To be impeached - Persons who made the law and got it registered must be parties. Adesina v. Obala of Otan-Aiyegbaju (1999) 2 KLR (pt 77) 301; (1999) 2 NWLR (Pt. 590) 163

ACTIONS - Claim - For declaration of title to land - Identity of the land - Survey Plan - Is not a sine qua non - But there must be some clear description to make a disputed land ascertainable. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

ACTIONS - Commencement - Originating summons and writ of summons - Vital distinction - Between both of them. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

ACTIONS - Company law - Foreign corporation - Duly created according to the laws of a foreign state recognized by Nigeria - May sue or be sued in its corporate name. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

ACTIONS - Consistency - In stating one's case - Must be maintained by a party - To make litigation meaningful. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

ACTIONS - Consolidation - Order of consolidation of two suits - Made by the trial court on the application of the appellants - Because the parties and subject matter were the same in both suits - Contention by the appellants that the suits should have been heard separately - Is erroneous. Akpan v. Umoh (1999) 7 KLR (pt 88) 2319; (1999) 11 NWLR (Pt. 627) 349

ACTIONS - Counter claim - Is a cross action with plaintiff becoming the defendant - If plaintiff cannot be the proper opposing party - The counter claim is to be struck out. Adesina v. Obala of Otan-Aiyegbaju (1999) 2 KLR (pt 77) 301; (1999) 2 NWLR (Pt. 590) 163

ACTIONS - Declaratory relief - The principle in Wellersteiner's case - The application of the principle - Is limited to cases initiated by a writ

of summons. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

ACTIONS - Defamation - Cause of action - Letter of termination - Where the words complained of when read together with other paragraphs in the letter - Are not capable of conveying defamatory meaning - There is no cause of action. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

ACTIONS - Delay - Miscarriage of justice - Delay per se does not lead to a judgment being vitiated - Unless the delay occasioned a miscarriage of justice. Akpan v. Umoh (1999) 7 KLR (pt 88) 2319; (1999) 11 NWLR (Pt. 627) 349

ACTIONS - Dismissal - Counterclaim - Where the evidence adduced on the counter claim was in conflict with the pleadings - It was rightly dismissed. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

ACTIONS - Dismissal in limine - Application to dismiss an action in limine at the Federal High Court - Which did not challenge the jurisdiction of the court - Such an application is in the nature of a demurrer. Tigris Int. Corp. v. Ege Shipping & Trading Ind. Inco. (1999) 12 KLR (pt 92) 3079; (1999) 14 NWLR (Pt. 637) 70

ACTIONS - Dismissal - Judgments - Order to be made where plaintiffs fail to prove their case - Is to dismiss it - There is no jurisdiction to refer it to the Boundary Settlement Commission. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

ACTIONS - Estoppel by standing by - Joinder of parties - Where trial court has found that a party ought to be joined - Failure to join him may give rise to estoppel - In a future action. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

ACTIONS - Fresh action - Condition precedent - Where two previous suits were struck out - With an order that no further steps be taken -

In the case until costs were paid - What further steps mean - And when a fresh action can be filed. Shugaba v. Union Bank (1999) 7 KLR (pt 89) 2447; (1999) 11 NWLR (Pt. 627) 459

ACTIONS - Interest - Claim for - Pleadings - How to plead a claim for interest. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

ACTIONS - Joinder of parties - Failure to amend the writ before service on the parties joined - This is not an aspect of incompetence of a court process - Which will make the proceedings a nullity. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

ACTIONS - Judgment debt - Interest thereon - From when calculated - Is after adjudication not from accrual of cause of action. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

ACTIONS - Limitation - Bill - Drawn in a set - Time begins to run from the maturity of the set treated as one bill. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

ACTIONS - Limitation of action - Sale of goods - Contract - Where the action was founded on a contract of sale - Giving rise to a single breach when the purchase price was unpaid - The principle in Ijale case is not applicable - And it is wrong to conclude that any part of the debt is statute-barred. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

ACTIONS - Locus standi - Chieftaincy matters - The plaintiffs had locus standi - To initiate these proceedings. Adesina v. Obala of Otan-Aiyegbaju (1999) 2 KLR (pt 77) 301; (1999) 2 NWLR (Pt. 590) 163

ACTIONS - Malicious prosecution - Burden - On the respondent to establish - That he had a reasonable cause to make the report - When and how it arises. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999)

10 NWLR (Pt. 623) 381

ACTIONS - Malicious prosecution - Ingredients - To be established in order to succeed - In an action for malicious prosecution. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

ACTIONS - Malicious Prosecution - Proof - Where the plaintiff had failed to adduce evidence enough in proof of his case - The trial judge has no responsibility - To inquire on whether the defendant had made out a defence. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

ACTIONS - Native Courts' proceedings - In considering proceedings in those Courts - The substance of the action and not the form should be looked at. Chukwueke v. Okoronkwo (1999) 1 KLR (pt 75) 39; (1999) 1 NWLR (Pt. 587) 410

ACTIONS - Non suit - Revaluation of evidence - Where trial courts findings of fact were not declared perverse - Appellate court should not embark on a revaluation of the evidence. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

