ACCIDENTS - Criminal law - Defence - Inconsistencies in - Appellant's 3 separate statements reveal inconsistencies which ruled out event of accident - Hence they were rightly rejected by trial court and CA (H1) Amaremor v. State (2014) 3 KLR (pt. 343) 1037; (2014) 10 NWLR (Pt.1414) 1

ACTIONS - Aggrieved party - Meaning - Is one whose personal rights have been adversely affected by another person's action - Or by court's decree or judgment (H7) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Alternative relief - Award - It is construed distinctively and not conjunctively - Hence appellant who sought same against 2^nd respondent - Ought to have brought a separate action (H12) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420) 96

ACTIONS - Appeals - Abuse of process - Leave granted 1^st respondent to appeal against decision of FHC - On subject matter that has been dismissed by SC - Is gross abuse of process (H12) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

ACTIONS - Appeals - Academic issue - Fate of - Where appeal has no practical value to appellant - Any judgment given in his favour - Will certainly render such appeal merely academic (H6) Ugba v. Suswam (2014) 5 KLR (pt. 348) 2127; (2014) 14 NWLR (Pt.1427) 264

ACTIONS - Appeals - Date - Jurisdiction - Proceedings of CA on 7/5/2005 in the matter is a nullity - As the court was bereft of jurisdiction in the matter on that day - Two days service interval not having elapsed (H7) Etsako West L.G. Council v. Christopher (2014) 6 KLR (pt. 351) 2699; (2014) 14 NWLR (Pt.1426) 73

ACTIONS - Appeals - Filing - Legal capacity - CPC lacked the capacity to file the appeal - As it has ceased to exist as a political party - From 31^st July 2013; (2014) 6 NWLR (Pt.1402) 43 when it metamorphosed into APC (H2) APC v. INEC (2014) 9-11 KLR (pt. 353) 3203; (2015) 8 NWLR (Pt.1462) 531

ACTIONS - Appeals - Jurisdiction - Commencement - Wrong name - Where parties are not in doubt as to parties to appeal - Wrongful heading of the appeal does not affect competency of court - To hear same on merit (H5) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

ACTIONS - Aviation - Revenue drive - Power - By NAMA Act s. 11 -

Respondent has power not only to charge for 30% air ticket sales - But also to charge en route local facility services (H15) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

ACTIONS - Cause of action - Appeals - Concurrent findings - That respondent's cause of action accrued in 1972 - Is supported by evidence in trial court - Hence it is not perverse but a correct finding (H9) Adejumo v. Olawaiye (2014) 7 KLR (pt. 352) 2869; (2014) 12 NWLR (Pt.1421) 252

ACTIONS - Cause of action - Definition - It means a combination of facts - Giving rise to right to file claim in court - And it includes every material fact which has to be proved - To entitle plaintiff to succeed (H8) Mulima v. Usman (2014) 12 KLR (pt. 355) 3889; (2014) 16 NWLR (Pt.1432) 160

ACTIONS - Cause of action - Definition of - It is the facts which give rise to right of action - Or the factual situation which gives a person - Right to judicial relief (H3) A-G Adamawa State v. A-G Federation (2014) 6 KLR (pt. 349) 2303; (2014) 14 NWLR (Pt.1428) 515

ACTIONS - Cause of action - Determination - Cause of action is determined by reference to statement of claim - As court should look at the writ of summons - And averments in statement of claim (H1) Opia v. INEC (2014) 2 KLR (pt. 342) 995; (2014) 7 NWLR (Pt.1407) 431

ACTIONS - Cause of action - Determination - Subject matter of claim before court is determined on plaintiff's claim - Per pleadings filed (H1) Anekwe v. Nweke (2014) 4 KLR (pt. 344) 13; (2014) 9 NWLR (Pt.1412) 393

ACTIONS - Cause of action - Meaning of - It denotes every fact which it would be necessary for plaintiff to prove - If traversed - To support his right to judgment of the court (H3) Society Bic S.A. v. Charzin Ind. Ltd. (2014) 2 KLR (pt. 341) 665; (2014) 4 NWLR (Pt.1398) 497

ACTIONS - Cause of action - Proper parties - Jurisdiction - Cause of action endorsed on writ of summons determines proper parties - And it is only when such parties are before court - That it becomes competent to adjudicate on the suit (H8) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Civil matters - Proof - Standard of - Civil cases are determined on balance of probabilities - And not by number of witnesses called - But by probative value of their testimonies (H13; (2014) 6

