the commission of offence - Makes identity evidence suspect (H1) Isah v. State (2008) 5 KLR (pt. 254) p. 2025; (2008) 18 NWLR (Pt. 1119) 285

EVIDENCE - Interrogatories - Proof - Burden placed on plaintiff - Cannot be shifted to defendant vide crafty interrogatories - Court will stop such smartness - By invoking its equitable jurisdiction (H7) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

EVIDENCE - Issue estoppel - Evidence Act, s. 55(1) - Purport of the section - Is meant to allow for the plea of issue estoppel - Where a plea of res judicata is not technically possible - As in the instant case (H4) Ikotun v. Oyekanmi (2008) 4 KLR (pt. 253) p. 1777; (2008) 10 NWLR (Pt. 1094) 100

EVIDENCE - Justice - Miscarriage - Proof of - Where employee is dismissed for gross misconduct - It is not for the employee to proof that the proceedings of the panel were prejudicial to him - It suffices that there is a risk of prejudice (H4) Shell Petroleum v. Olarewaju (2008) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

EVIDENCE - Land law - Title - Onus of proof - It is on the party claiming exclusive ownership of family land - To prove that he is entitled to it - As against all other members of the family (H1) Nwavu v. Okoye (2008) 12 KLR (pt. 261) p. 3901; (2008) 18 NWLR (Pt. 1118) 29

EVIDENCE - Land Use Act - Pleadings - Location of the land - Where not pleaded - There can be no evidence to enable the court - To hold that the land is within urban area (H1) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

EVIDENCE - Locus in quo visit - Principles in respect of - Are stated by the Supreme Court in Enigwe case - Appellant was not able to show - That non recording of proceedings at the locus in quo - Adversely affected his case (H4) Shekse v. Plankshak (2008) 7 KLR (pt. 258) p. 3045; (2008) 15 NWLR (Pt. 1109) 105

EVIDENCE - Motions - 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

EVIDENCE - 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

EVIDENCE - Murder - Confessional statement - That is voluntary, direct and positive - Was rightly relied upon by trial court - In convicting appellant for murder (H5) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

EVIDENCE - Murder - Conviction - Absence of corpus delicti - Accused can be convicted for murder - If there is strong unequivocal evidence that the victim is dead - Notwithstanding the absence of corpus delicti (H1) Ochemaje v. State (2008) 6 KLR (pt. 256) p. 2605; (2008) 15 NWLR (Pt. 1109) 57

EVIDENCE - Murder - 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

EVIDENCE - Murder - Proof - Facts prosecution must prove beyond reasonable doubt - Include that it was accused person’s omission - That caused the death of deceased (H1) Idiok v. State (2008) 4 KLR (pt. 252) p. 1589; (2008) 13 NWLR (Pt. 1104) 225

EVIDENCE - 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

EVIDENCE - 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

EVIDENCE - Notary public - Powers - Limitations thereto - No notary public shall exercise any of his powers - Including the power to administer oaths or to attest and certify documents - In any matter in which he is interested (H13) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

EVIDENCE - Offences - Proof - Having proved the ingredients of the offences for which appellant was charged - Prosecution has proved the offences beyond reasonable doubt (H4) Amadi v. FRN (2008) 12 KLR (pt. 259) p. 3401; (2008) 18 NWLR (Pt. 1119) 259

EVIDENCE - 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

EVIDENCE - Pleadings - Averments - Admissions - How determined - In considering whether an averment is admitted - Court must consider the totality of the relevant paragraph - Bearing in mind that admissions must be unequivocal, not speculative (H27) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

EVIDENCE - Pleadings - Averments - Binding effect of - Parties are bound by their pleadings - Any evidence by a party contrary to his averments goes to no issue - As does the evidence of grant led by plaintiffs herein (H4) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

EVIDENCE - Pleadings - Averments - Clarity - Necessity of - Pleadings must not be evasive - It must be cogent and pungent - Court should not allow evidence in respect of facts not pleaded - Or those not clearly pleaded (H2) Abubakar v. Waziri (2008) 6 KLR (pt. 257) p. 2667; (2008) 14 NWLR (Pt. 1108) 507

EVIDENCE - Pleadings - Parties & court - Are bound by the pleadings - Facts not pleaded ground to no issue - Brilliant argument of counsel - Is no substitute for pleadings and evidence (H4) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

EVIDENCE - Presumption - Pleadings - General damages - Nature of - They are items of loss which plaintiff need not specify in pleadings - In order to recover compensation - They are presumed by law in favour of plaintiff (H1) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

EVIDENCE - Presumption - Resulting trust - Property - Where purchased in the name of another - There is a presumption that that other person - Holds the property for the benefit of the persons - That advanced money for the purchase of the property (H4) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

EVIDENCE - Proof - 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

EVIDENCE - Proof - Accidents - 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

EVIDENCE - Proof - 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

EVIDENCE - Proof - Actions - 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

EVIDENCE - Proof - 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

EVIDENCE - Proof - 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

EVIDENCE - Proof - Confession of accused - Sufficiency of - Positive and properly proved confession - Of an accused - can sustain his conviction - without more (H2) Akpa v. State (2008) 4 KLR (pt. 252) p. 1563; (2008) 14 NWLR (Pt. 1106) 72

EVIDENCE - Proof - 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

EVIDENCE - Proof - Conspiracy - Penal Code ss. 96 & 97 - What prosecution must prove - Include agreement to commit illegal act - Which can be inferred from circumstantial evidence - Ignorance of the law is no excuse (H1) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

EVIDENCE - Proof - Contradictions - Resolution by court - It is a demonstration of proper evaluation of evidence before it - When court resolves apparent contradictions in testimony of witnesses - As done by the trial court herein (H3) Ochemaje v. State (2008) 6 KLR (pt. 256) p. 2605; (2008) 15 NWLR (Pt. 1109) 57

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

EVIDENCE - Proof - Crime - Liability for - Joint criminal act - Where there is a joint criminal act - Prosecution has to either prove - Criminal intention on the part of each accused person - Or prove common intention - To warrant liability of all accused persons (H6) State v. Azeez (2008) 4 KLR (pt. 253) p. 1679; (2008) 14 NWLR (Pt. 1108) 439

EVIDENCE - Proof - Culpable homicide punishable with death - Ingredients - Prosecution must prove human death caused by intentional or reckless act of accused - Cause and intention being inferred from surrounding circumstances - As in this case (H2) Michael v. State (2008) 6 KLR (pt. 256) p. 2563; (2008) 13 NWLR (Pt. 1104) 361

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

EVIDENCE - Proof - Custom - Requirements - In relation to adjudication custom is question of fact - Which must be pleaded & proved - But plaintiffs failed to plead the dominion of Akarigbo over the land - Which custom they rely on (H1) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

EVIDENCE - Proof - 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

EVIDENCE - Proof - 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

EVIDENCE - Proof - Documents - Illiterates Protection Law s. 3 - Nature of compliance - Strict compliance with the provisions is required - Substantial compliance is insufficient - Especially as between the illiterate and the writer of the document (H2) Ezeigwe v. Awudu (2008) 5 KLR (pt. 255) p. 2277; (2008) 11 NWLR (Pt. 1097) 158

EVIDENCE - Proof - Identity of accused - Where witness failed to mention the name of an accused - Whom he knew before commission of the crime - To the police at earliest opportunity - It detracts from the credibility of his evidence at trial (H1) Abdullahi v. State (2008) 5 KLR (pt. 255) p. 2187; (2008) 17 NWLR (Pt. 1115) 203

EVIDENCE - Proof - Issue estoppel - Evidential requirements - Unlike in a plea of res judicata - A party relying on issue estoppel - Need not prove - That the res, the claims and the parties - Are the same in the previous suit - As in subsequent suit (H2) Ikotun v. Oyekanmi (2008) 4 KLR (pt. 253) p. 1777; (2008) 10 NWLR (Pt. 1094) 100

EVIDENCE - Proof - Land Use Act - Title - Root of - Where challenged - Claimant must prove validity of his root of title - And a better title in order to succeed (H8) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

EVIDENCE - Proof - 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

EVIDENCE - Proof - Murder - Self defence - Injury from deceased - Accused person who caused death in self defence - Should show his injury as justification to his act - At earliest opportunity - Which appellant failed to do (H2) Omoregie v. State (2008) 12 KLR (pt. 260) p. 3731; (2008) 18 NWLR (Pt. 1119) 464

EVIDENCE - Proof - Murder - To secure conviction - Prosecution must prove three coexisting ingredients - Which include death of the deceased (H1) Yaki v. State (2008) 7 KLR (pt. 258) p. 3077; (2008) 15 NWLR (Pt. 1109) 173

EVIDENCE - Proof - Plea of guilty - Makes the burden of proof on prosecution light - As guilty plea brings the offence - And mens rea or actus rea into proximity (H5) Omoju v. FRN (2008) 2 KLR (pt. 250) p. 1145; (2008) 7 NWLR (Pt. 1085) 38

EVIDENCE - Proof - Pleadings - Special damages - Nature of - They consist in items of loss - Which plaintiff must specify in pleadings - Before he is allowed to prove them at trial - They result from particular circumstances of the case (H2) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

EVIDENCE - Proof - 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

EVIDENCE - Proof - 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) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

EVIDENCE - Proof - Standard - Flexibility of - There is no absolute standard of proof be it in civil or criminal trial - The more serious the allegation the higher the standard of proof to eliminate its unlikelihood (H2) Shell Petroleum v. Olarewaju (2008) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

EVIDENCE - Proof - 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

EVIDENCE - Proof - Sufficiency - Expulsion of 1st respondent was not satisfactorily proved - From the nature of evidence before the trial court - Exhibit NAS 4 ought reasonably to have mentioned the expulsion - If it were true but did not (H2) Pam v. Mohammed (2008) 5 KLR (pt. 255) p. 2363; (2008) 16 NWLR (Pt. 1112) 1

EVIDENCE - Proof - Title - 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

EVIDENCE - Proof - Title - Declaration of - Is made in favour of the party that proves better title - Defendant/respondent by his pleadings and evidence - Has a better title to the land in dispute (H9) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

EVIDENCE - Proof - Title - Establishment of - Five ways to do so - Include traditional evidence or document of title (H1) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

EVIDENCE - Proof - 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

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

EVIDENCE - Prosecution’s case - Contradictions - How determined - Minor discrepancy in evidence as in this case - Is not tantamount to contradictions (H6) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

EVIDENCE - Rebuttable presumption - Effect - Burden of proof - Where there is a rebuttable presumption of a fact - As in this case, the authenticity of election results declared by a returning officer - The burden is on the person who denies the authenticity to rebut the presumption (H6) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

EVIDENCE - Record of proceedings - Binding effect of - Parties and courts - Are bound by the record of proceedings - Which in this case has no evidence - Of motion being moved or granted (H1) Ogli Oko Farms Ltd v. NAC Bank Ltd (2008) 4 KLR (pt. 253) p. 1803; (2008) 11 NWLR (Pt. 1098) 412

EVIDENCE - Relevancy - Statement of claim - 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

EVIDENCE - Rules of natural justice - Breach - Evidence of - There is ample evidence on record - In support of the concurrent findings of the courts below - That there was a breach of the rules of natural justice in the proceedings indicting the respondent (H3) Shell Petroleum v. Olarewaju (2008) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

EVIDENCE - 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

EVIDENCE - Title - Claim for declaration of - Plaintiff is not to rely on weakness of the defence - But evidence from defendant that supports plaintiff’s case - Can be relied upon (H4) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

EVIDENCE - 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

EVIDENCE - Title - Presumption - Acts of ownership over adjoining undisputed land - Were rightly relied on by trial court - In holding that plaintiff is also owner of the portion in dispute - Vide s. 46 of Evidence Act (H8) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

EVIDENCE - Title - Proof - Burden and standard of proof of each case - Depends on the pleadings - Defendant’s admission in this case - Makes proof of plaintiff’s root of title unnecessary (H3) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

EVIDENCE - Title - Root - Burden of proof - Is on the defendant/appellant by the state of pleadings - To proof his overlord’s root of title (H5) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

EVIDENCE - Title documents - Rebuttable presumption - Certificate of occupancy - Grant thereof to a person - Entitles him to hold the land to the exclusion of any other person (H2) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

EVIDENCE - Trespass - Right of action - Waiver - Merely negotiating with trespasser is not enough evidence - To support the conclusion that plaintiff had waived the trespass committed on her land (H3) Chukwuma v. Ifeloye (2008) 12 KLR (pt. 261) p. 3761; (2008) 18 NWLR (Pt. 1118) 204

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

EXPERT OPINION - Documents - Tendered as exhibits - By witness other than the maker - Power to comment thereon - Though a document may be tendered and admitted through a witness other than the maker - Such witness lacks the competence to comment thereon unless he is an expert (H17) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

FAIR HEARING - Actions - Pre-action 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

FAIR HEARING - 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

FAIR HEARING - Applicability - Requirements - Application of the doctrine - Essentially requires that from the totality of proceedings - Court gave equal opportunity to parties - To ventilate their grievances - As was done in this case (H3) Pam v. Mohammed (2008) 5 KLR (pt. 255) p. 2363; (2008) 16 NWLR (Pt. 1112) 1

FAIR HEARING - Breach - Applicability - Ruling by trial court handed down without hearing plaintiffs’ counsel - Was a breach of plaintiffs’ right to fair hearing - Court of Appeal ought to have pronounced thus (H6) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

FAIR HEARING - 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

FAIR HEARING - Criminal trial - Interpreter - 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

FAIR HEARING - 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

FAIR HEARING - 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

FAIR HEARING - 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

FAIR HEARING - Motions - Opposition - 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

FAIR HEARING - Rules of natural justice - Breach - Evidence of - There is ample evidence on record - In support of the concurrent findings of the courts below - That there was a breach of the rules of natural justice in the proceedings indicting the respondent (H3) Shell Petroleum v. Olarewaju (2008) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

FAIR HEARING - Trials - Speediness of - 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

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

FALSE IMPRISONMENT - Action for - 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

FALSE IMPRISONMENT - Torts - Malicious prosecution - Defamation - Do not avail appellant - As a result of his prosecution by the police - For theft of respondent’s lorries (H2) Isheno v. Julius Berger Plc (2008) 2 KLR (pt. 250) p. 1059; (2008) 6 NWLR (Pt. 1084) 582

FAMILY LAW - 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

Farms Ltd v. NAC Bank Ltd (2008) 4 KLR (pt. 253) p. 1803; (2008) 11 NWLR (Pt. 1098) 412

FRAUD - Allegation of - Must be specifically pleaded - Before a party can rely on fraud (H7) Ezenwa v. Oko (2008) 1 KLR (pt. 248) p. 589; (2008) 3 NWLR (Pt. 1075) 610

FUNDAMENTAL RIGHTS - Enforcement of - 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

FUNDAMENTAL RIGHTS - Enforcement 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

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

FUNDAMENTAL RIGHTS - Fair hearing - Applicability - Requirements - Application of the doctrine - Essentially requires that from the totality of proceedings - Court gave equal opportunity to parties - To ventilate their grievances - As was done in this case (H3) Pam v. Mohammed (2008) 5 KLR (pt. 255) p. 2363; (2008) 16 NWLR (Pt. 1112) 1

FUNDAMENTAL RIGHTS - Fair hearing - Breach - Applicability - Ruling by trial court handed down without hearing plaintiffs’ counsel - Was a breach of plaintiffs’ right to fair hearing - Court of Appeal ought to have pronounced thus (H6) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

ILLITERATES - Documents - Illiterates Protection Law s. 3 - Nature of compliance - Strict compliance with the provisions is required - Substantial compliance is insufficient - Especially as between the illiterate and the writer of the document (H2) Ezeigwe v. Awudu (2008) 5 KLR (pt. 255) p. 2277; (2008) 11 NWLR (Pt. 1097) 158