ACTIONS - Nuisance - Proof - Public nuisance - Constituted by obstruction of the road - What a private person must show - To entitle him to maintain an action. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

ACTIONS - Out of Court settlement - Breach of out of court settlement agreement - Cause of action would no longer be founded on any purported previous right of ownership - But on the alleged breach of the agreement. Abey v. Alex (1999) 12 KLR (pt 92) 3051; (1999) 14 NWLR (Pt. 637) 148

ACTIONS - Parties - Appeals - Contention that 4th defendant did not appeal in this matter - Is of no substance - Since all the defendants jointly appealed. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

ACTIONS - Proof - Claim - Burden is on plaintiffs to prove their case - And that burden was not discharged - Plaintiffs are not to rely on weakness of the defence. Okeke v. Agbodike (1999) 12 KLR (pt 91) 2921; (1999) 14 NWLR (Pt. 638) 215

ACTIONS - Precondition - Incompetence - Where the appellant filed fresh suits - In disobedience of the precondition - To pay the costs awarded by the court - The fresh suits are incompetent. Shugaba v. Union Bank (1999) 7 KLR (pt 89) 2447; (1999) 11 NWLR (Pt. 627) 459

ACTIONS - Relief not claimed - Where defendant never asked for specific performance - It cannot be granted as a consequential order - As erroneously done by the lower courts. Liman v. Mohammed (1999) 6 KLR (pt 85) 1801; (1999) 9 NWLR (Pt. 617) 116

ACTIONS - Representative action - Locus standi - Where by the pleadings and evidence - The plaintiff belonged to the kindred whose interest is affected by the dispute - He has every right to sue. Uzoechi v. Onyenwe (1999) 1 KLR (pt 75) 57; (1999) 1 NWLR (Pt. 587) 339

ACTIONS - Sale Cause of action - Acceleration clause - In a contract of sale - Where the price is to be paid by instalments - When the cause of action accrues. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

ACTIONS - Sale of goods - Cause of action - Contract of sale - Where the Price is to be paid by instalments - And there is no acceleration clause - When a cause of action accrues in respect of each instalment that has fallen into arrears. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

ACTIONS - Sheriffs and Civil Process Act - The provisions of ss. 97, 98 and 99 - Their combined effect - Is to make the writ in the instant case one for service outside the jurisdiction - Which must allow for thirty

days for the defendant to appear. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

ACTIONS - Striking out - Of the application for interlocutory injunction - And the main action - Trial court was right in treating each application - According to available evidence. Adeyemi v. Olakunri (1999) 12 KLR (pt 91) 2909; (1999) 14 NWLR (Pt. 638) 204

ACTIONS - Trespass - Issue estoppel - In continuing trespass - Successive action can be brought from time to time in respect of its continuance - Issue estoppel does not arise. Adepoju v. Oke (1999) 3 KLR (pt 79) 531; (1999) 3 NWLR (Pt. 594) 154

ADJOURNMENTS - Courts - Adjournment of cases - Are at the discretion of the court - And to succeed in an appeal against such exercise of discretion - It must be shown that the order would manifestly work injustice. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

ADJOURNMENTS - Courts - Adjournment - Written application to the court - For adjournment - By the counsel for the appellants - And the appellants voluntarily decided to prosecute their case without their counsel - The trial judge was quite right to so proceed. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

ADMINISTRATION OF ESTATES - Chieftaincy - Hereditory stool - Causes of action - Survival of - The action survived the dead Parties. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

ADMINISTRATION OF ESTATES - Pleadings - Letters of Administration - Need not be specifically pleaded - So long as facts by which such documents are covered - Are pleaded. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

ADMINISTRATION OF ESTATES - Stay of execution - Appeal - Probate of a will - Granted when an appeal had been lodged - Was

irregular - And there was no necessity to apply for a stay of execution - As the will was still in litigation. Dan-Jumbo v. Dan-Jumbo (1999) 7 KLR (pt 88) 2341; (1999) 11 NWLR (Pt. 627) 445

ADMINISTRATIVE LAW - Agency - Registrar - Of a university - Is an agent of the University - But not of its council - And when he acts for the council - He must act under the direct control of that body. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

ADMINISTRATIVE LAW - Delegation of duty - The person to whom an office or duty is delegated - Cannot lawfully devolve it upon another - Unless he is expressly authorized to do so. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

ADMINISTRATIVE LAW - Delegation of Power - It was Possible for the Minister of Internal Affairs - To delegate his powers to cancel or withdraw a Passport - But such powers were not exercised in the present case. Director SSS v. Agbakoba (1999) 3 KLR (pt 79) 553; (1999) 3 NWLR (Pt. 595) 314

ADMINISTRATIVE LAW - Delegation - Statutory disciplinary power of council - Under section 15 (i) of the University of Ilorin Act - Cannot be delegated. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

ADMINISTRATIVE LAW - Statute - Purpose - Decree No. 18 of 1977 - Was promulgated to provide a general validation - In respect of all enquiries instituted by the Military Governor of a State - And other consequential actions. A-G Bendel State v. Agbofodoh (1999) 2 KLR (pt 78) 395; (1999) 2 NWLR (Pt. 592) 476

