COMPREHENSIVE INDEX TO ALL SUPREME COURT 2013 DECISIONS

ACCIDENTS - Damages - Award - Chattel loss - Value - Restitutio integrum - Cross appellant should recover such sum - As will place him so far as can be done monetarily - In the same position as if the loss had not occurred (H5) Oando Nig. Plc. v. Adijere W. A. Ltd. (2013) 5 KLR (pt. 330) 2459; (2013) 15 NWLR (Pt.1377) 374

ACCIDENTS - Damages - Chattel loss - Replacement time - Since the truck was completely burnt down - The reasonable period to make a replacement - Would be calculated as N9,672.30 multiplied by 180 days (H3) Oando Nig. Plc. v. Adijere W. A. Ltd. (2013) 5 KLR (pt. 330) 2459; (2013) 15 NWLR (Pt.1377) 374

ACCIDENTS - Defence of - Sustainability - 1999 Constitution s. 33(2) cannot avail appellant - Since his act in defence of property - Excludes shooting by accident (H3) Dogo v. State (2013) 3 KLR (pt. 326) 1249; (2013) NWLR (Pt.1361) 160

ACCIDENTS - Evidence - Unchallenged evidence - As respondents did not deny the facts giving rise to the accident - Evidence given for appellant is credible - And should be accepted and acted upon by the court (H2) Ighreriniovo v. S.C.C. Nig. Ltd. (2013) 4 KLR (pt. 328) 1853; (2013) 10 NWLR (Pt.1361) 138

ACCIDENTS - Murder - Defence - Accident - Sustainability - Appellant failed to discharge the onus on him to prove the defence - And his words of threat attest to the intentional killing of the deceased (H3) Jimmy v. State (2013) 4 KLR (pt. 327) 1699; (2013) 18 NWLR (Pt.1386) 229 S. C.

ACCIDENTS - Murder - Self defence - Plea of - Sustainability - Act done in slight anger could not have occurred by accident - And appellant being a military man - Cannot rely on self defence to kill unarmed civilian (H4) Nwokeoru v. State (2013) 5 KLR (pt. 329) 2165; (2013) 16 NWLR (Pt.1380) 207

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ACTIONS - Appeals - Determination - Academic issue - Since appellant has retired with full benefits - He does not stand to gain further in the appeal - As to do so will amount to engaging in fruitless exercise (H4) Abe v. University of Ilorin (2013) 5 KLR (pt. 329) 2001; (2013) 16 NWLR (Pt.1379) 183

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

ACTIONS - Appeals - Fresh issue on - Appellate court can accommodate such issue - Provided appellant does not introduce - New line of defence different from those of parties at lower court (H4) Udo v. Regd. Trustees of the Brotherhood of the Cross & Star (2013) 2 KLR (pt. 324) 847; (2013) 14 NWLR (Pt.1375) 488

ACTIONS - Appeals - Issues - Purpose - Issues are formulated to enable parties narrow the matter in controversy in the appeal - In the interest of clarity and brevity (H2) Akeredolu v. Mimiko (2013) 8-12 KLR (pt. 336) 3895; (2014) 1 NWLR (Pt.1388) 402

ACTIONS - Appeals - Jurisdiction - Pursuant to SC Act s. 22 - Suit No. K/750/2000 is struck out for being incompetent - As the process leading to the judgment therein was flawed - Hence the HC had no jurisdiction to entertain it (H4) Halilco Nig. Ltd. v. Equity Bank Nig. Ltd. (2013) 6 KLR (pt. 332) 2937; (2013) 12 NWLR (Pt.1367) 1

ACTIONS - Appeals - Meaning - Is continuation of case instituted at trial court - And final end of appeal cannot produce a relief - Different from that which originated at trial (H6) Eyigebe v. Iyaji (2013) 5 KLR (pt. 330) 2329; (2013) 11 NWLR (Pt.1365) 407

ACTIONS - Appeals - Nature & purpose of - Appeal is continuation of an action - And no new issues can be raised on appeal (H16) Nnakwe v. State (2013) 7 KLR (pt. 333) 3273; (2013) 18 NWLR (Pt.1385) 1

ACTIONS - Appeals - Notice of appeal - Signing - Legal personality - N.O.O. Oke & Co. being a business name - Cannot sue nor defend action in court - For not being recognized as a legal person (H3) Nigerian Army v. Samuel (2013) 7 KLR (pt. 334) 3385; (2013) 14 NWLR (Pt.1375) 466

ACTIONS - Approbating and reprobating - Appeal - Parties - Pleadings - Consistency _ Respondents are not permitted to approbate and reprobate - In their claim of ownership of the property - As parties are bound by their pleadings (H5) Abeke v. Odunsi (2013) 5 KLR (pt. 330) 2285; (2013) 13 NWLR (Pt.1370) 1

ACTIONS - Beneficial evidence - Use - Plaintiff is not to utilize both beneficial and non beneficial evidence - As he is only permitted to take the beneficial evidence - To reinforce his case (H7) Oguanuhu v. Chiegboka (2013) 1-2 KLR (pt. 323) 521; (2013) 6 NWLR (Pt.1351) 588

ACTIONS - Cause of action - Absence of - Cause of action enthrones jurisdiction on court - And absence of it renders the suit incompetent

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

- And liable to be struck out (H4) Chukwu v. Akpelu (2013) 12 KLR (pt. 337) 4177; (2014) 13 NWLR (Pt.1424) 359

ACTIONS - Cause of action - Applicable law - Action is governed by the substantive law in force - At the time the cause of action arose - Which in this case is the 2007 Court of Appeal Rules (H1) Nworah v. Nwabueze (2013) 5 KLR (pt. 330) 2431; (2013) 16 NWLR (Pt.1379) 1

ACTIONS - Cause of action - Determination - Cause of action arose on 2^nd October 1997 - When appellant made it known that it would not confirm the appointment of respondent (H1) University of Jos v. Ikegwuoha (2013) 12 KLR (pt. 338) 4615; (2013) 9 NWLR (Pt.1360) 478

ACTIONS - Cause of action - Ingredients - The phrase denotes presence of wrongful act of defendant - And subsequent damage caused to plaintiff (H3) Chukwu v. Akpelu (2013) 12 KLR (pt. 337) 4177; (2014) 13 NWLR (Pt.1424) 359

ACTIONS - Cause of action - Meaning - It means cause of complaint - Civil right or obligation fit to be determined by court - And dispute in which court can invoke its powers (H1) Yare v. N. S. W. I. C. (2013) 5 KLR (pt. 329) 2267; (2013) 12 NWLR (Pt.1367) 173

ACTIONS - Cause of action - Source - Plaintiff's statement of claim determines - Whether a cause of action is disclosed in a suit (H2) Chukwu v. Akpelu (2013) 12 KLR (pt. 337) 4177; (2014) 13 NWLR (Pt.1424) 359

ACTIONS - Commencement - Legal personality - Party who institutes action in court must be a legal person - Either as a natural person - Or as an institution having juristic personality (H1) Reptico S.A. Geneva v. Afribank Plc (2013) 5 KLR (pt. 329) 2091; (2013) 14 NWLR (Pt.1373) 172

ACTIONS - Commencement - Validity - Appellant does not exist in law - For failing to prove its juristic personality to sue and be sued - Hence its action in the trial court is incompetent (H4) Reptico S.A. Geneva v. Afribank Plc (2013) 5 KLR (pt. 329) 2091; (2013) 14 NWLR (Pt.1373) 172

ACTIONS - Commencement - Wrong procedure - Such procedure does not constitute jurisdictional issue - Since the lapse does not defeat cause of action - Except where specifically stated in the rules of court (H5) Udo v. Regd. Trustees of the Brotherhood of the Cross & Star (2013) 2 KLR (pt. 324) 847; (2013) 14 NWLR (Pt.1375) 488

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

ACTIONS - Company - Legal personality - Proof - Issue of appellant's legal personality cannot be treated on affidavit evidence - And except it is admitted - It must be proved that appellant has ceased to exist (H15) Musaconi Ltd. v. Aspinall (2013) 6 KLR (pt. 331) 2695; (2013) 14 NWLR (Pt.1375) 435

ACTIONS - Consistency of - Appellant portrayed a confused state of affairs - As he shunts his case from pillar to post - Contrary to the holden in Okolo's case that litigation is not open ended (H4) Ekunola v. CBN (2013) 4 KLR (pt. 327) 162; (2013) 15 NWLR (Pt.1377) 224

ACTIONS - Constitutional law - Federal HC - Jurisdiction - 1999 Constitution s. 251(1)(p)(q)(r)- Applicability - To determine application of the provisions - Subject matter and parties in the action must be examined (H8) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

ACTIONS - Contracts - Interest - Basis - Where appellant claimed 45% interest per month - Trial court's award of 45% interest per annum - Is awarding what was not claimed in statement of claim or oral evidence (H10) Abba v. SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

ACTIONS - Counter claim - Proof - It is an independent and separate action - In which defendant/counter claimant has burden to prove the counter claim - To be entitled to judgment thereon (H2) Maobison Inter-link Associated Ltd. v. UTC Nig. Plc. (2013) 4 KLR (pt. 328) 1871; (2013) 9 NWLR (Pt.1359) 197

ACTIONS - Counter claim - Reply to - As there was no dispute on the amount counter claimed - Appellant's failure to file reply was not damaging to its case - And respondent is entitled to the amount (H3) Maobison Inter-link Associated Ltd. v. UTC Nig. Plc. (2013) 4 KLR (pt. 328) 1871; (2013) 9 NWLR (Pt.1359) 197

ACTIONS - Court - Discretion - Declaratory reliefs - Consideration of the reliefs calls for exercise of discretion - Which must be carried out judicially and judiciously (H7) Nwaogu v. Atuma (2013) 12 KLR (pt. 338) 4491; (2013) 11 NWLR (PT.1364) 117

ACTIONS - Court - Relief - Basis for grant - Any one that asks for indulgence of court must place before it - All necessary materials which will assist court - In arriving at a just decision (H12) Vab Petroleum Inc. v. Momah (2013) 1 KLR (pt. 322) 249; (2013) 14 NWLR (Pt.1374) 284

ACTIONS - Court processes - Abuse - Concept - This means that

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

process of court has not been used properly - But process not filed in court - Cannot constitute abuse of process (H6) CPC v. Ombugadu (2013) 7 KLR (pt. 334) 3401; (2013) 18 NWLR (Pt.1385) 66

ACTIONS - Court processes - Filing fee - Claim for interest - Proof of rate - As there was no claim for interest in the writ - Its claim in statement of claim cannot be entertained - Since no such claim was assessed - Nor was filing fee paid for it (H9) Abba v. SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

ACTIONS - Court processes - Originating process - Defect in - Amendment - Process that was not properly signed by counsel is incompetent ab initio - And same cannot be cured by amendment (H3) Ministry of Works & Transport v. Yakubu (2013) 1-2 KLR (pt. 323) 289; (2013) 6 NWLR (Pt.1351) 481

ACTIONS - Courts - Cause of action - Determination - Court is guided to restrict itself to the statement of claim - By considering those averments that form the gravamen of the claim (H2) Yare v. N. S. W. I. C. (2013) 5 KLR (pt. 329) 2267; (2013) 12 NWLR (Pt.1367) 173

ACTIONS - Courts - Illegality - Need to note - Court must take cognizance of illegality it finds in the course of a matter - Even if such is not triable in the court - But in another tribunal (H1) Ajayi v. Total Nig. Plc. (2013) 7 KLR (pt. 334) 3333; (2013) 15 NWLR (Pt.1378) 423

ACTIONS - Courts - Reliefs - Grant - Condition - For a party to be awarded relief - He must not only plead with particularity - But also prove by credible and convincing evidence - Entitlement to the relief he seeks (H4) University of Jos v. Ikegwuoha (2013) 12 KLR (pt. 338) 4615; (2013) 9 NWLR (Pt.1360) 478

ACTIONS - Damages - Award - Pleadings - Specific claim - Award of N9,672.30 per day for loss of vehicle usage up to a point is justifiable - For failure of appellant to deny the claim (H1) Oando Nig. Plc. v. Adijere W. A. Ltd. (2013) 5 KLR (pt. 330) 2459; (2013) 15 NWLR (Pt.1377) 374

ACTIONS - Damages - Contract - Torts - Since chattel does not include abstract money - The award of N2 million based on detinue is wrong - As measure of damages in tort is not the same as in contract (H2) Aminu Ishola Invest. Ltd v. Afribank Plc (2013) 2 KLR (pt. 325) 1025; (2013) 9 NWLR (Pt.1359) 380

ACTIONS - Declaratory relief - Grant - Principles - Court must exercise its discretion judicially and judiciously - And should carefully weigh evidence on imaginary scale (H8) INEC v. Atuma (2013) 5 KLR (pt.

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

330) 2375; (2013) 11 NWLR (Pt.1366) 494

ACTIONS - Declaratory relief - Proof - Plaintiff must establish the relief to the satisfaction of court - As such relief is not granted - Even on admission by defendant (H1) Matanmi v. Dada (2013) 2 KLR (pt. 324) 725; (2013) 7 NWLR (Pt.1353) 319

ACTIONS - Declaratory relief - Proof - Plaintiff must establish the relief to the satisfaction of court - And such relief is not granted either in default - Or on admission by defendant (H2) INEC v. Atuma (2013) 5 KLR (pt. 330) 2375; (2013) 11 NWLR (Pt.1366) 494

ACTIONS - Delay - Elections - Jurisdiction - Supreme Court cannot interfere - Since the Lower courts correctly held that the matter is spent - As appellant delayed to claim his rights after the election (H2) Salim v. CPC (2013) 2 KLR (pt. 324) 829; (2013) 6 NWLR (Pt.1351) 501

ACTIONS - Documents - Admissibility - Mere fact that Exhibits E, F & C were prepared during pendency of suit - Does not render them inadmissible - As it has not been shown that the maker has financial or tainted interest - In the outcome of the case (H11) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

ACTIONS - Evidence - Admissibility - Evidence Act s. 91(3) does not support appellant's case - And Exhibits 4, 5, 6 & 7 are admissible - Since the maker acted in official capacity - And not as a person interested (H1) U.T.C. Nig. Plc. v. Lawal (2013) 8-12 KLR (pt. 336) 4133; (2014) 5 NWLR (Pt.1400) 221

ACTIONS - Evidence - Civil matters - Standard of proof - Civil cases are decided on preponderance of evidence - As Judge is expected to weigh evidence of both sides on imaginary scale - To determine where the pendulum will tilt (H10) Ajibulu v. Ajayi (2013) 12 KLR (pt. 337) 4153; (2014) 2 NWLR (Pt.1392) 483

ACTIONS - Evidence - Evidence Act s. 83(3) - Application - The section is not applicable to Exhibit CA1 - As 2^nd respondent who made same - Was performing official assignment - Without direct personal interest in the result of litigation (H5) CPC v. Ombugadu (2013) 7 KLR (pt. 334) 3401; (2013) 18 NWLR (Pt.1385) 66

ACTIONS - Hearing - Interlocutory injunction - Since parties in suit no. HOS/134/64 differ from those in HRE/4/97 - Granting of the injunction will prejudice trial in the substantive suit (H4) Adeleke v. Lawal (2013) 2 KLR (pt. 324) 623; (2014) 3 NWLR (Pt.1393) 1

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

ACTIONS - Injunctions - Grant - Basis for - Order of declaration or injunction can only be granted - If appellants established their legal right - To the subject matter of the claim (H4) Ayida v. Town Planning Authority (2013) 4 KLR (pt. 328) 1811; (2013) 10 NWLR (Pt.1362) 226

ACTIONS - Judgments - Declaratory judgment - Rights - Infringement - Once rights declared are infringed - Fresh proceedings are needed for enforcement - As the judgment cannot be enforced by execution (H2) Olabomi v. Oyewole (2013) 7 KLR (pt. 333) 3319

ACTIONS - Jurisdiction - Basis - For court to assume jurisdiction over a matter - The matter must be commenced by due process of law - And upon fulfilment of any condition precedent (H4) Nworah v. Nwabueze (2013) 5 KLR (pt. 330) 2431; (2013) 16 NWLR (Pt.1379) 1

ACTIONS - Justice - Importance - Expected result of adjudication on a matter is whether or not justice has been done - Hence technicality which breeds injustice should not be allowed (H4) Ikechukwu v. Nwoye (2013) 12 KLR (pt. 337) 4305; (2014) 4 NWLR (Pt.1397) 227

ACTIONS - Land law - Estoppel - Respondent having established title conveyed by Exhibit A - And relied on Exhibits D, C1 & C2 - Appellants are estopped from relitigating - The facts of the land belonging to the Oba - And that appellants were customary tenant (H5) Olaniyan v. Fatoki (2013) 7 KLR (pt. 335) 3829; (2013) 17 NWLR (Pt.1384) 477

ACTIONS - Land law - Title - Appellants are entitled to benefits that accrued to respondents by judgment in suit no. ID/1883/89 - Since title had passed to the former - At the time the action was instituted (H1) Gbadamosi v. Akinloye (2013) 7 KLR (pt. 333) 3225; (2013) 15 NWLR (Pt.1378) 455

ACTIONS - Legal practitioners - Authority - Conduct of case - Where counsel acts within scope of authority - Without express or implied limitation - Client is bound by exercise of such authority (H2) Ogboru v. Uduaghan (2013) 6 KLR (pt. 332) 2981; (2013) 13 NWLR (Pt.1370) 33 ; (2013) 13 NWLR (Pt.1370) 33

ACTIONS - Legal practitioners - Error - Effect on litigant - Principle of not visiting litigant with sins of counsel is not absolute - As litigant is supposed not to be indifferent - To his counsel's conduct of his case (H2) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

ACTIONS - Limitation - Election petitions - Filing - Time limit - Such petitions are sui generis as they are limited by time - Hence by Electoral Act para. 14(2)(a)(b) 1^st Sch. - Amendment or fresh evidence are not allowed at the expiration of the filing period (H1) Oke v. Mimiko (2013) 5 KLR (pt. 329) 2195; (2014) 1 NWLR (PT.1388) 225

ACTIONS - Limitation - Public Officers' Protection Act - Appellant's action is statute barred - As he delayed to enforce his right within 3 months - Upon being relieved of his employment (H4) Yare v. N. S. W. I. C. (2013) 5 KLR (pt. 329) 2267; (2013) 12 NWLR (Pt.1367) 173

ACTIONS - Limitation law - Applicability - Where a party is denied opportunity to bring his action timeously - The law will not apply (H6) Nigerian Army v. Warrant Officer Banni Yakubu (2013) 1-2 KLR (pt. 323) 471; (2013) 8 NWLR (PT.1355) 1

ACTIONS - Main & alternative relief - Party can plead in the main and alternatively - But court is bound to grant only one at expense of the other - Where the latter was made ancillary to the former (H4) Abia State Ind. Elec. Com. v. Kanu (2013) 5 KLR (pt. 330) 2313; (2013) 13 NWLR (PT.1370) 69

ACTIONS - Mandamus - Injunction - Claim for - Procedure - By High Court Rules of Lagos State O. 43 r. 1 - The reliefs could be claimed and considered separately (H3) Ayida v. Town Planning Authority (2013) 4 KLR (pt. 328) 1811; (2013) 10 NWLR (Pt.1362) 226

ACTIONS - Master & servant - Contract of service - Is bedrock upon which aggrieved employee may found his case - As he succeeds or falls on the terms thereof (H1) Dudusola v. Nigerian Gas Co. Ltd. (2013) 12 KLR (pt. 338) 4449; (2013) 10 NWLR (Pt.1363) 423

ACTIONS - Master & servant - High Court - Since the action is for wrongful termination of employment and not trade dispute - The court's jurisdiction is not ousted by Trade Dispute Act s. 47(1) (H8) Osoh v. Unity Bank Plc. (2013) 2 KLR (pt. 325) 1133; (2013) 9 NWLR (Pt.1358) 1

ACTIONS - Master & servant - Jurisdiction - Since there was non compliance with NICON Act s. 26(2) - The court has no jurisdiction to entertain the action (H4) Ugwuanyi v. NICON Insurance Plc (2013) 1-2 KLR (pt. 323) 587; (2013) 11 NWLR (Pt.1366) 546

ACTIONS - Master & servant - Pre action notice - NICON Act s. 26(2) placed duty on appellant to serve the notice - Before com

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

mencing any action against respondent (H2) Ugwuanyi v. NICON Insurance Plc (2013) 1-2 KLR (pt. 323) 587; (2013) 11 NWLR (Pt.1366) 546

ACTIONS - Master & servant - Termination - Damages in action for termination of employment - Can only follow events - Where the termination is wrongful (H5) Osoh v. Unity Bank Plc. (2013) 2 KLR (pt. 325) 1133; (2013) 9 NWLR (Pt.1358) 1

ACTIONS - Necessary party - Joinder - As the trial court's judgment would affect 3^rd respondent - It is desirable that 3^rd respondent be heard - So that court can effectively settle all questions in the matter (H5) Gassol v. Tutare (2013) 12 KLR (pt. 338) 4463; (2013) 14 NWLR (Pt.1374) 221

ACTIONS - Negligence - Proof - To succeed in such action - Plaintiff must show that defendant owes him duty of care - And that he has suffered damage - In consequence of the breach of the duty towards him (H1) Ighreriniovo v. S.C.C. Nig. Ltd. (2013) 4 KLR (pt. 328) 1853; (2013) 10 NWLR (Pt.1361) 138

ACTIONS - Parties - Consistency - Party who is successful at trial court - Ought not to be confronted with new case on appeal - Simply because his adversary decided to bring his case in dribbles (H3) Adeyefa v. Bamgboye (2013) 2 KLR (pt. 324) 647; (2013) 10 NWLR (Pt.1363) 532

ACTIONS - Parties - Joinder of - Basis - Odeleye v. Adepegba - Defendant can be joined where plaintiff's or defendant's case in existing action - Cannot be effectively determined without the joinder (H4) Associated Discount House Ltd. v. Minister of FCT (2013) 2 KLR (pt. 324) 685; (2013) 8 NWLR (Pt.1357) 493

ACTIONS - Parties - Joinder of - Proper time - Nnaji v. Aneke - Order for joinder or non joinder may be made at any time - Upon application of either party - But such must be done if the action is pending (H3) Associated Discount House Ltd. v. Minister of FCT (2013) 2 KLR (pt. 324) 685; (2013) 8 NWLR (Pt.1357) 493

ACTIONS - Parties - Need for consistency - A party should be consistent in stating his case - And in proving same (H2) Oshiomole v. Ehigie (2013) 1 KLR (pt. 322) 1; (2013) 12 NWLR (Pt.1368) 25691

ACTIONS - Party - Necessary party - From the circumstances of the matter - Appellant is a necessary party that is to be bound by decision in the proceedings (H2) FBN Plc v. Ozokwere (2013) 12 KLR (pt. 337) 4203; (2014) 3 NWLR (Pt.1395) 439

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

ACTIONS - Party - Necessary party - Is one whose presence in an action is essential - For the effectual and complete determination of the claim before the court (H2) Olawoye v. Jimoh (2013) 4 KLR (pt. 328) 1887; (2013) 13 NWLR (Pt.1371) 362

ACTIONS - Party - Pleadings - Unclaimed relief - It does not lie within the power of court - To grant a relief not claimed by a party in his pleadings (H3) Eyigebe v. Iyaji (2013) 5 KLR (pt. 330) 2329; (2013) 11 NWLR (Pt.1365) 407

ACTIONS - Party - Status - Parties are natural or artificial persons - Whose names appear on the record of the court - As plaintiffs and defendants (H1) Olawoye v. Jimoh (2013) 4 KLR (pt. 328) 1887; (2013) 13 NWLR (Pt.1371) 362

ACTIONS - Pleadings - Averment - Specific denial - By amendment of Supreme Court Rules in 1989 - Defendant must specifically traverse - Any claim for damages in an action (H4) Oando Nig. Plc. v. Adijere W. A. Ltd. (2013) 5 KLR (pt. 330) 2459; (2013) 15 NWLR (Pt.1377) 374

ACTIONS - Pleadings - Relief - Facts - Party must plead facts needed to establish his right to relief claimed - As evidence of facts not pleaded goes to no issue (H3) Yare v. N. S. W. I. C. (2013) 5 KLR (pt. 329) 2267; (2013) 12 NWLR (Pt.1367) 173

ACTIONS - Pleadings - Unchallenged averments - Evidence on amount claimed constituted sufficient proof of special damages - Recoverable by respondent - As the evidence was admitted without objection (H6) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