INJUNCTIONS - 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

INJUNCTIONS - Motions - Interim injunction - Merit of the matter - Should not be gone into - Lest there be nothing left to be determined - After hearing of the case (H5) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008) 2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

INTERESTS - 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

INTERESTS - 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

INTERESTS - 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

INTERESTS - 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

INTERLOCUTORY APPLICATIONS - Injunctions - Merit of the matter - Should not be gone into - Lest there be nothing left to be determined - After hearing of the case (H5) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008) 2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

INTERLOCUTORY MATTERS - Courts - Discretion of trial court - Where exercised judicially and judiciously - Appellate court will not interfere (H6) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008) 2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

INTERLOCUTORY PROCEEDINGS - 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

INTERNATIONAL LAW - 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

INTERNATIONAL LAW - Constitution - 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

INTERROGATORIES - Definition - They are pretrial discovery device - Written questions submitted by one party to the other (H4) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

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

INTERROGATORIES - Nature - Aim and objective - Is to uphold case of the applicant - And destroy that of his opponent - To elicit admissions from the opponent (H5) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

INTERROGATORIES - Pleadings - Fishing and oppressive interrogatories - Party who has categorically denied a fact vide pleadings - Should not be interrogated thereupon - And court will not allow mala fide interrogatories (H6) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

INTERROGATORIES - Proof - Burden placed on plaintiff - Cannot be shifted to defendant vide crafty interrogatories - Court will stop such smartness - By invoking its equitable jurisdiction (H7) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

INTERROGATORIES - Questions asked - Relevance of - Where found relevant by the Supreme Court - Are ordered to be answered (H8) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

JOINDER OF PARTIES - Basis - 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

JOINDER OF PARTIES - Evidence - Affidavits - 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

JOINDER OF PARTIES - 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

JOINDER OF PARTIES - 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

JUDGMENTS - 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

JUDGMENTS - 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

JUDGMENTS - 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

JUDGMENTS - Appeals - Grounds of appeal - Abandonment - Contrary 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

JUDGMENTS - 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 orbiter dictum (H20) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

JUDGMENTS - 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

JUDGMENTS - 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

JUDGMENTS - 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

JUDGMENTS - 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

JUDGMENTS - Appeals - Reversal - Error of lower court - That did not occasion a miscarriage of justice - Cannot ground setting aside of the judgment (H2) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

JUDGMENTS - Basis - Public opinion - Place of - Courts of law do not give judgments according to public opinions - But according to evidence and law - However true may appear the public opinion - It needs to be proved by evidence to influence the court (H28) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

JUDGMENTS - 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

JUDGMENTS - 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

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

JUDGMENTS - Correctness of - 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

JUDGMENTS - 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

JUDGMENTS - Courts - Discretion - Judicial officer - Is to arrive at a decision based on facts before him - And apply the applicable law - Judicial precedent rule need not be strictly applied - Where discretion is being exercised (H3) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

JUDGMENTS - Courts - Functus officio - Meaning of - It means to become bereft of legal force, having fulfilled ones function and commission - So a judge who has decided a question brought before him becomes functus officio - And cannot review the decision (H9) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

JUDGMENTS - Courts - Issues - Suo motu raising of - The principle - Cannot preclude a Judge from applying principles - Not referred to by counsel - Or from having recourse to any relevant law (H5) Nigercare v. Adamwa State Water Board (2008) 3 KLR (pt. 251) p. 1297; (2008) 9 NWLR (Pt. 1093) 498

JUDGMENTS - Courts - Jurisdiction - When a court is said to be competent - Includes when it is properly constituted - Previous decision binds present appellant - Who is deemed to be a privy (H7) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

JUDGMENTS - Criminal trials - 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

JUDGMENTS - 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

JUDGMENTS - Documents - Admissibility - When to rule thereon - A court need not wait for final address of parties to rule an admissibility of a document - It may rule thereon at the point it is sought to be tendered - Though it always has power to reconsider its ruling when writing judgment (H15) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

JUDGMENTS - Effective date of - Payment of money - Sheriffs and Civil Process Act s. 20(1) - Judgment of court to pay money - Takes effect from the day it is given - Unless it is otherwise ordered by the court (H2) Olatunji v. Owena Bank Plc (2008) 4 KLR (pt. 253) p. 1829; (2008) 8 NWLR (Pt. 1090) 668

JUDGMENTS - Enforcement - Writ of possession - Issuance - Propriety - In view of the subsisting judgment vesting title over the land in the plaintiffs - They were free to apply for writ of possession to give effect thereto - Court of Appeal was therefore wrong to set aside the writ (H4) Carrena v. Akinlase (2008) 6 KLR (pt. 257) p. 2699; (2008) 14 NWLR (Pt. 1107) 262

JUDGMENTS - 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

JUDGMENTS - 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

JUDGMENTS - Estoppel - Res judicata - Presupposes that a final decision - On same subject matter - Cannot be contradicted by any of the parties - It arises under about three given situations (H2) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

JUDGMENTS - Evidence - Evaluation - Involvement - It entails assessment of evidence & assigning value thereto - It involves a reasoned acceptance or rejection of the evidence adduced by the parties - This is lacking in the judgment of the trial court (H3) Lagga v. Sarhuna (2008) 6 KLR (pt. 257) p. 2739; (2008) 16 NWLR (Pt. 1114) 427

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

JUDGMENTS - Finality - Supreme Court - Jurisdiction - To interfere with its final judgment - Falls within a very narrow compass - And cannot be invoked in this case (H3) Obi v. INEC (2008) 1 KLR (pt. 247) p. 443; (2008) 18 NWLR (Pt. 1172) 215

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

JUDGMENTS - 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

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

JUDGMENTS - 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

JUDGMENTS - Res judicata - Estoppel by record - Judgments in personam - Meaning - For plea of estoppel by judgment to succeed - Defendant will show inter alia - Sameness of subject matter (H3) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

JUDGMENTS - Rules of court - Applicability - Judgment Enforcement Rules O. IV, r. I (1) & (2) provisions - Do not apply to enforcement of judgment - For the payment of money (H3) Olatunji v. Owena Bank Plc (2008) 4 KLR (pt. 253) p. 1829; (2008) 8 NWLR (Pt. 1090) 668

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

JUDGMENTS - Supreme Court - Decisions - Effect - Finality of Supreme Court decisions in civil proceedings - Is absolute unless specifically set aside by later legislation - Which was not the case herein (H3) Ojo v. Olawore (2008) 6 KLR (pt. 256) p. 2645

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

JUDGMENTS - Tribunals - Time within which to deliver - Noncompliance - Unless a party shows a resultant miscarriage of justice - Judgment will not be vitiated on appeal (H5) A-G Federation v. Abubakar (2008) 12 KLR (pt. 261) p. 3983; (2008) 16 NWLR (Pt. 1112) 135

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

JUDICIAL PRECEDENTS - Actions - Pre-action 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

JUDICIAL PRECEDENTS - Courts - Discretion - Judicial officer - Is to arrive at a decision based on facts before him - And apply the applicable law - Judicial precedent rule need not be strictly applied - Where discretion is being exercised (H3) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

JUDICIAL PRECEDENTS - Distinguishing - 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

JUDICIAL PRECEDENTS - Distinguishing - Badejo case is distinguishable - From the facts of the instant case - Seeing that in Badejo - Interest of the entire nation was at stake - Unlike in this case (H1) Adeogun v. Fashogbon (2008) 5 KLR (pt. 255) p. 2205; (2008) 17 NWLR (Pt. 1115) 149

JUDICIAL PRECEDENTS - Distinguishing - Trespass - Waiver - The facts of Adebanjo v. Brown are inapplicable here - Unlike the instant plaintiff - Plaintiff in Adebanjo actually came to an agreement with the trespasser - Which was partially implemented before the suit (H1) Chukwuma v. Ifeloye (2008) 12 KLR (pt. 261) p. 3761; (2008) 18 NWLR (Pt. 1118) 204

JUDICIAL PRECEDENTS - Effiong case - 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

JUDICIAL PRECEDENTS - Justice - Ekwunife case - That was not decided per incuriam - Still remains good law and binding - Save Supreme Court judicially departs from it (H10) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

JUDICIAL PRECEDENTS - Pleadings - Amendment - Stage of the proceedings - Refusal of amendment in this case for being too late - Is erroneous - As amendment brought after close of evidence on both sides - Was allowed in Oguntimehin case (H2) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

JUDICIAL PRECEDENTS - Stare decisis - Applicability of - Cases of International Drilling Co. Ltd., and Jackson - Are materially distinguishable - From the facts of the instant case (H4) Shena Security Ltd. v. Afropak Ltd (2008) 5 KLR (pt. 254) p. 2125; (2008) 18 NWLR (Pt. 1118) 77

JUDICIAL PRECEDENTS - Stare decisis - Call for departure - Attitude of courts - As departure from a decision of court is a major judicial exercise - Which if done often will ruin the stable rules of judicial precedent - Courts will not do so just for the asking (H8) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

JUDICIAL PRECEDENTS - 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

JUDICIAL PRECEDENTS - Trade unions - Registration - Osawe case - Where there is a registered trade union - That carters for the union seeking registration as in this case - Refusal to register the new union - Was rightly upheld by the Court of Appeal (H1) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

JUDICIAL PRECEDENTS - Ugwu case - Elections - Candidates - Substitution of - By a political party - Stating error as the reason - Did not meet requirement of s. 34 (2) of Electoral Act 2006 - That provided for cogent and verifiable reason - As held in Ugwu v. Araraume case (H3) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

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

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

JURISDICTION - 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

JURISDICTION - Actions - Competence - Pre-action notice - Where not given as statutorily provided - The suit/proceedings is a nullity - No matter 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

JURISDICTION - 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

JURISDICTION - Actions - 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

JURISDICTION - 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

JURISDICTION - Appeals - 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

JURISDICTION - 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

JURISDICTION - 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

JURISDICTION - 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

JURISDICTION - Constitution - Elections - Ss. 178 & 285 (2) of 1999 Constitution - Cannot be construed to destroy court’s jurisdiction in pre-election 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

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

JURISDICTION - 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

JURISDICTION - 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

JURISDICTION - 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

JURISDICTION - Courts - Judgments - When a court is said to be competent - Includes when it is properly constituted - Previous decision binds present appellant - Who is deemed to be a privy (H7) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

JURISDICTION - Courts - Monetary jurisdiction - Whether exceeded - There is uncontroverted evidence that annual rental value of property in issue is N15,000 - Trial magistrate did not exceed his powers therefore - By assuming jurisdiction (H1) Joyland v. Wemabod Estates Ltd (2008) 6 KLR (pt. 257) p. 2727; (2008) 17 NWLR (Pt. 1117) 649

JURISDICTION - Courts - Proceedings without jurisdiction - Effect of - No matter how well conducted - Proceedings by a court - That lacks jurisdiction - Over the relevant subject matter - Are a nullity (H3) Okereke v. Yar’adua (2008) 5 KLR (pt. 254) p. 2039; (2008) 12 NWLR (Pt. 1100) 95

JURISDICTION - Courts - Sources of - Ordinarily the Constitution and the statutes are the sources - But in a military regime it is the Decrees and Edicts - As a Decree was capable of suspending, modifying or abrogating the Constitution (H2) A-G Federation v. Abubakar (2008) 12 KLR (pt. 261) p. 3983; (2008) 16 NWLR (Pt. 1112) 135

JURISDICTION - 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

JURISDICTION - Election tribunals - Scope of - Election tribunal which is a special tribunal - Created by the Constitution to handle post-election disputes - Has no jurisdiction over pre-election disputes - Such as substitution of candidates (H8) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

JURISDICTION - Elections - Pre-election disputes - 1999 Constitution, s. 251 (1) (r) - The Federal High Court has exclusive jurisdiction to hear and determine pre-election disputes - Including disputes on submission of names of and substitution of names of nominated candidates (H2) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

JURISDICTION - Elections - Pre-election 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

JURISDICTION - Extent - 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

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

JURISDICTION - 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 NWLR (Pt. 1114) 427

JURISDICTION - Invocation of - 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 Farms Ltd v. NAC Bank Ltd (2008) 4 KLR (pt. 253) p. 1803; (2008) 11 NWLR (Pt. 1098) 412

JURISDICTION - Issue of - 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

JURISDICTION - Issue of - Primacy of - Issue of Jurisdiction when raised - Being a threshold question - Must be resolved first - Before further proceedings - Even under undefended list procedure (H6) Owners of MV “Arabella” v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

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

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

JURISDICTION - 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

JURISDICTION - Judicial review - 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

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

JURISDICTION - Limits - Duty of courts - Is to expound the limits of their jurisdiction not to expand it - As jurisdiction is a matter of hard and rigid law (H3) A-G Federation v. Abubakar (2008) 12 KLR (pt. 261) p. 3983; (2008) 16 NWLR (Pt. 1112) 135

JURISDICTION - Objection to - Manner of raising - It is different from a demurrer - Can be raised without filing pleadings and resolved before further steps - As rightly done by defendant herein (H1) Nika Fishing Co. Ltd v. Lavina Corporation (2008) 7 KLR (pt. 258) p. 2855; (2008) 16 NWLR (Pt. 1114) 509

JURISDICTION - Ouster - Failed Banks & Financial Malpractices in Banks Decree, s. 1 (5) - The provision which takes away jurisdiction of courts over matters - In respect of which they had jurisdiction - Is an ouster clause (H1) A-G Federation v. Abubakar (2008) 12 KLR (pt. 261) p. 3983; (2008) 16 NWLR (Pt. 1112) 135

JURISDICTION - Rules of court - Noncompliance with - Proper sanction - Where noncompliance went to the jurisdiction of Court - Proceedings therein - Would be null and void - It is immaterial that defendant participated therein (H3) Owners of MV “Arabella” v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

JURISDICTION - Supreme Court - Judgments - Jurisdiction - To interfere with its final judgment - Falls within a very narrow compass - And cannot be invoked in this case (H3) Obi v. INEC (2008) 1 KLR (pt. 247) p. 443; (2008) 18 NWLR (Pt. 1172) 215

JURISDICTION - Supreme Court - Powers - Rehearing a case as if court of first instance - Vide s. 22 Supreme Court Act - What to consider includes elimination of further delay in the interest of justice - Election cases need invocation of this power (H8) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

JURISPRUDENCE - Appeals - 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 Omoju v. FRN (2008) 2 KLR (pt. 250) p. 1145; (2008) 7 NWLR (Pt. 1085) 38

JURISPRUDENCE - 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

JUSTICE - 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

JUSTICE - 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

JUSTICE - 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

JUSTICE - 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

JUSTICE - 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

JUSTICE - 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

JUSTICE - Appeals - Reversal - Error of lower court - That did not occasion a miscarriage of justice - Cannot ground setting aside of the judgment (H2) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

JUSTICE - 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

JUSTICE - 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

JUSTICE - 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

JUSTICE - 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

JUSTICE - Courts - Technicalities - 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

JUSTICE - Employment - 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

JUSTICE - Judicial precedents - Ekwunife case - That was not decided per incuriam - Still remains good law and binding - Save Supreme Court judicially departs from it (H10) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

JUSTICE - Miscarriage - Proof of - Where employee is dismissed for gross misconduct - It is not for the employee to proof that the proceedings of the panel were prejudicial to him - It suffices that there is a risk of prejudice (H4) Shell Petroleum v. Olarewaju (2008) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

JUSTICE - Miscarriage of - Judgments - Time within which to deliver - Noncompliance - Unless a party shows a resultant miscarriage of justice - Judgment will not be vitiated on appeal (H5) A-G Federation v. Abubakar (2008) 12 KLR (pt. 261) p. 3983; (2008) 16 NWLR (Pt. 1112) 135

