index




	COMPREHENSIVE INDEX TO ALL SUPREME COURT 2012 DECISIONS ACTIONS - Academic suit - Meaning - A suit is academic when it is merely theoretical - And of no practical utilitarian value to plaintiff - Even if judgment is given in his favour (H6) NDP v. INEC (2012) 12 KLR (pt. 320) 3901; (2013) 6 NWLR (PT.1350) 392 ACTIONS - Admiralty - Action in rem - Meaning - It is a proceeding against an arrested ship - In which the owner is compelled to enter appearance - To defend the ship (H1) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169 ACTIONS - Appeals - Consistency - Without obtaining amendment from court - A party has to be consistent in his case - From lower to appellate court (H5) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207 ACTIONS - Appeals - Courts - Abuse of process - Appellant abused the process of court - By instituting this suit as election petition matter - When she has a similar pending suit at the Federal high court (H4) Okadigbo v. Emeka (2012) 1 KLR (pt. 304) 181; (2012) 11 NWLR (PT.1311) 237 ACTIONS - Appeals - Hearing - Preliminary objection to - Success of - Will bring the litigation to an end - If dismissed - The Appeal will be determined on merit (H1) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207 ACTIONS - Appeals - Need for consistency - A party must be consistent in its case - And an appeal is regarded as a continuation of the original action - Rather than an inception of a new suit (H2) Okadigbo v. Emeka (2012) 1 KLR (pt. 304) 181; (2012) 11 NWLR (PT.1311) 237 ACTIONS - Appeals - Need for consistency - Party must be consistent in his case - As it is unstable of 3rd respondent to admit paras 1-17 of supporting affidavit - But denied para 13 of same (H2) Eyiboh v. Abia (2012)




	INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS
			12 KLR (pt. 321) 4301; (2012) 16 NWLR (PT.1325) 51 ACTIONS - Appeals - Parties - Right of appeal - 1999 Constitution s. 233(5) - The right is reserved to party - Aggrieved at decision in a proceeding (H1) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423 ACTIONS - Appeals - Right of appeal - Undefended list - 1999 Constitution s. 241(2)(a) - No right of appeal exists against order of court - Transferring suit from the list to general cause list (H7) Bona.V. Textile Ltd. v. Asaba Textile Mill Plc (2012) 9-12 KLR (pt. 318) 3063; (2013) 2 NWLR (PT.1338) 357 ACTIONS - Appeals - Term of office - Reliefs claimed - Propriety of refusal - Appellants no longer have enforceable rights - As their tenure of office had ceased to exist on 24^th May 2010 (H2) Adepoju v. Yinka (2012) 1 KLR (pt. 304) 37; (2012) 3 NWLR (PT.1288) 567 ACTIONS - Appeals - Undefended suit - Defence to - Federal High Court Rules O.3 rr. 11&12 - Failure to comply - Effect - Appellants are deemed to have no defence (H1) MC Invest. Ltd. v. Core Invest. & Capital Market Ltd. (2012) 6 KLR (pt. 314) 2235; (2012) 12 NWLR (PT.1313) 1 ACTIONS - Banking - Claim for interest - Exhibit E - Not pleaded - Since appellant did not plea the exhibit - It is deemed that same was not intended - To guide transaction between the parties (H7) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1 ACTIONS - Bills of lading - Contract - Notify party - Right of action - He cannot sue because he is not a party to the contract - But merely a person to be notified of the arrival of the goods (H3) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169 ACTIONS - Bills of lading - Parties to - It is a contract for carriage of goods by sea - Between ship-owner and consignor on one part - And consignee on the other - Which allows only parties therein to sue on it (H2) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169



	INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

	ACTIONS - Carriage of goods by sea - Contract - Negligence - Right of action - Where damage to goods occurred during discharge operation - The owner can sue stevedores and their principals (H9) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169 ACTIONS - Cause of action - Applicable law - Is the law as at the time when the cause of action arose - And the suit was initiated (H5) NURTW v. RTEAN (2012) 1 KLR (pt. 304) 149; (2012) 10 NWLR (PT.1307) 170 ACTIONS - Cause of action - Applicable law - Is the law in force at the time of pendency of a suit - And not the procedural law in force when a cause of action arose (H3) Olaleye-ote v. Babalola (2012) 11-12 KLR (pt. 319) 3637; (2012) 6 NWLR (PT.1297) 574 ACTIONS - Cause of action - Applicable law is the law in force at the time cause of action arose - And not the law at the time the jurisdiction of court is invoked (H5) Lagos State Bulk Purchase Corp. v. Purification Techn. Ltd. (2012) 12 KLR (pt. 320) 3829; (2013) 7 NWLR (PT.1352) 82 ACTIONS - Cause of action - Meaning - It refers to entire set of facts that give rise to enforceable claim - Comprising of every fact which if traversed - Plaintiff must prove to entitle him to judgment (H1) Lagos State Bulk Purchase Corp. v. Purification Techn. Ltd. (2012) 12 KLR (pt. 320) 3829; (2013) 7 NWLR (PT.1352) 82 ACTIONS - Cause of action - Meaning - These are facts giving rise to enforceable claim - Including things necessary to give right of action - And material facts that entitle plaintiff to succeed (H1) Sulgrave v. FGN (2012) 12 KLR (pt. 321) 4565; (2012) 17 NWLR (PT.1329) 309 ACTIONS - Cause of action - Meaning - This is fact which gives rise to right to sue in court - And it includes every material fact - Which has to be proved to entitle plaintiff to succeed (H2) Uwazuruonye v. Gov. Imo State (2012) 11-12 KLR (pt. 319) 3415; (2013) 8 NWLR (PT.1355) 28 ACTIONS - Chieftaincy matters - Appeals - Actions - Pleadings - Proof - Plaintiff must rely on strength of his case - And not on weakness of defence (H1) Akande v. Adisa (2012) 5 KLR (pt. 311) 1681; (2012) 15 NWLR




	INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS
			(PT.1324) 538 ACTIONS - Civil matters - Proof - Standard of - Civil suits are determined on preponderance of evidence - And balance of probability - As he who asserts must prove (H5) Iseogbekun v. Adelakun (2012) 11-12 KLR (pt. 319) 3573; (2013) 2 NWLR (PT.1337) 14 ACTIONS - Claim - Jurisdiction - Determination - Basis - Jurisdiction is determined by plaintiff's claim - Which should carefully be examined (H4) Gbagbarigha v. Toruemi (2012) 12 KLR (pt. 321) 4355; (2013) 6 NWLR (PT.1350) 289 ACTIONS - Commencement - Correctness of - Since Exhibit E was obtained on 16/9/94 - Action initiated on 24/3/95 was commenced within 12 months - Prescribed under s.72(1) Nigeria Ports Act (H2) Nig. Ports Plc. v. Beecham Pharm. Ltd (2012) 12 KLR (pt. 321) 4155; (2012) 18 NWLR (PT.1333) 454 ACTIONS - Commencement - Court processes - Jurisdiction - Failure to commence action with valid processes - Affects exercise of court's jurisdiction in the matter (H1) Braithwaite v. Sky Bank Plc (2012) 9-12 KLR (pt. 318) 3087; (2013) 5 NWLR (PT.1346) 1 ACTIONS - Commencement - Manner - Form of commencement is not enough to vitiate an action - If the ends of justice would be compromised - By such technical application of rules (H1) Nagogo v. CPC (2012) 12 KLR (pt. 321) 4441; (2013) 2 NWLR (PT.1339) 448 ACTIONS - Commencement procedure - Competence - Form of commencement does not make an action incompetent - As what is important is the justice of the case (H3) Atago v. Nwuche (2012) 9-12 KLR (pt. 318) 2995; (2013) 3 NWLR (PT.1341) 337 ACTIONS - Consistency - Need for - Parties as well as counsel must be consistent in the presentation of their case - Both at trial and appellate courts (H6) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169 ACTIONS - Constitution - Time fixed - Adherence - Such time cannot be extended beyond constitutional provisions - And non compliance robs court



	INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS



	of jurisdiction over an action (H4) ANPP v. Goni (2012) 2 KLR (pt. 307) 701; (2012) 7 NWLR (PT.1298) 147 ACTIONS - Court processes - Abuse - Characteristics - Saraki v. Kotoye - Abuse arises in improper use of judicial process by party - To interfere with due administration of justice (H2) TSA Ind. Ltd. v. FBN (2012) 12 KLR (pt. 320) 4055; (2012) 14 NWLR (PT.1320) 326 ACTIONS - Court Processes - Legal practitioners - Signature - Since the processes were not signed by person cognizable as legal practitioner - The action should be struck out (H6) Alawiye v. Ogunsanya (2012) 9-12 KLR (pt. 318) 2957; (2013) 5 NWLR (PT.1348) 570 ACTIONS - Court processes - Originating summons - Application - Doherty v. Doherty - The summons is not available for actions - Where the facts are in dispute - And can be used in interpretation of contracts documents Constitution (H6) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423 ACTIONS - Courts - Actions - Reliefs - Alternative claim - Award of - Court will make order in respect of the claim - Where main claim fails (H11) Goldmark Nig. Ltd. v. Ibafon Co. Ltd. (2012) 3 KLR (pt. 309) 1251; (2012) 10 NWLR (PT.1308) 291 ACTIONS - Courts - Competence - Basis - Court is competent in a suit - When it is properly constituted - The subject matter being within its jurisdiction - And the case is initiated by due process of law (H12) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94 ACTIONS - Courts - Competence - Basis - Court's competence in a case depends on - The suit being initiated by due process of law - Before a properly constituted panel - With no feature preventing exercise of jurisdiction (H2) Egunjobi v. FRN (2012) 12 KLR (pt. 321) 4259; (2013) 3 NWLR (PT.1342) 534 ACTIONS - Courts - Competence - Court is competent to entertain a case - When it has unfettered jurisdiction over the subject matter - With a properly constituted judicial membership (H3) Dangana v. Usman (2012) 2 KLR (pt. 306) 577; (2013) 6 NWLR (PT.1349) 50




	INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS
			ACTIONS - Courts - Competence - Court must ensure its competence - And that of matters presented to it - For adjudication (H8) PDP v. Okorocha (2012) 3 KLR (pt. 308) 1155; (2012) 15 NWLR (PT.1323) 205 ACTIONS - Courts - Competence - Madukolu v. Nkemdilim - Court is competent to entertain a case - When it has unfettered jurisdiction over the subject matter - With a properly constituted judicial membership (H2) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423 ACTIONS - Courts - Competence of - A court is competent to entertain a case - When the subject matter of the action is within its jurisdiction - And the action is initiated by due process of law (H3) NURTW v. RTEAN (2012) 1 KLR (pt. 304) 149; (2012) 10 NWLR (PT.1307) 170 ACTIONS - Courts - Declaratory action - Proof - Plaintiff must show existence of subsisting or future legal right - Court is prepared to recognize - And that same is contested (H4) A-G Cross-River State v. A-G Fed. (2012) 7 KLR (pt. 317) 2717; (2012) 16 NWLR (PT.1327) 425 ACTIONS - Courts - Failure to raise triable issue - Court can in appropriate case - Draw conclusions from pleadings - And enter judgment for a party (H3) Unity Bank Plc v. Denclag Ltd. (2012) 3 KLR (pt. 309) 1427; (2012) 18 NWLR (PT.1332) 293 ACTIONS - Courts - Jurisdiction - Actions - Commencement procedure - Since originating summons cannot properly initiate the matter - Court can convert the summons and order pleadings (H4) Atago v. Nwuche (2012) 9-12 KLR (pt. 318) 2995; (2013) 3 NWLR (PT.1341) 337 ACTIONS - Courts - Jurisdiction - Determination - Existing law - The law in force at time of trial - Based on cause of action - Determines court with jurisdiction (H6) Goldmark Nig. Ltd. v. Ibafon Co. Ltd. (2012) 3 KLR (pt. 309) 1251; (2012) 10 NWLR (PT.1308) 291 ACTIONS - Courts - Jurisdiction - Determination of - Basis - It is the claim of plaintiff - That court should examine to determine whether or not it has jurisdiction - To entertain the action (H4) NURTW v. RTEAN (2012) 1 KLR (pt. 304) 149; (2012) 10 NWLR (PT.1307) 170



	INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

	ACTIONS - Courts - Jurisdiction - Undefended list - Transfer to general list - Anambra State High Court Rules O. 24 r. 9(5) - At any stage of the proceedings - Court can order the suit to be so transferred (H3) Intercontinental Bank Plc v. Brifina Ltd. (2012) 5 KLR (pt. 312) 1927; (2012) 13 NWLR (PT.1316) 1 ACTIONS - Courts - Land law - Title - Grant - Appellant cannot be granted title - Without a proper hearing and determination of the suit - By the court (H3) Oronti v. Onigbanjo (2012) 5 KLR (pt. 311) 1825; (2012) 12 NWLR (PT.1313) 23 ACTIONS - Courts - Need to determine on merit - Court must jealously guard its jurisdiction - To hear and determine a case on the merits (H1) Adepoju v. Yinka (2012) 1 KLR (pt. 304) 37; (2012) 3 NWLR (PT.1288) 567 ACTIONS - Courts - Pleadings - Binding nature of - Courts are bound by pleadings before them - And should confine themselves - To the case presented by parties (H4) Ohochukwu v. A-G Rivers State (2012) 2 KLR (pt. 307) 885; (2012) 6 NWLR (PT.1295) 53 ACTIONS - Courts - Processes - Abuse - Need to avoid - Case ought to be determined within reasonable time - As no court would allow party - To abuse it (H3) Chidoka v. First City Finance Co. Ltd. (2012) 7 KLR (pt. 316) 2585; (2013) 5 NWLR (PT.1346) 144 ACTIONS - Courts - Undefended list - Transfer to general list - Basis - Where a judge is satisfied that there is triable issue - The suit must be transferred to general list (H4) Intercontinental Bank Plc v. Brifina Ltd. (2012) 5 KLR (pt. 312) 1927; (2012) 13 NWLR (PT.1316) 1 ACTIONS - Courts processes - Abuse - Determination - Conditions - To constitute abuse - Multiplicity of suits must have been instituted by a person - Against his opponent on same facts (H2) R-Benkay Nig. Ltd. v. Cadbury Nig. Ltd. (2012) 3 KLR (pt. 309) 1383; (2012) 9 NWLR (PT.1306) 596 ACTIONS - Crime - Fraud - Proof - Where allegation of commission of crime is an issue - The same must be proved beyond reasonable doubt (H1) Otukpo v. John (2012) 11-12 KLR (pt. 319) 3667; (2012) 7 NWLR (PT.1299)




	INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS
			357 ACTIONS - Crime - Proof - Criminal act of cross respondent is mere allegation - And under s. 465 Criminal Code - It must be proved beyond reasonable doubt - That exhibit A was forged (H8) Marine Mgt. Asso. v. N.M.A. (2012) 12 KLR (pt. 320) 3863; (2012) 18 NWLR (PT.1333) 506 ACTIONS - Declaratory action - Purpose - Such action is to seek equitable relief - Whereby plaintiff prays court to exercise its jurisdiction - By declaring existing state of affairs in his favour (H3) A-G Cross-River State v. A-G Fed. (2012) 7 KLR (pt. 317) 2717; (2012) 16 NWLR (PT.1327) 425 ACTIONS - Declaratory reliefs - Grant - Without evidence from claimant - Court does not grant such relief - As plaintiff succeeds on the strength of his case (H8) CPC v. Suntai (2012) 11-12 KLR (pt. 319) 3543 ACTIONS - Declaratory reliefs - Need to prove - Appellant has the burden - To establish the seven declaratory reliefs - He claimed (H3) Emenike v. PDP (2012) 5 KLR (pt. 311) 1717; (2012) 12 NWLR (PT.1315) 556 ACTIONS - Doctrine of severance - Civil & criminal allegations - Where civil allegations are severable from criminal allegation - A party can succeed on his civil allegation - If proved (H9) Gundiri v. Nyako (2012) 11-12 KLR (pt. 319) 3341 ACTIONS - Documents - Rejection - Effect - Document rejected in evidence - Cannot be of any relevance in a matter - And its contents cannot fare better (H6) Nig. Ports Plc. v. Beecham Pharm. Ltd (2012) 12 KLR (pt. 321) 4155; (2012) 18 NWLR (PT.1333) 454 ACTIONS - Election petitions - Courts - Appeals - Final judgment - Meaning - Such judgment disposes of rights of parties - And puts an end to the action (H9) Ogboru v. Uduaghan (2012) 3 KLR (pt. 309) 1351; (2012) 11 NWLR (PT.1311) 357 ACTIONS - Elections - Inconsistency - Need to avoid - A party should be consistent - In stating as well as in proving its case (H8) Emenike v. PDP (2012) 5 KLR (pt. 311) 1717; (2012) 12 NWLR (PT.1315) 556 ACTIONS - Elections - Joinder of party - Condition - Party wishing to be



	INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

	joined in existing action - Must have direct or legal interest in same (H3) Bala v. Dikko (2012) 9-12 KLR (pt. 318) 3049; (2013) 4 NWLR (PT.1343) 52 ACTIONS - Elections - Pre-election matters - Courts - Jurisdiction - Joinder of electorates - Electorates cannot be rightly joined - In suit involving candidates in primary election (H2) Nwaogu v. Owuala (2012) 9-12 KLR (pt. 318) 3187 ACTIONS - Estoppel - Application - Since parties and subject matter in earlier suit - Are not different from those of present suit - Appellant is properly stopped from pursuing the appeal (H3) Mezu v. Co-operative & Commerce Bank Plc (2012) 7 KLR (pt. 317) 2831; (2013) 3 NWLR (PT.1340) 188 ACTIONS - Evidence - Admitted facts - Effect - Appellant's earlier position that the property belongs to the company - Stands against his present posture (H1) Mezu v. Co-operative & Commerce Bank Plc (2012) 7 KLR (pt. 317) 2831; (2013) 3 NWLR (PT.1340) 188 ACTIONS - Fair hearing - Application - It applies to live suit - And not to case that is dead by effluxion of time - As in this case (H2) Akpanudoedehe v. Akpabio (2012) 6 KLR (pt. 314) 2211; (2013) 7 NWLR (PT.1354) 485