ACTIONS - Practice & procedure - Applicable rule - Is the rule in force at the time of trial of the action - Or when the application is heard - Unless there is any provision to the contrary (H2) Nworah v. Nwabueze (2013) 5 KLR (pt. 330) 2431; (2013) 16 NWLR (Pt.1379) 1

ACTIONS - Private land - Acquisition - Locus standi - Appellants rightly instituted suit no. M/779/93 - To challenge the State government's acquisition of the hectares of land - The title to which appellants acquired by purchase (H2) Gbadamosi v. Akinloye (2013) 7 KLR (pt. 333) 3225; (2013) 15 NWLR (Pt.1378) 455

ACTIONS - Relief - Failure to claim - Since appellant never claimed for release of its title documents - Same was never decreed in its favour - As court does not grant relief not claimed (H8) Alims Nig. Ltd. v. United Bank for Africa (2013) 1 KLR (pt. 322) 35; (2013) 6

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

NWLR (Pt.1351) 613

ACTIONS - Reliefs - Binding nature - Courts are bound by claims sought before them - And any prayer granted without being pre-claimed by parties - Is invalid (H2) Akinrimisi v. Maerks Nig. Ltd. (2013) 3 KLR (pt. 326) 1237; (2013) 10 NWLR (Pt.1361) 73

ACTIONS - Reliefs - Vagueness of - Fate - Respondent's claims pertaining to promotions and entitlements are uncertain - And as such must fail as there was no evidence - To prove his entitlement to same (H5) University of Jos v. Ikegwuoha (2013) 12 KLR (pt. 338) 4615; (2013) 9 NWLR (Pt.1360) 478

ACTIONS - Statutes - Provisions - Adherence to - Where statute prescribes a legal line of action for initiating court process - All remedies in the statute should be followed to the letter (H5) Aladejobi v. NBA (2013) 7 KLR (pt. 335) 3623; (2013) 15 NWLR (Pt.1376) 66

ACTIONS - Technicality - Effect - The Procedural irregularities in the matter - Did not adversely affect appellant - Nor occasioned any miscarriage of justice (H13) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

ACTIONS - Title - Possession - Respondents have established title as shown in exhibits P1 & P2 - As a successful defence of a previous land case - Is in itself an act of possession - In ascertaining title (H3) Apata v. Olanlokun (2013) 7 KLR (pt. 334) 3359; (2013) 17 NWLR (Pt.1383) 221

ACTIONS - Title - Res judicata - Application - Estoppel per rem judicatam is applicable here - As the parties, land and subject matter in exhibits P1 & P2 are the same (H2) Apata v. Olanlokun (2013) 7 KLR (pt. 334) 3359; (2013) 17 NWLR (Pt.1383) 221

ACTIONS - Torts - Detinue - Nature of - Kosile v. Folarin - Detinue involves unlawful diversion of plaintiff's chattel - Which he has immediate right to possess - After having demanded for its return (H1) Aminu Ishola Invest. Ltd v. Afribank Plc (2013) 2 KLR (pt. 325) 1025; (2013) 9 NWLR (Pt.1359) 380

ACTIONS - Town planning Law - Contravention of - Appellants do not have injunctive relief under Lagos Urban Planning Law - And they failed to show how they will suffer greater injury than others - By alleged contravention of that law (H5) Ayida v. Town Planning Authority (2013) 4 KLR (pt. 328) 1811; (2013) 10 NWLR (Pt.1362) 226

ACTIONS - Undefended list - General cause list - Transfer to - Basis -

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

As issue raised by respondent is defence on merit - The same should be tested at the full trial of the action (H2) Ed-Of Nig. Ltd. v. Snig Nig. Ltd. (2013) 2 KLR (pt. 325) 965; (2013) 9 NWLR (Pt.1359) 276

ACTIONS - Undefended suits - Judgment - Merit - Judgment handed down under the list - Is one on merit and can only be set aside on appeal - Or by another action in case of fraud (H7) Obaro v. Hassan (2013) 1-2 KLR (pt. 325) 965; (2013) 8 NWLR (Pt.1357) 425

ACTIONS - Undefended suits - Procedure - Under High Court Rules of Delta State O. 23 - Plaintiff can by this process recover liquidated money demands from defendant - Without a full blown civil trial (H1) Ed-Of Nig. Ltd. v. Snig Nig. Ltd. (2013) 2 KLR (pt. 325) 965; (2013) 9 NWLR (Pt.1359) 276

ACTIONS - Waiver - Plea of - Sustainability - Court must be satisfied that a party has consciously waived his right - Before upholding the plea (H6) Ugwuanyi v. NICON Insurance Plc (2013) 1-2 KLR (pt. 323) 587; (2013) 11 NWLR (Pt.1366) 546

ADJOURNMENTS - Undefended suits - Defence - UTC v. Pamotei - Where defendant intends to defend but has taken improper step - Adjournment may be given to rectify the defect - To enable court consider his defence (H5) Dangote Textile Ltd. v. Hascon Asso. Nig. Ltd. (2013) 5 KLR (pt. 329) 2049; (2013) 16 NWLR (Pt.1379) 60

ADMINISTRATION OF ESTATES - Court - Jurisdiction - From the address available to court - The deceased lived and owned property in Lagos - Within jurisdiction of the trial court (H3) Amobi v. Nzegwu (2013) 8-12 KLR (pt. 336) 3953; (2014) 2 NWLR (Pt.1392) 510

ADMINISTRATION OF ESTATES - Court processes - Statement of defence - Amendment - Granting of the oral application to amend the statement - Brought the pleadings in line with evidence on record - As per due execution of the will (H5) Eta v. Dazie (2013) 3 KLR (pt. 326) 1269; (2013) 9 NWLR (Pt.1359) 248

ADMINISTRATION OF ESTATES - Customary law - Right of women - It is unfair to deny appellants' entitlement to benefit from their father's properties - By virtue of a customary law of their birth place (H1) Asika v. Atuanya (2013) 7 KLR (pt. 335) 3651; (2013) 14 NWLR (Pt.1375) 510

ADMINISTRATION OF ESTATES - Legal fees - Payment of - Legal fees of counsel are paid out of the estate of the deceased - Usually after counsel are heard (H7) Odutola v. Mabogunje (2013) 1 KLR (pt. 322) 161; (2013) 7 NWLR (Pt.1354) 522

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

ADMINISTRATION OF ESTATES - Letter of administration - Grant - HC has wide powers to make the grant - And where application for grant is not specific - The court may by Administration of Estate Law s. 22 - Limit the grant as it sees fit (H5) Amobi v. Nzegwu (2013) 8-12 KLR (pt. 336) 3953; (2014) 2 NWLR (Pt.1392) 510

ADMINISTRATION OF ESTATES - Probate grant - Revocation - Appellants must first call evidence to invalidate the grant - Before facing their claim on validity of the will - Where respondents are expected to begin evidence (H3) Nsefik v. Muna (2013) 12 KLR (pt. 337) 4347; (2014) 2 NWLR (Pt.1390) 151

ADMINISTRATION OF ESTATES - Will - Beneficiaries - Hierarchy - Justice demands that respondent takes his father's place in the will - As one who succeeds to another's right - Ought to use that person's right (H6) Asika v. Atuanya (2013) 7 KLR (pt. 335) 3651; (2013) 14 NWLR (Pt.1375) 510

ADMINISTRATION OF ESTATES - Will - Evidence - Unpleaded facts - Evidence led on facts not pleaded - Go to no issue and is liable to be expunged (H4) Eta v. Dazie (2013) 3 KLR (pt. 326) 1269; (2013) 9 NWLR (Pt.1359) 248

ADMINISTRATION OF ESTATES - Will - Proof - Where there is dispute as to a will - The propounders of the will must prove by evidence - That prima facie all is in order in respect of the will (H2) Nsefik v. Muna (2013) 12 KLR (pt. 337) 4347; (2014) 2 NWLR (Pt.1390) 151

ADMINISTRATION OF ESTATES - Will - Propounder of - Respondent as the propounder of the will - Has a duty to plead and prove due execution of same (H3) Eta v. Dazie (2013) 3 KLR (pt. 326) 1269; (2013) 9 NWLR (Pt.1359) 248

ADMINISTRATION OF ESTATES - Will - Testamentary capacity - It is presumed that deceased's mental capacity exists - Until the contrary is proved by plaintiff (H4) Odutola v. Mabogunje (2013) 1 KLR (pt. 322) 161; (2013) 7 NWLR (Pt.1354) 522

ADMINISTRATION OF ESTATES - Wills - Beneficiaries - Equity - Justice demands that appellants who shared the property - Should not be the first to take by choice - As he who comes to equity must come with clean hands (H7) Asika v. Atuanya (2013) 7 KLR (pt. 335) 3651; (2013) 14 NWLR (Pt.1375) 510

ADMINISTRATION OF ESTATES - Wills - Bini native law - Deceased's will is voided only to the extent - That Igiogbe was not bequeathed to

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

appellant as eldest son - But other parts of the will are valid (H3) Uwaifo v. Uwaifo (2013) 4 KLR (pt. 327) 1737; (2013) 10 NWLR (Pt.1361) 185

ADMINISTRATION OF ESTATES - Wills - Court of Appeal - Findings - Correctness of - The court did not act in excess of its jurisdiction - As it only directed that disposition of the property - Be guided by intention of the testator in exhibit P1 (H5) Asika v. Atuanya (2013) 7 KLR (pt. 335) 3651; (2013) 14 NWLR (Pt.1375) 510

ADMINISTRATION OF ESTATES - Wills - Equity - It is injustice to alter the 3^rd position of respondent's father in the hierarchy of the will - And appellants who want equity are expected to do equity (H2) Asika v. Atuanya (2013) 7 KLR (pt. 335) 3651; (2013) 14 NWLR (Pt.1375) 510

ADMINISTRATIVE LAW - Appeals - Administrative body - Dealing with a matter - Based on printed or oral evidence or communications only - Is not in itself a breach of principles of fair hearing (H2) Gyang v. COP Lagos State (2013) 12 KLR (pt. 337) 4257; (2014) 3 NWLR (Pt.1395) 547

ADMINISTRATIVE LAW - Chieftaincy - Removal of chief - Governor's power - By Traditional Rulers Law s. 30(1) - Governor has discretion to withdraw recognition of a clan head - In the interest of peace (H2) Duke v. Government of Cross-River State (2013) 2 KLR (pt. 325) 941; (2013) 8 NWLR (Pt.1356) 347

ADMINISTRATIVE LAW - Chieftaincy - Tenure of village head - The tenure is not in perpetuity - As it is dependent on the goodwill and relationship - Between the holder of the office and his subjects (H5) Duke v. Government of Cross-River State (2013) 2 KLR (pt. 325) 941; (2013) 8 NWLR (Pt.1356) 347

ADMINISTRATIVE LAW - Fair hearing - Audi alteram partem - Application - Administrative bodies acting judicially in the imposition of decision - That is likely to affect civil rights and obligations - Are bound to observe principles of fair hearing (H1) Gyang v. COP Lagos State (2013) 12 KLR (pt. 337) 4257; (2014) 3 NWLR (Pt.1395) 547

ADMINISTRATIVE LAW - Fair hearing - Breach - Allegation of - Since appellant was served with petitions against him - And was also heard before a decision was taken - His complaint of breach is of no moment (H4) Duke v. Government of Cross-River State (2013) 2 KLR (pt. 325) 941; (2013) 8 NWLR (Pt.1356) 347

ADMINISTRATIVE LAW - Fair hearing - Tribunal - Exercise of power - By not complying with principles of natural justice - In retiring re

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

spondent from service - 1st appellant acted in excess of its powers as provided in the State Civil Service Rules (H4) Judicial Service Commission of Cross River State v. Young (2013) 5 KLR (pt. 329) 2129; (2013) 11 NWLR (Pt.1364) 1

ADMINISTRATIVE LAW - Mandamus - Grant - Conditions for - Applicant must establish that he made prior demand for the performance of the duty - But that same was refused by the public authority (H1) Ayida v. Town Planning Authority (2013) 4 KLR (pt. 328) 1811; (2013) 10 NWLR (Pt.1362) 226

ADMINISTRATIVE LAW - Mandamus - Meaning - It is an extraordinary writ issued by court - Compelling performance of an act - Usually when there is a duty under the law to perform the act (H1) Associated Discount House Ltd. v. Minister of FCT (2013) 2 KLR (pt. 324) 685; (2013) 8 NWLR (Pt.1357) 493

ADMINISTRATIVE LAW - Official & judicial acts - Presumption of regularity - By Evidence Act s. 150(1) - Where there is no evidence to the contrary - Things are presumed to have been rightly done (H6) Ugwu v. State (2013) 3 KLR (pt. 326) 1453; (2013) 14 NWLR (PT.1374) 257

ADMINISTRATIVE LAW - Tribunals - Audi alteram partem - Even when acting in administrative capacity - Tribunal is to act in good faith and fairly listen to both sides before deciding (H2) Judicial Service Commission of Cross River State v. Young (2013) 5 KLR (pt. 329) 2129; (2013) 11 NWLR (Pt.1364) 1

AFFIDAVITS - Actions - Company - Legal personality - Proof - Issue of appellant's legal personality cannot be treated on affidavit evidence - And except it is admitted - It must be proved that appellant has ceased to exist (H15) Musaconi Ltd. v. Aspinall (2013) 6 KLR (pt. 331) 2695; (2013) 14 NWLR (Pt.1375) 435

AFFIDAVITS - Appeals - Concurrent findings - As there are irreconcilable conflicts with the affidavit upon which lower court made findings - Supreme Court has duty to interfere - And set aside the findings (H3) Olley v. Tunji (2013) 4 KLR (pt. 328) 1905; (2013) 10 NWLR (Pt.1362) 275

AFFIDAVITS - Appeals - Court of Appeal - Interlocutory injunction - Before the application can be made to the court - It must be shown on the supporting affidavit - That there exists special and exceptional circumstances (H1) Commissioner for Education v. Amadi (2013) 2 KLR (pt. 325) 1003; (2013) 13 NWLR (Pt.1370) 133

AFFIDAVITS - Appeals - Extension of time - Conditions - By C.A.

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

Rules O. 7 r. 10(2) - Affidavit evidence must disclose good and substantial reasons - And the ground must show good cause why appeal should be heard (H4) Nigerian Army v. Warrant Officer Banni Yakubu (2013) 1-2 KLR (pt. 323) 471; (2013) 8 NWLR (PT.1355) 1

AFFIDAVITS - Appeals - Extension of time - Conditions - S.C. Rules O. 2 r. 31(2) - The affidavit evidence must disclose good & substantial reason for the delay - And proposed grounds of appeal must be arguable (H2) Imegwu v. Okolocha (2013) 1-2 KLR (pt.323) 433; (2013) 9 NWLR (Pt.1359) 347

AFFIDAVITS - Appeals - Injunction pending appeal - Applicant's duty - He must establish by evidence in affidavit - The legal right he seeks to protect by the order (H5) Aboseldehyde Lab. Plc. v. Union Merchant Bank Plc (2013) 3 KLR (pt. 326) 1205; (2013) 13 NWLR (Pt.1370) 91

AFFIDAVITS - Averments - Contradiction - Where a party does not file counter affidavit - To contradict averments in affidavit in support of motion - He is deemed to have admitted them (H2) Inegbedion v. Selo-Ojemen (2013) 1 KLR (pt. 322) 69; (2013) 8 NWLR (Pt.1356) 211

AFFIDAVITS - Chieftaincy matters - Resolution - As demand were made on appellants to surrender the chieftaincy property - CA rightly held that no conflict exist - That calls for oral evidence (H6) Atungwu v. Ochekwu (2013) 7 KLR (pt. 335) 3681; (2013) 14 NWLR (Pt.1375) 605

AFFIDAVITS - Contents - By Evidence Act ss. 86 & 87 - Affidavit shall contain only facts - Derived from personal knowledge of deponent - And not objection or legal argument (H4) Okponipere v. State (2013) 2 KLR (pt. 325) 1119; (2013) 10 NWLR (Pt.1362) 209

AFFIDAVITS - Deposition - Proof - To substantiate the allegation against counsel - Evidence must be adduced to show that exhibit E was served on him (H3) Ogboru v. Uduaghan (2013) 6 KLR (pt. 332) 2981; (2013) 13 NWLR (Pt.1370) 33

AFFIDAVITS - False declaration - Allegation of - Proof - Invention and fabrication of evidence - Should not be made against anyone - Without proof (H4) Nwaogu v. Atuma (2013) 1-2 KLR (pt. 323) 305; (2013) 10 NWLR (Pt.1363) 591

AFFIDAVITS - Injunction - Grant - Preconditions - Applicant must inter alia show in his affidavit - That there is existence of legal right - Substantial issue to be tried - And a balance of convenience (H3)

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

Adeleke v. Lawal (2013) 2 KLR (pt. 324) 623; (2014) 3 NWLR (Pt.1393) 1

AFFIDAVITS - Objections - Preliminary objection - Basis - It deals with law and hence no need for supporting affidavit - As applicant contends that the court process has not complied with the enabling law (H3) Abba v. SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

AFFIDAVITS - Objections - Preliminary objection - Failure to reply - Absence of counter affidavit to objection - Does not mean that the objection is conceded - As courts are enjoined to consider the objection on its merits (H1) FRN v. Tawakalitu (2013) 5 KLR (pt. 329) 2079; (2013) 14 NWLR (Pt.1375) 587

AFFIDAVITS - Paragraphs - Validity - Evidence Act s. 115 - Paragraphs which lack evidential value or has infractions - Court does not waste time on such - But to strike out or attach no weight to them (H1) Ahmed v. CBN (2013) 6 KLR (pt. 331) 2611; (2013) 11 NWLR (PT.1365) 352

AFFIDAVITS - Undefended suits - Defence - Materials for - Court is guided by facts of the case - Parties' affidavit evidence - Notice of intention to defend disclosing the defence (H3) Dangote Textile Ltd. v. Hascon Asso. Nig. Ltd. (2013) 5 KLR (pt. 329) 2049; (2013) 16 NWLR (Pt.1379) 60

AFFIDAVITS - Undefended suits - Determination - Cases under the list are decided on affidavit but not on pleadings - But pleadings are ordered after court is satisfied - That defendant has good defence (H8) Obaro v. Hassan (2013) 1-2 KLR (pt. 323) 491; (2013) 8 NWLR (Pt.1375) 425

AFFIDAVITS - Undefended suits - Interest - Proof - Plaintiff's affidavit must disclose - How his right to the interest being claimed accrues - And how the rate thereof was arrived at (H4) Akpan v. Akwa-Ibom Property Invest. Co. Ltd. (2013) 6 KLR (pt. 331) 2631; (2013) 12 NWLR (Pt.1368) 377

AFFIDAVITS - Undefended suits - Writ of summons - Definitive affidavit - Where the writ does not have the required separate affidavit - Defendant cannot be said to have been served (H3) Obaro v. Hassan (2013) 1-2 KLR (pt. 323) 491; (2013) 8 NWLR (Pt.1375) 425

AGREEMENTS - Contracts - Binding nature of - Parties are bound by terms of agreement freely entered into - And court must give effect to such agreement - And is not to make a new one (H4) Aminu Ishola Investment Ltd v. Afribank Plc (2013) 2 KLR (pt. 325) 1025;

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

(2013) 9 NWLR (Pt.1359) 380

AGREEMENTS - Master & servant - Collective agreement - Contract - There is no privity of contract - As the agreement was not incorporated into the contract of employment (H3) Osoh v. Unity Bank Plc. (2013) 2 KLR (pt. 325) 1133; (2013) 9 NWLR (Pt.1358) 1

ALIBI - Armed robbery - Alibi - Plea - Investigation - As appellant was duly identified and fixed at the crime scene by PW1 and 3 - There was no burden to verify the plea (H2) Victor v. State (2013) 6 KLR (pt. 331) 2763; (2013) 12 NWLR (Pt.1369) 465

ALIBI - Armed robbery - Recent possession - E A s. 167(a) was rightly invoked and alibi rightly rejected - Since appellant was found in the vicinity of the crime - Shortly after the robbery and was also in possession of the stolen items (H7) Sadiku v. State (2013) 5 KLR (pt. 330) 2521; (2013) 11 NWLR (Pt.1364) 191

ALIBI - Defence - Accused at crime scene - Where presence of accused is fixed at the scene - The defence is defeated and need no investigation (H4) Ayan v. State (2013) 7 KLR (pt. 330) 2521; (2013) 15 NWLR (Pt.1376) 34

ALIBI - Defence - Identification parade - There was no need for the parade since PW1 recognized appellant as one of the robbers - And the defence of alibi cannot be sustained - As appellant was arrested at crime scene (H6) Ibrahim v. State (2013) 12 KLR (pt. 337) 4273; (2014) 3 NWLR (Pt.1394) 305

ALIBI - Defence - Inconsistencies - Where material facts of the defence are found to be false - Prosecution is not bound to investigate - As no alibi is established (H3) Ayan v. State (2013) 7 KLR (pt. 335) 3717; (2013) 15 NWLR (Pt.1376) 34

ALIBI - Defence - Investigation - Where alibi has been promptly set up - Prosecution must carry on an investigation - But failure to do so would not always be fatal to prosecution's case (H2) Ayan v. State (2013) 7 KLR (pt. 335) 3717; (2013) 15 NWLR (Pt.1376) 34

ALIBI - Failure to investigate - It is not every such failure by police - That is fatal to the case of prosecution (H4) Olatinwo v. State (2013) 1-2 KLR (pt. 323) 541; (2013) 8 NWLR (Pt.1355) 126

ALIBI - Plea - Conditions of - Accused must inter alia - Raise the defence at the earliest opportunity - Detailing his whereabouts - And must adduce evidence in support (H3) Egwemi v. State (2013) 1-2 KLR (pt. 323) 325; (2013) 13 NWLR (Pt.1372) 525

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

ALIBI - Plea of - Failure to investigate - Prosecution's case is not made fatal by every failure of police to investigate alibi - As accused alibi is demolished - Where there are sufficient evidence fixing him at crime scene at the material time (H2) Aliyu v. State (2013) 6 KLR (pt. 332) 2873; (2013) 12 NWLR (Pt.1368) 403

ALIBI - Plea of - Investigation - Appellant did not fully disclose his whereabouts at the time of the incident to police - To warrant any investigation of his plea by the police (H1) Aliyu v. State (2013) 6 KLR (pt. 332) 2873; (2013) 12 NWLR (Pt.1368) 403

ALIBI - Proof - Onus is not on accused to establish alibi - To the satisfaction of court - But for prosecution to disprove it (H3) Osuagwu v. State (2013) 1 KLR (pt. 322) 223; (2013) 5 NWLR (Pt.1347) 360

ALIBI - Proof - Prosecution has onus to adduce credible evidence to disprove alibi - But accused must firstly discharge the evidential burden of setting up facts - On which alibi can rest (H1) Ayan v. State (2013) 7 KLR (pt. 335) 3717; (2013) 15 NWLR (Pt.1376) 34

ALIBI - Proof - Where accused raises alibi - Prosecution must investigate same - But accused is still bound to give particulars of his whereabouts (H4) Agboola v. State (2013) 5 KLR (pt. 329) 2019; (2013) 11 NWLR (Pt.1366) 619

ALIBI - Time to raise - Accused must raise the defence when his caution statement is being taken - Stating clearly the time and address of his whereabouts (H2) Osuagwu v. State (2013) 1 KLR (pt. 322) 223; (2013) 5 NWLR (Pt.1347) 360

APPEALS - Action - Jurisdiction - Pursuant to SC Act s. 22 - Suit No. K/750/2000 is struck out for being incompetent - As the process leading to the judgment therein was flawed - Hence the HC had no jurisdiction to entertain it (H4) Halilco Nig. Ltd. v. Equity Bank Nig. Ltd. (2013) 6 KLR (pt. 332) 2937; (2013) 12 NWLR (Pt.1367) 1

APPEALS - Actions - Consistency of - Appellant portrayed a confused state of affairs - As he shunts his case from pillar to post - Contrary to the holden in Okolo's case that litigation is not open ended (H4) Ekunola v. CBN (2013) 4 KLR (pt. 327) 162; (2013) 15 NWLR (Pt.1377) 224

APPEALS - Application for extension of time - Propriety - Since appellant who later filed proper appeal was out of time - C.A. should have granted the prayers in the motion (H3) Nwite v. State (2013) 2 KLR (pt. 324) 799; (2013) 17 NWLR (Pt.1382) 157

APPEALS - Brief - Fair hearing - C.A. Rules O. 17 r. 5 - C.A. was

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

wrong to hear the appeal and reserve judgment thereof - When the period given to appellant to file reply has not been determined (H2) Audu v. FRN (2013) 1 KLR (pt. 322) 53; (2013) 5 NWLR (Pt.1348) 397