JUSTICE - Miscarriage of - What amounts to it - Does not necessarily involve a finding - That a different result would have been reached - It is enough that justice according to law - Is not done (H2) Adebayo v. Attorney-General of Ogun State (2008) 2 KLR (pt. 249) p. 721; (2008) 7 NWLR (Pt. 1085) 201

JUSTICE - 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

JUSTICE - Pleadings - Amendment - Necessity - Trial court’s finding that the desired amendment - Constitutes the main defence to the case - Was a reason to grant it - So as to prevent injustice to defendants (H3) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

JUSTICE - Procedure for - Case file - Scrutinization 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

JUSTICE - Rules of court - Noncompliance - Mere irregularity - Can be waived in the interest of justice - Object of court - Is to decide rights of parties - And not to punish them for mistakes - They make in litigation process (H12) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

JUSTICE - Rules of court - Obedience - Though rules of court are meant to be obeyed - It should not be to the point that justice is destroyed (H13) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

JUSTICE - Rules of natural justice - Breach - Evidence of - There is ample evidence on record - In support of the concurrent findings of the courts below - That there was a breach of the rules of natural justice in the proceedings indicting the respondent (H3) Shell Petroleum v. Olarewaju (2008) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

JUSTICE - Subversion - 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

JUSTICE - Supreme Court - Powers - Rehearing a case as if court of first instance - Vide s. 22 Supreme Court Act - What to consider includes elimination of further delay in the interest of justice - Election cases need invocation of this power (H8) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

JUSTICE - Technicalities - Let justice be done even if the heavens fall - Court can do what has never be done in any case - As adjudicatory power of the court - Will no longer be hindered by adherence to technicalities - (H13) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

JUSTICE - 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

JUSTICE - 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

LABOUR LAW - 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

LAND LAW - Appeals - Issues - Validity - Issues of facts raised without leave - Of either the lower court or the appellate court - Such as issue 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

LAND LAW - Concurrent findings - Boundary dispute - Lower courts’ 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

LAND LAW - Customary tenant - Possessory rights of - He is entitled to possession of the land in perpetuity subject to his good behaviour - Even upon misbehaviour he can only be dispossessed by an action in forfeiture (H3) Salami v. Lawal (2008) 7 KLR (pt. 258) p. 3013; (2008) 14 NWLR (Pt. 1108) 546

LAND LAW - Documents - Illiterates Protection Law s. 3 - Nature of compliance - Strict compliance with the provisions is required - Substantial compliance is insufficient - Especially as between the illiterate and the writer of the document (H2) Ezeigwe v. Awudu (2008) 5 KLR (pt. 255) p. 2277; (2008) 11 NWLR (Pt. 1097) 158

LAND LAW - Documents - Power of Attorney relating to land - Unregistered & not pleaded - Evidential value - It must be registered in order to be pleaded or adduced in evidence - Under land Registration Laws of Niger State s. 15 - As neither was done in this case - Court of Appeal was wrong in giving judgment to plaintiffs (H3) Abubakar v. Waziri (2008) 6 KLR (pt. 257) p. 2667; (2008) 14 NWLR (Pt. 1108) 507

LAND LAW - 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

LAND LAW - Issues - Boundary dispute - Where raised by appellant in his statement of claim - He cannot complain that trial court raised it suo motu (H2) Shekse v. Plankshak (2008) 7 KLR (pt. 258) p. 3045; (2008) 15 NWLR (Pt. 1109) 105

LAND LAW - Land Use Act - Alienation - Governor’s consent - S. 22 (1) of the Act - Clearly makes it unlawful for holder of right of occupancy - To alienate same - Without Governor’s Consent (H5) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

LAND LAW - Land Use Act - Pleadings - Location of the land - Where not pleaded - There can be no evidence to enable the court - To hold that the land is within urban area (H1) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND LAW - 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

LAND LAW - Land Use Act - Title - Root of - Where challenged - Claimant must prove validity of his root of title - And a better title in order to succeed (H8) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND LAW - Land Use Act - Title documents - Rebuttable presumption - Certificate of occupancy - Grant thereof to a person - Entitles him to hold the land to the exclusion of any other person (H2) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

LAND LAW - Law Use Act - 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

LAND LAW - Pleadings - Document of alienation - Parties & court - Are bound by the pleadings - Facts not pleaded ground to no issue - Brilliant argument of counsel - Is no substitute for pleadings and evidence (H4) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

LAND LAW - 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

LAND LAW - Tenancy - Recovery of premises - Landlord who resorts to self-help - To recover possession of premises tenanted by him - Is liable in trespass - And ought to pay damages (H6) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

LAND LAW - Title - Claim for declaration of - Plaintiff is not to rely on weakness of the defence - But evidence from defendant that supports plaintiff’s case - Can be relied upon (H4) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

LAND LAW - Title - Customary grant - Proof - In relation to adjudication custom is question of fact - Which must be pleaded & proved - But plaintiffs failed to plead the dominion of Akarigbo over the land - Which custom they rely on (H1) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

LAND LAW - Title - Declaration of - Is made in favour of the party that proves better title - Defendant/respondent by his pleadings and evidence - Has a better title to the land in dispute (H9) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND LAW - Title - Establishment of - Five ways to do so - Include traditional evidence or document of title (H1) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

LAND LAW - Title - Evidence - 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

LAND LAW - Title - Evidence - Discrepancy - Where plaintiff’s case is substantially as pleaded - Variation in witnesses’ testimony as to year of commencing building - Is not a fatal discrepancy (H6) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

LAND LAW - Title - Land Use Act - Revocation - Vested right - Extinguishing of - Can only be valid where same is revoked under s. 28 of the Act - Notice of which must be served - In accordance with s. 44 of the Act (H7) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND LAW - Title - Land Use Act - Statutory right of occupancy - Grant under s. 5(2) of the Act - Can only defeat existing vested right - If such right was revoked - Otherwise the later right will be invalidated (H4) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND LAW - Title - Land Use Act - Statutory right of occupancy - Can be validly granted by the Governor vide s. 5(1) of the Act - But any existing grant is not thereby extinguished (H3) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND LAW - Title - Land Use Act - Valid title - Certificate of occupancy - Is not a conclusive evidence of a valid title - Proof of better title as in this case - Shall cause the court to set aside the certificate (H6) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND LAW - Title - Land Use Act - Vested rights - Deemed right of occupancy - Cannot be extinguished under s. 5 of the Act - By mere grant of another right - Without its being properly revoked vide s. 28 of the Act - Only existing right like that of a licensee or mortgagee - Can be defeated by mere grant of a right of occupancy (H5) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND LAW - Title - Onus of proof - It is on the party claiming exclusive ownership of family land - To prove that he is entitled to it - As against all other members of the family (H1) Nwavu v. Okoye (2008) 12 KLR (pt. 261) p. 3901; (2008) 18 NWLR (Pt. 1118) 29

LAND LAW - Title - Presumption - Acts of ownership over adjoining undisputed land - Were rightly relied on by trial court - In holding that plaintiff is also owner of the portion in dispute - Vide s. 46 of Evidence Act (H8) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

LAND LAW - Title - Proof - Burden and standard of proof of each case - Depends on the pleadings - Defendant’s admission in this case - Makes proof of plaintiff’s root of title unnecessary (H3) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

LAND LAW - 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

LAND LAW - 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

LAND LAW - Title - Root - Burden of proof - Is on the defendant/appellant by the state of pleadings - To proof his overlord’s root of title (H5) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

LAND LAW - Trespass - Admission - Where appellant admits in his statement of claim - That respondents are in lawful possession - He cannot rightly bring trespass action against them (H1) Shekse v. Plankshak (2008) 7 KLR (pt. 258) p. 3045; (2008) 15 NWLR (Pt. 1109) 105

LAND LAW - Trespass - Ingredients - Action for trespass is sustained by proof of possession and defendant’s trespass - It is not dependent on a successful claim of title by plaintiff - As rightly held by trial judge herein (H1) Salami v. Lawal (2008) 7 KLR (pt. 258) p. 3013; (2008) 14 NWLR (Pt. 1108) 546

LAND LAW - Trespass - Possession - Incidence - The law attaches possession to title - Trespasser in possession of a land which title vests in another - Cannot acquire any possession recognised at law - By his own wrongful act (H3) Carrena v. Akinlase (2008) 6 KLR (pt. 257) p. 2699; (2008) 14 NWLR (Pt. 1107) 262

LAND LAW - Trespass - Right of action - Waiver - Merely negotiating with trespasser is not enough evidence - To support the conclusion that plaintiff had waived the trespass committed on her land (H3) Chukwuma v. Ifeloye (2008) 12 KLR (pt. 261) p. 3761; (2008) 18 NWLR (Pt. 1118) 204

LAND LAW - Trespass - Trespass - Trespasser in possession - Status of - He is entitled to keep his possession against the whole world - Except a person who can show a better title than himself (H2) Salami v. Lawal (2008) 7 KLR (pt. 258) p. 3013; (2008) 14 NWLR (Pt. 1108) 546

LAND LAW - Trespass - Waiver - Applicability - It will not apply so long as the trespasser be not misled into carrying out further developments - After discovery of the trespassory entry on the land (H2) Chukwuma v. Ifeloye (2008) 12 KLR (pt. 261) p. 3761; (2008) 18 NWLR (Pt. 1118) 204

LAND USE ACT - Alienation - Governor’s consent - S. 22 (1) of the Act - Clearly makes it unlawful for holder of right of occupancy - To alienate same - Without Governor’s Consent (H5) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

LAND USE ACT - Pleadings - Location of the land - Where not pleaded - There can be no evidence to enable the court - To hold that the land is within urban area (H1) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND USE ACT - 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

LAND USE ACT - Revocation - Vested right - Extinguishing of - Can only be valid where same is revoked under s. 28 of the Act - Notice of which must be served - In accordance with s. 44 of the Act (H7) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

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

LAND USE ACT - Statutory right of occupancy - Grant under s. 5(2) of the Act - Can only defeat existing vested right - If such right was revoked - Otherwise the later right will be invalidated (H4) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND USE ACT - Statutory right of occupancy - Can be validly granted by the Governor vide s. 5(1) of the Act - But any existing grant is not thereby extinguished (H3) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND USE ACT - Title - Declaration of - Is made in favour of the party that proves better title - Defendant/respondent by his pleadings and evidence - Has a better title to the land in dispute (H9) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND USE ACT - Title - Root of - Where challenged - Claimant must prove validity of his root of title - And a better title in order to succeed (H8) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND USE ACT - Title documents - Rebuttable presumption - Certificate of occupancy - Grant thereof to a person - Entitles him to hold the land to the exclusion of any other person (H2) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

LAND USE ACT - Valid title - Certificate of occupancy - Is not a conclusive evidence of a valid title - Proof of better title as in this case - Shall cause the court to set aside the certificate (H6) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LAND USE ACT - Vested rights - Deemed right of occupancy - Cannot be extinguished under s. 5 of the Act - By mere grant of another right - Without its being properly revoked vide s. 28 of the Act - Only existing right like that of a licensee or mortgagee - Can be defeated by mere grant of a right of occupancy (H5) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

LANDLORD & TENANT - Courts - Monetary jurisdiction - Whether exceeded - There is uncontroverted evidence that annual rental value of property in issue is N15,000 - Trial magistrate did not exceed his powers therefore - By assuming jurisdiction (H1) Joyland v. Wemabod Estates Ltd (2008) 6 KLR (pt. 257) p. 2727; (2008) 17 NWLR (Pt. 1117) 649

LANDLORD & TENANT - Customary tenant - Possessory rights of - He is entitled to possession of the land in perpetuity subject to his good behaviour - Even upon misbehaviour he can only be dispossessed by an action in forfeiture (H3) Salami v. Lawal (2008) 7 KLR (pt. 258) p. 3013; (2008) 14 NWLR (Pt. 1108) 546

LANDLORD & TENANT - 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

LANDLORD & TENANT - Trespass - Liability for - Landlord who resorts to self-help - To recover possession of premises tenanted by him - Is liable in trespass - And ought to pay damages (H6) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

LEASES - Contracts - 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

LEASES - 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

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

LEGAL PRACTITIONERS - 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

LEGAL PRACTITIONERS - 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

LEGAL PRACTITIONERS - Argument - Parties & court - Are bound by the pleadings - Facts not pleaded ground to no issue - Brilliant argument of counsel - Is no substitute for pleadings and evidence (H4) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

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

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

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

MALICIOUS PROSECUTION - Torts - False imprisonment - Defamation - Do not avail appellant - As a result of his prosecution by the police - For theft of respondent’s lorries (H2) Isheno v. Julius Berger Plc (2008) 2 KLR (pt. 250) p. 1059; (2008) 6 NWLR (Pt. 1084) 582

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

MARITIME LAW - 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

MASTER & SERVANT - Actions - 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

MASTER & SERVANT - 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

MASTER & SERVANT - Contracts - Types - Determinant factors that court 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

MASTER & SERVANT - 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

MASTER & SERVANT - 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

MASTER & SERVANT - Employment contract - Actions - Pre-action notice - Applicability of - Fact that plaintiff’s claim is founded on contract - Does not preclude the application of the requirement - For service of pre-action notice (H2) Ntiero v. NPA (2008) 5 KLR (pt. 255) p. 2313; (2008) 10 NWLR (Pt. 1094) 129

MASTER & SERVANT - Entitlements - Due to employee declared redundant - And one retired are almost same in this case - Court will not interfere with employer’s discretion in declaring appellant redundant - Without any justifiable cause (H4) Isheno v. Julius Berger Plc (2008) 2 KLR (pt. 250) p. 1059; (2008) 6 NWLR (Pt. 1084) 582

MASTER & SERVANT - 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

MASTER & SERVANT - Miscarriage - Proof of - Where employee is dismissed for gross misconduct - It is not for the employee to proof that the proceedings of the panel were prejudicial to him - It suffices that there is a risk of prejudice (H4) Shell Petroleum v. Olarewaju (2008) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

MASTER & SERVANT - 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

MASTER & SERVANT - 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

MASTER & SERVANT - Termination - Admission - 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

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

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

MASTER & SERVANT - Torts - Liability - Employment relationship - Status - An employee is not merely an agent but a joint tort-feasor - With his employer for purposes of liability (H1) Iyere v. Bendel Feed & Flour Mill Ltd (2008) 12 KLR (pt. 261) p. 3837; (2008) 18 NWLR (Pt. 1119) 300

MASTER & SERVANT - Torts - Vicarious liability - Ingredients - It is necessary to prove that the servant has been guilty of a breach of duty - Towards the person injured - To make the master liable (H3) Iyere v. Bendel Feed & Flour Mill Ltd (2008) 12 KLR (pt. 261) p. 3837; (2008) 18 NWLR (Pt. 1119) 300

MATRIMONIAL ISSUES - Land matters - 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

MORTGAGES - 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

MORTGAGES - 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

MOTIONS - 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

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

MOTIONS - Appeals - 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

MOTIONS - Appeals - Refusal of motion 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

MOTIONS - Appeals - 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

MOTIONS - Appeals - 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

MOTIONS - 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

MOTIONS - 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

MOTIONS - Competence - 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

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

MOTIONS - Election petitions - Practice Directions 2007 - Purport of paragraph 6 - Moving of motions are prohibited thereby - Except at pre-hearing sessions - Or where extreme circumstances are shown - Which is not the case herein (H2) Okereke v. Yar’adua (2008) 5 KLR (pt. 254) p. 2039; (2008) 12 NWLR (Pt. 1100) 95

MOTIONS - 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

MOTIONS - Interlocutory applications - Merit of the matter - Should not be gone into - Lest there be nothing left to be determined - After hearing of the case (H5) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008) 2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