NWLR (Pt.1402) 43) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

ACTIONS - Claims - Supreme Court - Consequential order - Grant - By virtue of SC Act s. 22 - Consequential relief can be granted by the court in interest of justice - Even where not specifically claimed (H8) Eze v. Gov. of Abia State (2014) 7 KLR (pt. 352) 2935; (2014) 14 NWLR (Pt.1426) 192

ACTIONS - Commencement - Legal capacity - Non existing person cannot institute action in court - Nor will action be allowed to be maintained against defendant - Who is not a legal person (H3) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

ACTIONS - Commencement - Legal personality - Source - Juristic personality is donated by enabling law - And where it is provided that a party must sue or be sued in a name - He cannot be sued in any other name (H4) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

ACTIONS - Commencement - Limitation - Party claiming legal right must act quickly - To avoid a situation where the other party would have acted - In the belief that no one was offended by his act (H6) Adejumo v. Olawaiye (2014) 7 KLR (pt. 352) 2869; (2014) 12 NWLR (Pt.1421) 252

ACTIONS - Commencement - Misnomer - Effect - Misnomer that will vitiate proceedings would be such - That will cause reasonable doubt - As to identity of person intending to sue or be sued (H7) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

ACTIONS - Commencement - Misnomer - Occurs when mistake is made as to name of a person who sued or was sued - Or when action is brought by or against the wrong name of a person (H6) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

ACTIONS - Commencement - Necessary party - Action on ostracism proceeded without joining Obi in Council or Onitsha community is of no moment - As the parties are the instrument of making known to appellant - That he could not relate with Agbalanze (H3) Mbanefo v. Molokwu (2014) 2 KLR (pt. 341) 579; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Commencement - Necessary party - Court will not compel plaintiff to proceed against a party he has no desire to prosecute

- Save where inter alia justice cannot be done and case properly determined (H4) Mbanefo v. Molokwu (2014) 2 KLR (pt. 341) 579; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Commencement - Originating summons - Amendment - Duly made takes effect from date of the original document - And it applies to every successive amendment (H1) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

ACTIONS - Commencement - Representative capacity - Failure to obtain leave to sue in that capacity does not vitiate the action - Since 1^st respondent as the head - Acted as mouth piece of the Agbalanze - (H5) Mbanefo v. Molokwu (2014) 2 KLR (pt. 341) 579; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Company law - Liquidator - Locus standi - By CAMA s. 425 - Liquidator in a winding up by court can bring and defend action - Subject to sanction of the court or committee of inspection (H6) Oredola Okeya Trading Co. v. Bank of Credit & Commerce Intn'l (2014) 1 KLR (pt. 339) 211

ACTIONS - Computation of time - Saturday - It is not one of the days designated as a public holiday - Under Public Holidays Act - It is only a work free day (H6) Etsako West L.G. Council v. Christopher (2014) 6 KLR (pt. 351) 2699; (2014) 14 NWLR (Pt.1426) 73

ACTIONS - Computation of time - The day of happening of an event is excluded - Where a period is reckoned from that event - As Computation starts from the next day after the event (H5) Etsako West L.G. Council v. Christopher (2014) 6 KLR (pt. 351) 2699; (2014) 14 NWLR (Pt.1426) 73

ACTIONS - Counter claim - Validity of - Where loosely framed by counsel to detriment of appellants - CA rightly held that same is unknown to law - And that order made in respect of the claim should be set aside (H8) Aminu v. Hassan (2014) 1 KLR (pt. 340) 249; (2014) 5 NWLR (Pt.1400) 287

ACTIONS - Court processes - Service - Time - Service is effected between 6am and 6pm - And except in circumstances as may be authorized by Judge - Service shall not be effected on Sunday or public holiday (H4) Etsako West L.G. Council v. Christopher (2014) 6 KLR (pt. 351) 2699; (2014) 14 NWLR (Pt.1426) 73

ACTIONS - Courts - Abuse of process - Prevention - To ensure the authority and dignity of court - Court is imbued with power and duty to prevent action - Which constitutes abuse of its process (H13; (2014)

6 NWLR (Pt.1402) 43) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

ACTIONS - Courts - Competence of - Madukolu v. Nkemdilim - Court is competent to exercise jurisdiction where inter alia - It is properly constituted - Subject matter of action is within its jurisdiction - And the action is initiated by due process of law (H2) Mba v. State (2014) 4 KLR (pt. 345) 1599; (2014) 10 NWLR (Pt.1415) 316