AGENCY - Authority - Receiver manager - Being the agent of the borrower - Was authorized to do all that his principal could lawfully do - Which includes repayment of the loan extended to respondent. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

AGENCY - Carriage by sea - Agent of the carrier - Is entitled to take advantage of Arts. 3(6) of the Hague Rules - Which makes the Present action against it statute-barred. Leventis Tech. Ltd v. Petrojessica Ent. Ltd (1999) 4 KLR (pt 81) 891; (1999) 6 NWLR (Pt. 605) 45

AGENCY - Registrar of a university - Is an agent of the University - But not of its council - And when he acts for the council - He must act under the direct control of that body. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

APPEALS - "Appeal has been entered" - What the phrase means. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

APPEALS - Abuse - Of court process - Relitigation of a matter - That was finally decided by the Supreme Court in a previous suit - Is an abuse of court process. Adigun v. Sec. Iwo Local Govt. (1999) 5 KLR (pt 84) 1373; (1999) 8 NWLR (Pt. 613) 30

APPEALS - Actions - Striking out - Where the trial court struck out the application for interlocutory injunction - And not the main suit - As there were no appeal against refusing to strike out the main suit - Court of Appeal has no power to delve into that issue. Adeyemi v. Olakunri (1999) 12 KLR (pt 91) 2909; (1999) 14 NWLR (Pt. 638) 204

APPEALS - Address - Locus in quo - Where the inspection took place before the parties addressed the court - Appellant's complaint - That they were deprived of their right to address the court after the inspection - Is not correct. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

APPEALS - Appellate Court - Duty of - An appellate Court is to see whether issues presented to the trial court - Were properly resolved - It will not allow a party to improve on his case on appeal. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

APPEALS - Briefs - Reply brief - Court will not allow appellant - To

extend earlier contentions - In the guise of a reply brief - Reply brief can only deal with new points - Raised in respondent's brief. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

APPEALS - Competency - Grounds of appeal - How to determine whether a ground of appeal is competent - Having regard to the provisions of section 213 of the 1979 Constitution (as amended). Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

APPEALS - Concurrent finding of fact - Special circumstance - That will impel the Supreme Court - To interfere with concurrent findings. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

APPEALS - Concurrent findings - Circumstances exist - That entitle the Supreme Court to interfere therewith - In this case. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

APPEALS - Concurrent findings of fact - Attitude of the Supreme Court - To it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

APPEALS - Concurrent findings of fact - By the two lower courts - When the Supreme Court will interfere with such findings. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

APPEALS - Concurrent findings of fact - Interference with such findings - When the Supreme Court will so interfere. Enabulele v. Agbonlahor (1999) 3 KLR (pt 79) 649; (1999) 4 NWLR (Pt. 598) 166

APPEALS - Concurrent findings of fact - Of the two lower courts - Attitude of the Supreme Court - To such concurrent findings. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

APPEALS - Concurrent findings of fact - Of two lower courts - Attitude of the Supreme Court to such findings. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

APPEALS - Concurrent findings of fact - Supported by sufficient evidence - Circumstances that will warrant the Supreme Court to interfere with such findings. Oparaji v. Ohanu (1999) 6 KLR (pt 85) 1643; (1999) 9 NWLR (Pt. 618) 290

APPEALS - Concurrent findings of fact - When the Supreme Court will not interfere with such findings. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

APPEALS - Concurrent findings of fact - Where based on the parties pleadings and evidence - Supreme Court will not interfere. Ogidi v. Igba (1999) 6 KLR (pt 85) 1761; (1999) 10 NWLR (Pt. 621) 42

APPEALS - Concurrent findings of fact - Will not be interfered with - As appellants have failed to show any special circumstances. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

APPEALS - Concurrent findings on facts - The attitude of the Supreme Court - Is not to disturb such findings - Where it is based on the lawful evidence before the lower courts. Kutse v. A-G Plateau State (1999) 2 KLR (pt 78) 459; (1999) 4 NWLR (Pt. 597) 1

APPEALS - Concurrent Findings of fact - Supreme Court will not interfere with such findings - Unless the findings are perverse. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

APPEALS - Constitutional law - Appeal as of right - S. 220(1) of the 1979 Constitution - The present appeal is as of right under the section. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

APPEALS - Court of Appeal Act, 1976 - Provisions of s. 16 - The extent of the power of the Court of Appeal under it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

APPEALS - Court of Appeal, Act 1976 - The provision of section 11 thereof - Cover cases where all the justices that sat on an appeal - Are still in the service of that court on the day of judgment - And had written and signed their judgments. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

APPEALS - Court of Appeal - Powers - Argument that the Court erroneously interfered - With the judgment of the trial court - For such argument to succeed - It must be shown that the court exceeded the powers given to it - Under S. 16 of the Court of Appeal Act, 1976. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

APPEALS - Court of Appeal - Powers - It has full powers and jurisdiction - To amend any judgment of the trial High Court - On appeal before it. Emiri v. Imieyeh (1999) 4 KLR (pt 80) 673; (1999) 4 NWLR (Pt. 599) 442

APPEALS - Courts - Costs - When an appeal is partially successful - What order of costs an appellate court may make. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