MOTIONS - 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

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

MOTIONS - Pleadings - Amendment - Stage of the proceedings - Refusal of amendment in this case for being too late - Is erroneous - As amendment brought after close of evidence on both sides - Was allowed in Oguntimehin case (H2) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

MOTIONS - Pleadings - Amendment - Court’s discretion - Principles to consider as to whether to grant the application - Include whether applicant is acting malafide (H1) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

MOTIONS - Pleadings - Better particulars - Issues - Where clearly joined by the parties - Application for further and better particulars will be refused - For being unnecessary (H11) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

MOTIONS - 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

MOTIONS - Substance of - Is what court must pursue - Appellants’ quarrel with lower court’s use of phrase - That properly brings out substance of the motion - Is too technical (H16) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

MURDER - Accidents - 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

MURDER - Appeals - 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

MURDER - Conviction - Absence of corpus delicti - Accused can be convicted for murder - If there is strong unequivocal evidence that the victim is dead - Notwithstanding the absence of corpus delicti (H1) Ochemaje v. State (2008) 6 KLR (pt. 256) p. 2605; (2008) 15 NWLR (Pt. 1109) 57

MURDER - Conviction - Confessional statement - That is voluntary, direct and positive - Was rightly relied upon by trial court - In convicting appellant for murder (H5) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

MURDER - Conviction - 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

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

MURDER - Defences - Justification - Does not avail appellant - Conditions for its application - Include good faith - Believing the act is justified by law - Ignorance of the law - Does not procure justification (H7) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

MURDER - Defences - Penal Code, s. 221 - Provocation - Applicability of - Defence of provocation - Is inapplicable - For even if appellant was provoked by what he heard - Much time did elapse - For him to have regained control (H2) Annabi v. State (2008) 5 KLR (pt. 254) p. 1957; (2008) 13 NWLR (Pt. 1103) 179

MURDER - Defences - Penal Code, s. 45 - Justification - Applicability of - Defence of justification is inapplicable - For assuming what accused heard was true - It would not entitle him to kill the deceased (H1) Annabi v. State (2008) 5 KLR (pt. 254) p. 1957; (2008) 13 NWLR (Pt. 1103) 179

MURDER - Defences - Provocation - To avail accused he must show inter alia - Loss of self control, actual and reasonable - And proportionate degree of retaliation (H8) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

MURDER - Defences - Provocation - Where insulting words uttered are not known - And they were not uttered to accused - Defence of provocation cannot be considered (H9) Kaza v. State (2008) 2 KLR (pt. 249) p. 815; (2008) 7 NWLR (Pt. 1085) 125

MURDER - Defences - Self defence - Application of - All an accused is required to do is raise the defence - Prosecution then has the burden of showing that it does not apply by the evidence called - As it did in this case (H1) Omoregie v. State (2008) 12 KLR (pt. 260) p. 3731; (2008) 18 NWLR (Pt. 1119) 464

MURDER - Evidence - Conviction - Co-accused - Discredited evidence on same facts - Cannot on appeal ground conviction of co-accused - 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

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

MURDER - Proof - 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

MURDER - Proof - Culpable homicide punishable with death - Ingredients - Prosecution must prove human death caused by intentional or reckless act of accused - Cause and intention being inferred from surrounding circumstances - As in this case (H2) Michael v. State (2008) 6 KLR (pt. 256) p. 2563; (2008) 13 NWLR (Pt. 1104) 361

MURDER - Proof - Facts prosecution must prove beyond reasonable doubt - Include that it was accused person’s omission - That caused the death of deceased (H1) Idiok v. State (2008) 4 KLR (pt. 252) p. 1589; (2008) 13 NWLR (Pt. 1104) 225

MURDER - Proof - To secure conviction - Prosecution must prove three coexisting ingredients - Which include death of the deceased (H1) Yaki v. State (2008) 7 KLR (pt. 258) p. 3077; (2008) 15 NWLR (Pt. 1109) 173

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

MURDER - Provocation - Ingredients of - To succeed in a plea of provocation - Accused must not only show actual loss of control - But also show that any reasonable man - Of his station in life - Would have lost control (H3) Annabi v. State (2008) 5 KLR (pt. 254) p. 1957; (2008) 13 NWLR (Pt. 1103) 179

MURDER - Self defence - Injury from deceased - Accused person who caused death in self defence - Should show his injury as justification to his act - At earliest opportunity - Which appellant failed to do (H2) Omoregie v. State (2008) 12 KLR (pt. 260) p. 3731; (2008) 18 NWLR (Pt. 1119) 464

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

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

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

NEGLIGENCE - Vicarious liability - Ingredients - It is necessary to prove that the servant has been guilty of a breach of duty - Towards the person injured - To make the master liable (H3) Iyere v. Bendel Feed & Flour Mill Ltd (2008) 12 KLR (pt. 261) p. 3837; (2008) 18 NWLR (Pt. 1119) 300

NO CASE SUBMISSION - 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

NO CASE SUBMISSION - Meaning - It means that there is no evidence - On which even if court believes it could 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

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

ORDERS OF COURT - 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

ORDERS OF COURT - 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

ORDERS OF COURT - 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

ORDERS OF COURT - 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

ORDERS OF COURT - Appeals - Retrial - 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

ORDERS OF COURT - 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

ORDERS OF COURT - 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

ORDERS OF COURT - Conditional orders - Functus officio - Applicability - A court cannot be functus officio by giving an anticipatory order - Which is conditional to the possible implementation of the order - As in this case the order admitting the documents subject to later objections (H10) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

ORDERS OF COURT - 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

ORDERS OF COURT - Contract of employment - 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

ORDERS OF COURT - 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

ORDERS OF COURT - 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

ORDERS OF COURT - Dismissal order - Propriety of - Where 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

ORDERS OF COURT - Disobedience to - Liability for - A party cannot be held - Liable for disobedience to court order - If the disobeying conduct - Comes before the order of court - As there is nothing to disobey at the material time (H4) Akinpelu v. Adegbore (2008) 4 KLR (pt. 252) p. 1533; (2008) 10 NWLR (Pt. 1096) 531

ORDERS OF 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

ORDERS OF COURT - 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

ORDERS OF COURT - Nature of - Chieftaincy matters - Striking out order - Such order does not finally determine - Respective rights of parties in an action - These rights remain pending and can be subsequently revived (H3) Owoh v. Asuk (2008) 5 KLR (pt. 254) p. 2105; (2008) 16 NWLR (Pt. 1112) 113

ORDERS OF COURT - 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

ORDERS OF COURT - 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

ORDERS OF COURT - 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

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

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

p. 1615

PARTIES - 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

PARTIES - Actions - 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

PARTIES - 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

PARTIES - 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

PARTIES - 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

PARTIES - Concession - 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

PARTIES - 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

PARTIES - 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

PARTIES - 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

PARTIES - 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

PARTIES - Estoppel - Res judicata - Presupposes that a final decision - On same subject matter - Cannot be contradicted by any of the parties - It arises under about three given situations (H2) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

PARTIES - Estoppel - Title - Privity - 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

PARTIES - Evidence - Evaluation of - Witnesses - Testimony of interested parties - Court has a duty to approach with caution - Evaluation of evidence led by parties - Who may have their own interests to serve (H5) State v. Azeez (2008) 4 KLR (pt. 253) p. 1679; (2008) 14 NWLR (Pt. 1108) 439

PARTIES - Evidence - Facts - Burden of proof - Is placed on a party who would otherwise fail - And on the person who wishes the court to believe - On the existence of that fact - Save where the fact is admitted (H2) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

PARTIES - 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

PARTIES - Honesty - 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

PARTIES - Interests - 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

PARTIES - Interrogatories - Definition - They are pretrial discovery device - Written questions submitted by one party to the other (H4) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PARTIES - 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) 6 KLR (pt. 256) p. 2645

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

PARTIES - Joinder - Effect - Having been joined as parties by intervention & having prosecuted the case to finality - Chief Arowolo & those substituted for him are bound by the out come of the case (H2) Carrena v. Akinlase (2008) 6 KLR (pt. 257) p. 2699; (2008) 14 NWLR (Pt. 1107) 262

PARTIES - Joinder - 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

PARTIES - Joinder of - 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

PARTIES - Joint liability - Where several persons are jointly liable - The plaintiff is at liberty to select and sue anyone for the full claim - Issue of contribution is their internal affairs (H5) Iyere v. Bendel Feed & Flour Mill Ltd (2008) 12 KLR (pt. 261) p. 3837; (2008) 18 NWLR (Pt. 1119) 300

PARTIES - 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

PARTIES - Orders of court - Disobedience to - Liability for - A party cannot be held - Liable for disobedience to court order - If the disobeying conduct - Comes before the order of court - As there is nothing to disobey at the material time (H4) Akinpelu v. Adegbore (2008) 4 KLR (pt. 252) p. 1533; (2008) 10 NWLR (Pt. 1096) 531

PARTIES - 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

PARTIES - Plaintiffs - Representative actions - 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

PARTIES - Pleadings - Better particulars - Issues - Where clearly joined by the parties - Application for further and better particulars will be refused - For being unnecessary (H11) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PARTIES - Pleadings - Further and better particulars - Purpose and object of asking for it - By a party - Is to make pleadings exact and narrow the issues (H10) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PARTIES - Pleadings - Parties & court - Are bound by the pleadings - Facts not pleaded ground to no issue - Brilliant argument of counsel - Is no substitute for pleadings and evidence (H4) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

PARTIES - Practice & Procedure - Rules - Noncompliance - Objection thereto - Need to raise timeously - Where an action has been started by an irregular procedure - A party who took part in the proceedings without prior objection - Cannot be heard later to complain of the irregularity (H3) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

PARTIES - Privy - Courts - Judgments - Jurisdiction - When a court is said to be competent - Includes when it is properly constituted - Previous decision binds present appellant - Who is deemed to be a privy (H7) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

PARTIES - 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

PARTIES - Record of proceedings - Binding effect of - Parties and courts - Are bound by the record of proceedings - Which in this case has no evidence - Of motion being moved or granted (H1) Ogli Oko Farms Ltd v. NAC Bank Ltd (2008) 4 KLR (pt. 253) p. 1803; (2008) 11 NWLR (Pt. 1098) 412

PARTIES - Representative actions - Plaintiffs - At cross purposes - Power of court in such suits - High Court Rules of Eastern Nigeria O. VI, rr. 1 & 3 - Empowers Court to resolve dispute - By ordering joinder of parties - According to perceived interests (H2) Ejezie v. Nwabueze (2008) 4 KLR (pt. 253) p. 1733; (2008) 12 NWLR (Pt. 1101) 446

PARTIES - 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

PARTIES - Rules of court - Noncompliance - Mere irregularity - Can be waived in the interest of justice - Object of court - Is to decide rights of parties - And not to punish them for mistakes - They make in litigation process (H12) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PARTIES - Statutes - Observance - 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

PLEADINGS - 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

PLEADINGS - 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

PLEADINGS - 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

PLEADINGS - Actions - Proof - 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

PLEADINGS - 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

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

PLEADINGS - Amendment - Court’s discretion - Principles to consider as to whether to grant the application - Include whether applicant is acting malafide (H1) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

PLEADINGS - Amendment - Necessity - Trial court’s finding that the desired amendment - Constitutes the main defence to the case - Was a reason to grant it - So as to prevent injustice to defendants (H3) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

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

PLEADINGS - Amendment - Stage of the proceedings - Refusal of amendment in this case for being too late - Is erroneous - As amendment brought after close of evidence on both sides - Was allowed in Oguntimehin case (H2) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

PLEADINGS - Appeals - Retrial - 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

PLEADINGS - Averments - Admissions - How determined - In considering whether an averment is admitted - Court must consider the totality of the relevant paragraph - Bearing in mind that admissions must be unequivocal, not speculative (H27) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

PLEADINGS - Averments - Binding effect of - Parties are bound by their pleadings - Any evidence by a party contrary to his averments goes to no issue - As does the evidence of grant led by plaintiffs herein (H4) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

PLEADINGS - Averments - Clarity - Necessity of - Pleadings must not be evasive - It must be cogent and pungent - Court should not allow evidence in respect of facts not pleaded - Or those not clearly pleaded (H2) Abubakar v. Waziri (2008) 6 KLR (pt. 257) p. 2667; (2008) 14 NWLR (Pt. 1108) 507

PLEADINGS - Better particulars - Issues - Where clearly joined by the parties - Application for further and better particulars will be refused - For being unnecessary (H11) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PLEADINGS - 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

PLEADINGS - Courts - Records - Discretion - Reliance on facts not contained in the records - In refusing amendment of pleadings - Is not judicial and judicious exercise of discretion (H4) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

PLEADINGS - Cross examination - Evidence elicited under cross examination - Based on facts not pleaded - Is inadmissible and goes to no issue (H2) Okwejiminor v. Gbakeji (2008) 1 KLR (pt. 248) p. 609; (2008) 5 NWLR (Pt. 1079) 172

PLEADINGS - Estoppel - By judgment - Plea of - How made - Though estoppel by judgment - Has to be specifically pleaded - It is not required to be pleaded in any form - Therefore once it is pleaded - Court should consider both res judicata and issue estoppel (H1) Ikotun v. Oyekanmi (2008) 4 KLR (pt. 253) p. 1777; (2008) 10 NWLR (Pt. 1094) 100

PLEADINGS - Estoppel - Effect of the plea - Estoppel prevents a party - From proving facts in contradiction to his earlier acts - As such it is a shield never a sword - It has no place in a statement of claim (H3) Ikotun v. Oyekanmi (2008) 4 KLR (pt. 253) p. 1777; (2008) 10 NWLR (Pt. 1094) 100

PLEADINGS - Evidence - Proof - Custom - Requirements - In relation to adjudication custom is question of fact - Which must be pleaded & proved - But plaintiffs failed to plead the dominion of Akarigbo over the land - Which custom they rely on (H1) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

PLEADINGS - 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

PLEADINGS - Fraud - Allegation of - Must be specifically pleaded - Before a party can rely on fraud (H7) Ezenwa v. Oko (2008) 1 KLR (pt. 248) p. 589; (2008) 3 NWLR (Pt. 1075) 610

PLEADINGS - Further and better particulars - Purpose and object of asking for it - By a party - Is to make pleadings exact and narrow the issues (H10) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PLEADINGS - Interrogatories - Fishing and oppressive interrogatories - Party who has categorically denied a fact vide pleadings - Should not be interrogated thereupon - And court will not allow mala fide interrogatories (H6) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PLEADINGS - Issue estoppel - Evidence Act, s. 55(1) - Purport of the section - Is meant to allow for the plea of issue estoppel - Where a plea of res judicata is not technically possible - As in the instant case (H4) Ikotun v. Oyekanmi (2008) 4 KLR (pt. 253) p. 1777; (2008) 10 NWLR (Pt. 1094) 100

PLEADINGS - Issue estoppel - Evidential requirements - Unlike in a plea of res judicata - A party relying on issue estoppel - Need not prove - That the res, the claims and the parties - Are the same in the previous suit - As in subsequent suit (H2) Ikotun v. Oyekanmi (2008) 4 KLR (pt. 253) p. 1777; (2008) 10 NWLR (Pt. 1094) 100

PLEADINGS - Land matters - Issues - Boundary dispute - Where raised by appellant in his statement of claim - He cannot complain that trial court raised it suo motu (H2) Shekse v. Plankshak (2008) 7 KLR (pt. 258) p. 3045; (2008) 15 NWLR (Pt. 1109) 105

PLEADINGS - Land matters - Parties & court - Are bound by the pleadings - Facts not pleaded ground to no issue - Brilliant argument of counsel - Is no substitute for pleadings and evidence (H4) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

PLEADINGS - Land Use Act - Location of the land - Where not pleaded - There can be no evidence to enable the court - To hold that the land is within urban area (H1) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