ACTIONS - Courts - Jurisdiction - Revenue collection - The claim cannot be pursued in SC but FHC - As the dispute pertains to operation of agency of the Federation vis-à-vis that of State - Which jurisdiction is conferred on FHC by 1999 Constitution s. 251(a)(b)(q) (H8) A-G Lagos State v. A-G Federation (2014) 4 KLR (pt. 345) 1519; (2014) 9 NWLR (Pt.1412) 217

ACTIONS - Courts - Justice - Need for - Courts have duty to do substantial justice - And allow formal amendment as are necessary - For the ultimate achievement of justice and end of litigation (H2) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

ACTIONS - Courts - Ouster clause - By virtue of Decree 17 of 1984 - Courts have no jurisdiction to adjudicate on anything done - Or purported to have been done pursuant to the Decree (H1) Utomudo v. Military Gov. of Bendel State (2014) 5 KLR (pt. 348) 2223; (2014) 11 NWLR (Pt.1417) 97

ACTIONS - Courts - Party - Joinder of - It is duty of courts to ensure that parties that are likely to be affected by result of action - Are joined accordingly (H2) Azubuike v. PDP (2014) 2 KLR (pt. 341) 487; (2014) 7 NWLR (Pt.1406) 292

ACTIONS - Courts - Reliefs - Grant of - Basis - No court is allowed to grant to a party relief not sought for - As the court is not Father Christmas (H4) Awodi v. Ajagbe (2014) 12 KLR (pt. 355) 3787; (2015) 3 NWLR (Pt.1447) 578

ACTIONS - Courts - Statement of claim - Reply - Determination - Before court decides whether or not there is reply to suit - In respect of averment in statement of claim - It must consider pleadings of parties (H5) Okoye v. Nwankwo (2014) 6 KLR (pt. 351) 2717; (2014) 15 NWLR (Pt.1429) 93

ACTIONS - Courts - Undefended suit - Entry of - Court shall if satisfied that there is no defence to a claim for liquidated money demand - Enter the suit in undefended list - And enter thereon a date for hearing (H1) Obitude v. Onyesom Community Bank Ltd. (2014) 4

KLR (pt. 344) 13; (2014) 9 NWLR (Pt.1412) 352

ACTIONS - Crime - Allegation of - Proof - Concrete materials must back up such an allegation - Before fraud can change the colour of the case of a party alluding thereto (H5) Obitude v. Onyesom Community Bank Ltd. (2014) 4 KLR (pt. 344) 13; (2014) 9 NWLR (Pt.1412) 352

ACTIONS - Crime - Allegation of - Proof - When fraud is alleged in a suit - It must be pleaded and established by proof beyond reasonable doubt (H3) Ukeje v. Ukeje (2014) 4 KLR (pt. 345) 1627; (2014) 11 NWLR (Pt.1418) 384

ACTIONS - Damages - Award - Entitlement to - Having not succeeded in the case - Respondent is not entitled to the award of N2,500,000 (H3) Aromolaran v. Agoro (2014) 9-11 KLR (pt. 353) 3261; (2014) 18 NWLR (Pt.1438) 153

ACTIONS - Defence - Fair hearing - 1999 Constitution s. 36 provides inter alia - That a person shall be entitled to fair hearing within a reasonable time - By court constituted in a manner as to secure its impartiality (H1) Etsako West L.G. Council v. Christopher (2014) 6 KLR (pt. 351) 2699; (2014) 14 NWLR (Pt.1426) 73

ACTIONS - Detinue - Damages - Measure of damages in detinue is inter alia - Market value of the goods detained - And money representing the normal loss through detention of the goods (H7) Enterprise Bank Ltd. v. Aroso (2014) 9-11 KLR (pt. 353) 3355; (2014) 3 NWLR (Pt.1394) 256

ACTIONS - Detinue - Proof - Plaintiff must inter alia plead evidence that - He is owner of the property - He has right to possession - And that defendant is in actual possession of the property (H6) Enterprise Bank Ltd. v. Aroso (2014) 9-11 KLR (pt. 353) 3355; (2014) 3 NWLR (Pt.1394) 256