APPEALS - Customary law - Customary Courts Rules, 1978 - Order 10 rule 6(6) - By that provision where there is no fresh evidence in rebuttal of the Customary law in the Customary Court of Appeal - That Court should not have reversed the decision of the Area customary court on appropriate Customary law. Ogiugo v. Ogiugo (1999) 12 KLR (pt 92) 2967; (1999) 14 NWLR (Pt. 638) 283

APPEALS - Customary law - Decision of the Customary Court of Appeal - The only matter appealable from it - Is that which involves questions of customary law. Ohai v. Akpoemonye (1999) 1 KLR (pt

76) 165; (1999) 1 NWLR (Pt. 588) 521

APPEALS - Damages - Concurrent findings in respect of special and general damages - Not having been shown to be perverse - Will not be interfered with. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

APPEALS - Damages - Substitution - Of an award of general damages for special damages not proved - By the Court of Appeal - When the respondent did not cross-appeal - Is erroneous. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

APPEALS - Discretion - Exercised by lower court - Where judicious - Appellate court will not disturb it - Merely because it would have exercised that discretion differently. ACHE Builders Ltd v. Kaduna State Water Board (1999) 2 KLR (pt 77) 265; (1999) 2 NWLR (Pt. 590) 288

APPEALS - Discretion - Joinder of parties - Discretion of trial Court to so order - Where not perverse - Should not be overturned by appellate court. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

APPEALS - Dismissal of claim - For want of proof - Respondent's failure to appeal - When a ground for sustaining lower court's judgment. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

APPEALS - Entering of appeal - The effect of an appeal being entered. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

APPEALS - Entry of an appeal - Relationship with drawing up and enrolment of court's orders. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

APPEALS - Evaluation of evidence - Findings of the trial court - The Court of Appeal was wrong to have overturned the findings - In the circumstances of the present case. Dokubo v. Omoni (1999) 6 KLR (pt 86) 1833; (1999) 8 NWLR (Pt. 616) 647

APPEALS - Evaluation of evidence - Findings - That the four appellants participated in the crime - There can be no reason to interfere with such findings - Since they are fully supported by abundant evidence. Ogunye v. The State (1999) 4 KLR (pt 80) 777; (1999) 5 NWLR (Pt. 604) 548

APPEALS - Evidence - Admissibility - Objection to the admissibility of evidence - Which was ruled against by the two lower courts - Will not be sustained at the Supreme Court without an improvement on the arguments. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

APPEALS - Evidence - Admissibility of document - By trial judge under wrong section of the law - Will be corrected by appellate court - Unto retaining the evidence so admitted. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

APPEALS - Evidence - Contradictions - There is no material contradiction - To warrant interference - With concurrent findings of fact. Okeke v. Agbodike (1999) 12 KLR (pt 91) 2921; (1999) 14 NWLR (Pt. 638) 215

APPEALS - Evidence - Evaluation of - Is the duty of trial court and not the appellate court - And that duty was properly carried out by trial judge. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

APPEALS - Evidence - Evaluation of - Where a trial court unquestionably evaluates the evidence - And there is sufficient evidence on record to support the findings of fact made - The appeal court cannot interfere. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

APPEALS - Evidence - Evaluation of - Where the trial court has properly evaluated evidence - It is not the business of the Court of Appeal to substitute its own view - For the views of the trial court. Onyejekwe v. Onyejekwe (1999) 3 KLR (pt 79) 613; (1999) 3 NWLR (Pt. 596) 482

APPEALS - Evidence - Findings of fact - By a court of first instance - Which is based on a dispassionate appraisal of the evidence - It is not the function of an Appeal Court to interfere with such findings. Odiba v. Muemue (1999) 6 KLR (pt 86) 1911; (1999) 10 NWLR (Pt. 622) 174

APPEALS - Evidence - Findings of fact - Made by a trial court - Which are reasonably supported by the evidence - An appellate court has a duty not to interfere with such findings. Ivienagbor v. Bazuaye (1999) 6 KLR (pt 86) 1897

APPEALS - Evidence - Pleadings - Issue - Evidence which is contrary to the issue joined at the trial - Goes to no issue. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

APPEALS - Evidence - Reevaluation of evidence - The court of Appeal was entitled - To reevaluate the evidence adduced in this case - Where the evidence of the appellants though believed - Was insufficient to prove the root of title - As required by law. Dike v. Okoloedo (1999) 7 KLR (pt 88) 2275; (1999) 10 NWLR (Pt. 623) 359

APPEALS - Evidence - Reevaluation of evidence - When an appellate court would be justified in doing so. Ahmed v. The State (1999) 5 KLR (pt 84) 1391; (1999) 7 NWLR (Pt. 612) 641

APPEALS - Evidence - Where the trial court has satisfactorily performed its primary function - Of evaluating evidence and correctly ascribing probative value - Attitude of the appellate court to the findings on such evidence. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

APPEALS - Evidence - Wrongful admission of - Does not ground reversal in all cases - Duty of showing substantial miscarriage of justice - Is on the appellant. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

APPEALS - Extension of time - Within which to appeal - The crucial factors to take into consideration - In granting such an application. Oba v. Egberongbe (1999) 6 KLR (pt 85) 1667; (1999) 8 NWLR (Pt. 615) 485