PLEADINGS - Land Use Act - Title - Root of - Where challenged - Claimant must prove validity of his root of title - And a better title in order to succeed (H8) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

PLEADINGS - Motions - 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

PLEADINGS - Negligence - 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

PLEADINGS - Power of Attorney relating to land - Unregistered & not pleaded - Evidential value - It must be registered in order to be pleaded or adduced in evidence - Under land Registration Laws of Niger State s. 15 - As neither was done in this case - Court of Appeal was wrong in giving judgment to plaintiffs (H3) Abubakar v. Waziri (2008) 6 KLR (pt. 257) p. 2667; (2008) 14 NWLR (Pt. 1108) 507

PLEADINGS - Proof - 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

PLEADINGS - 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

PLEADINGS - Reply - Purpose and function - Include to answer new issues raised in the defence - Filing a reply to merely join issues - Is not permissible (H9) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

PLEADINGS - Reply to defence - Nature - It is defence of plaintiff to the case put forward by defendant - Plaintiff must not raise new ground of claim or allegation of fact therein - For such will be bad pleading in law - As in the instant case (H2) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

PLEADINGS - Statement of claim - 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

PLEADINGS - Statement of claim - General damages - Nature of - They are items of loss which plaintiff need not specify in pleadings - In order to recover compensation - They are presumed by law in favour of plaintiff (H1) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

PLEADINGS - Statement of claim - 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

PLEADINGS - Statement of claim - Special damages - Nature of - They consist in items of loss - Which plaintiff must specify in pleadings - Before he is allowed to prove them at trial - They result from particular circumstances of the case (H2) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

PLEADINGS - Statute of limitation - Failure to plead - Effect - Statute of limitation must be specifically pleaded to be relied on where it applies - But it does not apply in this case as claim is founded on continuing trespass (H2) Oyebamiji v. Lawanson (2008) 7 KLR (pt. 258) p. 2991; (2008) 15 NWLR (Pt. 1109) 122

PLEADINGS - Title - Declaration of - Is made in favour of the party that proves better title - Defendant/respondent by his pleadings and evidence - Has a better title to the land in dispute (H9) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

PLEADINGS - Title - Proof - Burden and standard of proof of each case - Depends on the pleadings - Defendant’s admission in this case - Makes proof of plaintiff’s root of title unnecessary (H3) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

PLEADINGS - Title - Root - Burden of proof - Is on the defendant/appellant by the state of pleadings - To proof his overlord’s root of title (H5) Anukam v. Anukam (2008) 2 KLR (pt. 249) p. 745; (2008) 5 NWLR (Pt. 1081) 455

PLEADINGS - Trespass - Admission - Where appellant admits in his statement of claim - That respondents are in lawful possession - He cannot rightly bring trespass action against them (H1) Shekse v. Plankshak (2008) 7 KLR (pt. 258) p. 3045; (2008) 15 NWLR (Pt. 1109) 105

POLICE - 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

POLICE - 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

POLICE - 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

POLICE - 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

POLICE - Torts - Damages for - False imprisonment - Malicious prosecution - Defamation - Do not avail appellant - As a result of his prosecution by the police - For theft of respondent’s lorries (H2) Isheno v. Julius Berger Plc (2008) 2 KLR (pt. 250) p. 1059; (2008) 6 NWLR (Pt. 1084) 582

POLICE - Torts - Unlawful arrest - Instigation of police - Liability of complainant - There is a distinction between mere report of an incident to police - And instigating the police to arrest - As the appellant was found to have done in this case (H5) Shell Petroleum v. Olarewaju (2008) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

POLITICAL PARTIES - Expulsion - Proof - Sufficiency - Expulsion of 1st respondent was not satisfactorily proved - From the nature of evidence before the trial court - Exhibit NAS 4 ought reasonably to have mentioned the expulsion - If it were true but did not (H2) Pam v. Mohammed (2008) 5 KLR (pt. 255) p. 2363; (2008) 16 NWLR (Pt. 1112) 1

POLITICS - Actions - Justiciability - Elections - Pre-election 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

POLITICS - Candidacy - Constitution - 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

POLITICS - Crime - Investigation & prosecution of - should not be politicized - 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

POLITICS - Election candidates - Constitution - 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

POLITICS - Election petitions - Unlawful exclusion - Proof of - A petitioner alleging unlawful exclusion - Must plead and prove facts showing inter alia - That his name was not included in the list of candidates - The instant petitioner failed to do so (H3) Abubakar v. Yar’adua (2008) 12 KLR (pt. 259) p. 3161; (2008) 4 NWLR (Pt. 1078) 465

POLITICS - Election petitions - Validity of elections - Grounds of challenge - Electoral Act 2006, s. 145 (1) - Ground of unlawful exclusion is mutually exclusive - With the rest of the grounds provided in the section - As it presupposes non-participation in the elections while the rest presuppose actual participation (H1) Abubakar v. Yar’adua (2008) 12 KLR (pt. 259) p. 3161; (2008) 4 NWLR (Pt. 1078) 465

POLITICS - Election petitions - Validity of elections - Grounds of challenge - Reliance on mutually exclusive grounds - Effect - It amounts to a petitioner approbating and reprobating - And has the effect of destroying his alternative case by his alternative evidence (H4) Abubakar v. Yar’adua (2008) 12 KLR (pt. 259) p. 3161; (2008) 4 NWLR (Pt. 1078) 465

POLITICS - Elections - Candidates - Nominations - Power of political parties - Whatever method adopted - Nomination of candidates to be sponsored by a political party - Remains within the absolute jurisdiction of respective parties - To the exclusion of courts (H4) Ehinlanwo v. Oke (2008) 6 KLR (pt. 256) p. 2493; (2008) 16 NWLR (Pt. 1113) 357

POLITICS - Elections - Candidates - Sponsorship by political parties - Implication of - In the true sense of the letter and spirit of s. 221 of 1999 Constitution - It is the political parties that sponsor candidates that are the real winners or losers in an election - Not the candidate (H13) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

POLITICS - Elections - Candidates - Substitution - Political party’s primary election results - Is binding on the parties vide s. 85 Electoral Act 2006 - Reason given for substituting appellant - Is untrue and unverifiable (H1) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

POLITICS - Elections - Candidates - Substitution of - By a political party - Stating error as the reason - Did not meet requirement of s. 34 (2) of Electoral Act 2006 - That provided for cogent and verifiable reason - As held in Ugwu v. Araraume case (H3) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

POLITICS - Elections - Candidates - Substitution of - Validity - It is settled that once the reasons given for the change - Are not cogent and verifiable the case fails - The reason given in the instant case is neither cogent nor verifiable (H11) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

POLITICS - Elections - Candidates - Substitutions - Cogency of reason - Reason that a name was submitted “without enough information” is neither cogent nor verifiable - As such it does not satisfy statutory requirements (H6) Ehinlanwo v. Oke (2008) 6 KLR (pt. 256) p. 2493; (2008) 16 NWLR (Pt. 1113) 357

POLITICS - Elections - Candidates - Substitutions - Electoral Act 2006, s. 34 (2) - It is mandatory that party seeking substitution must provide cogent and verifiable reasons for it - It also has the burden of proving valid substitution when challenged (H5) Ehinlanwo v. Oke (2008) 6 KLR (pt. 256) p. 2493; (2008) 16 NWLR (Pt. 1113) 357

POLITICS - Elections - Jurisdiction - Pre-election 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

POLITICS - 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

POLITICS - Elections - Party primaries - Substitution of a candidate - On the ground that his name was sent “without enough information” - Does not comply with the mandatory provisions of s. 34 (1) & (2) Electoral Act 2006 (H6) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

POLITICS - 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

POLITICS - Elections - Post-election disputes - Purport of - In contrast to pre-election disputes - Post-election disputes arise from the holding of elections or return of elected candidates - They cover such grounds as qualification or unlawful exclusion of candidates among others (H7) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

POLITICS - Elections - Pre-election disputes - Jurisdiction - 1999 Constitution, s. 251 (1) (r) - The Federal High Court has exclusive jurisdiction to hear and determine pre-election disputes - Including disputes on submission of names of and substitution of names of nominated candidates (H2) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

POLITICS - Elections - Presidential candidates - Qualifications - Challenge to - Proper time to raise - The proper time to challenge the qualification of a presidential candidate - Should be after the conduct of election and the announcement of result (H23) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

POLITICS - Elections - Substitution of candidates - Validity - Purported substitution of 1st respondent is invalid - As Exhibit NAS 4 did not give any reason - Contrary to requirements of s. 34 (1) & (2) of the Electoral Act 2006 (H1) Pam v. Mohammed (2008) 5 KLR (pt. 255) p. 2363; (2008) 16 NWLR (Pt. 1112) 1

POLITICS - Elections - Unlawful exclusion - Electoral Act 2006, s. 145 (1) (d) - Import - The phrase contemplates the literal exclusion of a validly nominated candidate - It does not admit of constructive or implied exclusion (H2) Abubakar v. Yar’adua (2008) 12 KLR (pt. 259) p. 3161; (2008) 4 NWLR (Pt. 1078) 465

POLITICS - Elections - Waiver - Party primaries - Guidelines that provide for wining 50% of the total votes - Is deemed waived in this case (H7) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

POLITICS - Eligibility - 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

POLITICS - 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

POWER OF ATTORNEY - 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

PRACTICE & PROCEDURE - Actions - Commencement - Pre-action 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Actions - Competence - Pre-action notice - Where not given as statutorily provided - The suit/proceedings is a nullity - No matter 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Actions - Period of Limitation - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Appeals - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Court - 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

PRACTICE & PROCEDURE - Court of Appeal - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Courts - Justice - Technicalities - Let justice be done even if the heavens fall - Court can do what has never be done in any case - As adjudicatory power of the court - Will no longer be hindered by adherence to technicalities - (H13) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Crime - Evidence of - Standard of proof - Allegation of crime - Where directly in issue as in the instant case - Must be specifically pleaded and proved beyond reasonable doubt - Respondents did not do so (H3) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

PRACTICE & PROCEDURE - Depositions - Objections thereto - When to raise - If an objection is not radical like objection on jurisdiction - Such objection must be raised at the earliest opportunity - Or the party may be deemed to have accepted the state of things - And so be estopped (H19) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Discontinuance - Notice of - Filed on or after hearing date was fixed - Makes leave of court necessary - And trial court may grant or refuse the application - On terms as the case may require (H2) Umeanadu v. A-G Anambra State (2008) 3 KLR (pt. 251) p. 1373; (2008) 9 NWLR (Pt. 1091) 175

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Documents - Admissibility - When to rule thereon - A court need not wait for final address of parties to rule an admissibility of a document - It may rule thereon at the point it is sought to be tendered - Though it always has power to reconsider its ruling when writing judgment (H15) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

PRACTICE & PROCEDURE - Election petitions - Pre-hearing session - Failure to apply for - Under Election Tribunal and Court Practice directions 2007 - Failure to apply for pre-hearing session - As in the instant case - Robs court of all jurisdiction - Except that of dismissing the petition (H1) Okereke v. Yar’adua (2008) 5 KLR (pt. 254) p. 2039; (2008) 12 NWLR (Pt. 1100) 95

PRACTICE & PROCEDURE - Estoppel by conduct - Import of - Practice directions - Once a party has intimated that he consents to an act - As appellant in this case has consented to use of the practice directions - He cannot later be allowed to question the legality of that act (H5) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

PRACTICE & PROCEDURE - Evidence - Admissibility - 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

PRACTICE & PROCEDURE - Evidence - Notary public - Powers - Limitations thereto - No notary public shall exercise any of his powers - Including the power to administer oaths or to attest and certify documents - In any matter in which he is interested (H13) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

PRACTICE & PROCEDURE - Evidence - Proof - Standard - Flexibility of - There is no absolute standard of proof be it in civil or criminal trial - The more serious the allegation the higher the standard of proof to eliminate its unlikelihood (H2) Shell Petroleum v. Olarewaju (2008) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Interlocutory applications - Merit of the matter - Should not be gone into - Lest there be nothing left to be determined - After hearing of the case (H5) Duwin Pharm. Ltd v. Beneks Pharm. Ltd (2008) 2 KLR (pt. 249) p. 775; (2008) 4 NWLR (Pt. 1077) 376

PRACTICE & PROCEDURE - Interrogatories - Definition - They are pretrial discovery device - Written questions submitted by one party to the other Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1 (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Interrogatories - Nature - Aim and objective - Is to uphold case of the applicant - And destroy that of his opponent - To elicit admissions from the opponent (H5) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Jurisdiction - Objection to - Manner of raising - It is different from a demurrer - Can be raised without filing pleadings and resolved before further steps - As rightly done by defendant herein (H1) Nika Fishing Co. Ltd v. Lavina Corporation (2008) 7 KLR (pt. 258) p. 2855; (2008) 16 NWLR (Pt. 1114) 509

PRACTICE & PROCEDURE - Leave - Notice of discontinuance - Where filed after action has been fixed for hearing - Trial court rightly ignored it - As leave was not sought and obtained - The action remains pending (H3) Umeanadu v. A-G Anambra State (2008) 3 KLR (pt. 251) p. 1373; (2008) 9 NWLR (Pt. 1091) 175

PRACTICE & PROCEDURE - Lispendens doctrine - Purport of - It prevents effective 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Orders of court - Dismissal order - Propriety of - Where 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Parties - Joinder - Effect - Having been joined as parties by intervention & having prosecuted the case to finality - Chief Arowolo & those substituted for him are bound by the out come of the case (H2) Carrena v. Akinlase (2008) 6 KLR (pt. 257) p. 2699; (2008) 14 NWLR (Pt. 1107) 262

PRACTICE & PROCEDURE - Parties - Joint tort-feasors - Where several persons are jointly liable - The plaintiff is at liberty to select and sue anyone for the full claim - Issue of contribution is their internal affairs (H5) Iyere v. Bendel Feed & Flour Mill Ltd (2008) 12 KLR (pt. 261) p. 3837; (2008) 18 NWLR (Pt. 1119) 300

PRACTICE & PROCEDURE - Parties - Representative actions - Plaintiffs - At cross purposes - Power of court in such suits - High Court Rules of Eastern Nigeria O. VI, rr. 1 & 3 - Empowers Court to resolve dispute - By ordering joinder of parties - According to perceived interests (H2) Ejezie v. Nwabueze (2008) 4 KLR (pt. 253) p. 1733; (2008) 12 NWLR (Pt. 1101) 446

PRACTICE & PROCEDURE - Pleadings - Amendment - Stage of the proceedings - Refusal of amendment in this case for being too late - Is erroneous - As amendment brought after close of evidence on both sides - Was allowed in Oguntimehin case (H2) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Pleadings - Amendment - Court’s discretion - Principles to consider as to whether to grant the application - Include whether applicant is acting malafide (H1) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Pleadings - Averments - Clarity - Necessity of - Pleadings must not be evasive - It must be cogent and pungent - Court should not allow evidence in respect of facts not pleaded - Or those not clearly pleaded (H2) Abubakar v. Waziri (2008) 6 KLR (pt. 257) p. 2667; (2008) 14 NWLR (Pt. 1108) 507

PRACTICE & PROCEDURE - Pleadings - Better particulars - Issues - Where clearly joined by the parties - Application for further and better particulars will be refused - For being unnecessary (H11) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PRACTICE & PROCEDURE - Pleadings - Courts - Records - Discretion - Reliance on facts not contained in the records - In refusing amendment of pleadings - Is not judicial and judicious exercise of discretion (H4) Akaninwo v. Nsirim (2008) 1 KLR (pt. 248) p. 481; (2008) 9 NWLR (Pt. 1093) 439

PRACTICE & PROCEDURE - Pleadings - Fraud - Allegation of - Must be specifically pleaded - Before a party can rely on fraud (H7) Ezenwa v. Oko (2008) 1 KLR (pt. 248) p. 589; (2008) 3 NWLR (Pt. 1075) 610