APPEALS - Briefs - Reply - Purpose - Appellant's reply brief is liable to be discountenanced - As such brief is not to raise fresh points - Or repeat arguments in previously filed brief (H6) Musaconi Ltd. v. Aspinall (2013) 6 KLR (pt. 331) 2695; (2013) 14 NWLR (Pt.1375) 435

APPEALS - CA ruling - Interference - There is no justification to set aside the ruling - As CA comments did not prejudge the substantive case of appellants - Which is pending at trial court (H4) Nsefik v. Muna (2013) 12 KLR (pt. 337) 4347; (2014) 2 NWLR (Pt.1390) 151

APPEALS - Chieftaincy matters - Concurrent findings - Concerning approval of Benue State Govt. - With regards to appointment and assumption of duties by clan head - Cannot be faulted by SC - As same have not been shown to be perverse (H3) Atungwu v. Ochekwu (2013) 7 KLR (pt. 335) 3681; (2013) 14 NWLR (Pt.1375) 605

APPEALS - Concurrent findings - As there are irreconcilable conflicts with the affidavit upon which lower court made findings - Supreme Court has duty to interfere - And set aside the findings (H3) Olley v. Tunji (2013) 4 KLR (pt. 328) 1905; (2013) 10 NWLR (Pt.1362) 275

APPEALS - Concurrent findings - Damages - Award of - No ground exists for Supreme Court to interfere with award of N15 million - As there is no credible case - That the amount is ridiculously high (H17) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

APPEALS - Concurrent findings - Findings of the two lower courts are unassailable - As appellants were unable to prove - Existence of contract of employment with respondents (H9) Organ v. Nig. Liquefied Natural Gas Ltd. (2013) 7 KLR (pt. 334) 3521

APPEALS - Concurrent findings - Since appellant has not shown perversity - Or miscarriage of justice in the findings - Supreme Court cannot interfere (H4) Ibeme v. State (2013) 1-2 KLR (pt. 323) 379; (2013) 10 NWLR (Pt.1362) 333

APPEALS - Concurrent findings - Since the findings of the lower courts were not supported by evidence - Supreme Court will intervene - By virtue of its powers in S.C. Act s. 22 (H4) Matanmi v. Dada (2013) 2 KLR (pt. 324) 725; (2013) 7 NWLR (Pt.1353) 319

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

APPEALS - Concurrent findings - Supreme Court does not interfere with the findings of facts of lower courts - That are not tainted with miscarriage of justice (H7) Arum v. Nwobodo (2013) 4 KLR (pt. 327) 1583; (2013) 10 NWLR (Pt.1362) 374

APPEALS - Concurrent findings - Supreme Court does not interfere - Where the findings are reasonably justified - And supported by evidence (H3) Denton-West v. Jack (2013) 12 KLR (pt. 338) 4435; (2013) 15 NWLR (Pt.1377) 205

APPEALS - Confession - Corroboration - Conviction not founded on evidence on record as per the charge - But on mere confessional statement - Cannot stand on appeal (H5) Abdullahi v. State (2013) 5 KLR (pt. 329) 1979; (2013) 11 NWLR (Pt.1366) 435

APPEALS - Confession - Corroboration - Where confession is not comprehensive in relation to offence convicted - Existence of evidence outside the statement is necessary - To justify the conviction on appeal (H3) Shodiya v. State (2013) 12 KLR (pt. 338) 4557; (2013) 14 NWLR (Pt.1373) 147

APPEALS - Confession - Validity - Once court is satisfied with genuineness of confession - Conviction can be based on it entirely - And such will not be disturbed on appeal (H6) Osuagwu v. State (2013) 1 KLR (pt. 322) 223; (2013) 5 NWLR (Pt.1347) 360

APPEALS - Contract - Court - Findings - Correctness of - CA was right in finding that - The trial court had no evidence supported by pleadings - That the contract between the parties was voided by illegality (H5) Ajayi v. Total Nig. Plc. (2013) 7 KLR (pt. 334) 3333; (2013) 15 NWLR (Pt.1378) 423

APPEALS - Contracts - Termination - Correctness of - As there is no illegality in the contract between the parties - CA rightly allowed respondent's appeal - By granting it relief in affirming the termination of the contract (H4) Ajayi v. Total Nig. Plc. (2013) 7 KLR (pt. 334) 3333; (2013) 15 NWLR (Pt.1378) 423

APPEALS - Conviction - Confession - Validity - Court of Appeal rightly affirmed the conviction of appellant - Since exhibit 7A was direct and voluntarily made (H1) Fatai v. State (2013) 3 KLR (pt. 326) 1291; (2013) 10 NWLR (Pt.1361) 1

APPEALS - Court - Academic issue - Courts do not decide on hypothetical cases - The result of which will not grant any benefit to applicant (H4) Imegwu v. Okolocha (2013) 1-2 KLR (pt.323) 433; (2013) 9 NWLR (Pt.1359) 347

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

APPEALS - Court - Discretion - Determination - Appellate court determines whether discretion was judicial and judicious - And not whether it would have exercised the discretion differently (H2) Aroh v. PDP (2013) 6 KLR (pt. 331) 2655; (2013) 13 NWLR (Pt.1371) 235

APPEALS - Court - Discretion - Exercise of - Correctness - CA rightly exercised its discretion - Having considered that appellant can still adduce evidence at the trial proper (H5) Aroh v. PDP (2013) 6 KLR (pt. 331) 2655; (2013) 13 NWLR (Pt.1371) 235

APPEALS - Court - Finding - Correctness of - CA decision affirming trial court's finding stands - As appellants were unable to show that findings of the two courts - Were not based on pleadings and evidence on record (H6) Olaniyan v. Fatoki (2013) 7 KLR (pt. 335) 3829; (2013) 17 NWLR (Pt.1384) 477

APPEALS - Court - Finding - Correctness of - Supreme Court will not interfere with the finding of CA - On the available evidence before the trial court - That is not considered to be perverse (H4) Amobi v. Nzegwu (2013) 8-12 KLR (pt. 336) 3953; (2014) 2 NWLR (Pt.1392) 510

APPEALS - Court - Finding - Failure to challenge - Where finding of lower court is not appealed against - The finding is deemed to be valid and subsisting - And appellate court will not disturb it (H1) Okwaranonobi v. Mbadugha (2013) 6 KLR (pt. 332) 3007; (2013) 17 NWLR (Pt.1383) 255

APPEALS - Court - Findings - Interference - Appellate court remains slow in departing - From findings made by trial court - Except to correct errors (H2) Udo v. Regd. Trustees of the Brotherhood of the Cross & Star (2013) 2 KLR (pt. 324) 847; (2013) 14 NWLR (Pt.1375) 488

APPEALS - Court - Findings - The trial court's findings of facts are deemed admitted - As there is no appeal against them - And CA was at liberty to rely on same in its decision (H3) FBN Plc v. Ozokwere (2013) 12 KLR (pt. 337) 4203; (2014) 3 NWLR (Pt.1395) 439

APPEALS - Court - Findings of fact - Where Court of Appeal wrongly disturbed findings of trial court - Supreme Court will not hesitate in restoring the finding (H8) Vab Petroleum Inc. v. Momah (2013) 1 KLR (pt. 322) 249; (2013) 14 NWLR (Pt.1374) 284

APPEALS - Court - Issue - Formulation - Appellate court is not bound by issues formulated by parties - As it can identify appropriate issues

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

- Provided no new issue is introduced (H2) Yisi Nig. Ltd. v. Trade Bank Plc. (2013) 2 KLR (pt. 324) 863; (2013) 8 NWLR (Pt.1357) 522

APPEALS - Court - Issue - Reformulation - Where appellant's issues are verbose - Court is entitled to reframe the issues - For the purpose of narrowing down same - In the interest of clarity (H4) Musaconi Ltd. v. Aspinall (2013) 6 KLR (pt. 331) 2695; (2013) 14 NWLR (Pt.1375) 435

APPEALS - Court - Issues - Formulation - Provided no new issues are introduced - Appellate court can in appropriate circumstances - Identify proper issues in appeal (H4) Tukuru v. Sabi (2013) 3 KLR (pt. 326) 1433; (2013) 10 NWLR (Pt.1363) 442

APPEALS - Court - Issues - Suo motu formulation - Appeal court can adopt issues suo motu - Provided such issues arise from valid grounds of appeal - And address the real grievance therein (H6) Odutola v. Mabogunje (2013) 1 KLR (pt. 322) 161; (2013) 7 NWLR (Pt.1354) 522

APPEALS - Court - Obiter dictum - Remarks by the trial Judge on prosecuting appellant for bigamy - Constitute obiter dicta - And cannot form the basis of appeal (H10) Amobi v. Nzegwu (2013) 8-12 KLR (pt. 336) 3953; (2014) 2 NWLR (Pt.1392) 510

APPEALS - Court - Record of appeal - Binding nature of - Appellate courts are not only bound by the record - But also bound to examine the state of same - On conflicting claims of parties (H1) Audu v. FRN (2013) 1 KLR (pt. 322) 53; (2013) 5 NWLR (Pt.1348) 397

APPEALS - Court martial - CA Rules O. 4 r. 1 - Applicability - The provisions of the Order is not applicable - In appeals to CA in criminal cases from General Court Martial (H2) Nigerian Army v. Samuel (2013) 7 KLR (pt. 334) 3385; (2013) 14 NWLR (Pt.1375) 466

APPEALS - Court martial - Fair hearing - Sentence - Review of - By Armed Forces Act s. 149 - A convict has 3 months to appeal for a review - And is also allowed by s. 154(6) to appeal to CA - And thereafter to SC (H3) Odunlami v. Nigerian Navy (2013) 6 KLR (pt. 331) 2721; (2013) 12 NWLR (Pt.1367) 20

APPEALS - Court of Appeal - Interlocutory injunction - Before the application can be made to the court - It must be shown on the supporting affidavit - That there exists special and exceptional circumstances (H1) Commissioner for Education v. Amadi (2013) 2 KLR (pt. 325) 1003; (2013) 13 NWLR (Pt.1370) 133

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

APPEALS - Court of Appeal - Powers - By C.A. Act s. 18 - The court can make equitable order(s) - In the interest of justice administration - So as to preserve the subject matter of dispute between parties (H4) Contract Resources Ltd v. Standard Trust Bank Ltd (2013) 2 KLR (pt. 325) 915; (2013) 6 NWLR (Pt.1350) 260

APPEALS - Court processes - Jurisdiction - An initiating process must be valid - To confer jurisdiction on court - In order to adjudicate between parties on a subject matter in dispute (H2) Okarika v. Samuel (2013) 2 KLR (pt. 324) 807; (2013) 7 NWLR (Pt.1352) 19

APPEALS - Court processes - Originating process - Not signed by counsel - Since the process was not signed by a legal practitioner - The same is incompetent as well as an appeal arising therefrom (H2) Ministry of Works & Transport v. Yakubu (2013) 1-2 KLR (pt. 323) 289; (2013) 6 NWLR (Pt.1351) 481

APPEALS - Courts - Customary courts - Proceedings - Trials in the court is on substance and not form - And appellate court must respect decisions therefrom - Provided nothing therein contravenes the law (H9) Arum v. Nwobodo (2013) 4 KLR (pt. 327) 1583; (2013) 10 NWLR (Pt.1362) 374

APPEALS - Courts - Evaluation - Finding of fact involves perception and evaluation - And it is not for appeal court to evaluate evidence - As that is primary duty of trial court (H1) Odutola v. Mabogunje (2013) 1 KLR (pt. 322) 161; (2013) 7 NWLR (Pt.1354) 522

APPEALS - Courts - Evidence - Evaluation - Trial court has primary duty to ascribe probative value - On evidence placed before it - But appellate court steps in - When trial court fails to perform the duty (H5) Oguanuhu v. Chiegboka (2013) 1-2 KLR (pt. 323) 521; (2013) 6 NWLR (Pt.1351) 588

APPEALS - Courts - Fair hearing - Parties - Issues - Binding nature - Court should not set up a case - Different from the one presented by parties - Without allowing parties to address it on same (H5) Omokuwajo v. FRN (2013) 3 KLR (pt. 326) 1365; (2013) 9 NWLR (Pt.1359) 300

APPEALS - Courts - Findings - Court of Appeal was right in its reasoning for upholding respondents' counter claim - Hence Supreme Court cannot deviate from same (H3) Ameen v. Amao (2013) 2 KLR (pt. 324) 667; (2013) 9 NWLR (Pt.1358) 159

APPEALS - Courts - Findings of fact - Appellate court should not interfere with findings of trial court - Save where there is misdirection by trial court (H6) Achilihu v. Anyatonwu (2013) 1 KLR (pt. 322) 1;

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

(2013) 12 NWLR (Pt.1368) 256

APPEALS - Courts - Findings of facts - C.A. did not overrule trial court's findings - As the operative findings of facts is the one - Made after the oral application for amendment had been granted (H2) Eta v. Dazie (2013) 3 KLR (pt. 326) 1269; (2013) 9 NWLR (Pt.1359) 248

APPEALS - Courts - Hearing - Academic issues - Courts do not make pronouncement on academic issues - As no useful purpose is served by so doing (H2) Oke v. Mimiko (2013) 5 KLR (pt. 329) 2195; (2014) 1 NWLR (PT.1388) 225

APPEALS - Courts - Interlocutory application - Exercise of discretion - Is not appealable but must be judicious and judicial - And not whimsical or irrational (H2) Commissioner for Education v. Amadi (2013) 2 KLR (pt. 325) 1003; (2013) 13 NWLR (Pt.1370) 133

APPEALS - Courts - Issues - Formulation of - Courts have power to formulate issues in the interest of justice - But parties must be heard on such issues - Before judgment is delivered (H7) Ekunola v. CBN (2013) 4 KLR (pt. 327) 162; (2013) 15 NWLR (Pt.1377) 224 1

APPEALS - Criminal procedure - AG's Fiat - Duration of - On authority of Ebe v. COP - AG need not issue fresh fiat - Before counsel can proceed with prosecution of appeals - Arising from the charge (H15) Nnakwe v. State (2013) 7 KLR (pt. 333) 3273; (2013) 18 NWLR (Pt.1385) 1

APPEALS - Criminal procedure - Concurrent findings - Appellant failed to displace the findings - As there is no proof of how the circumstantial evidence was weakened - By any co existing circumstances in the matter (H1) Babatunde v. State (2013) 6 KLR (pt. 332) 2895; (2014) 2 NWLR (Pt.1391) 298

APPEALS - Criminal procedure - Consistency in - Prosecution should be consistent in prosecuting his case at trial court as well as on appeal - As there should be no somersault (H4) George v. FRN (2013) 12 KLR (pt. 337) 4235; (2014) 5 NWLR (Pt.1399) 1

APPEALS - Criminal procedure - Conviction - Validity - CA rightly affirmed appellant's conviction - As the trial court considered a host of corroborative evidence - From which inference was rightly drawn (H4) Shodiya v. State (2013) 12 KLR (pt. 338) 4557; (2013) 14 NWLR (Pt.1373) 147

APPEALS - Criminal procedure - Interpreter - Non provision of - Where accused is represented by counsel at trial - And there was no

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

objection on the issue - It is futile to raise the issue on appeal (H2) Egwemi v. State (2013) 1-2 KLR (pt. 323) 325; (2013) 13 NWLR (Pt.1372) 525

APPEALS - Criminal procedure - Irregularity - Objection - Appellants were not prejudiced on the procedure they elected to adopt - And having failed to object at trial court - They cannot be allowed to do so on appeal (H4) Oguno v. State (2013) 12 KLR (pt. 338) 4529; (2013) 15 NWLR (Pt.1376) 1

APPEALS - Criminal procedure - Nullity - Arraignment CPL s. 215 - The section which deals on taking of appellant's plea - Does not give room for exercise of discretion - And failure to comply with it - Renders the proceedings a nullity (H1) Lasisi v. State (2013) 5 KLR (pt. 330) 2419; (2013) 12 NWLR (PT.1367) 133

APPEALS - Criminal procedure - Retrial - Contradictions in prosecution's evidence in aborted trial - Is immaterial when considering whether the case should be retried (H4) Adeyemi v. State (2013) 4 KLR (pt. 328) 1771; (2013) 14 NWLR (Pt.1373) 129

APPEALS - Criminal procedure - Retrial order - Is made where inter alia - There has been error in law or irregularity in procedure - That neither renders the trial a nullity - Nor was there a miscarriage of justice (H1) Elijah v. State (2013) 2 KLR (pt. 325) 983; (2013) 9 NWLR (Pt.1358) 51

APPEALS - Criminal procedure - Sentence - Interference - Appellate court does not interfere with sentence imposed by trial court - Unless same is manifestly excessive or wrong in principle (H6) Omokuwajo v. FRN (2013) 3 KLR (pt. 326) 1365; (2013) 9 NWLR (Pt.1359) 300

APPEALS - Criminal proceedings - Retrial order - Since the proceedings is nullity - The order is wrong and appellant whose conviction and sentence have been nullified - Shall be set free (H3) Mohammed v. State (2013) 1 KLR (pt. 322) 99; (2013) 5 NWLR (Pt.1347) 315

APPEALS - Cross appeal - Filing - Respondent who seeks either the setting aside - Or the complete reversal of finding of lower court - Can only do so through a substantive cross appeal (H1) Organ v. Nig. Liquefied Natural Gas Ltd. (2013) 7 KLR (pt. 334) 3521

APPEALS - Damages - Award - Interference - Appellate court does not interfere with award made by trial court - Unless the latter acted on wrong principle of law - Or that the amount awarded is extremely high or ridiculously small (H4) Ighreriniovo v. S.C.C. Nig. Ltd. (2013)

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

4 KLR (pt. 328) 1853; (2013) 10 NWLR (Pt.1361) 138

APPEALS - Damages - Interference - Since trial court relied on wrong premise of tort of detinue instead of contract - Court of Appeal rightly disturbed the excessive damages awarded (H3) Aminu Ishola Investment Ltd v. Afribank Plc (2013) 2 KLR (pt. 325) 1025; (2013) 9 NWLR (Pt.1359) 380

APPEALS - Damages - Quantum - Appellate court can interfere with amount of damages awarded by trial court - Where it is shown that the court proceeded on wrong principle (H2) Kaja v. Oke (2013) 2 KLR (pt. 325) 1051; (2014) 3 NWLR (Pt.1394) 374

APPEALS - Determination - Academic issue - Since appellant has retired with full benefits - He does not stand to gain further in the appeal - As to do so will amount to engaging in fruitless exercise (H4) Abe v. University of Ilorin (2013) 5 KLR (pt. 329) 2001; (2013) 16 NWLR (Pt.1379) 183

APPEALS - Determination - Basis - Appeal is determined by appellate court - Based on the issues - But not on the grounds (H1) Okponipere v. State (2013) 2 KLR (pt. 325) 1119; (2013) 10 NWLR (Pt.1362) 209

APPEALS - Dismissal - Basis - Appeal court can only dismiss appeal - If the appeal appears to be a non starter - And the court does not reevaluate evidence - Except there are genuine complaints (H6) Ayan v. State (2013) 7 KLR (pt. 335) 3717; (2013) 15 NWLR (Pt.1376) 34

APPEALS - Dismissal - Fair hearing - Court of Appeal Rules 2007 O. 8 - Deprived the court the power to act on notice of noncompliance - With compilation & transmission of appeal records - Without putting parties on notice to dismiss the appeal (H3) Nworah v. Nwabueze (2013) 5 KLR (pt. 330) 2431; (2013) 16 NWLR (Pt.1379) 1

APPEALS - Documentary evidence - Evaluation - Where findings of trial Judge on document are perverse - Appellate court will employ its appellate power - To correct the perversity (H7) CPC v. Ombugadu (2013) 7 KLR (pt. 334) 3401; (2013) 18 NWLR (Pt.1385) 66

APPEALS - Election - Legislative Houses - Final court - CA has jurisdiction in matters under 1999 Constitution s. 246(a)(b)(c)(i)(ii)(iii) - And its decisions on appeals arising from the election - Shall be final (H5) Opara v. Amadi (2013) 6 KLR (pt. 332) 3027; (2013) 12 NWLR (Pt.1369) 512

APPEALS - Election petitions - Gubernatorial election - Jurisdiction -

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

Final court - By 1999 Constitution s. 246(3) - SC has no jurisdiction to review decision of CA in appeals in respect of such election (H1) Oni v. Fayemi (2013) 5 KLR (pt. 330) 2497; (2013) 12 NWLR (Pt.1369) 431

APPEALS - Elections - Court - Pleadings - Binding nature - It is not the duty of CA to fish for disqualifying factors for senatorial office - Which were not specifically raised in the question for determination (H4) Nwaogu v. Atuma (2013) 12 KLR (pt. 338) 4491; (2013) 11 NWLR (Pt.1364) 117

APPEALS - Elections - Extension of time - ANPP v. Albishir - As no reason was given for delay - Grant of the application will frustrate hearing of main appeal at CA - Which borders on pre election matter that must be heard timeously (H2) Chime v. Onwuegbu (2013) 7 KLR (pt. 335) 3739; (2013) 14 NWLR (Pt.1373) 58

APPEALS - Elections - Legislative Houses election - Appeal - Specific provisions in 1999 Constitution s. 246(3) - Rather than general provisions in s. 233(2)(b)(c) - Donates and subscribes right to appeal - Against decision of CA arising from the election (H1) Madumere v. Okwara (2013) 6 KLR (pt. 332) 2955; (2013) 12 NWLR (Pt.1368) 303

APPEALS - Elections - Legislative Houses election - Final court - By 1999 Constitution s. 246(3) - CA decision in such election is final - And there cannot be a further appeal against same (H2) Madumere v. Okwara (2013) 6 KLR (pt. 332) 2955; (2013) 12 NWLR (Pt.1368) 303

APPEALS - Estoppel - Res judicata - Application - A plaintiff cannot relitigate an action that has been competently decided by court - Where parties - Issues and subject matter in previous proceedings are the same (H2) Igbeke v. Okadigbo (2013) 5 KLR (pt. 330) 2351; (2013) 12 NWLR (Pt.1368) 225

APPEALS - Evidence - Confession - Evaluation - Decision of trial court in trial within trial which is on credibility of witnesses - Is not to be interfered with by appellate court (H2) Abiodun v. State (2013) 4 KLR (pt. 328) 1753; (2013) 9 NWLR (Pt.1358) 138

APPEALS - Evidence - Evaluation - Ascription of probative value to evidence - Is primary function of trial court - And appellate court does not substitute its own view - For that of trial court (H1) State v. Rabiu (2013) 1-2 KLR (pt. 323) 563; (2013) 8 NWLR (Pt.1357) 585

APPEALS - Evidence - Evaluation - Evaluating and drawing infer

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

ence from accused's statement - Is the duty of trial court - Which appellate courts do not enjoy the advantage of doing (H3) Lasisi v. State (2013) 3 KLR (pt. 326) 1313; (2013) 9 NWLR (PT.1358) 74

APPEALS - Evidence - Evaluation - Interference - Appellate courts interfere to ensure that justice prevails - Only where trial court failed to draw correct inferences (H4) Lasisi v. State (2013) 3 KLR (pt. 326) 1313; (2013) 9 NWLR (PT.1358) 74

APPEALS - Evidence - Evaluation - Interference - Where credibility of witnesses is not involved - But complaint is against improper evaluation - Appellate court is in as good a position as trial court - To do its own evaluation (H8) FBN Plc v. Ozokwere (2013) 12 KLR (pt. 337) 4203; (2014) 3 NWLR (Pt.1395) 439

APPEALS - Evidence - Evaluation - Interference - Where trial court failed to properly evaluate evidence - Appeal court can interfere - By making proper findings justified by evidence (H2) State v. Rabiu (2013) 1-2 KLR (pt. 323) 563; (2013) 8 NWLR (Pt.1357) 585

APPEALS - Evidence - Evaluation - Is the primary responsibility of trial court - And once properly done - Appellate court cannot interfere - Unless the decision is perverse and has occasioned miscarriage of justice (H7) FBN Plc v. Ozokwere (2013) 12 KLR (pt. 337) 4203; (2014) 3 NWLR (Pt.1395) 439

APPEALS - Evidence - Evaluation - Provided appellate court took full cognizance of evaluation of evidence alongside pleadings by trial court - It must not deal line by line on judgment of tribunal (H4) Oke v. Mimiko (2013) 8-12 KLR (pt. 336) 4077; (2014) 1 NWLR (PT.1388) 332

APPEALS - Evidence - Evaluation - Trial court ascribes probative value to evidence - And appellate court does not interfere - Save where the evaluation was perverse - Or not supported by evidence on record (H3) Adebayo v. PDP (2013) 4 KLR (pt. 327) 1523; (2013) 17 NWLR (Pt.1382) 1

APPEALS - Evidence - Evaluation - Trial court assesses demeanour of witnesses - And appellate court does not interfere with findings reached thereat - Unless where such findings are perverse - Or based on evidence not legally admissible (H11) Ajibulu v. Ajayi (2013) 12 KLR (pt. 337) 4153; (2014) 2 NWLR (Pt.1392) 483

APPEALS - Evidence - Evaluation - Trial court evaluates and ascribes probative value to evidence - Appellate court does not interfere where credibility of witness is involved - Save where the decision is by wrong inference (H4) Garan v. Olomu (2013) 4 KLR (pt. 327) 1675; (2013)

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

11 NWLR (Pt.1365) 227

APPEALS - Evidence - Reevaluation - Appellate court would be in as good a position as trial court had been - To reappraise documentary evidence - Since doing so does not involve credibility of witness (H2) U.T.C. Nig. Plc. v. Lawal (2013) 8-12 KLR (pt. 336) 4133; (2014) 5 NWLR (Pt.1400) 221

APPEALS - Evidence - Reevaluation - Where credibility of witnesses is not involved - But complaint is on improper evaluation - Appellate court is in a good position as trial court - To do its own evaluation (H3) Babatunde v. State (2013) 6 KLR (pt. 332) 2895; (2014) 2 NWLR (Pt.1391) 298

APPEALS - Evidence - Reevaluation - Where trial court fails to properly evaluate evidence - Appeal court can reevaluate and make findings - Provided credibility of witnesses is not involved (H2) Odutola v. Mabogunje (2013) 1 KLR (pt. 322) 161; (2013) 7 NWLR (Pt.1354) 522

APPEALS - Extension of time - Application - Grant - Notwithstanding defect in the application - Interest of justice will be served - If SC Rules O. 10 r. 1(1)(2) is invoked to grant the application (H6) Ikechukwu v. Nwoye (2013) 12 KLR (pt. 337) 4305; (2014) 4 NWLR (Pt.1397) 227

APPEALS - Extension of time - Conditions - By C.A. Rules O. 7 r. 10(2) - Affidavit evidence must disclose good and substantial reasons - And the ground must show good cause why appeal should be heard (H4) Nigerian Army v. Warrant Officer Banni Yakubu (2013) 1-2 KLR (pt. 323) 471; (2013) 8 NWLR (PT.1355) 1

APPEALS - Extension of time - Conditions - S.C. Rules O. 2 r. 31(2) - The affidavit evidence must disclose good & substantial reason for the delay - And proposed grounds of appeal must be arguable (H2) Imegwu v. Okolocha (2013) 1-2 KLR (pt.323) 433; (2013) 9 NWLR (Pt.1359) 347

APPEALS - Fair hearing - Administrative body - Dealing with a matter - Based on printed or oral evidence or communications only - Is not in itself a breach of principles of fair hearing (H2) Gyang v. COP Lagos State (2013) 12 KLR (pt. 337) 4257; (2014) 3 NWLR (Pt.1395) 547

APPEALS - Filing - Applicable laws - Filing of original appeal from CA to SC is governed by 1999 Constitution s. 233 & SC Act s. 27 - While filing additional grounds is governed by SC Rules - By virtue of 1999 Constitution ss. 233(6) & 236 (H1) South Atlantic Pet. Ltd. v.