ACTIONS - Documents - Weight - Exhibits E & F legally placed 1^st defendant and his people in their present abode - Hence both exhibits are compelling and decisive - For dismissing plaintiffs' case in the HC (H10) Wassah v. Kara (2014) 12 KLR (pt. 354) 3631; (2015) 4 NWLR (Pt.1449) 374

ACTIONS - Election - Parties - Joinder of - 1^st respondent's action without joining appellant was not properly constituted - And his agitation to be declared a candidate is flawed in absence of prior suit against appellant (H4) Ikechukwu v. Nwoye (2014) 12 KLR (pt. 355) 3845; (2014) 4 NWLR (Pt.1397) 227

ACTIONS - Elections - Action - Commencement - It is one of the ways of commencing action in the courts - Especially where the issue is that of construction of documents (H12) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

ACTIONS - Elections - Actions - Locus standi - 1^st-10^th respondents lack locus in the action - As their amended originating summons and affidavit in support - Contain no facts of their candidature at the elections (H11) Yardua v. Yandoma (2014) 12 KLR (pt. 354) 3661; (2015) 4 NWLR (Pt.1448) 123

ACTIONS - Elections - Expeditious hearing - Counsel in election matters which are sui generis - Should allow the matters to be decided speedily (H11) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

ACTIONS - Elections - Locus standi - Appellant who withdrew from the contest - Cannot validly complain about conduct of the primary election - Or approach court to enforce any right from the primary (H4) Adegbuyi v. APC (2014) 12 KLR (pt. 355) 3733; (2015) 2 NWLR (Pt.1442) 1

ACTIONS - Elections - Preelection - Where such matter is instituted timeously in HC - But cause of action cannot be accommodated within Electoral Act s. 13; (2014) 6 NWLR (Pt.1402) 438(1) - HC still has jurisdiction - Otherwise party is left without a remedy (H14) Gwede v. INEC (2014) 9-11 KLR (pt. 353) 3389; (2014) 18 NWLR (Pt.1438) 56

ACTIONS - Estoppel - Appellants' earlier suit in Customary Court cannot operate as issue estoppel - As there is material difference in evidence in that court - And the one proffered in the High Court (H4) Adeyefa v. Bamgboye (2014) 5 KLR (pt. 348) 2049; (2014) 11 NWLR (Pt.1419) 520

ACTIONS - Estoppel - Decided issues - Issues once litigated upon should be regarded as forever decided - Except set aside by competent appellate court (H3) Adeyefa v. Bamgboye (2014) 5 KLR (pt. 348) 2049; (2014) 11 NWLR (Pt.1419) 520

ACTIONS - Estoppel by conduct - Principle - Evidence Act s. 151 - Person who by his act or omission intentionally caused another to act upon a belief - Is not allowed in any proceedings between himself and that other - To deny the truth of that belief (H4) Obitude v. Onyesom Community Bank Ltd. (2014) 4 KLR (pt. 344) 13; (2014) 9 NWLR (Pt.1412) 352

ACTIONS - Evidence - Root of title - Lower courts rightly concluded

that - Defendants should testify first as per their pleadings - Hence the suit should accordingly be continued at trial court (H9) Okoye v. Nwankwo (2014) 6 KLR (pt. 351) 2717; (2014) 15 NWLR (Pt.1429) 93

ACTIONS - Fraud - Statute of limitation - Does not apply in cases of concealed fraud - So long as the party defrauded remains ignorant of the fraud - Without any fault of his (H10) Mulima v. Usman (2014) 12 KLR (pt. 355) 3889; (2014) 16 NWLR (Pt.1432) 160

ACTIONS - Freedom of association - Native society - By voluntarily becoming member of Agbalanze society - Appellant chose to adhere to its regulations - He cannot pick which aspect suits him - And which he is at liberty to do away with (H2) Mbanefo v. Molokwu (2014) 2 KLR (pt. 341) 579; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Injunctions - Grant - Application for - An order of injunction is usually granted - Pending determination of substantive suit - Or determination of an earlier application pending before court (H3) Azuh v. UBN Plc. (2014) 5 KLR (pt. 346) 1753; (2014) 11 NWLR (Pt.1419) 580

ACTIONS - Institution of - Limitation - Although where there is right there is a remedy - But there are certain period of limitation for instituting certain actions - For there must be an end to litigation (H5) A-G Adamawa State v. A-G Federation (2014) 6 KLR (pt. 349) 2303; (2014) 14 NWLR (Pt.1428) 515