PRACTICE & PROCEDURE - Pleadings - Further and better particulars - Purpose and object of asking for it - By a party - Is to make pleadings exact and narrow the issues (H10) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PRACTICE & PROCEDURE - Pleadings - Reply - Purpose and function - Include to answer new issues raised in the defence - Filing a reply to merely join issues - Is not permissible (H9) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

PRACTICE & PROCEDURE - Pleadings - Reply to defence - Nature - It is defence of plaintiff to the case put forward by defendant - Plaintiff must not raise new ground of claim or allegation of fact therein - For such will be bad pleading in law - As in the instant case (H2) Olubodun v. Lawal (2008) 6 KLR (pt. 257) p. 2787; (2008) 17 NWLR (Pt. 1115) 1

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Practice directions - Legal status - They have force of law in the same way as rules of court - Being themselves part of rules of court - But they are subordinate to the Constitution and to statutes - In our hierarchy of laws (H3) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

PRACTICE & PROCEDURE - Practice directions - Meaning of - They could be described as a written explanation of how to proceed in a particular area of law - In a particular court - Which explanation is declared by the relevant authority - In this case the president of Court of Appeal (H2) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

PRACTICE & PROCEDURE - Practice directions - Rules of court - Obedience - Justice - Though rules of court are meant to be obeyed - It should not be to the point that justice is destroyed (H13) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Rules - Noncompliance - Objection thereto - Need to raise timeously - Where an action has been started by an irregular procedure - A party who took part in the proceedings without prior objection - Cannot be heard later to complain of the irregularity (H3) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

PRACTICE & PROCEDURE - Rules of court - Noncompliance - Mere irregularity - Can be waived in the interest of justice - Object of court - Is to decide rights of parties - And not to punish them for mistakes - They make in litigation process (H12) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

PRACTICE & PROCEDURE - Rules of court - Noncompliance with - Proper sanction - Where noncompliance went to the jurisdiction of Court - Proceedings therein - Would be null and void - It is immaterial that defendant participated therein (H3) Owners of MV “Arabella” v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

PRACTICE & PROCEDURE - 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

PRACTICE & PROCEDURE - Undefended list - Issue of jurisdiction - Primacy of - Issue of Jurisdiction when raised - Being a threshold question - Must be resolved first - Before further proceedings - Even under undefended list procedure (H6) Owners of MV “Arabella” v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

PRACTICE & PROCEDURE - Unusual procedure - By parties’ consent - 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

PRACTICE & PROCEDURE - Writ of possession - Issuance - Propriety - In view of the subsisting judgment vesting title over the land in the plaintiffs - They were free to apply for writ of possession to give effect thereto - Court of Appeal was therefore wrong to set aside the writ (H4) Carrena v. Akinlase (2008) 6 KLR (pt. 257) p. 2699; (2008) 14 NWLR (Pt. 1107) 262

PRACTICE & PROCEDURE - 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

PROPERTY LAW - 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

PROPERTY LAW - Equity - Trust - Resulting trust - Arises in two sets of circumstances - It is based upon the unexpressed - But presumed intention of the true owner (H3) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

PROPERTY LAW - Equity - Trust - Resulting trust - Property - Where purchased in the name of another - There is a presumption that that other person - Holds the property for the benefit of the persons - That advanced money for the purchase of the property (H4) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

PROPERTY LAW - Lispendens doctrine - Purport of - It prevents effective 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

REGISTRATION OF INSTRUMENTS - Power of Attorney relating to land - Unregistered & not pleaded - Evidential value - It must be registered in order to be pleaded or adduced in evidence - Under land Registration Laws of Niger State s. 15 - As neither was done in this case - Court of Appeal was wrong in giving judgment to plaintiffs (H3) Abubakar v. Waziri (2008) 6 KLR (pt. 257) p. 2667; (2008) 14 NWLR (Pt. 1108) 507

RES JUDICATA - Estoppel - By judgment - Plea of - How made - Though estoppel by judgment - Has to be specifically pleaded - It is not required to be pleaded in any form - Therefore once it is pleaded - Court should consider both res judicata and issue estoppel (H1) Ikotun v. Oyekanmi (2008) 4 KLR (pt. 253) p. 1777; (2008) 10 NWLR (Pt. 1094) 100

RES JUDICATA - Estoppel by record - Judgments in personam - Meaning - For plea of estoppel by judgment to succeed - Defendant will show inter alia - Sameness of subject matter (H3) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

RES JUDICATA - Implications - It presupposes that a final decision - On same subject matter - Cannot be contradicted by any of the parties - It arises under about three given situations (H2) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

RES JUDICATA - Sameness of subject matter - Correct findings of trial court confirmed by the Court of Appeal - That the land in dispute is same - Will not be disturbed (H6) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

RULES OF COURT - Appeals - Affidavits - 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

RULES OF COURT - 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

RULES OF COURT - 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

RULES OF COURT - Appeals - 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

RULES OF COURT - 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

RULES OF COURT - Applicability - Judgment Enforcement Rules O. IV, r. I (1) & (2) provisions - Do not apply to enforcement of judgment - For the payment of money (H3) Olatunji v. Owena Bank Plc (2008) 4 KLR (pt. 253) p. 1829; (2008) 8 NWLR (Pt. 1090) 668

RULES OF COURT - 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

RULES OF COURT - 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

RULES OF COURT - Discontinuance - Notice of - Filed on or after hearing date was fixed - Makes leave of court necessary - And trial court may grant or refuse the application - On terms as the case may require (H2) Umeanadu v. A-G Anambra State (2008) 3 KLR (pt. 251) p. 1373; (2008) 9 NWLR (Pt. 1091) 175

RULES OF COURT - Election petitions - Motions - Practice Directions 2007 - Purport of paragraph 6 - Moving of motions are prohibited thereby - Except at pre-hearing sessions - Or where extreme circumstances are shown - Which is not the case herein (H2) Okereke v. Yar’adua (2008) 5 KLR (pt. 254) p. 2039; (2008) 12 NWLR (Pt. 1100) 95

RULES OF COURT - 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

RULES OF COURT - High Court Rules, Oyo State O. 25 r. 6 - Statute of limitation - Failure to plead - Effect - Statute of limitation must be specifically pleaded to be relied on where it applies - But it does not apply in this case as claim is founded on continuing trespass (H2) Oyebamiji v. Lawanson (2008) 7 KLR (pt. 258) p. 2991; (2008) 15 NWLR (Pt. 1109) 122

RULES OF COURT - Issues - Supreme Court Rules, 0.8 r. 12(2) - 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

RULES OF COURT - 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

RULES OF COURT - Noncompliance - Mere irregularity - Can be waived in the interest of justice - Object of court - Is to decide rights of parties - And not to punish them for mistakes - They make in litigation process (H12) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

RULES OF COURT - Noncompliance - Objection thereto - Need to raise timeously - Where an action has been started by an irregular procedure - A party who took part in the proceedings without prior objection - Cannot be heard later to complain of the irregularity (H3) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

RULES OF COURT - Noncompliance with - Proper sanction - Where noncompliance went to the jurisdiction of Court - Proceedings therein - Would be null and void - It is immaterial that defendant participated therein (H3) Owners of MV “Arabella” v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

RULES OF COURT - Noncompliance with - Effect of - Rules of Court - Partake of the nature of subsidiary legislations - And have force of law - Noncompliance therewith - Must therefore be punished (H1) Owners of MV “Arabella” v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

RULES OF COURT - 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

RULES OF COURT - Obedience - Justice - Though rules of court are meant to be obeyed - It should not be to the point that justice is destroyed (H13) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

RULES OF COURT - 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

RULES OF COURT - Parties - Representative actions - Plaintiffs - At cross purposes - Power of court in such suits - High Court Rules of Eastern Nigeria O. VI, rr. 1 & 3 - Empowers Court to resolve dispute - By ordering joinder of parties - According to perceived interests (H2) Ejezie v. Nwabueze (2008) 4 KLR (pt. 253) p. 1733; (2008) 12 NWLR (Pt. 1101) 446

RULES OF COURT - 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

RULES OF COURT - Practice directions - Legal status - They have force of law in the same way as rules of court - Being themselves part of rules of court - But they are subordinate to the Constitution and to statutes - In our hierarchy of laws (H3) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

RULES OF COURT - Supreme Court Rules, O. 2 r. 31 - 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

RULES OF COURT - Waiver - 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

SALE OF GOODS - Debts - Interest - Significance - Definition and types of interest - It is capable of bearing variegation meanings and concepts - It connotes compensation for the use of borrowed money (H1) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

SALE OF GOODS - 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

SPECIFIC - PERFORMANCE - Leases - 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

SPECIFIC PERFORMANCE - Contracts - Leases - 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

SPECIFIC PERFORMANCE - Contracts - 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

STATUTES - 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

STATUTES - Actions - Competence - Pre-action notice - Where not given as statutorily provided - The suit/proceedings is a nullity - No matter 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

STATUTES - 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

STATUTES - 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

STATUTES - Actions - 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

STATUTES - Appeals - Court of Appeal Act, s. 25(2) - Interlocutory appeals - 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

STATUTES - Applicability of - Fundamental Rights (Enforcement Procedure) Rules 1979 - 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

STATUTES - Application of - Courts - Discretion - Judicial officer - Is to arrive at a decision based on facts before him - And apply the applicable law - Judicial precedent rule need not be strictly applied - Where discretion is being exercised (H3) Suleman v. COP Plateau State (2008) 3 KLR (pt. 251) p. 1337; (2008) 8 NWLR (Pt. 1089) 298

STATUTES - Chieftaincy - 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

STATUTES - Compliance - 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

STATUTES - Compliance - Illiterates Protection Law s. 3 - Nature of compliance - Strict compliance with the provisions is required - Substantial compliance is insufficient - Especially as between the illiterate and the writer of the document (H2) Ezeigwe v. Awudu (2008) 5 KLR (pt. 255) p. 2277; (2008) 11 NWLR (Pt. 1097) 158

STATUTES - Compliance with - Elections - Substitution of candidates - Validity - Purported substitution of 1st respondent is invalid - As Exhibit NAS 4 did not give any reason - Contrary to requirements of s. 34 (1) & (2) of the Electoral Act 2006 (H1) Pam v. Mohammed (2008) 5 KLR (pt. 255) p. 2363; (2008) 16 NWLR (Pt. 1112) 1

STATUTES - Compliance with - Land Use Act - Revocation - Vested right - Extinguishing of - Can only be valid where same is revoked under s. 28 of the Act - Notice of which must be served - In accordance with s. 44 of the Act (H7) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

STATUTES - Constitution - 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

STATUTES - Construction - Interpretation - Ss. 178 & 285 (2) of 1999 Constitution - Cannot be construed to destroy court’s jurisdiction in pre-election 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

STATUTES - Construction of - Land Use Act - Vested rights - Deemed right of occupancy - Cannot be extinguished under s. 5 of the Act - By mere grant of another right - Without its being properly revoked vide s. 28 of the Act - Only existing right like that of a licensee or mortgagee - Can be defeated by mere grant of a right of occupancy (H5) Adole v. Gwar (2008) 4 KLR (pt. 252) p. 1443; (2008) 11 NWLR (Pt. 1099) 562

STATUTES - 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

STATUTES - Courts - Discretion - Exercise of - To be proper - It must be honest and in the spirit of the applicable statute - Or else it will be set aside (H1) Ebe v. COP (2008) 1 KLR (pt. 246) p. 1; (2008) 4 NWLR (Pt. 1076) 189

STATUTES - Courts - Mistake - Appeals - 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

STATUTES - Courts - Powers - Supreme Court Act s. 22 - 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

STATUTES - Elections - Candidates - Substitution - Political party’s primary election results - Is binding on the parties vide s. 85 Electoral Act 2006 - Reason given for substituting appellant - Is untrue and unverifiable (H1) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

STATUTES - Elections - Jurisdiction - Pre-election 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

STATUTES - 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

STATUTES - 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

STATUTES - Interpretation - Clear mandatory provision - 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

STATUTES - Interpretation - Constitution - 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

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

STATUTES - Interpretation - Land Use Act - Alienation - Governor’s consent - S. 22 (1) of the Act - Clearly makes it unlawful for holder of right of occupancy - To alienate same - Without Governor’s Consent (H5) Calabar Central Co-operative Thrift & Credit Ltd v. Ekpo (2008) 2 KLR (pt. 250) p. 963; (2008) 6 NWLR (Pt. 1083) 362

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

STATUTES - Interpretation & Construction - Elections - Party primaries - Substitution of a candidate - On the ground that his name was sent “without enough information” - Does not comply with the mandatory provisions of s. 34 (1) & (2) Electoral Act 2006 (H6) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

STATUTES - Interpretation Act, s. 18(1) - Rules of court - Noncompliance with - Effect of - Rules of Court - Partake of the nature of subsidiary legislations - And have force of law - Noncompliance therewith - Must therefore be punished (H1) Owners of MV “Arabella” v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

STATUTES - Judgments - Effective date of - Payment of money - Sheriffs and Civil Process Act s. 20(1) - Judgment of court to pay money - Takes effect from the day it is given - Unless it is otherwise ordered by the court (H2) Olatunji v. Owena Bank Plc (2008) 4 KLR (pt. 253) p. 1829; (2008) 8 NWLR (Pt. 1090) 668

STATUTES - Jurisdiction - 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

STATUTES - Labour Act - 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

STATUTES - Limitation - 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

STATUTES - Observance - 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

STATUTES - 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

STATUTES - Preclusion - Actions - Pre-action 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

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

STATUTES - Procedure - Subversion - Statutory bodies - 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

STATUTES - Recourse to - Courts - Issues - Suo motu raising of - The principle - Cannot preclude a Judge from applying principles - Not referred to by counsel - Or from having recourse to any relevant law (H5) Nigercare v. Adamwa State Water Board (2008) 3 KLR (pt. 251) p. 1297; (2008) 9 NWLR (Pt. 1093) 498

STATUTES - Requirement of - Election candidates - Substitution of - By a political party - Stating error as the reason - Did not meet requirement of s. 34 (2) of Electoral Act 2006 - That provided for cogent and verifiable reason - As held in Ugwu v. Araraume case (H3) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

STATUTES - Sodomy - Definition - Offence against the order of nature - Carnal knowledge and penetration - Have different meanings - Under sodomy, s. 81 Armed Forces Decree 1993 (H3) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

STAY OF PROCEEDINGS - 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

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

SUPREME COURT - 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

SUPREME COURT - 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

SUPREME COURT - 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

SUPREME COURT - 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

SUPREME COURT - 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

SUPREME COURT - 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

SUPREME COURT - 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

SUPREME COURT - 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

SUPREME COURT - 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

SUPREME COURT - Concurrent findings - Boundary dispute - Lower courts’ 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

SUPREME COURT - Decisions - Effect - Finality of Supreme Court decisions in civil proceedings - Is absolute unless specifically set aside by later legislation - Which was not the case herein (H3) Ojo v. Olawore (2008) 6 KLR (pt. 256) p. 2645

SUPREME COURT - 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

SUPREME COURT - Evidence - Locus in quo visit - Principles in respect of - Are stated by the Supreme Court in Enigwe case - Appellant was not able to show - That non recording of proceedings at the locus in quo - Adversely affected his case (H4) Shekse v. Plankshak (2008) 7 KLR (pt. 258) p. 3045; (2008) 15 NWLR (Pt. 1109) 105

SUPREME COURT - Interference - 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

SUPREME COURT - Interrogatories - Questions asked - Relevance of - Where found relevant by the Supreme Court - Are ordered to be answered (H8) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

SUPREME COURT - Issues - 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

SUPREME COURT - Judgments - Jurisdiction - To interfere with its final judgment - Falls within a very narrow compass - And cannot be invoked in this case (H3) Obi v. INEC (2008) 1 KLR (pt. 247) p. 443; (2008) 18 NWLR (Pt. 1172) 215