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

Minister Pet. Resources (2013) 12 KLR (pt. 337) 4393; (2014) 4 NWLR (Pt.1396) 24

APPEALS - Filing - Procedure - Appeal to Supreme Court lies against decision of Court of Appeal - But not against the decision of High Court (H3) Ugwu v. State (2013) 3 KLR (pt. 326) 1453; (2013) 14 NWLR (PT.1374) 257

APPEALS - Filing - Time limit - Principles - Non compliance with the Constitution and the SC Act is fatal - But non compliance with the rules of court is mere irregularity (H2) South Atlantic Pet. Ltd. v. Minister Pet. Resources (2013) 12 KLR (pt. 337) 4393; (2014) 4 NWLR (Pt.1396) 24

APPEALS - Fresh evidence - Admission - Leave is granted to adduce such evidence - Where inter alia the evidence could not have with reasonable diligence - Been obtained for use at trial (H4) CPC v. Ombugadu (2013) 7 KLR (pt. 334) 3401; (2013) 18 NWLR (Pt.1385) 66

APPEALS - Fresh evidence - Admission - Power of CA - By CA Rules O. 4 r. 2 - The court can grant leave to adduce further evidence on appeal - And it must act judicially and judiciously in exercise of such discretion (H1) Aroh v. PDP (2013) 6 KLR (pt. 331) 2655; (2013) 13 NWLR (Pt.1371) 235

APPEALS - Fresh evidence - Admission - Principles - Under CA Rules O. 4 r. 2 - The evidence sought to be adduced must inter alia - Be of such that could not have been obtained with reasonable care for use at the trial (H3) Aroh v. PDP (2013) 6 KLR (pt. 331) 2655; (2013) 13 NWLR (Pt.1371) 235

APPEALS - Fresh evidence - Application - Appellate court will grant leave if it was impossible to obtain such evidence at trial - And if the evidence is credible as to influence judgment (H3) Nwaogu v. Atuma (2013) 1-2 KLR (pt. 323) 305; (2013) 10 NWLR (Pt.1363) 591

APPEALS - Fresh evidence - CA Rule O. 4 r. 2 - Applicability - The provision is only invoked in appeal - Against decision of a lower court on the merits of the case (H4) Aroh v. PDP (2013) 6 KLR (pt. 331) 2655; (2013) 13 NWLR (Pt.1371) 235

APPEALS - Fresh issue - Determination - Court must be satisfied that it has the facts of the new point - And that were the points raised at lower courts - The same would have remained unsatisfactorily determined (H3) Udo v. Regd. Trustees of the Brotherhood of the Cross & Star (2013) 2 KLR (pt. 324) 847; (2013) 14 NWLR (Pt.1375) 488

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

APPEALS - Fresh issue - Grant of application to raise new points - Arising from grounds not covered in earlier notice of appeal - Would not be given - Save where the points are substantial - And not necessitating taking of fresh evidence (H1) Intercontinental Bank Plc v. Olam Nig Ltd (2013) 1 KLR (pt. 322) 89; (2013) 6 NWLR (Pt.1351) 468

APPEALS - Fresh issue - Leave - Party who seeks to file and argue new issue on appeal - Must first seek and obtain leave of court - Save where such fresh issue touches on jurisdiction (H4) Organ v. Nig. Liquefied Natural Gas Ltd. (2013) 7 KLR (pt. 334) 3521

APPEALS - Fresh issue - Raised without leave - Fate - Issue 5 not having been taken in lower courts - Cannot be competently raised in SC - Without leave of the court (H19) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

APPEALS - Ground - Issue - Formulation - Where no issue is formulated from a ground of appeal - The ground is deemed abandoned - And liable to be struck out (H1) Alims Nig. Ltd. v. United Bank for Africa (2013) 1 KLR (pt. 322) 35; (2013) 6 NWLR (Pt.1351) 613

APPEALS - Ground 5 - Competence - Any issue formulated from the ground is incompetent - As the ground has been struck out - Since incompetence of issue argued together with competent issues - Affects all issue argued with it (H3) CPC v. Ombugadu (2013) 7 KLR (pt. 334) 3401; (2013) 18 NWLR (Pt.1385) 66

APPEALS - Ground of appeal - Injunction pending appeal - Since the pending appeal and application for injunction - Are based on same consideration - The grounds of appeal must be the same (H3) Aboseldehyde Lab. Plc. v. Union Merchant Bank Plc (2013) 3 KLR (pt. 326) 1205; (2013) 13 NWLR (Pt.1370) 91

APPEALS - Ground of appeal - Meaning - This is the reason why the decision of inferior court - Is considered wrong by the aggrieved party (H3) Okponipere v. State (2013) 2 KLR (pt. 325) 1119; (2013) 10 NWLR (Pt.1362) 209

APPEALS - Ground of law - As appellant's ground comes within 1999 Constitution s. 233(2)(c) - Appeal from CA on such a ground lies to SC as of right - Requiring no leave for its validity (H3) South Atlantic Pet. Ltd. v. Minister Pet. Resources (2013) 12 KLR (pt. 337) 4393; (2014) 4 NWLR (Pt.1396) 24

APPEALS - Ground of law - Sufficiency of - Appeal can be sustained

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

by one competent ground of law - Contained in the notice of appeal (H2) Ekunola v. Central Bank of Nigeria (2013) 4 KLR (pt. 327) 162; (2013) 15 NWLR (Pt.1377) 224 1

APPEALS - Ground of law - Sufficiency of - Single ground of law is sufficient - To sustain a notice of appeal (H5) Ekunola v. CBN (2013) 4 KLR (pt. 327) 162; (2013) 15 NWLR (Pt.1377) 224 1

APPEALS - Ground of law - Validity - Ground 7 having questioned jurisdiction of court is one of law - Which is competent to sustain the appeal - Even if leave was not obtained for other grounds (H6) Olabomi v. Oyewole (2013) 7 KLR (pt. 333) 3319

APPEALS - Ground of mixed law & facts - Leave - By 1999 Constitution s. 233(3) - Appeal on such ground shall lie from CA to SC not as of right - But with leave of court (H1) Ekunola v. CBN (2013) 4 KLR (pt. 327) 162; (2013) 15 NWLR (Pt.1377) 224 1

APPEALS - Grounds - Absence of particulars - Such absence is of no moment - As what is needed is that the other party knows precisely - What is in contest on appeal (H2) Ameen v. Amao (2013) 2 KLR (pt. 324) 667; (2013) 9 NWLR (Pt.1358) 159

APPEALS - Grounds - Amendment - Can be made at any time before judgment - Because once judgment is delivered - A seal is put to the controversy between parties - Which ends adjudication in that court (H5) Ikechukwu v. Nwoye (2013) 12 KLR (pt. 337) 4305; (2014) 4 NWLR (Pt.1397) 227

APPEALS - Grounds - Basis - Grounds and issues they give rise to - Must relate and challenge the decision appealed against - As they must not be formulated in vacuo (H5) Organ v. Nig. Liquefied Natural Gas Ltd. (2013) 7 KLR (pt. 334) 3521

APPEALS - Grounds - Competence - Slightest infraction of SC Rules O. 8 r. 2(3)(4) - Does not render grounds incompetent - As appellant need only give sufficient notice - And the complaints the grounds convey (H1) Abe v. University of Ilorin (2013) 5 KLR (pt. 329) 2001; (2013) 16 NWLR (Pt.1379) 183

APPEALS - Grounds - Defective particulars - Grounds may stand on their own - And once it represents appellant's complaint against a decision - Such particulars would not render the ground incompetent (H2) Abe v. University of Ilorin (2013) 5 KLR (pt. 329) 2001; (2013) 16 NWLR (Pt.1379) 183

APPEALS - Grounds - Determination - Grounds challenging finding of fact - Evaluation of facts - Or calling for investigation of existence

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

or otherwise of facts - Are of mixed law and facts (H2) Ugwu v. State (2013) 3 KLR (pt. 326) 1453; (2013) 14 NWLR (PT.1374) 257

APPEALS - Grounds - From which no issue arose - Fate - As no issues have been raised from grounds 5 & 6 - The grounds must be deemed as having been abandoned by appellant (H14) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

APPEALS - Grounds - Issue - Any ground from which no issue is formulated - Is deemed abandoned and is liable to be struck out (H1) Maobison Inter-link Associated Ltd. v. UTC Nig. Plc. (2013) 4 KLR (pt. 328) 1871; (2013) 9 NWLR (Pt.1359) 197

APPEALS - Grounds - Issue - Formulation - Grounds 2 and 3 from which no issue was formulated - Are deemed abandoned and are to be struck out (H2) Ajibulu v. Ajayi (2013) 12 KLR (pt. 337) 4153; (2014) 2 NWLR (Pt.1392) 483

APPEALS - Grounds - Issue - Formulation - Where appellant failed to distil issue in respect of any ground - The ground is deemed abandoned - And court is to strike same out (H1) Victor v. State (2013) 6 KLR (pt. 331) 2763; (2013) 12 NWLR (Pt.1369) 465

APPEALS - Grounds - Mixed law & facts - Competence - Grounds 1, 2 & 3 being of mixed law & facts - Are incompetent having been raised without leave - As required by 1999 Constitution s. 233(3) (H1) Abdul v. CPC (2013) 12 KLR (pt. 338) 4409; (2014) 1 NWLR (Pt.1388) 299

APPEALS - Grounds - Mixed law & facts - Failure to obtain leave - Appellant is expected to obtain leave of CA or SC for ground 4 - And failure to do so robs court of jurisdiction to adjudicate on the matter (H4) Abdul v. CPC (2013) 12 KLR (pt. 338) 4409; (2014) 1 NWLR (Pt.1388) 299

APPEALS - Grounds - Mixed law & facts - Leave - Supreme Court does not entertain appeal on such grounds - Unless leave is obtained from it - Or from Court of Appeal (H1) Ugwu v. State (2013) 3 KLR (pt. 326) 1453; (2013) 14 NWLR (PT.1374) 257

APPEALS - Grounds - Nature of - Ground is of law where it raises complaint on an issue of law based on admitted facts - But it is of mixed law & facts where the complaint is on disputed facts (H6) Ekunola v. CBN (2013) 4 KLR (pt. 327) 162; (2013) 15 NWLR (Pt.1377) 224 1

APPEALS - Grounds - Not raised from judgment - Fate - Such grounds

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

and issues formulated therefrom - Are liable to be struck out (H1) Ndulue v. Ojiakor (2013) 2 KLR (pt. 324) 771; (2013) 8 NWLR (Pt.1356) 311

APPEALS - Grounds - Of law & mixed law and facts - Distinction - The grounds should be examined - To see whether they reveal a misunderstanding of the law - To facts already proved or admitted (H2) Njemanze v. Njemanze (2013) 2 KLR (pt. 325) 1071; (2013) 8 NWLR (Pt.1356) 376

APPEALS - Grounds - Of mixed law & facts - Raised without leave - By 1999 Constitution s. 233(3) - Supreme Court has no jurisdiction to entertain the appeal - As the grounds are incompetent (H3) Njemanze v. Njemanze (2013) 2 KLR (pt. 325) 1071; (2013) 8 NWLR (Pt.1356) 376

APPEALS - Grounds - Particulars - Striking out - Particulars which are argumentative & narrative -

Offend Supreme Court Rules O. 8 r. 2(4) - And should be struck out (H4) Njemanze v. Njemanze (2013) 2 KLR (pt. 325) 1071; (2013) 8 NWLR (Pt.1356) 376

APPEALS - Grounds - Vagueness - Any ground which is general in nature or speculative - Will fall short and not disclose any reasonable ground of appeal (H2) Ikechukwu v. Nwoye (2013) 12 KLR (pt. 337) 4305; (2014) 4 NWLR (Pt.1397) 227

APPEALS - Grounds - Validity - Appellants' ground one is competent - As it arose from the decision of CA - With regard to issue of which of the parties was to start calling evidence (H1) Nsefik v. Muna (2013) 12 KLR (pt. 337) 4347; (2014) 2 NWLR (Pt.1390) 151

APPEALS - Grounds 1 & 2 - Validity - The learned trial Judge's pronouncement on Exhibits D1-D5 and the sum of N150,000 - Constitutes a ratio decidendi - Upon which the grounds were framed (H5) Nidocco Ltd. v. Gbajabiamila (2013) 7 KLR (pt. 334) 3479; (2013) 14 NWLR (Pt.1374) 350

APPEALS - Grounds of appeal - Validity - Counsel's argument - Appellant's grounds 2, 3, 6 & 10 are incompetent - Having arisen from statement of counsel - That was found incorrect by the court (H1) Akeredolu v. Mimiko (2013) 8-12 KLR (pt. 336) 3895; (2014) 1 NWLR (Pt.1388) 402

APPEALS - Hearing - Appeals are by way of rehearing - And appellate court should reconsider materials before trial court - And may overrule where the decision is wrong (H3) Ihunwo v. Ihunwo (2013) 1-2 KLR (pt. 323) 403; (2013) 8 NWLR (Pt.1357) 550

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

APPEALS - Hearing - Contempt of court - Hadikinson's case - Contemnor may not be heard if his disobedience - Impedes the cause of justice - Except where he raises issue of lack of court's jurisdiction (H2) Abeke v. Odunsi (2013) 5 KLR (pt. 330) 2285; (2013) 13 NWLR (Pt.1370) 1

APPEALS - Hearing - Preliminary objection - Where objection is successful - Litigation is brought to an end - But if dismissed - Appeal will be determined on merit (H1) Njemanze v. Njemanze (2013) 2 KLR (pt. 325) 1071; (2013) 8 NWLR (Pt.1356) 376

APPEALS - Injunction pending appeal - Applicant's duty - He must establish by evidence in affidavit - The legal right he seeks to protect by the order (H5) Aboseldehyde Lab. Plc. v. Union Merchant Bank Plc (2013) 3 KLR (pt. 326) 1205; (2013) 13 NWLR (Pt.1370) 91

APPEALS - Injunction pending appeal - Grant - Precondition - Court must go into a consideration of - Competing legal rights of the parties - To the protection of the injunctive relief (H4) Aboseldehyde Lab. Plc. v. Union Merchant Bank Plc (2013) 3 KLR (pt. 326) 1205; (2013) 13 NWLR (Pt.1370) 91

APPEALS - Interlocutory stage - Substantive matter - Court of Appeal should not have determined the merit of plaintiffs' case - At the time it decided the issue of jurisdiction (H5) Abia State Ind. Elec. Com. v. Kanu (2013) 5 KLR (pt. 330) 2313; (2013) 13 NWLR (PT.1370) 69

APPEALS - Issue - "Attempted substitution" - This phrase used by 1^st respondent is not a relief - Rather it is definition and substance of the processes - That brought the parties to the trial Court (H8) CPC v. Ombugadu (2013) 7 KLR (pt. 334) 3401; (2013) 18 NWLR (Pt.1385) 66

APPEALS - Issue - Basis - Issue must arise from one or a combination of grounds of appeal - But more than one issue should not be framed from one ground (H1) Yisi Nig. Ltd. v. Trade Bank Plc. (2013) 2 KLR (pt. 324) 863; (2013) 8 NWLR (Pt.1357) 522

APPEALS - Issue - Basis - Issue must emerge from appellant's valid grounds of appeal - And any issue framed outside such grounds - Is incompetent and liable to be struck out (H1) Halilco Nig. Ltd. v. Equity Bank Nig. Ltd. (2013) 6 KLR (pt. 332) 2937; (2013) 12 NWLR (Pt.1367) 1

APPEALS - Issue - Basis - Issue must relate and derive from grounds - Otherwise such an issue would be rendered incompetent - And

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

ought to be ignored and struck out (H1) Chukwu v. Akpelu (2013) 12 KLR (pt. 337) 4177; (2014) 13 NWLR (Pt.1424) 359

APPEALS - Issue - Clarity of - Parties are to avoid verbosity in formulating issues - But economy of words should not be made at the expense of clarity (H3) Musaconi Ltd. v. Aspinall (2013) 6 KLR (pt. 331) 2695; (2013) 14 NWLR (Pt.1375) 435

APPEALS - Issue - Competence - Appellant's issue 2 is incompetent for not relating to decision of CA - As appeal to SC is against decision of CA - And not that of trial HC (H1) Musaconi Ltd. v. Aspinall (2013) 6 KLR (pt. 331) 2695; (2013) 14 NWLR (Pt.1375) 435

APPEALS - Issue - Determination - Appeals are decided upon issues raised - And once issues are distilled from grounds of appeal - The latter become extinguished (H2) Musaconi Ltd. v. Aspinall (2013) 6 KLR (pt. 331) 2695; (2013) 14 NWLR (Pt.1375) 435

APPEALS - Issue - Formulation - An issue is competent only if it arises from ground of appeal - And appeal must be based on ratio decidendi - From which issues must be formulated (H3) Contract Resources Ltd v. Standard Trust Bank Ltd (2013) 2 KLR (pt. 325) 915; (2013) 6 NWLR (Pt.1350) 260

APPEALS - Issue - Formulation - Basis - Issue must relate to a ground - Which challenges the validity of ratio or decision - Being appealed against (H1) Abdullahi v. State (2013) 5 KLR (pt. 329) 1979; (2013) 11 NWLR (Pt.1366) 435

APPEALS - Issue - Formulation - Respondent's notice - Respondent can raise and argue issues in the notice - But cannot raise issue from the notice - Along with issues drawn from the grounds of appeal (H2) Halilco Nig. Ltd. v. Equity Bank Nig. Ltd. (2013) 6 KLR (pt. 332) 2937; (2013) 12 NWLR (Pt.1367) 1

APPEALS - Issue - Formulation by respondent - Respondent can formulate different issues - But such must be traceable to the grounds of appeal filed by appellant - And appellate court can rely on such issues - To determine the appeal (H5) Musaconi Ltd. v. Aspinall (2013) 6 KLR (pt. 331) 2695; (2013) 14 NWLR (Pt.1375) 435

APPEALS - Issue - Jurisdiction - Locus standi - Since the issue is a matter of locus standi of respondent - The same shall not be merely brushed aside - Even though it did not come up at pleadings (H2) Intercontinental Bank Plc v. Olam Nig Ltd (2013) 1 KLR (pt. 322) 89; (2013) 6 NWLR (Pt.1351) 468

APPEALS - Issue - Objection to - Based on any valid law can be

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

raised - Though the Constitution & S.C. Rules - Have not made provisions relating to the point or issue (H1) Okarika v. Samuel (2013) 2 KLR (pt. 324) 807; (2013) 7 NWLR (Pt.1352) 19

APPEALS - Issue - Suo motu raising - CA rightly raised the issue of competence or otherwise of the writ of summons - But erred for not inviting counsel for parties to address it on the issue (H3) Halilco Nig. Ltd. v. Equity Bank Nig. Ltd. (2013) 6 KLR (pt. 332) 2937; (2013) 12 NWLR (Pt.1367) 1

APPEALS - Issues - Abandonment - Issue 5 is deemed abandoned as no argument was proffered by appellant under it - As such the issue is struck out having been abandoned (H18) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

APPEALS - Issues - Basis - Any issue not distilled from ground of appeal - Goes to no issue in appeal - And is liable to be struck out (H1) Eta v. Dazie (2013) 3 KLR (pt. 326) 1269; (2013) 9 NWLR (Pt.1359) 248

APPEALS - Issues - Basis - Decision is made based on issues arising from valid grounds - Hence any issue which does not so arise - Is not one the court can base its judgment upon (H5) Abba v. SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

APPEALS - Issues - Basis - Issues must fall within grounds of appeal - And grounds must relate to decision appealed against - And should be a challenge to validity of ratio of that decision (H6) Amobi v. Nzegwu (2013) 8-12 KLR (pt. 336) 3953; (2014) 2 NWLR (Pt.1392) 510

APPEALS - Issues - Clarity of - Issue is short question raised against ground(s) of appeal - Which is meant to be a guide to arguments - To be advanced in support of the ground(s) (H6) Nidocco Ltd. v. Gbajabiamila (2013) 7 KLR (pt. 334) 3479; (2013) 14 NWLR (Pt.1374) 350

APPEALS - Issues - Determination - Limit - Courts do not determine academic issues - That are far removed from the real issues - In controversy between the parties (H2) FRN v. Wabara (2013) 1-2 KLR (pt. 323) 357; (2013) 5 NWLR (Pt.1347) 331

APPEALS - Issues - Different from case - Where party has premised his case on issue that does not cover his case - His arguments under the said issue literally goes to no issue - And is liable to be struck out (H16) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

APPEALS - Issues - Failure to raise - Question of entitlement to general damages was not raised under any of appellant's issue - Hence submissions made in that regard - Go to no issue and ought to be discountenanced (H13) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

APPEALS - Issues - Formulation - Basis - Issues are distilled from grounds of appeal - And any issue which does not arise from a ground - Is incompetent and must be struck out (H1) Ajibulu v. Ajayi (2013) 12 KLR (pt. 337) 4153; (2014) 2 NWLR (Pt.1392) 483

APPEALS - Issues - Formulation - Principle - Grounds of appeal should not be less than issues - Although court may tolerate equal number of grounds and issues (H1) Odogwu v. State (2013) 7 KLR (pt. 335) 3779; (2013) 14 NWLR (Pt.1373) 74