ACTIONS - Judgment - Estoppel - Plea of - Party may be precluded from contending the contrary of any precise point - That had been distinctively put in issue - And determined with certainty against him (H1) Gbemisola v. Bolarinwa (2014) 3 KLR (pt. 343) 1129; (2014) 9 NWLR (Pt.1411) 1

ACTIONS - Judgment per incuriam - Meaning of - When a case is decided per incuriam - It denotes that it is reached through inadvertence - And or in ignorance of the relevant law (H4) Akintokun v. LPDC (2014) 5 KLR (pt. 347) 1831; (2014) 13 NWLR (Pt.1423) 1

ACTIONS - Judgments - Previous judgment - Use - Judgment in earlier case is used in a later case on a plea of res judicata - Provided incidents necessary to support such plea are fully observed (H4) Aminu v. Hassan (2014) 1 KLR (pt. 340) 249; (2014) 5 NWLR (Pt.1400) 287

ACTIONS - Jurisdiction - CA rightly held that trial court had jurisdiction - To determine respondent's case bordering on - Appellant's refusal to release her academic result (H2) University of Ilorin v.

Adesina (2014) 6 KLR (pt. 350) 2595; (2014) 10 NWLR (Pt.1414) 759

ACTIONS - Jurisdiction - Challenge - Determination - Basis - Where in the instant case plaintiff commenced action by originating summons - Preliminary objection is to be determined on basis of case presented in the summons - And affidavit in support (H4) A-G Lagos State v. A-G Federation (2014) 4 KLR (pt. 345) 1519; (2014) 9 NWLR (Pt.1412) 217

ACTIONS - Jurisdiction - Determination - Form in which plaintiff's claim was couched should not be overriding consideration - But crux of the claim ensures just resolution of the issue in dispute (H7) A-G Lagos State v. A-G Federation (2014) 4 KLR (pt. 345) 1519; (2014) 9 NWLR (Pt.1412) 217

ACTIONS - Jurisdiction - Fundamentality of - Absence of jurisdiction robs court of power to adjudicate on a case - And exercise arising from such will be in futility (H11) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

ACTIONS - Land law - Recovery of land - Limitation - By Limitation Law of Oyo State s. 6(2) - Suits to recover land cannot be brought after twelve years - From the date on which right of action accrued (H7) Adejumo v. Olawaiye (2014) 7 KLR (pt. 352) 2869; (2014) 12 NWLR (Pt.1421) 252

ACTIONS - Land law - Title - Possession - CA rightly stated that judgment in the 1957 suit did not confer title on appellants - Hence the suit cannot sustain plea of res judicata - Or be relied upon as evidence of acts of possession (H15) Onovo v. Mba (2014) 6 KLR (pt. 351) 2761; (2014) 14 NWLR (Pt.1427) 397

ACTIONS - Land law - Trespass - Right of action - Appellant being in exclusive possession can maintain action in trespass - Against any trespasser who cannot claim possession by mere entry (H8) Mbanefo v. Agbu (2014) 1 KLR (pt. 340) 325; (2014) 6 NWLR (Pt.1403) 238

ACTIONS - Legal practitioners - Appearance - Presumption of competence - When counsel announces appearance whether or not as holding brief - He is presumed to have full briefing and authority to do the case (H4) Mfa v. Inongha (2014) 1 KLR (pt. 339) 155; (2014) 4 NWLR (Pt.1397) 343

ACTIONS - Legal practitioners - Case - Conduct of - When counsel is briefed and he accepts - He has authority to decide how to conduct the case - And the client is bound by his conduct of the case (H8) Ngere v. Okuruket `XIV' (2014) 7 KLR (pt. 352) 3091; (2014) 11

NWLR (Pt.1417) 147

ACTIONS - Legal practitioners - Non appearance - Contempt of court - Continuous absence of counsel in a case he is handling - Amounts to obstruction of cause of justice - And therefore contempt of court (H5) Mfa v. Inongha (2014) 1 KLR (pt. 339) 155; (2014) 4 NWLR (Pt.1397) 343

ACTIONS - Libel - Defamation - Ingredients - For statement to constitute an action in libel - It must be false and defamatory of plaintiff - As it is not every statement which causes damages - That gives rise to a cause of action (H2) Ekong v. Otop (2014) 6 KLR (pt. 350) 2485; (2014) 11 NWLR (Pt.1419) 549