SUPREME COURT - 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

SUPREME COURT - Judicial precedents - Justice - Ekwunife case - That was not decided per incuriam - Still remains good law and binding - Save Supreme Court judicially departs from it (H10) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

SUPREME COURT - Justice - 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

SUPREME COURT - 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

SUPREME COURT - Motions - 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

SUPREME COURT - 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

SUPREME COURT - Powers - Rehearing a case as if court of first instance - Vide s. 22 Supreme Court Act - What to consider includes elimination of further delay in the interest of justice - Election cases need invocation of this power (H8) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

SUPREME COURT - Powers of - Supreme Court Act, s. 22 - Applicability - The section is applicable where the lower court failed - To decide an issue which it had power to decide - And in respect of which there was evidence before it (H12) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

TECHNICALITIES - Appeals - 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

TECHNICALITIES - Courts - Justice - Let justice be done even if the heavens fall - Court can do what has never be done in any case - As adjudicatory power of the court - Will no longer be hindered by adherence to technicalities - (H13) Amaechi v. INEC (2008) 1 KLR (pt. 247) p. 237; (2008) 5 NWLR (Pt. 1080) 227

TECHNICALITIES - 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

TECHNICALITIES - 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

TECHNICALITIES - Motions - Substance of - Is what court must pursue - Appellants’ quarrel with lower court’s use of phrase - That properly brings out substance of the motion - Is too technical (H16) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

TECHNICALITIES - 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

TORTS - Damages - 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

TORTS - Damages for - False imprisonment - Malicious prosecution - Defamation - Do not avail appellant - As a result of his prosecution by the police - For theft of respondent’s lorries (H2) Isheno v. Julius Berger Plc (2008) 2 KLR (pt. 250) p. 1059; (2008) 6 NWLR (Pt. 1084) 582

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

TORTS - Liability - Employment relationship - Status - An employee is not merely an agent but a joint tort-feasor - With his employer for purposes of liability (H1) Iyere v. Bendel Feed & Flour Mill Ltd (2008) 12 KLR (pt. 261) p. 3837; (2008) 18 NWLR (Pt. 1119) 300

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

TORTS - 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

TORTS - 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

TORTS - Negligence - Vicarious liability - Ingredients - It is necessary to prove that the servant has been guilty of a breach of duty - Towards the person injured - To make the master liable (H3) Iyere v. Bendel Feed & Flour Mill Ltd (2008) 12 KLR (pt. 261) p. 3837; (2008) 18 NWLR (Pt. 1119) 300

TORTS - Parties - Joint tort-feasors - Where several persons are jointly liable - The plaintiff is at liberty to select and sue anyone for the full claim - Issue of contribution is their internal affairs (H5) Iyere v. Bendel Feed & Flour Mill Ltd (2008) 12 KLR (pt. 261) p. 3837; (2008) 18 NWLR (Pt. 1119) 300

TORTS - 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

TORTS - Tenancy - Recovery of premises - Landlord who resorts to self-help - To recover possession of premises tenanted by him - Is liable in trespass - And ought to pay damages (H6) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

TORTS - Trespass - Ingredients - Action for trespass is sustained by proof of possession and defendant’s trespass - It is not dependent on a successful claim of title by plaintiff - As rightly held by trial judge herein (H1) Salami v. Lawal (2008) 7 KLR (pt. 258) p. 3013; (2008) 14 NWLR (Pt. 1108) 546

TORTS - Trespass - Possession - Incidence - The law attaches possession to title - Trespasser in possession of a land which title vests in another - Cannot acquire any possession recognised at law - By his own wrongful act (H3) Carrena v. Akinlase (2008) 6 KLR (pt. 257) p. 2699; (2008) 14 NWLR (Pt. 1107) 262

TORTS - Trespass - Right of action - Waiver - Merely negotiating with trespasser is not enough evidence - To support the conclusion that plaintiff had waived the trespass committed on her land (H3) Chukwuma v. Ifeloye (2008) 12 KLR (pt. 261) p. 3761; (2008) 18 NWLR (Pt. 1118) 204

TORTS - Trespass - Trespasser in possession - Status of - He is entitled to keep his possession against the whole world - Except a person who can show a better title than himself (H2) Salami v. Lawal (2008) 7 KLR (pt. 258) p. 3013; (2008) 14 NWLR (Pt. 1108) 546

TORTS - Trespass - Waiver - Applicability - It will not apply so long as the trespasser be not misled into carrying out further developments - After discovery of the trespassory entry on the land (H2) Chukwuma v. Ifeloye (2008) 12 KLR (pt. 261) p. 3761; (2008) 18 NWLR (Pt. 1118) 204

TORTS - Unlawful arrest - Instigation of police - Liability of complainant - There is a distinction between mere report of an incident to police - And instigating the police to arrest - As the appellant was found to have done in this case (H5) Shell Petroleum v. Olarewaju (2008) 12 KLR (pt. 259) p. 3421; (2008) 18 NWLR (Pt. 1118) 1

TORTS - Vicarious liability - Extent - An employer can not escape liability on ground that he did not authorize the injurious manner - In which his employee did an otherwise lawful work (H2) Iyere v. Bendel Feed & Flour Mill Ltd (2008) 12 KLR (pt. 261) p. 3837; (2008) 18 NWLR (Pt. 1119) 300

TORTS - Vicarious liability - Limits of - Where the act of an employee is such that even if lawful - It would not have been within the scope of his employment - The employer is not bound - Unless he ratifies the act (H4) Iyere v. Bendel Feed & Flour Mill Ltd (2008) 12 KLR (pt. 261) p. 3837; (2008) 18 NWLR (Pt. 1119) 300

TRADE UNIONS - 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

TRADE UNIONS - 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

TRADE UNIONS - Actions - 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

TRADE UNIONS - 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

TRADE UNIONS - Registration - Judicial precedents - Where there is a registered trade union - That carters for the union seeking registration as in this case - Refusal to register the new union - Was rightly upheld by the Court of Appeal (H1) Reg. Trustees Health v. Medical Workers (2008) 1 KLR (pt. 248) p. 655; (2008) 2 NWLR (Pt. 1072) 575

TRADE UNIONS - 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

TRESPASS - Ingredients - Action for trespass is sustained by proof of possession and defendant’s trespass - It is not dependent on a successful claim of title by plaintiff - As rightly held by trial judge herein (H1) Salami v. Lawal (2008) 7 KLR (pt. 258) p. 3013; (2008) 14 NWLR (Pt. 1108) 546

TRESPASS - Liability for - Landlord who resorts to self-help - To recover possession of premises tenanted by him - Is liable in trespass - And ought to pay damages (H6) Akinkugbe v. Ewulum Holdings Ltd (2008) 4 KLR (pt. 252) p. 1499; (2008) 11 NWLR (Pt. 1098) 375

TRESPASS - Pleadings - Admission - Where appellant admits in his statement of claim - That respondents are in lawful possession - He cannot rightly bring trespass action against them (H1) Shekse v. Plankshak (2008) 7 KLR (pt. 258) p. 3045; (2008) 15 NWLR (Pt. 1109) 105

TRESPASS - Possession - Incidence - The law attaches possession to title - Trespasser in possession of a land which title vests in another - Cannot acquire any possession recognised at law - By his own wrongful act (H3) Carrena v. Akinlase (2008) 6 KLR (pt. 257) p. 2699; (2008) 14 NWLR (Pt. 1107) 262

TRESPASS - Right of action - Waiver - Merely negotiating with trespasser is not enough evidence - To support the conclusion that plaintiff had waived the trespass committed on her land (H3) Chukwuma v. Ifeloye (2008) 12 KLR (pt. 261) p. 3761; (2008) 18 NWLR (Pt. 1118) 204

TRESPASS - Waiver - Applicability - It will not apply so long as the trespasser be not misled into carrying out further developments - After discovery of the trespassory entry on the land (H2) Chukwuma v. Ifeloye (2008) 12 KLR (pt. 261) p. 3761; (2008) 18 NWLR (Pt. 1118) 204

TRIBUNALS - 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

TRIBUNALS - Election tribunals - Jurisdiction - Scope of - Election tribunal which is a special tribunal - Created by the Constitution to handle post-election disputes - Has no jurisdiction over pre-election disputes - Such as substitution of candidates (H8) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

TRIBUNALS - 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

TRIBUNALS - Judgments - Time within which to deliver - Noncompliance - Unless a party shows a resultant miscarriage of justice - Judgment will not be vitiated on appeal (H5) A-G Federation v. Abubakar (2008) 12 KLR (pt. 261) p. 3983; (2008) 16 NWLR (Pt. 1112) 135

TRUSTS - Resulting trust - Arises in two sets of circumstances - It is based upon the unexpressed - But presumed intention of the true owner (H3) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

TRUSTS - 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

TRUSTS - Resulting trust - Property - Where purchased in the name of another - There is a presumption that that other person - Holds the property for the benefit of the persons - That advanced money for the purchase of the property (H4) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

UNDEFENDED SUITS - Jurisdiction - Issue of - 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

UNDEFENDED SUITS - Jurisdiction - Issue of Jurisdiction when raised - Being a threshold question - Must be resolved first - Before further proceedings - Even under undefended list procedure (H6) Owners of MV “Arabella” v. N.A.I.C. (2008) 5 KLR (pt. 254) p. 1977; (2008) 11 NWLR (Pt. 1097) 182

WAIVER - 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

WAIVER - 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

WAIVER - 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

WAIVER - Equity - Elections - Party primaries - Guidelines that provide for wining 50% of the total votes - Is deemed waived in this case (H7) Odedo v. INEC (2008) 7 KLR (pt. 258) p. 2887; (2008) 17 NWLR (Pt. 1117) 554

WAIVER - Rules of court - Noncompliance - Mere irregularity - Can be waived in the interest of justice - Object of court - Is to decide rights of parties - And not to punish them for mistakes - They make in litigation process (H12) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

WAIVER - Torts - Trespass - Waiver - Applicability - It will not apply so long as the trespasser be not misled into carrying out further developments - After discovery of the trespassory entry on the land (H2) Chukwuma v. Ifeloye (2008) 12 KLR (pt. 261) p. 3761; (2008) 18 NWLR (Pt. 1118) 204

WAIVER - Trespass - Right of action - Waiver - Merely negotiating with trespasser is not enough evidence - To support the conclusion that plaintiff had waived the trespass committed on her land (H3) Chukwuma v. Ifeloye (2008) 12 KLR (pt. 261) p. 3761; (2008) 18 NWLR (Pt. 1118) 204

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

WORDS & PHRASES - 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

WORDS & PHRASES - 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

WORDS & PHRASES - 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

WORDS & PHRASES - Accident - 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

WORDS & PHRASES - 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

WORDS & PHRASES - Actions - Pre-action 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

WORDS & PHRASES - Actions - 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

WORDS & PHRASES - 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

WORDS & PHRASES - 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

WORDS & PHRASES - Bail - 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

WORDS & PHRASES - 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

WORDS & PHRASES - Confessional statement - Definition - Voluntariness issue - Does not arise - Where the statement under consideration is not confessional (H6) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

WORDS & PHRASES - Constitution - 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

WORDS & PHRASES - 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

WORDS & PHRASES - Estoppel - Definition - Creation of can be in several ways - Three kinds recognised by common law include estoppel by record (H1) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

WORDS & PHRASES - Evidence - Evaluation - Involvement - It entails assessment of evidence & assigning value thereto - It involves a reasoned acceptance or rejection of the evidence adduced by the parties - This is lacking in the judgment of the trial court (H3) Lagga v. Sarhuna (2008) 6 KLR (pt. 257) p. 2739; (2008) 16 NWLR (Pt. 1114) 427

WORDS & PHRASES - Executory judgments - Meaning of - 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

WORDS & PHRASES - Filing of process - Implications - Jurisdiction of court to determine a matter - Is invoked by filing appropriate process - This implies payment of appropriate filing fees (H3) Ogli Oko Farms Ltd v. NAC Bank Ltd (2008) 4 KLR (pt. 253) p. 1803; (2008) 11 NWLR (Pt. 1098) 412

WORDS & PHRASES - Functus officio - Meaning of - It means to become bereft of legal force, having fulfilled ones function and commission - So a judge who has decided a question brought before him becomes functus officio - And cannot review the decision (H9) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

WORDS & PHRASES - 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

WORDS & PHRASES - Grounds of appeal - 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

WORDS & PHRASES - 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

WORDS & PHRASES - 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

WORDS & PHRASES - Interest - Significance - Definition and types of interest - It is capable of bearing variegation meanings and concepts - It connotes compensation for the use of borrowed money (H1) Veepee Ind. Ltd v. Cocoa Ind. Ltd (2008) 4 KLR (pt. 253) p. 1871; (2008) 13 NWLR (Pt. 1105) 486

WORDS & PHRASES - 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

WORDS & PHRASES - Interrogatories - Definition - They are pretrial discovery device - Written questions submitted by one party to the other (H4) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

WORDS & PHRASES - 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

WORDS & PHRASES - Judicial commission - Not same as court of law - Governor’s Office - 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

WORDS & PHRASES - Motions - Substance of - Is what court must pursue - Appellants’ quarrel with lower court’s use of phrase - That properly brings out substance of the motion - Is too technical (H16) Abubakar v. Yar’dua (2008) 1 KLR (pt. 246) p. 1; (2008) 18 NWLR (Pt. 1120) 1

WORDS & PHRASES - Post-election disputes - Purport of - In contrast to pre-election disputes - Post-election disputes arise from the holding of elections or return of elected candidates - They cover such grounds as qualification or unlawful exclusion of candidates among others (H7) Agbakoba v. INEC (2008) 12 KLR (pt. 259) p. 3333; (2008) 18 NWLR (Pt. 1119) 489

WORDS & PHRASES - Practice directions - Meaning of - They could be described as a written explanation of how to proceed in a particular area of law - In a particular court - Which explanation is declared by the relevant authority - In this case the president of Court of Appeal (H2) Buhari v. INEC (2008) 12 KLR (pt. 260) p. 3461; (2008) 18 NWLR (Pt. 1120) 246

WORDS & PHRASES - 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

WORDS & PHRASES - Reply - Purpose and function - Include to answer new issues raised in the defence - Filing a reply to merely join issues - Is not permissible (H9) Unity Bank Plc v. Bouari (2008) 2 KLR (pt. 249) p. 909; (2008) 7 NWLR (Pt. 1086) 372

WORDS & PHRASES - Res judicata - Estoppel by record - Judgments in personam - Meaning - For plea of estoppel by judgment to succeed - Defendant will show inter alia - Sameness of subject matter (H3) Agbogunleri v. Depo (2008) 1 KLR (pt. 246) p. 1; (2008) 3 NWLR (Pt. 1074) 217

WORDS & PHRASES - Resulting trust - Connotation - Arises in two sets of circumstances - It is based upon the unexpressed - But presumed intention of the true owner (H3) Madu v. Madu (2008) 2 KLR (pt. 250) p. 1087; (2008) 6 NWLR (Pt. 1083) 296

WORDS & PHRASES - Sodomy - Definition - Offence against the order of nature - Carnal knowledge and penetration - Have different meanings - Under sodomy, s. 81 Armed Forces Decree 1993 (H3) Magaji v. The Nigerian Army (2008) 3 KLR (pt. 251) p. 1249; (2008) 8 NWLR (Pt. 1089) 338

WRIT OF SUMMONS - 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

WRIT OF SUMMONS - 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

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

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

COMPREHENSIVE INDEX TO SELECTED NOVEL COURT OF APPEAL CASES

ACTIONS - Banking - Interest charges - Basis - Courts will always recognize Banks’ rights - To recover accumulated interest charges - Such claim has never been treated - As one for damages or anticipated profit (H6) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