APPEALS - Issues - Formulation - Respondent who neither cross appealed nor gave respondent's notice - Cannot formulate issues - That have no relevance to the grounds of appeal (H1) Arum v. Nwobodo (2013) 4 KLR (pt. 327) 1583; (2013) 10 NWLR (Pt.1362) 374

APPEALS - Issues - Formulation of must be from grounds of appeal - Which grounds must derive from ratio of the judgment appealed against - Otherwise the grounds are incompetent (H1) Eyigebe v. Iyaji (2013) 5 KLR (pt. 330) 2329; (2013) 11 NWLR (Pt.1365) 407

APPEALS - Issues - Grounds - Abandoned - Fate - Grounds not utilized in the raising of issues - Are taken as abandoned - And court may strike them out (H1) Maigari v. State (2013) 7 KLR (pt. 333) 3251; (2013) 17 NWLR (Pt.1384) 425

APPEALS - Issues - Objection - Not challenged - Appellant must be deemed as having known respondent's stance on the issue - Since the brief containing the objection was served on it - And it made no effort to counter the objection (H15) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

APPEALS - Issues - Proliferation - Omega Bank case - It is not the number of issues in a brief that determine the quality - Or that determine the success of an appeal (H1) Inegbedion v. Selo-Ojemen (2013) 1 KLR (pt. 322) 69; (2013) 8 NWLR (Pt.1356) 211

APPEALS - Issues - Proliferation - Supreme Court abhors proliferation of issues - Where only a few issues would determine appeal (H1) Apata v. Olanlokun (2013) 7 KLR (pt. 334) 3359; (2013) 17 NWLR (Pt.1383) 221

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

APPEALS - Issues - Purpose - Issues are formulated to enable parties narrow the matter in controversy in the appeal - In the interest of clarity and brevity (H2) Akeredolu v. Mimiko (2013) 8-12 KLR (pt. 336) 3895; (2014) 1 NWLR (Pt.1388) 402

APPEALS - Issues - Suo motu raising - Appellate court is allowed to set out issues - That are considered apt and relevant to determination of appeal (H6) Abba v. SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

APPEALS - Judgment - Arrest - Application - Competence - Appellant's application which is intended to arrest judgment of CA - Is not recognized by SC rules and hence it is misconceived and incompetent (H1) Ukachukwu v. PDP (2013) 12 KLR (pt. 338) 4591; (2014) 4 NWLR (Pt.1396) 65

APPEALS - Judgment - Correctness of - CA rightly affirmed trial court's judgment - Despite resolving issue 2 in appellants' favour - Since there was overwhelming credible evidence evaluated by the trial court (H5) Atungwu v. Ochekwu (2013) 7 KLR (pt. 335) 3681; (2013) 14 NWLR (Pt.1375) 605

APPEALS - Judgment - Correctness of - Court of Appeal meticulously arrived at its decision - Hence its judgment is unassailable - As the errors of the trial court have all been shown (H2) Okwaranonobi v. Mbadugha (2013) 6 KLR (pt. 332) 3007; (2013) 17 NWLR (Pt.1383) 255

APPEALS - Judgment - Court of Appeal - Power - By CA Rules O. 18 r. 11 - The court can give any judgment or order as the case may require - Including any order as to costs (H3) Asika v. Atuanya (2013) 7 KLR (pt. 335) 3651; (2013) 14 NWLR (Pt.1375) 510

APPEALS - Judgment - Error - Effect - An issue that complains about lapse in decision appealed against - Is resolved in favour of appellant - Where there is proof that the error has occasioned miscarriage of justice (H1) Garan v. Olomu (2013) 4 KLR (pt. 327) 1675; (2013) 11 NWLR (Pt.1365) 227

APPEALS - Judgment - Interference - Basis - It is necessary to determine whether or not the judgment - Had evolved from pleadings and evidence of parties - And where found to be perverse - Whether miscarriage of justice has been occasioned (H2) Olaniyan v. Fatoki (2013) 7 KLR (pt. 335) 3829; (2013) 17 NWLR (Pt.1384) 477

APPEALS - Judgment - Undefended suit - Decision transferring the matter to undefended list - Is correctly adjudged as defective - Even though CA wrongfully ruled that trial court is not bound - To con

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

sider documents for such transfer (H5) Akpan v. Akwa-Ibom Property Invest. Co. Ltd. (2013) 6 KLR (pt. 331) 2631; (2013) 12 NWLR (Pt.1368) 377

APPEALS - Judgments - Declaratory judgment - Appeal - Relief - Where court delivers such judgment - Party appealing may be granted injunction - But never a stay of execution pending determination of appeal (H3) Olabomi v. Oyewole (2013) 7 KLR (pt. 333) 3319

APPEALS - Judgments - Default judgment - Failure to appeal - Since there is no appeal to set aside the foreign judgment - Supreme Court will not be of any assistance - To party who willingly abdicate his responsibility (H7) Vab Petroleum Inc. v. Momah (2013) 1 KLR (pt. 322) 249; (2013) 14 NWLR (Pt.1374) 284

APPEALS - Judgments - Mistake in - Effect - Statement of CA that grounds 3 & 4 were not covered by the issues - Occasioned no miscarriage of justice - For it is not every error in judgment - That results in appeal being allowed (H2) Atungwu v. Ochekwu (2013) 7 KLR (pt. 335) 3681; (2013) 14 NWLR (Pt.1375) 605

APPEALS - Judgments - Slip - Effect - It is not every mistake that results in setting aside of judgment on appeal - As mistake must be relevant to issues between parties - And substantial as to lead to miscarriage of justice (H9) FBN Plc v. Ozokwere (2013) 12 KLR (pt. 337) 4203; (2014) 3 NWLR (Pt.1395) 439

APPEALS - Jurisdiction - Court - Previous judgment - Jurisdiction of trial court to make order in respect of its earlier judgment - Which is subject to appeal - Is clearly ousted (H6) Alims Nig. Ltd. v. United Bank for Africa (2013) 1 KLR (pt. 322) 35; (2013) 6 NWLR (Pt.1351) 613

APPEALS - Jurisdiction - Court of Appeal - Court martial - By 1999 Constitution s. 240 - C.A. is given exclusive appellate jurisdiction - Over decisions of general court martial (H1) Nigerian Army v. Warrant Officer Banni Yakubu (2013) 1-2 KLR (pt. 323) 471; (2013) 8 NWLR (PT.1355) 1

APPEALS - Jurisdiction - Determination - To determine whether or not it has jurisdiction over a matter - Court must examine the nature of claims - And the parties before it (H1) Abia State Ind. Elec. Com. v. Kanu (2013) 5 KLR (pt. 330) 2313; (2013) 13 NWLR (PT.1370) 69

APPEALS - Jurisdiction - Fresh issue of - Awuse v. Odili - Being a fundamental principle - Leave is not required to raise jurisdiction at any stage of the proceedings (H7) Dangote Textile Ltd. v. Hascon

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

Asso. Nig. Ltd. (2013) 5 KLR (pt. 329) 2049; (2013) 16 NWLR (Pt.1379) 60

APPEALS - Jurisdiction - Fresh issue of - Raised in Supreme Court - Appellant seeking to raise the issue for the first time before the court - Does not need leave - He only needs to raise it in his brief (H2) NNPC v. Orhiowasele (2013) 4 KLR (pt. 327) 1719; (2013) 13 NWLR (Pt.1371) 211

APPEALS - Jurisdiction - Fresh issue on - Appellate court can accommodate such issue - Provided appellant does not introduce - New line of defence different from those of parties at lower court (H4) Udo v. Regd. Trustees of the Brotherhood of the Cross & Star (2013) 2 KLR (pt. 324) 847; (2013) 14 NWLR (Pt.1375) 488

APPEALS - Jurisdiction - Issue of - Time to raise - Jurisdiction can be raised at any stage of the proceedings - Either at trial court or on appeal - Even before the Supreme Court (H12) Musaconi Ltd. v. Aspinall (2013) 6 KLR (pt. 331) 2695; (2013) 14 NWLR (Pt.1375) 435

APPEALS - Jurisdiction - Issue of - Time to raise - Jurisdiction can be taken at any stage of proceedings - At trial even on appeal to Supreme Court for the first time (H8) Olabomi v. Oyewole (2013) 7 KLR (pt. 333) 3319

APPEALS - Land law - Evidence - Interference - By failing to properly weigh evidence of both parties - Trial court occasioned injustice against respondent - And CA rightly interfered by remedying the situation (H8) Chukwu v. Akpelu (2013) 12 KLR (pt. 337) 4177; (2014) 13 NWLR (Pt.1424) 359

APPEALS - Landlord & tenant - Parties - Pleadings - Consistency - Respondents are not permitted to approbate and reprobate - In their claim of ownership of the property - As parties are bound by their pleadings (H5) Abeke v. Odunsi (2013) 5 KLR (pt. 330) 2285; (2013) 13 NWLR (Pt.1370) 1

APPEALS - Leave - Condition for application - Proof - Since appellant asserted that the condition precedent for leave was not complied with - He has the burden to prove same (H2) Nigerian Army v. Warrant Officer Banni Yakubu (2013) 1-2 KLR (pt. 323) 471; (2013) 8 NWLR (PT.1355) 1

APPEALS - Leave - Necessity of - Where it is required - It is condition precedent to the exercise of right of appeal - And failure to obtain leave when needed - Renders any appeal filed incompetent - As no jurisdiction is conferred on appellate court (H3) Organ v. Nig. Lique

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

fied Natural Gas Ltd. (2013) 7 KLR (pt. 334) 3521

APPEALS - Legal practitioners - Supreme Court - Jurisdiction - By LP Act s. 12(1) - Appellant cannot appeal to SC against decision of LPDC - Without first appealing to Appeal Committee of Body of Benchers (H4) Aladejobi v. NBA (2013) 7 KLR (pt. 335) 3623; (2013) 15 NWLR (Pt.1376) 66

APPEALS - Meaning - Is continuation of case instituted at trial court - And final end of appeal cannot produce a relief - Different from that which originated at trial (H6) Eyigebe v. Iyaji (2013) 5 KLR (pt. 330) 2329; (2013) 11 NWLR (Pt.1365) 407

APPEALS - Meaning of - This is a resort to superior court - To review the decision of an inferior court - To find out whether from available facts - The inferior court has come to a right decision (H2) Okponipere v. State (2013) 2 KLR (pt. 325) 1119; (2013) 10 NWLR (Pt.1362) 209

APPEALS - Motions - Striking out - Regularization of - Party whose motion is struck out - Can either file fresh application or apply for relisting - But the options do not avail applicants - Since their application constitutes abuse of process (H4) Ogboru v. Uduaghan (2013) 6 KLR (pt. 332) 2981; (2013) 13 NWLR (Pt.1370) 33

APPEALS - Murder - Circumstantial evidence - Evidence of circumstances in this case is inadmissible - As same is capable of explanation upon other hypothesis - Than that of appellant's guilt (H12) Odogwu v. State (2013) 7 KLR (pt. 335) 3779; (2013) 14 NWLR (Pt.1373) 74

APPEALS - Murder - Evaluation - If trial court had properly evaluated oral evidence of prosecution witnesses - The same would have been expunged as inadmissible hearsay - Given by tainted witnesses (H7) Odogwu v. State (2013) 7 KLR (pt. 335) 3779; (2013) 14 NWLR (Pt.1373) 74

APPEALS - Nature & purpose of - Appeal is continuation of an action - And no new issues can be raised on appeal (H16) Nnakwe v. State (2013) 7 KLR (pt. 333) 3273; (2013) 18 NWLR (Pt.1385) 1

APPEALS - Notice of appeal - Amendment - By Supreme Court Rules O. 8 r. 4 - Notice may be amended with leave of the court - In appropriate cases (H1) Udo v. Regd. Trustees of the Brotherhood of the Cross & Star (2013) 2 KLR (pt. 324) 847; (2013) 14 NWLR (Pt.1375) 488

APPEALS - Notice of appeal - Amendment - Once there is justifica

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

tion for amendment - SC is empowered by O. 8 r. 4 of its rules - To Grant leave allowing applicant to regularize his irregular notice of appeal (H4) South Atlantic Pet. Ltd. v. Minister Pet. Resources (2013) 12 KLR (pt. 337) 4393; (2014) 4 NWLR (Pt.1396) 24

APPEALS - Notice of appeal - Amendment - Provided the ends of justice and fairness are served - There is no limit to number of times a party can amend processes in appeal (H2) Salisu v. Mobolaji (2013) 12 KLR (pt. 337) 4375 (2014) 4 NWLR (Pt.1396) 1

APPEALS - Notice of appeal - Artificial person - Signature -Where appeal proceeds from company or law firm - The notice must signed by the legal representative (H4) Okarika v. Samuel (2013) 2 KLR (pt. 324) 807; (2013) 7 NWLR (Pt.1352) 19

APPEALS - Notice of appeal - Contents - The notice should clearly convey the substance of appellant's complaint against judgment appealed - So as not to leave respondent in doubt as to the case expected in court (H1) Ikechukwu v. Nwoye (2013) 12 KLR (pt. 337) 4305; (2014) 4 NWLR (Pt.1397) 227

APPEALS - Notice of appeal - Defect in - Effect - Lack of legal personality in the signing of the notice - Is fundamental defect which cannot be cured by amendment - As it renders the proceedings void ab initio (H5) Nigerian Army v. Samuel (2013) 7 KLR (pt. 334) 3385; (2013) 14 NWLR (Pt.1375) 466

APPEALS - Notice of appeal - Natural person - Signature - Notice of appeal proceeding from such person - Must be signed by appellant - Or his counsel as the circumstances demand (H3) Okarika v. Samuel (2013) 2 KLR (pt. 324) 807; (2013) 7 NWLR (Pt.1352) 19

APPEALS - Notice of appeal - Signature - Validity - The notice signed by H.E. Wabara & Co is invalid - Since it does not qualify as a legal practitioner - As statutorily defined (H5) Okarika v. Samuel (2013) 2 KLR (pt. 324) 807; (2013) 7 NWLR (Pt.1352) 19

APPEALS - Notice of appeal - Signing - By C.A. Rules O. 16 r. 4(1) - Every notice of appeal or application for leave to appeal - Shall be signed by appellant not counsel - Except as provided in r. 4(5)(6) (H1) Nwite v. State (2013) 2 KLR (pt. 324) 799; (2013) 17 NWLR (Pt.1382) 157

APPEALS - Notice of appeal - Signing - By C.A. Rules O. 4 r. 4(1) - Appellant is only required to personally sign his notice of appeal - Which must not be done at a particular location (H1) Duru v. Federal Republic of Nigeria (2013) 2 KLR (pt. 324) 705; (2013) 6 NWLR (Pt.1351) 441

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

APPEALS - Notice of appeal - Signing - CA Rules O. 4 r. 4(1) - Notice of appeal or notice of application for leave to appeal - Shall be signed by appellant himself (H1) Nigerian Army v. Samuel (2013) 7 KLR (pt. 334) 3385; (2013) 14 NWLR (Pt.1375) 466

APPEALS - Notice of appeal - Signing - Legal personality - N.O.O. Oke & Co. being a business name - Cannot sue nor defend action in court - For not being recognized as a legal person (H3) Nigerian Army v. Samuel (2013) 7 KLR (pt. 334) 3385; (2013) 14 NWLR (Pt.1375) 466

APPEALS - Notice of appeal - Striking out of - Court of Appeal rightly struck out the appeal - Since appellants abandoned their appeal - After obtaining order for stay of execution (H1) Osun S.I.E.C. v. NCP (2013) 3 KLR (pt. 326) 1401; (2013) 9 NWLR (Pt.1360) 451

APPEALS - Notice of appeal - Validity - As there is no valid appeal - Court of Appeal ought to have made an order - Striking out the appeal (H2) Nwite v. State (2013) 2 KLR (pt. 324) 799; (2013) 17 NWLR (Pt.1382) 157

APPEALS - Notice of appeal - Validity - Cross appellants having failed to refer the matter to Code of Conduct Tribunal - Alleged violations of the code by counsel - Have not been established as to affect competence of the processes (H5) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

APPEALS - Parties - Actions - Consistency - Party who is successful at trial court - Ought not to be confronted with new case on appeal - Simply because his adversary decided to bring his case in dribbles (H3) Adeyefa v. Bamgboye (2013) 2 KLR (pt. 324) 647; (2013) 10 NWLR (Pt.1363) 532

APPEALS - Perverse finding - Meaning - Decision is perverse when it runs counter to pleadings and evidence on record - Or where the affected court considered matters - Which it ought not to have taken into account (H1) Olaniyan v. Fatoki (2013) 7 KLR (pt. 335) 3829; (2013) 17 NWLR (Pt.1384) 477

APPEALS - Practice & procedure - Pending appeal - After appeal has been entered - Appellate court shall be seised of the whole proceedings - As between the parties - Except as otherwise provided in the rules (H9) Vab Petroleum Inc. v. Momah (2013) 1 KLR (pt. 322) 249; (2013) 14 NWLR (Pt.1374) 284

APPEALS - Preliminary objection - Determination - Appellate court will take such objection as threshold issue - Provided it will be decisive

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

of question of competence of the appeal (H3) Ekunola v. CBN (2013) 4 KLR (pt. 327) 162; (2013) 15 NWLR (Pt.1377) 224 1

APPEALS - Preliminary objection - Determination - Objection must first be determined - As it is capable of disposing the entire appeal - Without necessarily delving into the merit thereof (H1) Contract Resources Ltd v. Standard Trust Bank Ltd (2013) 2 KLR (pt. 325) 915; (2013) 6 NWLR (Pt.1350) 260

APPEALS - Preliminary objection - Leave - The objection can be incorporated in respondent's brief - But the party must seek for leave to move it - Otherwise it is deemed abandoned (H2) Abba v. SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

APPEALS - Preliminary objection - Notice of - By Supreme Court Rules O. 2 r. 9(i) - Respondent relying upon the objection - Must give appellant 3 days notice thereof - Before the hearing (H2) Arum v. Nwobodo (2013) 4 KLR (pt. 327) 1583; (2013) 10 NWLR (Pt.1362) 374

APPEALS - Preliminary objection - Notice of - Filing - By Supreme Court Rules O. 2 r. 9 - Respondent relying on the objection - Shall give 3 days notice before date of hearing appeal (H1) Abba v. SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

APPEALS - Preliminary objection - Purpose - The success of such objection has the effect of terminating the litigation - But where it is dismissed - Appeal will be determined on merit (H1) Igbeke v. Okadigbo (2013) 5 KLR (pt. 330) 2351; (2013) 12 NWLR (Pt.1368) 225

APPEALS - Record of proceedings - Binding nature of - Appellate court is bound by the record - But Supreme Court can by virtue of SC Act s. 22 - Amend any defect in the record (H3) Arum v. Nwobodo (2013) 4 KLR (pt. 327) 1583; (2013) 10 NWLR (Pt.1362) 374

APPEALS - Record of proceedings - Transmission of - Appellant is to ensure that the record he proposes to challenge at Supreme Court - Is made available to the court (H4) Arum v. Nwobodo (2013) 4 KLR (pt. 327) 1583; (2013) 10 NWLR (Pt.1362) 374

APPEALS - Reply brief - Filing - SC Rules O. 6. r. 3 - Appellant is required to file and serve on respondent - A reply brief within four weeks after service of respondent's brief on him - But for good reason appellant can do same at least three days before hearing date (H3) Salisu v. Mobolaji (2013) 12 KLR (pt. 337) 4375 (2014) 4

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

NWLR (Pt.1396) 1

APPEALS - Reply brief - Purpose - It is filed in answer to an issue of law or fact raised in respondent's brief - But it is not used to extend scope of arguments in appellant's brief (H1) Nidocco Ltd. v. Gbajabiamila (2013) 7 KLR (pt. 334) 3479; (2013) 14 NWLR (Pt.1374) 350

APPEALS - Reply brief - Purpose - Reply brief deals on points of law - Addressing only new issue(s) raised in respondent's brief - But does not re argue or analyse appellant's case (H1) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

APPEALS - Reply brief - Purpose - This is not meant to be repetition of arguments in appellant's brief - But a reply to respondent's brief (H1) Oguanuhu v. Chiegboka (2013) 1-2 KLR (pt. 323) 521; (2013) 6 NWLR (Pt.1351) 588

APPEALS - Respondent's issue - Formulation - In absence of cross appeal - Respondent must confine himself to appellant's grounds - In formulating his issues for determination (H1) Kaja v. Oke (2013) 2 KLR (pt. 325) 1051; (2014) 3 NWLR (Pt.1394) 374

APPEALS - Retrial - Conditions for - Appellate court will inter alia grant retrial - Where apart from irregularity in the proceeding - Evidence discloses a substantial case against appellant (H1) Adeyemi v. State (2013) 4 KLR (pt. 328) 1771; (2013) 14 NWLR (Pt.1373) 129

APPEALS - Retrial - Confession - As Exhibit C upon which trial court can solely convict appellant - Has made out prima facie case against him - It is necessary that he offers explanations at the trial de novo ordered by CA (H2) Adeyemi v. State (2013) 4 KLR (pt. 328) 1771; (2013) 14 NWLR (Pt.1373) 129

APPEALS - Retrial - Improper arraignment - Retrial was rightly ordered by CA - After it nullified the trial of appellant - Since the trial Judge did not take his plea upon arraignment (H3) Adeyemi v. State (2013) 4 KLR (pt. 328) 1771; (2013) 14 NWLR (Pt.1373) 129

APPEALS - Retrial - Principles - Appellate court will inter alia grant retrial - Where apart from irregularity in the proceeding - Evidence discloses a substantial case against appellant (H3) Ganiyu v. State (2013) 4 KLR (pt. 327) 1661; (2013) 10 NWLR (Pt.1361) 29

APPEALS - Retrial order - Basis - Appellate court will inter alia order retrial - Where there is error in law - That did not render trial a nullity - And it cannot also be said that there is no miscarriage of justice (H2)

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

Mpama v. First Bank Nig. Plc (2013) 1 KLR (pt. 322) 113; (2013) 5 NWLR (Pt.1346) 176

APPEALS - Retrial order - Sustainability - The order is not oppressive - As appellant has explanation to make - Judging from his statement and evidence on record (H2) Lasisi v. State (2013) 5 KLR (pt. 330) 2419; (2013) 12 NWLR (PT.1367) 133

APPEALS - Reversal of judgment - Jurisdiction - CA can reverse itself where it earlier ruled - That lower court has no jurisdiction - Provided fresh arguments arose in the same case - As between same parties (H2) Abiola & Sons Bottling Co. Ltd v. First City Merchant Bank Ltd (2013) 4 KLR (pt. 327) 1501

APPEALS - Right of - Legislative Houses election - Appeal shall lie as of right from decisions of CA to SC - Only in items listed under 1999 Constitution s. 233(e)(i)(ii)(iii)(iv)(v)(vi) - Thus SC has no jurisdiction to hear appeal on such election petitions (H4) Opara v. Amadi (2013) 6 KLR (pt. 332) 3027; (2013) 12 NWLR (Pt.1369) 512

APPEALS - Right of appeal - By 1999 Constitution s. 233 - Every aggrieved party has right to challenge - Decision of C.A. in S.C. - And the right cannot be denied by any subsidiary legislation (H1) Imegwu v. Okolocha (2013) 1-2 KLR (pt.323) 433; (2013) 9 NWLR (Pt.1359) 347

APPEALS - Right of appeal - Ground of law - 1999 Constitution s. 241(a)(b) - Where ground involves questions of law alone - Appeal would be as of right - But other appeals shall be by leave of either trial or appellate court (H2) Organ v. Nig. Liquefied Natural Gas Ltd. (2013) 7 KLR (pt. 334) 3521

APPEALS - Right of appeal - Grounds 2 & 10 did not reveal any lapse - And appellant being party to the appeal and cross appeal - Can appeal against CA decision in respect of either of the appeal (H3) Abe v. University of Ilorin (2013) 5 KLR (pt. 329) 2001; (2013) 16 NWLR (Pt.1379) 183

APPEALS - Right of appeal - Grounds of law - Abubakar v. Waziri - Leave is not required where ground is of law - And appeal shall lie as of right from decisions of CA to SC (H3) Abdul v. CPC (2013) 12 KLR (pt. 338) 4409; (2014) 1 NWLR (Pt.1388) 299

APPEALS - Right of appeal - Guarantee - Court must ensure that the right as enshrined in the Constitution - Are neither unduly fettered nor frustrated (H4) Duru v. Federal Republic of Nigeria (2013) 2 KLR (pt. 324) 705; (2013) 6 NWLR (Pt.1351) 441