APPEALS - Fair hearing - Order made suo motu - A Court has no power to make an order - Which has not been asked for - And which the person against whom it is made - Had no opportunity of resisting. Badmus v. Abegunde (1999) 7 KLR (pt 87) 2109

APPEALS - Final order - Time within which to appeal - Order of striking out in the instant case is a final decision - And the appellant had three months according to s. 25 (2) (a) of the Court of Appeal Act - Within which to appeal - The appeal is therefore competent. Ebokam v. Ekwenibe & Sons Trading Co. Ltd (1999) 7 KLR (pt 87) 2153; (1999) 10 NWLR (Pt. 622) 242

APPEALS - Finality of a decision - Court of Appeal's decision in this matter is final - Though the High Court's decision was interlocutory - So that time to appeal is within 3 months. Anoghalu v. Oraelosi (1999) 10 KLR (pt 90) 2787; (1999) 13 NWLR (Pt. 634) 297

APPEALS - Findings of fact - By trial court - Based on pleadings and evidence before it - The Court of Appeal was in error to have interfered with them. Uzoechi v. Onyenwe (1999) 1 KLR (pt 75) 57; (1999) 1 NWLR (Pt. 587) 339

APPEALS - Fresh issue - Which was not raised in the court below - Argument on it - Will not be entertained by the Supreme Court - Except it involves a substantial point of law. Onowhosa v. Odiuzou (1999) 1 KLR (pt 75) 1; (1999) 1 NWLR (Pt. 586) 173

APPEALS - General damages - Awarded by the trial court - When an appellate Court will interfere with such an award. Akhigbe v. Ifeanyi Chukwu Osundu Co Ltd (1999) 7 KLR (pt 87) 2075; (1999) 11 NWLR (Pt. 625) 1

APPEALS - Ground - Incompetence - Where no particulars of error were supplied - In a ground of appeal - The ground is incompetent. Nwokoro v. Onuma (1999) 9 KLR (pt 90) 2715; (1999) 12 NWLR (Pt. 631) 342

APPEALS - Ground of appeal - Based on facts - A complaint about the general appraisal of the evidence led at the trial - Is a ground of fact. Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

APPEALS - Ground of appeal - Particulars - Complaint given in it - Are not mere addendum - It forms part of the ground of appeal. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

APPEALS - Ground of appeal - That discloses no reasonable ground of appeal - Should be struck out. Anoghalu v. Oraelosi (1999) 10 KLR (pt 90) 2787; (1999) 13 NWLR (Pt. 634) 297

APPEALS - Ground of appeal - Where there is doubt whether it is of law or mixed law and fact - It is prudent for counsel to seek and obtain the requisite leave. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

APPEALS - Ground of fact - Leave not having been obtained -Ground 1 was rightly struck out. . Anoghalu v. Oraelosi (1999) 10 KLR (pt 90) 2787; (1999) 13 NWLR (Pt. 634) 297

APPEALS - Ground of Law - A sole ground of law - Is sufficient to sustain an appeal - Having regard to the provisions of ss. 220(i) (b) and 221(i) of the 1979 constitution. Ebokam v. Ekwenibe & Sons Trading Co. Ltd (1999) 7 KLR (pt 87) 2153; (1999) 10 NWLR (Pt. 622) 242

APPEALS - Ground of law- Particulars - How to frame ground of law requiring particulars - And the purpose of requiring particulars. D. Stephens Ind. Ltd v. BCCI (Nig.) Ltd (1999) 7 KLR (pt 88) 2305; (1999) 11 NWLR (Pt. 625) 29

APPEALS - Ground of mixed law and fact - Where the appellate court would have to reexamine - The facts found at the trial - And which formed the basis of the judgment - It is a ground of mixed law and fact. Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

APPEALS - Grounds of appeal - Grounds of law - What may be classified as errors of law - Which when addressed to grounds of appeal are categorized as grounds of law. Bamgboye v. University of Ilorin (1999) 6 KLR (pt 86) 1993; (1999) 10 NWLR (Pt. 622) 290

APPEALS - Grounds of appeal - Incompetence - Where no particulars were given - The court was right in striking them out - As incompetent grounds of appeal. Lado v. The State (1999) 6 KLR (pt 85) 1727; (1999) 9 NWLR (Pt. 619) 369

APPEALS - Grounds of appeal - Incompetence - Where the issues formulated for consideration - Hardly follow the grounds of appeal - And the grounds are incompetent - The appeal cannot be competently considered. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

APPEALS - Grounds of appeal - Issues - Where the Court of appeal wrongfully treated some of the grounds of appeal as having been abandoned - But gave due consideration to all the issues of fact pertaining thereto - There was no miscarriage of justice. Ngilari v. Mothercat Ltd (1999) 12 KLR (pt 91) 2835; (1999) 13 NWLR (Pt. 636) 626

APPEALS - Grounds of appeal - Leave - Where some of the grounds are of law and others are either of facts or mixed law and facts - And

leave was not obtained - Only the grounds of law are competent. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

APPEALS - Grounds of appeal - Omnibus ground - Cannot be relied on in raising an issue of law. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

APPEALS - Grounds of appeal - Where found to be based on facts - And no leave was obtained to file them - The grounds will be struck out as incompetent. Ogidi v. Igba (1999) 6 KLR (pt 85) 1761; (1999) 10 NWLR (Pt. 621) 42

APPEALS - Incompetence - Ground of appeal - And the issues formulated therefrom - Which are unrelated to the reason for the decision - Are incompetent. Oba v. Egberongbe (1999) 6 KLR (pt 85) 1667; (1999) 8 NWLR (Pt. 615) 485.