ACTIONS - Courts - Address of counsel - Guaranteed by s. 258(1) of 1979 Constitution - Is an essential input - Without which a judgment cannot be standard - Save where a party voluntarily refused to address the court (H3) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

ACTIONS - Jurisdiction - Courts - Cause of action - Arising from seismic activities - By the provisions of s. 251 (1) (n) 1999 Constitution - Every civil cause arising from seismic activities - Fall within the exclusive jurisdiction of the Federal High Court (H1) C. G. G. Nig. Ltd. v. Amaewhule (2008) 7 KLR (pt. 258) p. 3119 CA

ACTIONS - Jurisdiction - Debts - Interest claimed in this case - Is within the jurisdiction of the Failed Bank Tribunal - Claim before the Tribunal is not for damages or anticipated profit - As erroneously held (H5) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

ACTIONS - Jurisdictions - Courts - Jurisdiction is a function of the operation of law and the character of the particular suit - Which character is ascertained from the facts, the contents and essence of the claim - Not necessarily the terms used by the plaintiff (H2) C. G. G. Nig. Ltd. v. Amaewhule (2008) 7 KLR (pt. 258) p. 3119 CA

ACTIONS - Tribunals - Hearing - Addresses of counsel - Failed bank Tribunal - Though applicable schedule made no copious provisions - As to procedure for hearing civil cases - Adopted Rules of Federal High Court provides - That court shall entertain addresses from parties (H4) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

ADDRESSES OF COUNSEL - Failed bank Tribunal - Though applicable schedule made no copious provisions - As to procedure for hearing civil cases - Adopted Rules of Federal High Court provides - That court shall entertain addresses from parties (H4) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

ADDRESSES OF COUNSEL - Value of - Guaranteed by s. 258(1) of 1979 Constitution - Is an essential input - Without which a judgment cannot be standard - Save where a party voluntarily refused to address the court (H3) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

APPEALS - Interlocutory appeals - Time within which to appeal - Computation of - It presupposes existence of an interlocutory order - It is from the time of making the order that time begins to run (H1) Nigeria Customs Service v. Bazuaye (2008) 12 KLR (pt. 259) p. 3445 CA

APPEALS - Issues - Fresh issue on appeal - Manner of raising - Where an issue is not raised at the trial - It can not be properly raised on appeal except with the leave of court - Which leave was not obtained in this case (H4) Nigeria Customs Service v. Bazuaye (2008) 12 KLR (pt. 259) p. 3445 CA

BANKING - Actions - Jurisdiction - Debts - Interest claimed in this case - Is within the jurisdiction of the Failed Bank Tribunal - Claim before the Tribunal is not for damages or anticipated profit - As erroneously held (H5) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

BANKING - Interest charges - Basis - Courts will always recognize Banks’ rights - To recover accumulated interest charges - Such claim has never been treated - As one for damages or anticipated profit (H6) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

CHIEFTAINCY MATTERS - Evidence - Contradictions - Pleadings - Chieftaincy selection - Where there is material inconsistency - In the testimony of respondent’s witnesses - The pleaded fact should be regarded as not proved (H7) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

CHIEFTAINCY MATTERS - Evidence - Contradictions - Relevance - The law does not forbid immaterial discrepancy in evidence - But contradiction in issue here is material - As it relates to a relevant question (H6) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

CHIEFTAINCY MATTERS - Pleadings - Averments - Failure to plead names of selectors of the chief - Will not warrant expunging that evidence - As fact giving rise to those names was pleaded (H3) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

CHIEFTAINCY MATTERS - Pleadings - Traverse - Propriety of - Goriola case relied upon by trial court - To fault the traverse in issue is not applicable - As the traverse in that case was general - While the one here being specific is proper (H5) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

CONSTITUTIONAL LAW - Courts - Address of counsel - Guaranteed by s. 258(1) of 1979 Constitution - Is an essential input - Without which a judgment cannot be standard - Save where a party voluntarily refused to address the court (H3) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

CONSTITUTIONAL LAW - Judgments - Period of delivery - 90 days constitutional limitation period - Though not complied with - Trial court’s judgment will not be nullified - As no miscarriage of Justice was occasioned (H2) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

CONSTITUTIONAL LAW - Judgments - Period of delivery - Legal implications - Where delivered outside the 90 days constitutional provision - Setting it aside will be based on a party - Having suffered miscarriage of justice (H1) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

COURTS - Actions - Address of counsel - Guaranteed by s. 258(1) of 1979 Constitution - Is an essential input - Without which a judgment cannot be standard - Save where a party voluntarily refused to address the court (H3) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

COURTS - Addresses of counsel - Fair hearing - Where trial court by itself dispensed with addresses from both sides - Fair hearing principle is breached - Against a party that needed to address (H1) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

COURTS - Banking - Interest charges - Basis - Courts will always recognize Banks’ rights - To recover accumulated interest charges - Such claim has never been treated - As one for damages or anticipated profit (H6) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

COURTS - Documents - Admissibility - Duty of court and the opposite party - Court is to admit and act only on legally admissible evidence - While opposite party should immediately object - To admission of inadmissible evidence (H3) Nigeria Customs Service v. Bazuaye (2008) 12 KLR (pt. 259) p. 3445 CA

COURTS - Federal High Court - Jurisdiction - Cause of action - Arising from seismic activities - By the provisions of s. 251 (1) (n) 1999 Constitution - Every civil cause arising from seismic activities - Fall within the exclusive jurisdiction of the Federal High Court (H1) C. G. G. Nig. Ltd. v. Amaewhule (2008) 7 KLR (pt. 258) p. 3119 CA

COURTS - Jurisdiction - Determinant factors - Jurisdiction is a function of the operation of law and the character of the particular suit - Which character is ascertained from the facts, the contents and essence of the claim - Not necessarily the terms used by the plaintiff (H2) C. G. G. Nig. Ltd. v. Amaewhule (2008) 7 KLR (pt. 258) p. 3119 CA

COURTS - Parties - Equal treatment - Where the opportunity to do a thing is granted - An indolent party or one that has no need of exercising that right - Cannot complain (H2) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

CROSS EXAMINATION - Effect - Witnesses - Failure to cross examine a witness - Upon a particular matter - Is a tacit acceptance of the truth of his evidence (H2) Nigeria Customs Service v. Bazuaye (2008) 12 KLR (pt. 259) p. 3445 CA

CROSS EXAMINATION - Reliance - Pleadings - Amendment - Evidence extracted during cross examination - Where not pleaded - Plaintiff should amend his pleadings - Before he can rely on it (H4) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

DAMAGES - Differentiation - Banking - Interest charges - Basis - Courts will always recognize Banks’ rights - To recover accumulated interest charges - Such claim has never been treated - As one for damages or anticipated profit (H6) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

DOCUMENTS - Admissibility - Duty of court and the opposite party - Court is to admit and act only on legally admissible evidence - While opposite party should immediately object - To admission of inadmissible evidence (H3) Nigeria Customs Service v. Bazuaye (2008) 12 KLR (pt. 259) p. 3445 CA

EVIDENCE - Contradictions - Pleadings - Chieftaincy selection - Where there is material inconsistency - In the testimony of respondent’s witnesses - The pleaded fact should be regarded as not proved (H7) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

EVIDENCE - Contradictions - Relevance - The law does not forbid immaterial discrepancy in evidence - But contradiction in issue here is material - As it relates to a relevant question (H6) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

EVIDENCE - Cross examination - Effect - Witnesses - Failure to cross examine a witness - Upon a particular matter - Is a tacit acceptance of the truth of his evidence (H2) Nigeria Customs Service v. Bazuaye (2008) 12 KLR (pt. 259) p. 3445 CA

EVIDENCE - Cross examination - Reliance - Pleadings - Amendment - Evidence extracted during cross examination - Where not pleaded - Plaintiff should amend his pleadings - Before he can rely on it (H4) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

EVIDENCE - Documents - Admissibility - Duty of court and the opposite party - Court is to admit and act only on legally admissible evidence - While opposite party should immediately object - To admission of inadmissible evidence (H3) Nigeria Customs Service v. Bazuaye (2008) 12 KLR (pt. 259) p. 3445 CA

EVIDENCE - Pleadings - Averments - Chieftaincy - Failure to plead names of selectors of the chief - Will not warrant expunging that evidence - As fact giving rise to those names was pleaded (H3) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

EVIDENCE - Pleadings - Traverse - Propriety of - Chieftaincy - Goriola case relied upon by trial court - To fault the traverse in issue is not applicable - As the traverse in that case was general - While the one here being specific is proper (H5) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

FAIR HEARING - Courts - Addresses of counsel - Fair hearing - Where trial court by itself dispensed with addresses from both sides - Fair hearing principle is breached - Against a party that needed to address (H1) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

FAIR HEARING - Courts - Parties - Equal treatment - Where the opportunity to do a thing is granted - An indolent party or one that has no need of exercising that right - Cannot complain (H2) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

JUDGMENTS - Constitutional law - Period of delivery - Legal implications - Where delivered outside the 90 days constitutional provision - Setting it aside will be based on a party - Having suffered miscarriage of justice (H1) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

JUDGMENTS - Error - Jurisdiction - Debts - Interest claimed in this case - Is within the jurisdiction of the Failed Bank Tribunal - Claim before the Tribunal is not for damages or anticipated profit - As erroneously held (H5) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

JUDGMENTS - Period of delivery - 90 days constitutional limitation period - Though not complied with - Trial court’s judgment will not be nullified - As no miscarriage of Justice was occasioned (H2) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

JUDGMENTS - Standard of - Address of counsel - Guaranteed by s. 258(1) of 1979 Constitution - Is an essential input - Without which a judgment cannot be standard - Save where a party voluntarily refused to address the court (H3) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

JUDICIAL PRECEDENTS - Pleadings - Traverse - Propriety of - Chieftaincy - Goriola case relied upon by trial court - To fault the traverse in issue is not applicable - As the traverse in that case was general - While the one here being specific is proper (H5) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

JURISDICTION - Courts - Cause of action - Arising from seismic activities - By the provisions of s. 251 (1) (n) 1999 Constitution - Every civil cause arising from seismic activities - Fall within the exclusive jurisdiction of the Federal High Court (H1) C. G. G. Nig. Ltd. v. Amaewhule (2008) 7 KLR (pt. 258) p. 3119 CA

JURISDICTION - Determinant factors - Courts - Jurisdiction is a function of the operation of law and the character of the particular suit - Which character is ascertained from the facts, the contents and essence of the claim - Not necessarily the terms used by the plaintiff (H2) C. G. G. Nig. Ltd. v. Amaewhule (2008) 7 KLR (pt. 258) p. 3119 CA

JURISDICTION - Tribunals - Debts - Interest claimed in this case - Is within the jurisdiction of the Failed Bank Tribunal - Claim before the Tribunal is not for damages or anticipated profit - As erroneously held (H5) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

JUSTICE - Constitutional law - Judgments - Period of delivery - Legal implications - Where delivered outside the 90 days constitutional provision - Setting it aside will be based on a party - Having suffered miscarriage of justice (H1) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

JUSTICE - Courts - Parties - Equal treatment - Where the opportunity to do a thing is granted - An indolent party or one that has no need of exercising that right - Cannot complain (H2) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

JUSTICE - Judgments - Period of delivery - 90 days constitutional limitation period - Though not complied with - Trial court’s judgment will not be nullified - As no miscarriage of Justice was occasioned (H2) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

LEGAL PRACTITIONERS - Courts - Addresses of counsel - Fair hearing - Where trial court by itself dispensed with addresses from both sides - Fair hearing principle is breached - Against a party that needed to address (H1) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

PARTIES - Courts - Equal treatment - Where the opportunity to do a thing is granted - An indolent party or one that has no need of exercising that right - Cannot complain (H2) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

PARTIES - Documents - Admissibility - Duty of court and the opposite party - Court is to admit and act only on legally admissible evidence - While opposite party should immediately object - To admission of inadmissible evidence (H3) Nigeria Customs Service v. Bazuaye (2008) 12 KLR (pt. 259) p. 3445 CA

PARTIES - Right of - Address of counsel - Guaranteed by s. 258(1) of 1979 Constitution - Is an essential input - Without which a judgment cannot be standard - Save where a party voluntarily refused to address the court (H3) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

PLEADINGS - Averments - Evidence - Chieftaincy - Failure to plead names of selectors of the chief - Will not warrant expunging that evidence - As fact giving rise to those names was pleaded (H3) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

PLEADINGS - Cross examination - Reliance - Pleadings - Amendment - Evidence extracted during cross examination - Where not pleaded - Plaintiff should amend his pleadings - Before he can rely on it (H4) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

PLEADINGS - Evidence - Contradictions - Pleadings - Chieftaincy selection - Where there is material inconsistency - In the testimony of respondent’s witnesses - The pleaded fact should be regarded as not proved (H7) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

PLEADINGS - Traverse - Propriety of - Chieftaincy - Goriola case relied upon by trial court - To fault the traverse in issue is not applicable - As the traverse in that case was general - While the one here being specific is proper (H5) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

PRACTICE & PROCEDURE - Appeals - Interlocutory appeals - Time within which to appeal - Computation of - It presupposes existence of an interlocutory order - It is from the time of making the order that time begins to run (H1) Nigeria Customs Service v. Bazuaye (2008) 12 KLR (pt. 259) p. 3445 CA

PRACTICE & PROCEDURE - Courts - Addresses of counsel - Fair hearing - Where trial court by itself dispensed with addresses from both sides - Fair hearing principle is breached - Against a party that needed to address (H1) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

PRACTICE & PROCEDURE - Cross examination - Reliance - Pleadings - Amendment - Evidence extracted during cross examination - Where not pleaded - Plaintiff should amend his pleadings - Before he can rely on it (H4) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

PRACTICE & PROCEDURE - Evidence - Contradictions - Pleadings - Chieftaincy selection - Where there is material inconsistency - In the testimony of respondent’s witnesses - The pleaded fact should be regarded as not proved (H7) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

PRACTICE & PROCEDURE - Jurisdiction - Courts - Jurisdiction is a function of the operation of law and the character of the particular suit - Which character is ascertained from the facts, the contents and essence of the claim - Not necessarily the terms used by the plaintiff (H2) C. G. G. Nig. Ltd. v. Amaewhule (2008) 7 KLR (pt. 258) p. 3119 CA

PRACTICE & PROCEDURE - Pleadings - Traverse - Propriety of - Chieftaincy - Goriola case relied upon by trial court - To fault the traverse in issue is not applicable - As the traverse in that case was general - While the one here being specific is proper (H5) Gagarau v. Pashiri (2008) 7 KLR (pt. 258) p. 3135 CA

PRACTICE & PROCEDURE - Tribunals - Hearing - Addresses of counsel - Failed bank Tribunal - Though applicable schedule made no copious provisions - As to procedure for hearing civil cases - Adopted Rules of Federal High Court provides - That court shall entertain addresses from parties (H4) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

RULES OF COURT - Tribunals - Hearing - Addresses of counsel - Failed bank Tribunal - Though applicable schedule made no copious provisions - As to procedure for hearing civil cases - Adopted Rules of Federal High Court provides - That court shall entertain addresses from parties (H4) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

TRIBUNALS - Hearing - Addresses of counsel - Failed bank Tribunal - Though applicable schedule made no copious provisions - As to procedure for hearing civil cases - Adopted Rules of Federal High Court provides - That court shall entertain addresses from parties (H4) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA

TRIBUNALS - Jurisdiction - Debts - Interest claimed in this case - Is within the jurisdiction of the Failed Bank Tribunal - Claim before the Tribunal is not for damages or anticipated profit - As erroneously held (H5) NDIC v. EcoBank Plc (2008) 2 KLR (pt. 249) p. 949 CA