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

APPEALS - Right of hearing - Order of court - Contempt - Right to be heard differs from right to enforce a right whilst still in disobedience - And appellant on facts of the case - Cannot be denied of being heard on appeal (H3) Abeke v. Odunsi (2013) 5 KLR (pt. 330) 2285; (2013) 13 NWLR (Pt.1370) 1

APPEALS - Robbery - Sentence - Validity - Appellant suffered no miscarriage of justice - As CA rightly sentenced him to 21 years imprisonment - As provided under CPA s. 381 (H5) Afolabi v. State (2013) 6 KLR (pt. 332) 2841; (2013) 13 NWLR (Pt.1371) 292

APPEALS - Stay of execution - Grant - Stay of execution pending appeal is granted - Where judgment is executory - Though the stay merely suspends rights of successful party - Until appeal is decided (H5) Olabomi v. Oyewole (2013) 7 KLR (pt. 333) 3319

APPEALS - Supreme Court - Competence - Principles - The court is competent to hear the appeal if it is properly constituted - The subject matter is within its jurisdiction - And the case initiated by due process of law (H3) Opara v. Amadi (2013) 6 KLR (pt. 332) 3027; (2013) 12 NWLR (Pt.1369) 512

APPEALS - Supreme Court - Criminal appeals - Time limit - By Supreme Court Act s. 27(2)(b) - Such appeals from CA to SC must be filed within 30 days - Otherwise leave of SC must be sought and obtained to do so (H2) FRN v. Tawakalitu (2013) 5 KLR (pt. 329) 2079; (2013) 14 NWLR (Pt.1375) 587

APPEALS - Supreme Court - Evidence - Evaluation - SC does not make primary findings of fact as to credibility of witnesses - But is entitled to draw inferences from accepted facts (H2) Babatunde v. State (2013) 6 KLR (pt. 332) 2895; (2014) 2 NWLR (Pt.1391) 298

APPEALS - Supreme Court - Extension of time - Condition - Before the court grants such prayer - Reason why the application was not earlier filed after the time statutorily allowed - Must be given (H1) Chime v. Onwuegbu (2013) 7 KLR (pt. 335) 3739; (2013) 14 NWLR (Pt.1373) 58

APPEALS - Supreme Court - Fresh issue - Leave - Without leave being sought and obtained - The court is not competent to pronounce on issue - Not raised in Court of Appeal (H3) Nidocco Ltd. v. Gbajabiamila (2013) 7 KLR (pt. 334) 3479; (2013) 14 NWLR (Pt.1374) 350

APPEALS - Supreme Court - Fresh issue - Leave must be sought and obtained to raise such issue - Otherwise the court will be incapable of determining the issue (H2) Abdullahi v. State (2013) 5 KLR (pt. 329)

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

1979; (2013) 11 NWLR (Pt.1366) 435

APPEALS - Supreme Court - Fresh issues - SC will not allow party to raise such issues - Save where the new issues involve substantial points of law - Which need to be allowed in the interest of justice (H1) Salisu v. Mobolaji (2013) 12 KLR (pt. 337) 4375 (2014) 4 NWLR (Pt.1396) 1

APPEALS - Supreme Court - Grounds of facts - Leave - Power of SC to entertain leave to appeal is as per 1999 Constitution s. 233(3) - And the power is not superseded by SC Rules O. 2 r. 32 (H2) Abdul v. CPC (2013) 12 KLR (pt. 338) 4409; (2014) 1 NWLR (Pt.1388) 299

APPEALS - Supreme Court - Jurisdiction - Supreme Court does not hear appeals from State High Courts - But those from the Court of Appeal (H2) Eyigebe v. Iyaji (2013) 5 KLR (pt. 330) 2329; (2013) 11 NWLR (Pt.1365) 407

APPEALS - Supreme Court - Preliminary objection - Purpose - If the objection is successful - Hearing in the appeal is brought to an end - So as to avoid engaging in futile venture (H1) Opara v. Amadi (2013) 6 KLR (pt. 332) 3027; (2013) 12 NWLR (Pt.1369) 512

APPEALS - Title - Proof - Appellant succeeds in his claim - As he proved better title to that of respondent - Lower court was wrong for not affirming finding of trial court - That was based on pleadings and evidence of the parties (H3) Garan v. Olomu (2013) 4 KLR (pt. 327) 1675; (2013) 11 NWLR (Pt.1365) 227

APPEALS - Undefended suits - Court - Exercise of discretion - Interference - CA ought to have interfered - On the basis that the discretion exercised by trial court - Was neither judicial nor judicious (H1) Dangote Textile Ltd. v. Hascon Asso. Nig. Ltd. (2013) 5 KLR (pt. 329) 2049; (2013) 16 NWLR (Pt.1379) 60

APPEALS - Undefended suits - Judgment - Merit - Judgment handed down under the list - Is one on merit and can only be set aside on appeal - Or by another action in case of fraud (H7) Obaro v. Hassan (2013) 1-2 KLR (pt. 323) 491; (2013) 8 NWLR (Pt.1375) 425

APPEALS - Unlawful proceeding - Failure to object - Where accused fails to raise objection to such a procedure at trial - He cannot be allowed to raise same at appellate stage (H4) Nnakwe v. State (2013) 7 KLR (pt. 333) 3273; (2013) 18 NWLR (Pt.1385) 1

APPEALS - Words & phrases - Judgment - Ruling - Use of judgment or ruling connotes a decision of court - And should not therefore be

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

a reason for controversy (H2) Contract Resources Ltd v. Standard Trust Bank Ltd (2013) 2 KLR (pt. 325) 915; (2013) 6 NWLR (Pt.1350) 260

ARMED ROBBERY - Alibi - Recent possession - E A s. 167(a) was rightly invoked and alibi rightly rejected - Since appellant was found in the vicinity of the crime - Shortly after the robbery and was also in possession of the stolen items (H7) Sadiku v. State (2013) 5 KLR (pt. 330) 2521; (2013) 11 NWLR (Pt.1364) 191

ARMED ROBBERY - Charge - Filing - Time - Robbery & firearms Act ss. 9, 10, 11 & 14 were deleted by Decree 62 - Before appellant was arraigned - Hence he cannot benefit from the repealed sections of the Act (H4) Sadiku v. State (2013) 5 KLR (pt. 330) 2521; (2013) 11 NWLR (Pt.1364) 191

ARMED ROBBERY - Ingredients - Proof - Prosecution must prove that there was a robbery - That accused was armed - And participated in the robbery (H4) Osuagwu v. State (2013) 1 KLR (pt. 322) 223; (2013) 5 NWLR (Pt.1347) 360

ARMED ROBBERY - Ingredients - Proof - Prosecution must prove that there was a robbery - That the robbery was armed robbery - And that accused was the robber (H2) Olatinwo v. State (2013) 1-2 KLR (pt. 323) 541; (2013) 8 NWLR (Pt.1355) 126

ARMED ROBBERY - Ingredients - Proof - Prosecution must prove that there was a robbery - In which the robbers were armed - And that accused persons were the robbers (H3) Abiodun v. State (2013) 4 KLR (pt. 328) 1753; (2013) 9 NWLR (Pt.1358) 138

ARMED ROBBERY - Ingredients - Proof - Prosecution must prove that there was a robbery - That the robbery was armed robbery - And that accused was the armed robber (H1) Agboola v. State (2013) 5 KLR (pt. 329) 2019; (2013) 11 NWLR (Pt.1366) 619

ARMED ROBBERY - Ingredients - Proof - Prosecution must prove that there was a robbery - That the robbery was armed robbery - And that the accused was the armed robber (H1) State v. Isiaka (2013) 5 KLR (pt. 329) 2243; (2013) 11 NWLR (Pt.1364) 162

ARMED ROBBERY - Ingredients - Proof - Prosecution must prove that there was robbery - That the robbery was armed robbery - And that accused took part in the armed robbery (H5) Babarinde v. State (2013) 8-12 KLR (pt. 336) 3995; (2014) 3 NWLR (Pt.1395) 568

ARMED ROBBERY - Number of witnesses - Prosecution must not call a host of witnesses on same point - To prove essential elements of

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

the crime (H5) Osuagwu v. State (2013) 1 KLR (pt. 322) 223; (2013) 5 NWLR (Pt.1347) 360

ARMED ROBBERY - Offensive weapon - Where such weapon was used in commission of offence - It is not essential to tender it to secure conviction - Provided there is cogent eye witness or circumstantial evidence - That points to guilt of accused (H6) Babarinde v. State (2013) 8-12 KLR (pt. 336) 3995; (2014) 3 NWLR (Pt.1395) 568

ARMED ROBBERY - Proof - Number of witness - Prosecution is not bound to call all witnesses - But only essential witness(s) to prove its case (H4) Victor v. State (2013) 6 KLR (pt. 331) 2763; (2013) 12 NWLR (Pt.1369) 465

ARMED ROBBERY - Prosecution - Power of AG State - Robbery & Firearms Act s. 9(2) empowers the AG to institute proceedings - In respect of offences created by the Act (H2) Sadiku v. State (2013) 5 KLR (pt. 330) 2521; (2013) 11 NWLR (Pt.1364) 191

BAIL - Consideration for - Since the error of not taking appellant's plea was caused by the trial court - It will be just if that court considers his application for bail - Pending determination of the case (H3) Lasisi v. State (2013) 5 KLR (pt. 330) 2419; (2013) 12 NWLR (PT.1367) 133

BANKING - Bank account - Credit to - Evidence before trial court shows - That appellant's account was credited with $82,560 - Within his knowledge (H3) Yisi Nig. Ltd. v. Trade Bank Plc. (2013) 2 KLR (pt. 324) 863; (2013) 8 NWLR (Pt.1357) 522

BANKING - Charges - Unauthorized loan - To succeed prosecution must inter alia - Establish that accused is a manager/officer of the bank - Who granted such loan without authorization (H1) Mmamman v. FRN (2013) 1-2 KLR (pt. 323) 459; (2013) 6 NWLR (Pt.1351) 569

BANKING - Equity - Technicality - It is unjust to allow appellant hold unto the money deposited by respondent - On technical ground that appellant was not a privy to - Contract between respondent and the company (H1) FBN Plc v. Ozokwere (2013) 12 KLR (pt. 337) 4203; (2014) 3 NWLR (Pt.1395) 439

BANKING - Restitution - Basis - From evidence on record and value of goods reflected in Bill of Exchange - Relationship between the parties was defined by $186,990.00 - Which ought to also define refund by appellant (H4) FBN Plc v. Ozokwere (2013) 12 KLR (pt. 337) 4203; (2014) 3 NWLR (Pt.1395) 439

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

BANKING - Restitution - Exchange control documents - Appellant does not need the documents to refund the money to respondent - Since the money has not been paid over to the principal in the transaction (H6) FBN Plc v. Ozokwere (2013) 12 KLR (pt. 337) 4203; (2014) 3 NWLR (Pt.1395) 439

CERTIORARI - Courts - Supervisory role - Certiorari - The writ is available under the 1999 Constitution and High Court Rules - To empower High Courts to checkmate - The arbitrariness of inferior courts or Tribunals (H1) State v. Lawal (2013) 2 KLR (pt. 325) 1181; (2013) 7 NWLR (Pt.1354) 565

CHARGES - AG Federation - Represented by proxy - Challenge - Authority of counsel to prefer charge on behalf of the AG - Cannot be questioned by any other person (H3) Nnakwe v. State (2013) 7 KLR (pt. 333) 3273; (2013) 18 NWLR (Pt.1385) 1

CHARGES - AG's power - Delegation - Extent of - Count 4 cannot be excised from other preceding counts - As it arose from same transaction - And was incidental to the offences for which fiat was given (H5) Nnakwe v. State (2013) 7 KLR (pt. 333) 3273; (2013) 18 NWLR (Pt.1385) 1

CHARGES - Appeals - AG's Fiat - Duration of - On authority of Ebe v. COP - AG need not issue fresh fiat - Before counsel can proceed with prosecution of appeals - Arising from the charge (H15) Nnakwe v. State (2013) 7 KLR (pt. 333) 3273; (2013) 18 NWLR (Pt.1385) 1

CHARGES - Armed Robbery - Filing - Time - Robbery & firearms Act ss. 9, 10, 11 & 14 were deleted by Decree 62 - Before appellant was arraigned - Hence he cannot benefit from the repealed sections of the Act (H4) Sadiku v. State (2013) 5 KLR (pt. 330) 2521; (2013) 11 NWLR (Pt.1364) 191

CHARGES - Arraignment - CPA s. 215 does not require that notes be made - In record of proceedings of name of the court official - Who read and explained the charge to accused (H2) Omokuwajo v. FRN (2013) 3 KLR (pt. 326) 1365; (2013) 9 NWLR (Pt.1359) 300

CHARGES - Arraignment - Fair hearing - Appellant's complaint of breach of fair hearing is without basis - As the charge was read and explained to him - And he was represented by counsel (H5) Sadiku v. State (2013) 5 KLR (pt. 330) 2521; (2013) 11 NWLR (Pt.1364) 191

CHARGES - Arraignment - Requirements - Accused must be brought to court unfettered - With the charge read and explained to him - And his pleas are taken thereto (H1) Omokuwajo v. FRN (2013) 3

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

KLR (pt. 326) 1365; (2013) 9 NWLR (Pt.1359) 300

CHARGES - Arraignment - Requirements - Accused must be placed before court unfettered - Charge read and explained to him in language he understands - And he is called upon to plea thereto (H1) Ibrahim v. State (2013) 12 KLR (pt. 337) 4273; (2014) 3 NWLR (Pt.1394) 305

CHARGES - Competence - Offence unknown to law - Charges filed under CC s. 203 for contract splitting cannot stand - Since by virtue of 1999 Constitution s. 36 (12) - The conduct was unknown to any law at the material time (H1) George v. FRN (2013) 12 KLR (pt. 337) 4235; (2014) 5 NWLR (Pt.1399) 1

CHARGES - Confession - Corroboration - Conviction not founded on evidence on record as per the charge - But on mere confessional statement - Cannot stand on appeal (H5) Abdullahi v. State (2013) 5 KLR (pt. 329) 1979; (2013) 11 NWLR (Pt.1366) 435

CHARGES - Contract - Tender splitting - Exhibit P3 subjects erring public officer to disciplinary action under Civil Service Rules - Hence officer who breached provisions of the exhibit - Cannot be criminally prosecuted in court (H4) Maideribe v. FRN (2013) 12 KLR (pt. 337) 4321; (2014) 5 NWLR (Pt.1399) 68

CHARGES - Conviction - Offence not known to law - Charge and conviction of appellant under CC ss. 104, 203 & 517 cannot stand - Since the basis of the offence charged was unknown to law - At the material time (H2) Tafidi v. FRN (2013) 12 KLR (pt. 338) 4575; (2014) 5 NWLR (Pt.1399) 129

CHARGES - Crime - Proof - Purpose - It is to the effect that if the essential ingredients of offence have been proved by prosecution - The charge is proved beyond reasonable doubt (H1) Adeleke v. State (2013) 7 KLR (pt. 333) 3093; (2013) 16 NWLR (Pt.1381) 556

CHARGES - Evidence - Inconsistency in - Effect - Appellant's evidence at trial is unreliable - And his previous statement does not constitute evidence upon which court can act - And both are no defence to the murder charge (H2) Dogo v. State (2013) 3 KLR (pt. 326) 1249; (2013) NWLR (Pt.1361) 160

CHARGES - Intention to defraud - Proof - As the phrase was made element of the offence - Prosecution had onus to prove the offence as charged - Irrespective of provisions of statute creating the offence (H1) Tafidi v. FRN (2013) 12 KLR (pt. 338) 4575; (2014) 5 NWLR (Pt.1399) 129

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

CHARGES - Interpretation - Where accused speaks English language - Points relating to interpretation of the charge - Is of no moment (H3) Omokuwajo v. FRN (2013) 3 KLR (pt. 326) 1365; (2013) 9 NWLR (Pt.1359) 300

CHARGES - Multiple charges - Jurisdiction - As offences in counts 1 & 2 and those in counts 3 & 4 -

Were committed in the course of same transaction - Any of the States HC where the offence(s) occurred - Can entertain the case (H12) Nnakwe v. State (2013) 7 KLR (pt. 333) 3273; (2013) 18 NWLR (Pt.1385) 1

CHARGES - Murder - Aiding & abetting - Proof - The charge was proved beyond reasonable doubt - For the fact that 2^nd appellant was present at the scene without raising alarm - And assisted 1^st appellant in carrying the corpse downstairs (H7) Oguno v. State (2013) 12 KLR (pt. 338) 4529; (2013) 15 NWLR (Pt.1376) 1

CHARGES - Murder - Defence - Provocation - Is not a complete defence to charge of murder - As its being upheld would not result in discharge & acquittal - But in reduction of the offence to manslaughter (H1) Njokwu v. State (2013) 2 KLR (pt. 325) 1093; (2013) 9 NWLR (Pt.1360) 417

CHARGES - Murder - Objection - Where the charge under CC s. 319(1) is wrong - It is the duty of counsel to take objection - Before appellant takes his plea (H2) Olatunbosun v. State (2013) 7 KLR (pt. 335) 3851; (2013) 17 NWLR (Pt.1382) 167

CHARGES - Murder - Provocation - Defence of - Once the defence is sustained in the charge - Accused would be found guilty of manslaughter - And the Judge has discretion to impose sentence (H7) Odunlami v. Nigerian Navy (2013) 6 KLR (pt. 331) 2721; (2013) 12 NWLR (Pt.1367) 20

CHARGES - Murder - Retrial order - Correctness of - Yahaya v. State - Long incarceration cannot justify discharge & acquittal of accused - When the charge borders on murder (H4) Ganiyu v. State (2013) 4 KLR (pt. 327) 1661; (2013) 10 NWLR (Pt.1361) 29

CHARGES - Murder - Under CC s. 319 - Charge for murder in any Southern State in Nigeria would be correct - If brought under CC s. 319 (H1) Olatunbosun v. State (2013) 7 KLR (pt. 335) 3851; (2013) 17 NWLR (Pt.1382) 167

CHARGES - Preferment - Application - Leave of High Court Judge must be sought and obtained - And the application must be accompanied by - A copy of the charge - Names of witnesses at trial - And

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

proof of evidence (H5) Ugwu v. State (2013) 3 KLR (pt. 326) 1453; (2013) 14 NWLR (PT.1374) 257

CHARGES - Preferment - Application for leave - By CPC s. 185(b) - Annexure of witnesses' statements is not vital - As appellant is only required to show court - Why respondent should be put to trial (H1) FRN v. Wabara (2013) 1-2 KLR (pt. 323) 357; (2013) 5 NWLR (Pt.1347) 331

CHARGES - Preferment - Jurisdiction - Appellant having entered FCT was rightly charged in its HC - As entry required in Penal Code s. 4(2)(b) - And the decision in Njoven's case were satisfied (H11) Nnakwe v. State (2013) 7 KLR (pt. 333) 3273; (2013) 18 NWLR (Pt.1385) 1

CHARGES - Preferment - Validity - Powers of AG Federation - Having been statutorily empowered - The AG validly issued the fiat to counsel - For prosecution of appellant in counts 3 & 4 in the FCT (H14) Nnakwe v. State (2013) 7 KLR (pt. 333) 3273; (2013) 18 NWLR (Pt.1385) 1

CHARGES - Summary trial - CPA s. 277 provides for summary trial - Whereby accused is not provided with - All evidence relied on by prosecution (H5) Uwazuruike v. A-G Federation (2013) 4 KLR (pt. 328) 1953; (2013) 10 NWLR (Pt.1361) 105

CHARGES - Summary trial - Unfavourable condition to accused - Where accused is not satisfied with the information attached - He is expected to apply to the court (H8) Uwazuruike v. A-G Federation (2013) 4 KLR (pt. 328) 1953; (2013) 10 NWLR (Pt.1361) 105

CHARGES - Validity - Federal H.C. Act s. 33(1)(2) - The four count charge is proper - Since proof of evidence does not accompany charge - In summary trial (H7) Uwazuruike v. A-G Federation (2013) 4 KLR (pt. 328) 1953; (2013) 10 NWLR (Pt.1361) 105

CHIEFTAINCY MATTERS - Affidavit - Resolution - As demand were made on appellants to surrender the chieftaincy property - CA rightly held that no conflict exist - That calls for oral evidence (H6) Atungwu v. Ochekwu (2013) 7 KLR (pt. 335) 3681; (2013) 14 NWLR (Pt.1375) 605

CHIEFTAINCY MATTERS - Appeals - Concurrent findings - Concerning approval of Benue State Govt. - With regards to appointment and assumption of duties by clan head - Cannot be faulted by SC - As same have not been shown to be perverse (H3) Atungwu v. Ochekwu (2013) 7 KLR (pt. 335) 3681; (2013) 14 NWLR (Pt.1375) 605

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

CHIEFTAINCY MATTERS - Chiefs Law s. 8 - Application - The section deals with oath taking by chief - And not government approval as a prerequisite - To assumption of office as a chief (H4) Atungwu v. Ochekwu (2013) 7 KLR (pt. 335) 3681; (2013) 14 NWLR (Pt.1375) 605

CHIEFTAINCY MATTERS - Removal of chief - Governor's power - By Traditional Rulers Law s. 30(1) - Governor has discretion to withdraw recognition of a clan head - In the interest of peace (H2) Duke v. Government of Cross-River State (2013) 2 KLR (pt. 325) 941; (2013) 8 NWLR (Pt.1356) 347

CHIEFTAINCY MATTERS - Tenure of village head - The tenure is not in perpetuity - As it is dependent on the goodwill and relationship - Between the holder of the office and his subjects (H5) Duke v. Government of Cross-River State (2013) 2 KLR (pt. 325) 941; (2013) 8 NWLR (Pt.1356) 347

CHIEFTAINCY MATTERS - Traditional Rulers Law s. 30(1) - Interpretation - Since the wordings of the section are unambiguous - The same should be given their literal meaning (H1) Duke v. Government of Cross-River State (2013) 2 KLR (pt. 325) 941; (2013) 8 NWLR (Pt.1356) 347

COMPANY LAW - Actions - Commencement - Validity - Appellant does not exist in law - For failing to prove its juristic personality to sue and be sued - Hence its action in the trial court is incompetent (H4) Reptico S.A. Geneva v. Afribank Plc (2013) 5 KLR (pt. 329) 2091; (2013) 14 NWLR (Pt.1373) 172

COMPANY LAW - Actions - Legal personality - Proof - Issue of appellant's legal personality cannot be treated on affidavit evidence - And except it is admitted - It must be proved that appellant has ceased to exist (H15) Musaconi Ltd. v. Aspinall (2013) 6 KLR (pt. 331) 2695; (2013) 14 NWLR (Pt.1375) 435

COMPANY LAW - Appeals - Notice of appeal - Signing - Legal personality - N.O.O. Oke & Co. being a business name - Cannot sue nor defend action in court - For not being recognized as a legal person (H3) Nigerian Army v. Samuel (2013) 7 KLR (pt. 334) 3385; (2013) 14 NWLR (Pt.1375) 466

COMPANY LAW - Companies & allied matters - Jurisdiction - By 1991 Decree No. 60 s. 7(1) & other enabling laws - Federal High Court was conferred with exclusive jurisdiction - Over such matters (H1) Abiola & Sons Bottling Co. Ltd v. First City Merchant Bank Ltd (2013) 4 KLR (pt. 327) 1501

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

COMPANY LAW - Company - Incorporation - Proof - No document will satisfactorily establish the legal personality of a company - Than its certificate of incorporation (H3) Reptico S.A. Geneva v. Afribank Plc (2013) 5 KLR (pt. 329) 2091; (2013) 14 NWLR (Pt.1373) 172

COMPANY LAW - Court processes - Service on company - Mode of - By virtue of CAMA s. 78 - Service must comply with the rules of the particular court prevailing in the jurisdiction (H3) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

COMPANY LAW - Court processes - Service on company - Mode of - By virtue of CAMA s. 78 - Service must comply with the rules of the particular court prevailing in the jurisdiction (H3) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

CONSTITUTIONAL LAW - "Tourist traffic" - Meaning of - The words as used in item 60(d) of 2^nd schedule of the Constitution - Alludes to ingress and egress of tourists from other countries (H1) A-G Federation v. A-G Lagos State (2013) 7 KLR (pt. 333) 3119; (2013) 16 NWLR (Pt.1380) 249

CONSTITUTIONAL LAW - Appeals - Election - Legislative Houses - Final court - CA has jurisdiction in matters under 1999 Constitution s. 246(a)(b)(c)(i)(ii)(iii) - And its decisions on appeals arising from the election - Shall be final (H5) Opara v. Amadi (2013) 6 KLR (pt. 332) 3027; (2013) 12 NWLR (Pt.1369) 512