ACTIONS - Libel - Defamation - Proof - Plaintiff must prove that defendant published in permanent form - A statement that refers to plaintiff - Which conveys defamatory meaning to people (H3) Ekong v. Otop (2014) 6 KLR (pt. 350) 2485; (2014) 11 NWLR (Pt.1419) 549

ACTIONS - Libel - Defamatory words - Particularization of - Plaintiff must set out in his statement of claim - Exact words which he alleges to be defamatory of him - To enable court determine if there is ground of action (H4) Ekong v. Otop (2014) 6 KLR (pt. 350) 2485; (2014) 11 NWLR (Pt.1419) 549

ACTIONS - Limitation - Recovery of land - By Limitation Law of Oyo State s. 6(2) - Suits to recover land cannot be brought after twelve years - From the date on which right of action accrued (H7) Adejumo v. Olawaiye (2014) 7 KLR (pt. 352) 2869; (2014) 12 NWLR (Pt.1421) 252

ACTIONS - Limitation of - Fraud - Statute of limitation - Does not apply in cases of concealed fraud - So long as the party defrauded remains ignorant of the fraud - Without any fault of his (H10) Mulima v. Usman (2014) 12 KLR (pt. 355) 3889; (2014) 16 NWLR (Pt.1432) 160

ACTIONS - Locus standi - Absence of - Objection - On lack of required locus standi - Ought to have been raised in statement of defence - And may then be taken by court when properly moved to do so (H4) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Locus standi - Affidavit evidence - Determination - Trial court rightly considered the evidence with annexures - Along with statement of claim - To be satisfied that no sufficient interest was disclosed by plaintiffs to entitle them to locus standi (H5) Bakare v. Ajose-

Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Locus standi - Basis - If statement of claim discloses no personal sufficient interest in subject matter of case - Plaintiff will have no locus to institute action - And court will have no jurisdiction to entertain same (H2) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Locus standi - Determination - To determine whether or not plaintiff has locus standi - Court should consider his statement of claim (H3) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Locus standi - Meaning of - Is the legal capacity of plaintiff to institute action in court - In exercise of plaintiff's constitutional right (H1) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Locus standi - Objection - Application - Proper way by which plaintiff ought to have objected - To defendants' application on lack of locus - Was that it was being brought by way of demurrer - Not having filed statement of defence and raised the point in it (H6) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Master & Servant - Contract - Legal personality - Appellant's claim is inconceivable - As 1^st respondent is not expected to bear legal burden - Ascribable only to a different legal personality (H11) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420) 96

ACTIONS - Necessary party - Non joinder of such party in a suit - Is an irregularity that does not affect jurisdiction of court - To adjudicate on the matter before it (H8) Azuh v. UBN Plc. (2014) 5 KLR (pt. 346) 1753; (2014) 11 NWLR (Pt.1419) 580

ACTIONS - Orders of court - Non party - Order made against a person who was not party to action in court - Though not a nullity but is to no avail - As it cannot stand test of time - And is not binding (H9) Azuh v. UBN Plc. (2014) 5 KLR (pt. 346) 1753; (2014) 11 NWLR (Pt.1419) 580

ACTIONS - Parties - Joinder of - A person is made party to an action - If the action cannot be effectually and completely settled unless he is a party (H2) Enterprise Bank Ltd. v. Aroso (2014) 9-11 KLR (pt. 353) 3355; (2014) 3 NWLR (Pt.1394) 256

ACTIONS - Parties - Necessary party - Joinder of - Necessity - Such party should not be shut out - As judgment made with an order against person who was not party to a suit - Is to no avail and cannot stand (H3) Azubuike v. PDP (2014) 2 KLR (pt. 341) 487; (2014) 7 NWLR (Pt.1406) 292

ACTIONS - Party - Necessary party - Is one who being closely connected to law suit - Should be included in the case if feasible - But whose absence will not require dismissal of proceedings (H1) Azubuike v. PDP (2014) 2 KLR (pt. 341) 487; (2014) 7 NWLR (Pt.1406) 292

ACTIONS - Pleadings - Binding nature - Parties are bound by their pleadings - And no party is allowed to set up a case different from his pleadings - Otherwise such new case must be discountenanced (H4) Apena v. Aileru (2014) 7 KLR (pt. 352) 2905; (2014) 14 NWLR (Pt.1426) 111

ACTIONS - Pleadings - Estoppel - Defence of - Where pleadings are necessary - Estoppel should be set up with sufficient particulars - To show plaintiff the basis on which he is estopped from re-litigating (H2) Gbemisola v. Bolarinwa (2014) 3 KLR (pt. 343) 1129; (2014) 9 NWLR (Pt.1411) 1