APPEALS - Injunction - Right of appeal where an injunction is granted or refused - Avails the defendants in this case. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

APPEALS - Interlocutory appeal - From Court of Appeal to Supreme Court - Now prohibited by statute - Void decisions are not excluded. Ecoconsult Ltd. v. Pancho Villa Ltd. (1999) 1 KLR (pt 76) 179; (1999) 1 NWLR (Pt. 588) 507

APPEALS - Interlocutory decisions of Court of Appeal - Removal of right of appeal therefrom to Supreme Court - The orders now appealed against are interlocutory decisions. Ecoconsult Ltd. v. Pancho Villa Ltd. (1999) 1 KLR (pt 76) 179; (1999) 1 NWLR (Pt. 588) 507

APPEALS - Interlocutory Orders of the Court of Appeal - If made without jurisdiction - Appellant can move that court to set them aside - Refusal might then ground right of appeal to the Supreme Court.

Ecoconsult Ltd. v. Pancho Villa Ltd. (1999) 1 KLR (pt 76) 179; (1999) 1 NWLR (Pt. 588) 507

APPEALS - Issue - Argument - Where the whole tenor of argument was not directed at the issue formulated - But to an issue which never arose - There is no acceptable argument in support of the issue formulated - To justify interfering with the award of the Court of Appeal. Saeby Jernstoberi Maskinfabric A/S v. Olaogun Ent. Ltd (1999) 12 KLR (pt 91) 2883; (1999) 14 NWLR (Pt. 637) 128

APPEALS - Issue - Doctrine of standing by - Which did not arise - It was erroneous for the court of Appeal - To have made a pronouncement on the issue - Which was neither an issue at the trial nor on the appeal. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

APPEALS - Issue of jurisdiction - Raised as a new issue at the Supreme Court - Although question of jurisdiction can be raised at any time in the proceedings - The proper procedure must be followed. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

APPEALS - Issue - Proper issue - Declaration - Where no declaration was granted - An issue raised on the consequence - Of the failure on the part of the plaintiffs to present a plan - Showing the area for which declaration is sought - It not an issue properly arising. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

APPEALS - Issue - Receiver manager - 1st appellant was entitled to appoint a receiver - To manage respondent's business - And the issue of this appointment - Is not academic - As erroneously held by the Court of Appeal. NBCI v. Alfijir Ltd. (1999) 12 KLR (pt 93) 3151; (1999) 14 NWLR (Pt. 638) 176

APPEALS - Issue - That did not arise under the grounds of appeal - Cannot be raised by the court - And where the court merely raised such issue in the instant case - But did not consider it - It has not occasioned a miscarriage of justice. Bayol v. Ahemba (1999) 7 KLR

(pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

APPEALS - Issue - That is incompetent - Should be struck out - And not pronounced upon - As any such pronouncement will be mere obiter dictum. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

APPEALS - Issues - Appellate courts - Can only decide on issues - Raised on the grounds of appeal filed. Okeke v. Oruh (1999) 4 KLR (pt 81) 945; (1999) 6 NWLR (Pt. 606) 175

APPEALS - Issues - Court of Appeal - Failure to consider issues properly raised before it - Is erroneous. Katto v. CBN (No.2) (1999) 5 KLR (pt 82) 1047

APPEALS - Issues for determination - Essential consideration - In formulating issues for determination. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

APPEALS - Issues - Hypothetical and abstract issues - What they mean - And how such issues affect an appeal. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

APPEALS - Issues - Newly raised by the court - And which do not arise from the parties' pleadings - Any decision based on such issues - Will not be allowed to stand. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

APPEALS - Issues raised - Lower court is under a duty - To consider and determine all non hypothetical issues placed before it - And need not raise the suo motu issue it raised. Okonji v. Njokanma (1999) 12 KLR (pt 93) 3109; (1999) 14 NWLR (Pt. 638) 250

APPEALS - Issues - To be considered - Are only those predicated on good ground of appeal - To avoid taking the other side by surprise. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR

(Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

APPEALS - Judgment - Court of Appeal Act 1976 - Pursuant to section 11 thereof - It is not necessary for all the three justices - Who heard an appeal at the Court of Appeal - To be present together in court on the day of the delivery of judgment - The opinion of any one of them who is absent - May be read by any other justice of that Court. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

APPEALS - Judgment - Court of Appeal - Speculating upon issues not pleaded - Is wrong - But it is not important - Where the learned trial judge did not depend on any such evidence - To determine the suit between the parties. Oyinloye v. Esinkin (1999) 6 KLR (pt 86) 1955; (1999) 10 NWLR (Pt. 624) 540