CONSTITUTIONAL LAW - Appeals - Filing - Applicable laws - Filing of original appeal from CA to SC is governed by 1999 Constitution s. 233 & SC Act s. 27 - While filing additional grounds is governed by SC Rules - By virtue of 1999 Constitution ss. 233(6) & 236 (H1) South Atlantic Pet. Ltd. v. Minister Pet. Resources (2013) 12 KLR (pt. 337) 4393; (2014) 4 NWLR (Pt.1396) 24

CONSTITUTIONAL LAW - Appeals - Filing - Time limit - Principles - Non compliance with the Constitution and the SC Act is fatal - But non compliance with the rules of court is mere irregularity (H2) South Atlantic Pet. Ltd. v. Minister Pet. Resources (2013) 12 KLR (pt. 337) 4393; (2014) 4 NWLR (Pt.1396) 24

CONSTITUTIONAL LAW - Appeals - Ground of mixed law & facts - Leave - By 1999 Constitution s. 233(3) - Appeal on such ground shall lie from CA to SC not as of right - But with leave of court (H1) Ekunola v. CBN (2013) 4 KLR (pt. 327) 162; (2013) 15 NWLR (Pt.1377) 224 1

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

CONSTITUTIONAL LAW - Appeals - Grounds - Of mixed law & facts - Raised without leave - By 1999 Constitution s. 233(3) - Supreme Court has no jurisdiction to entertain the appeal - As the grounds are incompetent (H3) Njemanze v. Njemanze (2013) 2 KLR (pt. 325) 1071; (2013) 8 NWLR (Pt.1356) 376

CONSTITUTIONAL LAW - Appeals - Issue - Objection to - Based on any valid law can be raised - Though the Constitution & S.C. Rules - Have not made provisions relating to the point or issue (H1) Okarika v. Samuel (2013) 2 KLR (pt. 324) 807; (2013) 7 NWLR (Pt.1352) 19

CONSTITUTIONAL LAW - Appeals - Right of - Legislative Houses election - Appeal shall lie as of right from decisions of CA to SC - Only in items listed under 1999 Constitution s. 233(e)(i)(ii)(iii)(iv)(v)(vi) - Thus SC has no jurisdiction to hear appeal on such election petitions (H4) Opara v. Amadi (2013) 6 KLR (pt. 332) 3027; (2013) 12 NWLR (Pt.1369) 512

CONSTITUTIONAL LAW - Appeals - Right of appeal - By 1999 Constitution s. 233 - Every aggrieved party has right to challenge - Decision of C.A. in S.C. - And the right cannot be denied by any subsidiary legislation (H1) Imegwu v. Okolocha (2013) 1-2 KLR (pt.323) 433; (2013) 9 NWLR (Pt.1359) 347

CONSTITUTIONAL LAW - Appeals - Right of appeal - Ground of law - 1999 Constitution s. 241(a)(b) - Where ground involves questions of law alone - Appeal would be as of right - But other appeals shall be by leave of either trial or appellate court (H2) Organ v. Nig. Liquefied Natural Gas Ltd. (2013) 7 KLR (pt. 334) 3521

CONSTITUTIONAL LAW - Appeals - Right of appeal - Guarantee - Court must ensure that the right as enshrined in the Constitution - Are neither unduly fettered nor frustrated (H4) Duru v. Federal Republic of Nigeria (2013) 2 KLR (pt. 324) 705; (2013) 6 NWLR (Pt.1351) 441

CONSTITUTIONAL LAW - Charges - Competence - Offence unknown to law - Charges filed under CC s. 203 for contract splitting cannot stand - Since by virtue of 1999 Constitution s. 36 (12) - The conduct was unknown to any law at the material time (H1) George v. FRN (2013) 12 KLR (pt. 337) 4235; (2014) 5 NWLR (Pt.1399) 1

CONSTITUTIONAL LAW - Constitution - Amendment - Court is not competent to alter the Constitution - As such duty is in the exclusive domain of the legislature (H2) Oni v. Fayemi (2013) 5 KLR (pt. 330) 2497; (2013) 12 NWLR (Pt.1369) 431

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

CONSTITUTIONAL LAW - Constitution - Interpretation - Intention of the framers of words used in item 60(d) of the Constitution - Is to confine the powers of National Assembly - To regulation of tourist traffic (H2) A-G Federation v. A-G Lagos State (2013) 7 KLR (pt. 333) 3119; (2013) 16 NWLR (Pt.1380) 249

CONSTITUTIONAL LAW - Constitution - Supremacy - The powers of NA & State HA to legislate on a given matter - Must be traceable to the Constitution - As any legislation outside Constitutional provision - Is null and void (H5) A-G Federation v. A-G Lagos State (2013) 7 KLR (pt. 333) 3119; (2013) 16 NWLR (Pt.1380) 249

CONSTITUTIONAL LAW - Conviction - Undisclosed offence - Appellant's alleged disobedience of exhibit P3 - Is not an offence disclosed in CC ss. 203, 104 & 517 - Hence conviction of appellant for same - Violates his right under 1999 Constitution s. 36(8) (H6) Maideribe v. FRN (2013) 12 KLR (pt. 337) 4321; (2014) 5 NWLR (Pt.1399) 68

CONSTITUTIONAL LAW - Courts - Federal HC - Jurisdiction - By 1999 Constitution s. 251(1)(P)(r) - Exclusive jurisdiction is vested in the court in civil causes and matters - Affecting the administration and management of the Federal Government (H1) Gassol v. Tutare (2013) 12 KLR (pt. 338) 4463; (2013) 14 NWLR (Pt.1374) 221

CONSTITUTIONAL LAW - Courts - Jurisdiction - Limitation - Courts are bound by the Constitutional provision - Wherein their powers of operation are defined - And any act outside its powers is a nullity (H5) Eyigebe v. Iyaji (2013) 5 KLR (pt. 330) 2329; (2013) 11 NWLR (Pt.1365) 407

CONSTITUTIONAL LAW - Courts - Processes - Power to prevent abuse - By Constitution 1999 s. 6(6)(a) - Once satisfied that any proceeding before it - Is an abuse of process - Court is empowered to terminate same (H3) Osun S.I.E.C. v. NCP (2013) 3 KLR (pt. 326) 1401; (2013) 9 NWLR (Pt.1360) 451

CONSTITUTIONAL LAW - Courts - Supervisory role - Certiorari - The writ is available under the 1999 Constitution and High Court Rules - To empower High Courts to checkmate - The arbitrariness of inferior courts or Tribunals (H1) State v. Lawal (2013) 2 KLR (pt. 325) 1181; (2013) 7 NWLR (Pt.1354) 565

CONSTITUTIONAL LAW - Criminal procedure - Commencement - AG Federation - Powers - By Constitution 1999 s. 174(1) - He can inter alia institute and discontinue - Criminal proceedings against any person in any court in Nigeria - Other than a Court Martial (H13)

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

Nnakwe v. State (2013) 7 KLR (pt. 333) 3273; (2013) 18 NWLR (Pt.1385) 1

CONSTITUTIONAL LAW - Criminal procedure - Commencement - Power of AG - By Constitution 1999 ss. 174 & 211 - AG Federation & State can institute criminal proceedings - Against any person before any court in Nigeria - Other than a Court Martial (H1) Sadiku v. State (2013) 5 KLR (pt. 330) 2521; (2013) 11 NWLR (Pt.1364) 191

CONSTITUTIONAL LAW - Criminal procedure - Right to counsel - Violation of the Constitutional right to try accused in the absence of his counsel - Is irregularity that renders the trial a nullity (H1) Mohammed v. State (2013) 1 KLR (pt. 322) 99; (2013) 5 NWLR (Pt.1347) 315

CONSTITUTIONAL LAW - Election petitions - Gubernatorial election - Jurisdiction - Final court - By 1999 Constitution s. 246(3) - SC has no jurisdiction to review decision of CA in appeals in respect of such election (H1) Oni v. Fayemi (2013) 5 KLR (pt. 330) 2497; (2013) 12 NWLR (Pt.1369) 431

CONSTITUTIONAL LAW - Elections - Federal HC - Jurisdiction - Expansion - 1999 Constitution ss. 4 & 228 empowers NA to add to jurisdictional limit of the court - To entertain pre election matters - And Electoral Act s. 87(9) is an addition contemplated by the sections (H4) Gassol v. Tutare (2013) 12 KLR (pt. 338) 4463; (2013) 14 NWLR (Pt.1374) 221

CONSTITUTIONAL LAW - Elections - Legislative Houses election - Appeal - Specific provisions in 1999 Constitution s. 246(3) - Rather than general provisions in s. 233(2)(b)(c) - Donates and subscribes right to appeal - Against decision of CA arising from the election (H1) Madumere v. Okwara (2013) 6 KLR (pt. 332) 2955; (2013) 12 NWLR (Pt.1368) 303

CONSTITUTIONAL LAW - Elections - Senatorial districts - Division - Under 1999 Constitution s. 71 - Division of each State into three Senatorial districts - Is a function assigned exclusively to INEC (H1) Nwaogu v. Atuma (2013) 1-2 KLR (pt. 323) 305; (2013) 10 NWLR (Pt.1363) 591

CONSTITUTIONAL LAW - Elections - Senatorial districts - Location of Local Govt. - This is a sensitive constitutional geopolitical issue - Which cannot be admitted or denied - At the whims and caprices of parties (H2) Nwaogu v. Atuma (2013) 1-2 KLR (pt. 323) 305; (2013) 10 NWLR (Pt.1363) 591

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

CONSTITUTIONAL LAW - Existing law - Validity - By Constitution 1999 s. 315 - Robbery & firearms Act became existing law of Ogun State - And is deemed to have been made by the State House of Assembly (H3) Sadiku v. State (2013) 5 KLR (pt. 330) 2521; (2013) 11 NWLR (Pt.1364) 191

CONSTITUTIONAL LAW - Fair hearing - Fundamentality of - Constitution s. 36(1) -It's is a right embedded in the Constitution - And its infringement renders the proceedings a nullity ab initio (H8) Babatunde v. State (2013) 6 KLR (pt. 332) 2895; (2014) 2 NWLR (Pt.1391) 298

CONSTITUTIONAL LAW - Fair hearing - Meaning - By 1999 Constitution s. 36(1) - Fair hearing means trial conducted according to legal rules - Formulated to ensure that justice is done to parties (H3) Audu v. FRN (2013) 1 KLR (pt. 322) 53; (2013) 5 NWLR (Pt.1348) 397

CONSTITUTIONAL LAW - Fair hearing - Principle - Fundamentality of - Under Constitution 1999 s. 36 (1) - A person shall be entitled to fair hearing by a court or tribunal - That is constituted in such a manner - As to secure its independence and impartiality (H1) Judicial Service Commission of Cross River State v. Young (2013) 5 KLR (pt. 329) 2129; (2013) 11 NWLR (Pt.1364) 1

CONSTITUTIONAL LAW - Federal HC - Jurisdiction - 1999 Constitution s. 251(1)(p)(q)(r)- Applicability - To determine application of the provisions - Subject matter and parties in the action must be examined (H8) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

CONSTITUTIONAL LAW - Federal High Court - Jurisdiction - Mines & minerals - By Constitution 1979 s. 230(i)(a) - Jurisdiction of State HC on the subject and allied matters is ousted - But is given exclusively to FHC (H4) NNPC v. Orhiowasele (2013) 4 KLR (pt. 327) 1719; (2013) 13 NWLR (Pt.1371) 211

CONSTITUTIONAL LAW - Federal High Court - Jurisdiction - Treason - By 1999 Constitution s. 251(2) - The court can summarily try treason - Treasonable felony - And allied offences (H4) Uwazuruike v. A-G Federation (2013) 4 KLR (pt. 328) 1953; (2013) 10 NWLR (Pt.1361) 105

CONSTITUTIONAL LAW - Judgments - Concurring judgments - By 1979 Constitution s. 258(3) - Where decision of court consists of more than one Judge - The concurring opinion of the majority - Shall be the binding judgment (H5) Arum v. Nwobodo (2013) 4 KLR (pt. 327) 1583; (2013) 10 NWLR (Pt.1362) 374

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

CONSTITUTIONAL LAW - Jurisdiction - 1999 Constitution 5^th schdl - Breach of - Para.12 gives exclusive jurisdiction to Code of Conduct Tribunal - Powers of regular courts are thereby ousted (H4) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

CONSTITUTIONAL LAW - Jurisdiction - Court of Appeal - Court martial - By 1999 Constitution s. 240 - C.A. is given exclusive appellate jurisdiction - Over decisions of general court martial (H1) Nigerian Army v. Warrant Officer Banni Yakubu (2013) 1-2 KLR (pt. 323) 471; (2013) 8 NWLR (PT.1355) 1

CONSTITUTIONAL LAW - Jurisdiction - Election - Pre election matters - Jurisdiction conferred on Federal High Court by NA under Electoral Act s. 87(9) - Has not been taken away by 1999 Constitution (H3) Gassol v. Tutare (2013) 12 KLR (pt. 338) 4463; (2013) 14 NWLR (Pt.1374) 221

CONSTITUTIONAL LAW - Jurisdiction - Federal High Court - Exclusive jurisdiction is vested on the court by 1999 Constitution s. 251(1)(p)(q)(r) - Over matters in which Fed. Govt. or its agency is a party (H3) Inegbedion v. Selo-Ojemen (2013) 1 KLR (pt. 322) 69; (2013) 8 NWLR (Pt.1356) 211

CONSTITUTIONAL LAW - Jurisdiction - Fundamental rights - Ifegwu's case - Appellant's right to seek redress for breach of his right is not terminated - By reason of CA final judgment in the election proceedings - As such right can be pursued in a competent court (H7) Opara v. Amadi (2013) 6 KLR (pt. 332) 3027; (2013) 12 NWLR (Pt.1369) 512

CONSTITUTIONAL LAW - Jurisdiction - Source - Jurisdiction is a matter that is statutorily based _ As provided in the Constitution or Acts - And can only be removed or whittled down by express statutory provisions (H6) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

CONSTITUTIONAL LAW - Legislation - Lagos State HA - Power - Hospitality industry - As the items are not listed in exclusive & concurrent legislative lists - They are residual matters for State - Hence the 3 laws enacted by the HA in this respect - Are within its power (H4) A-G Federation v. A-G Lagos State (2013) 7 KLR (pt. 333) 3119; (2013) 16 NWLR (Pt.1380) 249

CONSTITUTIONAL LAW - Legislation - Validity - Nigerian Tourism Development Corporation Act ss. 4(2)(c)(d) & 7 - Is ultra vires the legislative competence of National Assembly - And therefore unconstitutional (H2) A-G Lagos State v. A-G Federation (2013) 7 KLR (pt.

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

333) 3217; (2013) 16 NWLR (Pt.1380) 383

CONSTITUTIONAL LAW - National Assembly - Power - Extent of - NA cannot in exercise of its powers - Confer authority on FG to engage in matters - Which ordinarily ought to be responsibility of State Government (H3) A-G Federation v. A-G Lagos State (2013) 7 KLR (pt. 333) 3119; (2013) 16 NWLR (Pt.1380) 249

CONSTITUTIONAL LAW - Party - Legal representation - Right to - By Constitution 1999 s. 36 - Every party to a case has right of representation - By counsel of his choice (H1) Nnakwe v. State (2013) 7 KLR (pt. 333) 3273; (2013) 18 NWLR (Pt.1385) 1

CONSTITUTIONAL LAW - Supreme Court - Appeals - Grounds of facts - Leave - Power of SC to entertain leave to appeal is as per 1999 Constitution s. 233(3) - And the power is not superseded by SC Rules O. 2 r. 32 (H2) Abdul v. CPC (2013) 12 KLR (pt. 338) 4409; (2014) 1 NWLR (Pt.1388) 299

CONTEMPT OF COURT - Appeals - Hearing - Hadikinson's case - Contemnor may not be heard if his disobedience - Impedes the cause of justice - Except where he raises issue of lack of court's jurisdiction (H2) Abeke v. Odunsi (2013) 5 KLR (pt. 330) 2285; (2013) 13 NWLR (Pt.1370) 1

CONTEMPT OF COURT - Appeals - Right of hearing - Order of court - Contempt - Right to be heard differs from right to enforce a right whilst still in disobedience - And appellant on facts of the case - Cannot be denied of being heard on appeal (H3) Abeke v. Odunsi (2013) 5 KLR (pt. 330) 2285; (2013) 13 NWLR (Pt.1370) 1

CONTEMPT OF COURT - Meaning - This is conduct that defies authority of court or legislature - And since it interferes with administration of justice - It is punishable by fine or imprisonment (H1) Abeke v. Odunsi (2013) 5 KLR (pt. 330) 2285; (2013) 13 NWLR (Pt.1370) 1

CONTRACTS - Agreement - Binding nature of - Parties are bound by terms of agreement freely entered into - And court must give effect to such agreement - And is not to make a new one (H4) Aminu Ishola Investment Ltd v. Afribank Plc (2013) 2 KLR (pt. 325) 1025; (2013) 9 NWLR (Pt.1359) 380

CONTRACTS - Appeals - Concurrent findings - Findings of the two lower courts are unassailable - As appellants were unable to prove - Existence of contract of employment with respondents (H9) Organ v. Nig. Liquefied Natural Gas Ltd. (2013) 7 KLR (pt. 334) 3521

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

CONTRACTS - Appeals - Court - Findings - Correctness of - CA was right in finding that - The trial court had no evidence supported by pleadings - That the contract between the parties was voided by illegality (H5) Ajayi v. Total Nig. Plc. (2013) 7 KLR (pt. 334) 3333; (2013) 15 NWLR (Pt.1378) 423

CONTRACTS - Appeals - Interference - Since trial court relied on wrong premise of tort of detinue instead of contract - Court of Appeal rightly disturbed the excessive damages awarded (H3) Aminu Ishola Investment Ltd v. Afribank Plc (2013) 2 KLR (pt. 325) 1025; (2013) 9 NWLR (Pt.1359) 380

CONTRACTS - Banking - Equity - Technicality - It is unjust to allow appellant hold unto the money deposited by respondent - On technical ground that appellant was not a privy to - Contract between respondent and the company (H1) FBN Plc v. Ozokwere (2013) 12 KLR (pt. 337) 4203; (2014) 3 NWLR (Pt.1395) 439

CONTRACTS - Court processes - Filing fee - Claim for interest - Proof of rate - As there was no claim for interest in the writ - Its claim in statement of claim cannot be entertained - Since no such claim was assessed - Nor was filing fee paid for it (H9) Abba v. SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

CONTRACTS - Crime - Charges - Contract - Tender splitting - Exhibit P3 subjects erring public officer to disciplinary action under Civil Service Rules - Hence officer who breached provisions of the exhibit - Cannot be criminally prosecuted in court (H4) Maideribe v. FRN (2013) 12 KLR (pt. 337) 4321; (2014) 5 NWLR (Pt.1399) 68

CONTRACTS - Damages - Torts - Since chattel does not include abstract money - The award of N2 million based on detinue is wrong - As measure of damages in tort is not the same as in contract (H2) Aminu Ishola Invest. Ltd v. Afribank Plc (2013) 2 KLR (pt. 325) 1025; (2013) 9 NWLR (Pt.1359) 380

CONTRACTS - Declaratory reliefs - Proof - Appellants must establish their entitlement to the reliefs - Upon the strength of their own case - And not on the weakness of respondents' case (H8) Organ v. Nig. Liquefied Natural Gas Ltd. (2013) 7 KLR (pt. 334) 3521

CONTRACTS - Dispute - Court - Jurisdiction - Where performance of the contract took place in Kano State - It is Kano and not Zamfara State High Court that has jurisdiction (H8) Dangote Textile Ltd. v. Hascon Asso. Nig. Ltd. (2013) 5 KLR (pt. 329) 2049; (2013) 16 NWLR (Pt.1379) 60

CONTRACTS - Employment - Termination - Notice of - By payment

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

of salary for period of notice - Party can be discharged from his obligations - Where there is agreement that condition for termination is by notice - Or salary in lieu of notice (H4) Dudusola v. Nigerian Gas Co. Ltd. (2013) 12 KLR (pt. 338) 4449; (2013) 10 NWLR (Pt.1363) 423

CONTRACTS - Employment agreement - Binding force - Since Exhibits D, F, J1-J5, P1 & G did not create legal relations between the parties - Respondent is not contractually bound (H2) Osoh v. Unity Bank Plc. (2013) 2 KLR (pt. 325) 1133; (2013) 9 NWLR (Pt.1358) 1

CONTRACTS - Employment contract - Proof - Appellants who alleged wrongful termination of their employment - Must not only prove existence of such contract - But also the terms of the contract that was breached (H7) Organ v. Nig. Liquefied Natural Gas Ltd. (2013) 7 KLR (pt. 334) 3521

CONTRACTS - Illegal contract - Effect - Once a transaction is illegal - It is void and all things emanating from that transaction - Is a nullity (H2) Ajayi v. Total Nig. Plc. (2013) 7 KLR (pt. 334) 3333; (2013) 15 NWLR (Pt.1378) 423

CONTRACTS - Illegal contract - Meaning - Contract is said to be illegal - If the consideration involves illegality - Or the intention of parties is illegal - Or contrary to public policy (H3) Ajayi v. Total Nig. Plc. (2013) 7 KLR (pt. 334) 3333; (2013) 15 NWLR (Pt.1378) 423

CONTRACTS - Interest - Basis - Where appellant claimed 45% interest per month - Trial court's award of 45% interest per annum - Is awarding what was not claimed in statement of claim or oral evidence (H10) Abba v. SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

CONTRACTS - Master & servant - Collective agreement - Contract - There is no privity of contract - As the agreement was not incorporated into the contract of employment (H3) Osoh v. Unity Bank Plc. (2013) 2 KLR (pt. 325) 1133; (2013) 9 NWLR (Pt.1358) 1

CONTRACTS - Sale of goods - Offer - Concept of - Under Sale of Goods Law s. 3(1) - Offer made by appellant must be capable of acceptance not by mere delivery - But its acceptance as well (H7) Abba v. SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

CONTRACTS - Sale of goods - Offer & acceptance - Due delivery in such contract requires acceptance of goods delivered - Otherwise delivery is not done - And no contract is established (H4) Abba v.

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

CONTRACTS - Statutory employment - Confirmation - Proof - Respondent had in para. 5 of the statement of claim - Pleaded that he was positively recommended for confirmation by his HOD & Dean of Faculty - Which assertion was not denied by appellant (H3) University of Jos v. Ikegwuoha (2013) 12 KLR (pt. 338) 4615; (2013) 9 NWLR (Pt.1360) 478

CONTRACTS - Statutory employment - If appellant's employment had statutory flavour - Respondent must comply with the conditions of service - Otherwise any termination would be declared null and void (H2) Dudusola v. Nigerian Gas Co. Ltd. (2013) 12 KLR (pt. 338) 4449; (2013) 10 NWLR (Pt.1363) 423

CONTRACTS - Statutory employment - Notice of non confirmation - As the period of notice provided in s. 22(vii) of Exhibit 5 was not complied with - Exhibit 3 was rightly treated as recommendation for non confirmation referred to in the section (H2) University of Jos v. Ikegwuoha (2013) 12 KLR (pt. 338) 4615; (2013) 9 NWLR (Pt.1360) 478

CONTRACTS - Termination - Correctness of - As there is no illegality in the contract between the parties - CA rightly allowed respondent's appeal - By granting it relief in affirming the termination of the contract (H4) Ajayi v. Total Nig. Plc. (2013) 7 KLR (pt. 334) 3333; (2013) 15 NWLR (Pt.1378) 423

CONVEYANCING - Land law - Title - Proof - Mere production of deed of conveyance - Does not automatically establish title - As court must inter alia be satisfied - That the conveyance is valid and duly executed (H4) Olaniyan v. Fatoki (2013) 7 KLR (pt. 335) 3829; (2013) 17 NWLR (Pt.1384) 477

CONVICTION - Appeals - Criminal procedure - Conviction - Validity - CA rightly affirmed appellant's conviction - As the trial court considered a host of corroborative evidence - From which inference was rightly drawn (H4) Shodiya v. State (2013) 12 KLR (pt. 338) 4557; (2013) 14 NWLR (Pt.1373) 147

CONVICTION - Appeals - Retrial - Confession - As Exhibit C upon which trial court can solely convict appellant - Has made out prima facie case against him - It is necessary that he offers explanations at the trial de novo ordered by CA (H2) Adeyemi v. State (2013) 4 KLR (pt. 328) 1771; (2013) 14 NWLR (Pt.1373) 129

CONVICTION - Appeals - Retrial order - Since the proceedings is

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

nullity - The order is wrong and appellant whose conviction and sentence have been nullified - Shall be set free (H3) Mohammed v. State (2013) 1 KLR (pt. 322) 99; (2013) 5 NWLR (Pt.1347) 315

CONVICTION - Based on confession - Conviction - Based on confession - Conviction may be based on confession - Where the statement is voluntarily positive - And court is satisfied with its truth (H6) Agboola v. State (2013) 5 KLR (pt. 329) 2019; (2013) 11 NWLR (Pt.1366) 619

CONVICTION - Charges - Murder - Provocation - Defence of - Once the defence is sustained in the charge - Accused would be found guilty of manslaughter - And the Judge has discretion to impose sentence (H7) Odunlami v. Nigerian Navy (2013) 6 KLR (pt. 331) 2721; (2013) 12 NWLR (Pt.1367) 20

CONVICTION - Confession - Can be solely based on confession where the statement is not only voluntary - But also direct and unequivocal as to guilt of accused (H2) Shodiya v. State (2013) 12 KLR (pt. 338) 4557; (2013) 14 NWLR (Pt.1373) 147

CONVICTION - Confession - Corroboration - Conviction not founded on evidence on record as per the charge - But on mere confessional statement - Cannot stand on appeal (H5) Abdullahi v. State (2013) 5 KLR (pt. 329) 1979; (2013) 11 NWLR (Pt.1366) 435

CONVICTION - Confession - Corroboration - Where confession is not comprehensive in relation to offence convicted - Existence of evidence outside the statement is necessary - To justify the conviction on appeal (H3) Shodiya v. State (2013) 12 KLR (pt. 338) 4557; (2013) 14 NWLR (Pt.1373) 147

CONVICTION - Confession - Court can convict accused only on his confession - Where the statement is found to be direct and unequivocal (H2) Lasisi v. State (2013) 3 KLR (pt. 326) 1313; (2013) 9 NWLR (PT.1358) 74

CONVICTION - Confession - Court can convict upon a confession - Once it is satisfied that the confession is voluntary (H2) Mmamman v. FRN (2013) 1-2 KLR (pt. 323) 459; (2013) 6 NWLR (Pt.1351) 569

CONVICTION - Confession - In order to ground a conviction Confession must be positive and direct - But reason for commission of the crime - Must not be stated (H1) Dogo v. State (2013) 3 KLR (pt. 326) 1249; (2013) NWLR (Pt.1361) 160

CONVICTION - Confession - So long as a confession is positive and voluntary - It is enough to found a conviction (H2) Adeleke v. State

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

(2013) 7 KLR (pt. 333) 3093; (2013) 16 NWLR (Pt.1381) 556

CONVICTION - Confession - Validity - A voluntary confession is sufficient to support conviction - Once it meets with the six tests - Laid down by Supreme Court (H3) Musa v. State (2013) 2 KLR (pt. 324) 749; (2013) 9 NWLR (Pt.1359) 214

CONVICTION - Confession - Validity - A voluntary confession of guilt is sufficient to warrant conviction - Provided that court is satisfied that it is true (H3) Olatunbosun v. State (2013) 7 KLR (pt. 335) 3851; (2013) 17 NWLR (Pt.1382) 167

CONVICTION - Confession - Validity - Court of Appeal rightly affirmed the conviction of appellant - Since exhibit 7A was direct and voluntarily made (H1) Fatai v. State (2013) 3 KLR (pt. 326) 1291; (2013) 10 NWLR (Pt.1361) 1

CONVICTION - Confession - Validity - Having found exhibit H as voluntarily made - Trial court rightly relied on same in convicting appellant (H4) Abiodun v. State (2013) 4 KLR (pt. 328) 1753; (2013) 9 NWLR (Pt.1358) 138

CONVICTION - Confession - Validity - Once court is satisfied with genuineness of confession - Conviction can be based on it entirely - And such will not be disturbed on appeal (H6) Osuagwu v. State (2013) 1 KLR (pt. 322) 223; (2013) 5 NWLR (Pt.1347) 360

CONVICTION - Confession - Without corroboration a confession can sustain conviction - Provided court is satisfied of the truth therein (H1) Stephen v. State (2013) 3 KLR (pt. 326) 1417; (2013) 8 NWLR (Pt.1355) 153

CONVICTION - Evidence - Correctness of - Court can convict on evidence of one witness - If such evidence is credible - And it is believed and accepted by court (H3) Victor v. State (2013) 6 KLR (pt. 331) 2763; (2013) 12 NWLR (Pt.1369) 465

CONVICTION - Evidence - Tainted witness - This is a witness with some purpose to serve by given evidence - Thus a Judge should scrupulously examine such evidence - And be slow to convict without corroboration (H4) Egwemi v. State (2013) 1-2 KLR (pt. 323) 325; (2013) 13 NWLR (Pt.1372) 525

CONVICTION - Identification parade - Appellant was not solely convicted on evidence obtained at the parade - As court relied on testimony of PW1 - That linked appellant with the offence (H5) Aliyu v. State (2013) 6 KLR (pt. 332) 2873; (2013) 12 NWLR (Pt.1368) 403

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

CONVICTION - Identification parade - Relevance of - Where identity of accused is not in doubt - The parade is not needed - As same is not a sine qua non to conviction (H2) Fatai v. State (2013) 3 KLR (pt. 326) 1291; (2013) 10 NWLR (Pt.1361) 1

CONVICTION - Military law - Manslaughter - Sentence - Under Armed Forces Act s. 105 - Once accused is convicted of the offence - Trial Judge has no discretion - But to impose sentence of life imprisonment (H6) Odunlami v. Nigerian Navy (2013) 6 KLR (pt. 331) 2721; (2013) 12 NWLR (Pt.1367) 20

CONVICTION - Murder - Circumstantial evidence - Evidence of circumstances in this case is inadmissible - As same is capable of explanation upon other hypothesis - Than that of appellant's guilt (H12) Odogwu v. State (2013) 7 KLR (pt. 335) 3779; (2013) 14 NWLR (Pt.1373) 74

CONVICTION - Murder - Confession - Medical report - Corroboration - Appellant's confessions corroborated by the medical report - Are fully descriptive of the crime - And sufficient for court to find him guilty (H2) Usman v. State (2013) 5 KLR (pt. 330) 2569; (2013) 12 NWLR (Pt.1369) 465

CONVICTION - Murder - Contradictions - Effect - Minor difference in evidence of prosecution witnesses - Are not of a serious nature to vitiate the conviction (H7) Maigari v. State (2013) 7 KLR (pt. 333) 3251; (2013) 17 NWLR (Pt.1384) 425

CONVICTION - Murder - Death sentence - Penal Code s. 221 - Once accused has been found guilty - Judge has no jurisdiction to listen to allocutus - And should not reduce sentence to term of years (H6) State v. John (2013) 5 KLR (pt. 330) 2539; (2013) 12 NWLR (Pt.1368) 337

CONVICTION - Murder - Ingredients - Proof - Conviction of appellant for the offence - Can be sustained by the testimonies of respondent's witnesses - Medical report - And appellant's statements (H2) Jimmy v. State (2013) 4 KLR (pt. 327) 1699; (2013) 18 NWLR (Pt.1386) 229 S. C.

CONVICTION - Murder - Ingredients - Proof - To secure conviction for murder - Prosecution must prove that deceased died - As a result of act of accused - Which was intentional (H2) Afosi v. State (2013) 6 KLR (pt. 331) 2583; (2013) 13 NWLR (Pt.1371) 329

CONVICTION - No case submission - Court is not to determine - Whether evidence is sufficient to justify conviction - But it must be

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

satisfied that there is a prima facie case - Against accused (H2) Agbo v. State (2013) 4 KLR (pt. 328) 1787; (2013) 11 NWLR (Pt.1365) 377

CONVICTION - No case submission - Principle - The submission postulates that there is no legally admissible evidence - Or that prosecution's evidence has been so discredited - That no reasonable court can convict accused on such evidence (H1) Fagoriola v. FRN (2013) 7 KLR (pt. 335) 3753; (2013) 17 NWLR (Pt.1383) 322

CONVICTION - Offence not known to law - Charge and conviction of appellant under CC ss. 104, 203 & 517 cannot stand - Since the basis of the offence charged was unknown to law - At the material time (H2) Tafidi v. FRN (2013) 12 KLR (pt. 338) 4575; (2014) 5 NWLR (Pt.1399) 129

CONVICTION - Offensive weapon - Where such weapon was used in commission of offence - It is not essential to tender it to secure conviction - Provided there is cogent eye witness or circumstantial evidence - That points to guilt of accused (H6) Babarinde v. State (2013) 8-12 KLR (pt. 336) 3995; (2014) 3 NWLR (Pt.1395) 568

CONVICTION - Proof - Number of witness - Evidence of single witness can ground a conviction - Where the evidence is credible and cogent - Provided that corroboration is not required (H4) Babarinde v. State (2013) 8-12 KLR (pt. 336) 3995; (2014) 3 NWLR (Pt.1395) 568

CONVICTION - Prosecution's case - Discrepancies - The minor discrepancies in prosecution's case - Are not sufficient to overturn the conviction of appellant (H7) Ibrahim v. State (2013) 12 KLR (pt. 337) 4273; (2014) 3 NWLR (Pt.1394) 305

CONVICTION - Rape - Ingredient - Supreme Court will not interfere with concurrent conviction - Since the infant victim gave evidence of having been penetrated by accused (H1) Musa v. State (2013) 2 KLR (pt. 324) 749; (2013) 9 NWLR (Pt.1359) 214

CONVICTION - Retracted statement - Weight - Where it is confessional statement - Court can convict on strength of the confession - But there should be some corroboration (H5) Ibrahim v. State (2013) 12 KLR (pt. 337) 4273; (2014) 3 NWLR (Pt.1394) 305

CONVICTION - Robbery - Confession - Accused can be convicted solely on his confession - Where same is direct and properly proved (H1) Afolabi v. State (2013) 6 KLR (pt. 332) 2841; (2013) 13 NWLR (Pt.1371) 292

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

CONVICTION - Sustainability - Disobedience to lawful order - Exhibit P3 does not have legal effect - To justify finding appellant guilty under CC s. 203 - For the alleged disobedience (H1) Maideribe v. FRN (2013) 12 KLR (pt. 337) 4321; (2014) 5 NWLR (Pt.1399) 68

CONVICTION - Sustainability - Public servant - Appellant not being a staff of NPA - Cannot come within the definition of person employed by the Authority - To support his conviction for offence in CC s. 104 (H3) Maideribe v. FRN (2013) 12 KLR (pt. 337) 4321; (2014) 5 NWLR (Pt.1399) 68

CONVICTION - Undisclosed offence - Appellant's alleged disobedience of exhibit P3 - Is not an offence disclosed in CC ss. 203, 104 & 517 - Hence conviction of appellant for same - Violates his right under 1999 Constitution s. 36(8) (H6) Maideribe v. FRN (2013) 12 KLR (pt. 337) 4321; (2014) 5 NWLR (Pt.1399) 68

CORROBORATION - Appeals - Criminal procedure - Conviction - Validity - CA rightly affirmed appellant's conviction - As the trial court considered a host of corroborative evidence - From which inference was rightly drawn (H4) Shodiya v. State (2013) 12 KLR (pt. 338) 4557; (2013) 14 NWLR (Pt.1373) 147

CORROBORATION - Confession - Conviction - Without corroboration a confession can sustain conviction - Provided court is satisfied of the truth therein (H1) Stephen v. State (2013) 3 KLR (pt. 326) 1417; (2013) 8 NWLR (Pt.1355) 153

CORROBORATION - Confession - Conviction not founded on evidence on record as per the charge - But on mere confessional statement - Cannot stand on appeal (H5) Abdullahi v. State (2013) 5 KLR (pt. 329) 1979; (2013) 11 NWLR (Pt.1366) 435

CORROBORATION - Confession - It is desirable to have some evidence outside the confession - Which would make it probable that the confession is true (H4) Olatunbosun v. State (2013) 7 KLR (pt. 335) 3851; (2013) 17 NWLR (Pt.1382) 167

CORROBORATION - Confession - Where confession is not comprehensive in relation to offence convicted - Existence of evidence outside the statement is necessary - To justify the conviction on appeal (H3) Shodiya v. State (2013) 12 KLR (pt. 338) 4557; (2013) 14 NWLR (Pt.1373) 147

CORROBORATION - Evidence - Tainted witness - This is a witness with some purpose to serve by given evidence - Thus a Judge should scrupulously examine such evidence - And be slow to convict without corroboration (H4) Egwemi v. State (2013) 1-2 KLR (pt. 323)

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

325; (2013) 13 NWLR (Pt.1372) 525

CORROBORATION - Murder - Confession - Medical report - Corroboration - Appellant's confessions corroborated by the medical report - Are fully descriptive of the crime - And sufficient for court to find him guilty (H2) Usman v. State (2013) 5 KLR (pt. 330) 2569; (2013) 12 NWLR (Pt.1369) 465

CORROBORATION - Rape - Corroboration - Although corroboration is desirable in rape - Trial Judge can convict on uncorroborated evidence - After having watched the demeanor of accused (H5) Musa v. State (2013) 2 KLR (pt. 324) 749; (2013) 9 NWLR (Pt.1359) 214

CORROBORATION - Retracted statement - Weight - Where it is confessional statement - Court can convict on strength of the confession - But there should be some corroboration (H5) Ibrahim v. State (2013) 12 KLR (pt. 337) 4273; (2014) 3 NWLR (Pt.1394) 305

CORROBORATION - Robbery - Proof - Corroborative evidence from PW1 & 2 show that there was a robbery - And that the robbery was not proved to be armed robbery (H3) Adeleke v. State (2013) 7 KLR (pt. 333) 3093; (2013) 16 NWLR (Pt.1381) 556

COSTS - Award - Purpose of - Costs are to compensate successful party - Without being punitive to unsuccessful party - And wrong exercise of discretion on costs - Can be varied by CA under s. 16 of its Act (H4) Olusanya v. Osineye (2013) 5 KLR (pt. 329) 2225; (2013) 12 NWLR (Pt.1367) 148

COURT MARTIAL - Appeals - CA Rules O. 4 r. 1 - Applicability - The provisions of the Order is not applicable - In appeals to CA in criminal cases from General Court Martial (H2) Nigerian Army v. Samuel (2013) 7 KLR (pt. 334) 3385; (2013) 14 NWLR (Pt.1375) 466

COURT MARTIAL - Fair hearing - Sentence - Review of - By Armed Forces Act s. 149 - A convict has 3 months to appeal for a review - And is also allowed by s. 154(6) to appeal to CA - And thereafter to SC (H3) Odunlami v. Nigerian Navy (2013) 6 KLR (pt. 331) 2721; (2013) 12 NWLR (Pt.1367) 20

COURT MARTIAL - Jurisdiction - Court of Appeal - By 1999 Constitution s. 240 - C.A. is given exclusive appellate jurisdiction - Over decisions of general court martial (H1) Nigerian Army v. Warrant Officer Banni Yakubu (2013) 1-2 KLR (pt. 323) 471; (2013) 8 NWLR (PT.1355) 1

COURT PROCESSES - Abuse - Characteristics - Abuse happens when a party improperly uses judicial process - To the irritation of his oppo

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

nent - In respect of multiple actions between same parties - On same subject matter (H10) Vab Petroleum Inc. v. Momah (2013) 1 KLR (pt. 322) 249; (2013) 14 NWLR (Pt.1374) 284

COURT PROCESSES - Abuse - Characteristics - It arises where a party improperly uses judicial processes - To the irritation and annoyance of his opponent (H2) Osun S.I.E.C. v. NCP (2013) 3 KLR (pt. 326) 1401; (2013) 9 NWLR (Pt.1360) 451

COURT PROCESSES - Abuse - Characteristics - The action as constituted by appellant is abuse of process - As it is a multiplication of actions involving same parties and subject matter (H3) Igbeke v. Okadigbo (2013) 5 KLR (pt. 330) 2351; (2013) 12 NWLR (Pt.1368) 225

COURT PROCESSES - Abuse - Concept - This means that process of court has not been used properly - But process not filed in court - Cannot constitute abuse of process (H6) CPC v. Ombugadu (2013) 7 KLR (pt. 334) 3401; (2013) 18 NWLR (Pt.1385) 66

COURT PROCESSES - Abuse - Dismissal - Once court is satisfied that any proceeding before it is abuse of process - It has power to strike it out (H4) Commissioner for Education v. Amadi (2013) 2 KLR (pt. 325) 1003; (2013) 13 NWLR (Pt.1370) 133

COURT PROCESSES - Abuse - Effect - Courts do not treat abuse as mere irregularity - As it is a fundamental vice punishable by dismissal of the offending process (H3) Ukachukwu v. PDP (2013) 12 KLR (pt. 338) 4591; (2014) 4 NWLR (Pt.1396) 65

COURT PROCESSES - Abuse - Features - It shows in the improper use of judicial process by party - To interfere with the due administration of justice (H2) Ukachukwu v. PDP (2013) 12 KLR (pt. 338) 4591; (2014) 4 NWLR (Pt.1396) 65

COURT PROCESSES - Abuse - Instance of - Is where a party improperly uses judicial process - To the irritation of his opponent - Not only in same subject matter - But also where issues are the same (H3) Commissioner for Education v. Amadi (2013) 2 KLR (pt. 325) 1003; (2013) 13 NWLR (Pt.1370) 133

COURT PROCESSES - Abuse - Meaning - Abuse features where a party improperly uses process of court - To the irritation and annoyance of his opponent (H1) Ogboru v. Uduaghan (2013) 6 KLR (pt. 332) 2981; (2013) 13 NWLR (Pt.1370) 33

COURT PROCESSES - Abuse - Prevention - Court has inherent power to ward off abuse of its process - For purpose of maintaining its sanc

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

tity and dignity (H5) Ogboru v. Uduaghan (2013) 6 KLR (pt. 332) 2981; (2013) 13 NWLR (Pt.1370) 33

COURT PROCESSES - Actions - Cause of action - Source - Plaintiff's statement of claim determines - Whether a cause of action is disclosed in a suit (H2) Chukwu v. Akpelu (2013) 12 KLR (pt. 337) 4177; (2014) 13 NWLR (Pt.1424) 359

COURT PROCESSES - Appeals - Jurisdiction - An initiating process must be valid - To confer jurisdiction on court - In order to adjudicate between parties on a subject matter in dispute (H2) Okarika v. Samuel (2013) 2 KLR (pt. 324) 807; (2013) 7 NWLR (Pt.1352) 19

COURT PROCESSES - Appeals - Notice of appeal - Validity - Cross appellants having failed to refer the matter to Code of Conduct Tribunal - Alleged violations of the code by counsel - Have not been established as to affect competence of the processes (H5) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

COURT PROCESSES - Courts - Power to prevent abuse - By Constitution 1999 s. 6(6)(a) - Once satisfied that any proceeding before it - Is an abuse of process - Court is empowered to terminate same (H3) Osun S.I.E.C. v. NCP (2013) 3 KLR (pt. 326) 1401; (2013) 9 NWLR (Pt.1360) 451

COURT PROCESSES - Error - Amendment - Mistake which is not intended to overreach the court can be corrected - And it must be done without injustice to the other party (H6) Eta v. Dazie (2013) 3 KLR (pt. 326) 1269; (2013) 9 NWLR (Pt.1359) 248

COURT PROCESSES - Fair hearing - Breach - Allegation of - The principle cannot avail appellant - As he was properly served with the process - And it is not for court to compel him to act on the opportunity presented (H12) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

COURT PROCESSES - Filing fee - Claim for interest - Proof of rate - As there was no claim for interest in the writ - Its claim in statement of claim cannot be entertained - Since no such claim was assessed - Nor was filing fee paid for it (H9) Abba v. SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

COURT PROCESSES - Jurisdiction - Determination - Basis - To ascertain jurisdiction of court in a matter - Writ of summons and statement of claim - Are the most crucial processes to be examined (H7) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

COURT PROCESSES - Legal practitioners - Signing - By LPA ss. 2(1) & 24 - Only a person registered in Supreme Court - Whose name is on the roll - Is recognized as legal practitioner - Entitled to sign or file processes in courts (H4) Nigerian Army v. Samuel (2013) 7 KLR (pt. 334) 3385; (2013) 14 NWLR (Pt.1375) 466

COURT PROCESSES - Motions - Striking out - Regularization of - Party whose motion is struck out - Can either file fresh application or apply for relisting - But the options do not avail applicants - Since their application constitutes abuse of process (H4) Ogboru v. Uduaghan (2013) 6 KLR (pt. 332) 2981; (2013) 13 NWLR (Pt.1370) 33

COURT PROCESSES - Objections - Preliminary objection - Basis - It deals with law and hence no need for supporting affidavit - As applicant contends that the court process has not complied with the enabling law (H3) Abba v. SPDC Nig. Ltd. (2013) 4 KLR (pt. 327) 1473; (2013) 11 NWLR (Pt.1364) 86

COURT PROCESSES - Orders of court - Non service - Effect - An order is not binding if made on a person - Who has not been served with it (H2) Uwazuruike v. A-G Federation (2013) 4 KLR (pt. 328) 1953; (2013) 10 NWLR (Pt.1361) 105

COURT PROCESSES - Originating process - Defect in - Amendment - Process that was not properly signed by counsel is incompetent ab initio - And same cannot be cured by amendment (H3) Ministry of Works & Transport v. Yakubu (2013) 1-2 KLR (pt. 323) 289; (2013) 6 NWLR (Pt.1351) 481

COURT PROCESSES - Originating process - Not signed by counsel - Since the process was not signed by a legal practitioner - The same is incompetent as well as an appeal arising therefrom (H2) Ministry of Works & Transport v. Yakubu (2013) 1-2 KLR (pt. 323) 289; (2013) 6 NWLR (Pt.1351) 481

COURT PROCESSES - Originating summons - Irregularity in - Absence of question for determination in the application - Is fundamental error - Which trial court ought not to have treated as mere irregularity (H2) Olley v. Tunji (2013) 4 KLR (pt. 328) 1905; (2013) 10 NWLR (Pt.1362) 275

COURT PROCESSES - Originating summons - Validity - Application made by this procedure without questions for determination - Is incompetent and as such court cannot validly exercise its jurisdiction under Electoral Act s. 87(9) (H1) Olley v. Tunji (2013) 4 KLR (pt. 328) 1905; (2013) 10 NWLR (Pt.1362) 275

INDEX OF SUBJECT MATTER ALL SC 2013 DECISIONS

COURT PROCESSES - Service - Defect in - By Cross River HC Rules O. 2 rr. 1 & 2 - Defect in service amounts to non compliance - And the irregularity is deemed as waived - Where party after being aware of same - Took further steps in the proceedings (H1) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

COURT PROCESSES - Service - Defect in - Waiver - Effect - Appellant having let go of its right is not allowed to resurrect same in SC - As the right is deemed waived - And it cannot rely on same to set aside service on it (H5) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421

COURT PROCESSES - Service - Fair hearing - Appellant having been duly served the originating process - But chose to ignore same - Should not complain but take the consequences (H10) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

COURT PROCESSES - Service - Legal practitioner - Service on counsel is as good service on party - And proof of service is unnecessary - Where defendant appears (H4) Vab Petroleum Inc. v. Momah (2013) 1 KLR (pt. 322) 249; (2013) 14 NWLR (Pt.1374) 284

COURT PROCESSES - Service - Proof - As appellant filed no process to controvert proper service on him - Nothing exists in the record precluding trial court - From proceeding with the case (H11) Ahmed v. Ahmed (2013) 7 KLR (pt. 335) 3561; (2013) 15 NWLR (Pt.1377) 274

COURT PROCESSES - Service - Proof - It is wrong to say that defendant who filed defence to statement of claim - Was not served writ of summons - Because there was no bailiff's endorsement on the writ (H5) Vab Petroleum Inc. v. Momah (2013) 1 KLR (pt. 322) 249; (2013) 14 NWLR (Pt.1374) 284

COURT PROCESSES - Service - Undefended suits - Definitive affidavit - Where the writ does not have the required separate affidavit - Defendant cannot be said to have been served (H3) Obaro v. Hassan (2013) 1-2 KLR (pt. 323) 491; (2013) 8 NWLR (Pt.1375) 425

COURT PROCESSES - Service - Validity - The State HC Rules has relaxed mode of service on company - Hence service on the depot manager is proper - Since he is principal officer served within jurisdiction (H4) Nigerian Bottling Co. Plc v. Ubani (2013) 8-12 KLR (pt. 336) 4027; (2014) 4 NWLR (Pt.1398) 421