APPEALS - Judgment - Error - The Court of Appeal was wrong in raising and considering - The question of standing by in this case - But the error did not affect the correctness of its conclusion. Bello v. Fayose (1999) 7 KLR (pt 88) 2403; (1999) 11 NWLR (Pt. 627) 510

APPEALS - Judgment - Evidence - Improper evaluation of evidence - How to prove that the evidence was wrongly evaluated. Igago v. The State (1999) 12 KLR (pt 91) 2933; (1999) 14 NWLR (Pt. 637) 1

APPEALS - Judgment - Findings of facts - By trial court - The attitude of appellate court to such findings. Jov v. Dom (1999) 7 KLR (pt 87) 2181; (1999) 9 NWLR (Pt. 620) 538

APPEALS - Judgment - Issues - Properly raised and heard by the Court of Appeal - Failure to discharge the duty of determining such issues - May vitiate the judgment - But in the instant case failure to consider such issues - Was not fatal to the decision of the Court of Appeal. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

APPEALS - Judgment - Native Courts Proceedings - Where a trial court failed to advert to the principle - That Native Courts are not bound by the technical rules of procedure - Which govern trials in the Courts of Record - The Court of Appeal was right to have interfered - With the judgment of the trial Court. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

APPEALS - Judgment - Nullity - Breach of the constitutional right of fair hearing - By the Court of Appeal - Is sufficient to render it's judgment a nullity. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

APPEALS - Judgment - Perverse decision - An appellate Court is under a duty to interfere - And reverse the decision of a trial court - Which is perverse. Mba v. Agu (1999) 9 KLR (pt 90) 2655; (1999) 12 NWLR (Pt. 629) 1

APPEALS - Judgment - Prescribed period - For delivery of judgments - Under section 258 of the 1979 Constitution - It is not sufficient to establish a contravention of Constitutional provision - It must be established that miscarriage of justice has been occasioned. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

APPEALS - Judgment - Prescribed period - Miscarriage of justice - That is relevant in regard to section 258 (4) of the 1979 Constitution - Is miscarriage of justice suffered by the party complaining - By reason of contravention of that section. Ogundele v. Fasu (1999) 9 KLR (pt 90) 2689; (1999) 12 NWLR (Pt. 632) 662

APPEALS - Judgment - Procedural slip - Where the trial judge erroneously examined - The evidence of a witness given in an earlier proceeding - And the evidence was harmless - This procedural slip cannot alone vitiate the proceeding. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

APPEALS - Judgment - Reversal - Slip - It is not every slip committed by a court - That leads to the reversal of the judgment of that court -

It must be demonstrated that the slip - Substantially affected the outcome of the decision. Bayol v. Ahemba (1999) 7 KLR (pt 88) 2249; (1999) 10 NWLR (Pt. 623) 381

APPEALS - Judgments - Finding - Which is patently perverse - As it is not borne out by the evidence - Must not be allowed to stand. Fasikun II v. Oluronke II (1999) 1 KLR (pt 76) 129; (1999) 2 NWLR (Pt. 589) 1

APPEALS - Judgments - Findings on trespass - By the trial court - Which is supported by the pleadings and evidence - Ought not to have been disturbed by the Court of Appeal. Olorunfemi v. Asho (1999) 1 KLR (pt 75) 25; (1999) 1 NWLR (Pt. 585) 1

APPEALS - Judgments - Opinion of an absent justice - Read as against being pronounced after he had ceased to be a member of such relevant court - Such an opinion would be given without jurisdiction - But the situation in the present case is different. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

APPEALS - Judgments - Order of retrial - Finding of fact - Made by a trial court - Which was supported by evidence - The Court of Appeal was in error to have disturbed such finding - And ordered a retrial. Oyovbiare v. Omamurhomu (1999) 7 KLR (pt 87) 2131; (1999) 10 NWLR (Pt. 621) 23

APPEALS - Judgments - Stay of execution - An appeal will not operate as an automatic stay of execution - But the court should always consider - Whether such judgments if enforced - Will not render nugatory the result obtained on appeal. Dan-Jumbo v. Dan-Jumbo (1999) 7 KLR (pt 88) 2341; (1999) 11 NWLR (Pt. 627) 445

APPEALS - Judgments - Subsistence of - A judgment subsists until set aside on appeal against it - It cannot be set aside in an appeal against another judgment - Order 3 rule 22 Court of Appeal Rules is an exception. F.M.B. v. NDIC (1999) 2 KLR (pt 77) 331; (1999) 2 NWLR (Pt. 591) 333

APPEALS - Jurisdiction - Conferred on the Court of Appeal under s. 224(1) of the 1979 Constitution - To receive appeals from the Customary Court of Appeal - The National Assembly has not prescribed matters with respect to which it is permissible to appeal. Ohai v. Akpoemonye (1999) 1 KLR (pt 76) 165; (1999) 1 NWLR (Pt. 588) 521

APPEALS - Jurisdiction - Grounds of appeal - Which are only of facts or mixed law and facts - The Supreme Court has no jurisdiction to entertain such an appeal - Unless leave has been obtained. Maigoro v. Garba (1999) 7 KLR (pt 87) 2225; (1999) 10 NWLR (Pt. 624) 555

APPEALS - Jurisdiction - Leave to appeal - On a ground of fact or mixed law and fact - Where not sought and obtained - The Supreme Court lacked jurisdiction to entertain the appeal. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

APPEALS - Jurisdiction - Leave - To Appeal on a ground of fact or mixed law and fact - Where not sought and obtained - The Supreme Court lacked jurisdiction to entertain the appeal. Irhabor v. Ogaiamien (1999) 6 KLR (pt 85) 1629; (1999) 8 NWLR (Pt. 616) 517

APPEALS - Jurisdiction - Nullity of an order - The Court of Appeal lacked jurisdiction to sit on appeal - And pronounce on the nullity of an order - When such an issue was not raised by way of an appeal before it. Ezeokafor v. Ezeilo (1999) 6 KLR (pt 86) 1863; (1999) 9 NWLR (Pt. 619) 513

APPEALS - Land law - Concurrent findings of fact - As to the location of the land that was granted - Having sufficient evidence to support them - The findings will not be disturbed by the Supreme Court. Kulobo v. Ikuomola (1999) 9 KLR (pt 90) 2681; (1999) 12 NWLR (Pt. 629) 146

APPEALS - Land law - Damages - Where trial court awarded N250.00 general damages - And there is no appeal against that award - Appeal

Court will not alter it. Adebo v. Saki Estates Ltd (1999) 5 KLR (pt 83) 1197; (1999) 7 NWLR (Pt. 612) 525

APPEALS - Leave to appeal - Application for leave to appeal on questions other than law alone - The additional phrase: "on questions other than law alone" in the application - Is not necessary - But does not affect the main prayer. Bunyan v. Akingboye (1999) 5 KLR (pt 82) 1021; (1999) 7 NWLR (Pt. 609) 31

APPEALS - Leave to appeal - Pursuant to S. 222 (a) of the 1979 Constitution - Legally recognizable interest - Money illegally transferred to the account of the 3rd respondent - Cannot constitute a legally recognizable interest - Of the 3rd respondent in such amount - And cannot rightly be given leave to appeal. SGBN Ltd v. Afekoro (1999) 7 KLR (pt 89) 2419; (1999) 11 NWLR (Pt. 628) 521

APPEALS - Locus standi - Issue of locus in respect of the main action - Was wrongly decided - As it never arose before the Court of Appeal. Adeyemi v. Olakunri (1999) 12 KLR (pt 91) 2909; (1999) 14 NWLR (Pt. 638) 204

APPEALS - Miscarriage of justice - Misdirection - That would justify a holding that a miscarriage of justice had occurred - What constitutes such a misdirection - And who has the burden of proving it. Oyinloye v. Esinkin (1999) 6 KLR (pt 86) 1955; (1999) 10 NWLR (Pt. 624) 540

APPEALS - Miscarriage of justice - Where the judgment of the Court of Appeal - Is not supported by the record of the trial court - And there was failure to consider some grounds of appeal - It resulted in a miscarriage of justice. Uchendu v. Ogboni (1999) 4 KLR (pt 80) 715; (1999) 5 NWLR (Pt. 603) 337

APPEALS - New issue - Reference to exemplary damages by lower court - Is a mere obiter - And does not amount to introducing new issue. Calabar East Co-Operative v. KLR (pt 87) 2199; (1999) 10 NWLR (Pt. 621) 1 (1999) 12 KLR (pt 93) 3233; (1999) 14 NWLR (Pt. 638) 225

APPEALS - Non suit - Revaluation of evidence - Where trial courts findings of fact were not declared perverse - Appellate court should not embark on a revaluation of the evidence. Ngwu v. Ozougwu (1999) 11 KLR (pt 91) 2807; (1999) 13 NWLR (Pt. 636) 512

APPEALS - Nullity of a trial - Order of retrial - Power of the appellate court to order a retrial - Principles guiding it. Adeoye v. The State (1999) 4 KLR (pt 81) 985; (1999) 6 NWLR (Pt. 605) 74

APPEALS - Order - Dismissal - Relief for damages in trespass - Which was abandoned on appeal - The proper order to make is that of dismissal - Since it was dismissed by the lower court. Adelaja v. Alade (1999) 4 KLR (pt 81) 911; (1999) 6 NWLR (Pt. 608) 544

APPEALS - Order - Retrial - Order of - When it is not appropriate to make the order. Okino v. Obanebira (1999) 12 KLR (pt 92) 3007; (1999) 13 NWLR (Pt. 636) 535

APPEALS - Parties - Contention that 4th defendant did not appeal in this matter - Is of no substance - Since all the defendants jointly appealed. Attamah v. The Ang. Bishop of the Niger (1999) 9 KLR (pt 90) 2643; (1999) 13 NWLR (Pt. 633) 6

APPEALS - Parties - Substitution - Application to substitute a representative sole Appellant - After the appeal has been withdrawn - Ought to have been refused. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359

APPEALS - Withdrawal - Notice of withdrawal - Made pursuant to order 3 Rule 18 (2) - Of the Court of Appeal Rules, 1981 - Where one of the parties did not subscribe his signature to the notice - The ingredients of that sub rule have not been satisfied. Okafor v. A-G of Anambra State (1999) 7 KLR (pt 88) 2359