ACTIONS - Pleadings - Purpose of - Is to give notice to the other party of the case he is to meet - And each party is to clearly present his case - In order to prevent any party from being taken by surprise (H1) Aminu v. Hassan (2014) 1 KLR (pt. 340) 249; (2014) 5 NWLR (Pt.1400) 287

ACTIONS - Pleadings - Purpose of - It affords opponent opportunity of knowing the case to meet at trial - And all facts relied upon by party before court - Must be pleaded in numbered paragraphs (H4) Okoye v. Nwankwo (2014) 6 KLR (pt. 351) 2717; (2014) 15 NWLR (Pt.1429) 93

ACTIONS - Pleadings - Purpose of - It is to give the other side at the earliest opportunity - The case he is to meet - As there is no better notice of case a party intends to make - Than his pleadings (H2) Apena v. Aileru (2014) 7 KLR (pt. 352) 2905; (2014) 14 NWLR (Pt.1426) 111

ACTIONS - Pleadings - Purpose of - Pleadings give each party opportunity to prepare for his evidence and arguments on issues raised - And this prevents either side from being taken by surprise (H7) Mbanefo v. Molokwu (2014) 2 KLR (pt. 341) 579; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Proof - Burden of - Determination - Burden of proof

arises where there are issues in dispute between parties - And to discover where the burden lies - Court must consider the pleadings (H1) Okoye v. Nwankwo (2014) 6 KLR (pt. 351) 2717; (2014) 15 NWLR (Pt.1429) 93

ACTIONS - Proof - Burden of - Lies on party who alleges the existence of any fact - And/or on a person who would fail - If no evidence at all were given on either side (H6) Apena v. Aileru (2014) 7 KLR (pt. 352) 2905; (2014) 14 NWLR (Pt.1426) 111

ACTIONS - Proof - Onus - Misapprehension of - Where there is misapprehension as to onus of proof - And a misdirection casting such onus on wrong party - There is likelihood of miscarriage of justice (H8) Okoye v. Nwankwo (2014) 6 KLR (pt. 351) 2717; (2014) 15 NWLR (Pt.1429) 93

ACTIONS - Proof - Standard of - A party who desires to have judgment in his favour - Must establish his case on preponderance of evidence - By leading credible and admissible evidence (H1) Onovo v. Mba (2014) 6 KLR (pt. 351) 2761; (2014) 14 NWLR (Pt.1427) 397

ACTIONS - Proof - Standard of - Civil cases are based on balance of probabilities - And onus rests on party who asserts the affirmative - Except in peculiar instances (H3) Okoye v. Nwankwo (2014) 6 KLR (pt. 351) 2717; (2014) 15 NWLR (Pt.1429) 93

ACTIONS - Proof - Standard of - Civil suits are decided on balance of probabilities - Whereby the totality of evidence of both sides is taken into account and appraised - In determining each side's quantum (H3) Uwah v. Akpabio (2014) 2 KLR (pt. 341) 707; (2014) 7 NWLR (Pt.1407) 472

ACTIONS - Reliefs - Supreme Court - Consequential order - Grant - Basis - It will be wrong to order payment of specific money to appellants - In absence of evidence in support - As such order is not given for unproven relief (H7) Eze v. Gov. of Abia State (2014) 7 KLR (pt. 352) 2935; (2014) 14 NWLR (Pt.1426) 192

ACTIONS - Res judicata - Principle of - It states that final judgment of court on merits is conclusive - As to rights of parties and their privies - And constitutes bar to a subsequent action involving same claim or cause of action (H6) Aminu v. Hassan (2014) 1 KLR (pt. 340) 249; (2014) 5 NWLR (Pt.1400) 287

ACTIONS - Statute barred - Determination - To consider an action caught by statute of limitation - It is vital to determine the cause of action - When the same arose - And when it became statute barred

(H1) A-G Adamawa State v. A-G Federation (2014) 6 KLR (pt. 349) 2303; (2014) 14 NWLR (Pt.1428) 515

ACTIONS - Statute barred - Determination - To consider whether enforcement of legal right is statute barred - Court should confine itself to averments in the writ of summons and statement of claim (H9) Mulima v. Usman (2014) 12 KLR (pt. 355) 3889; (2014) 16 NWLR (Pt.1432) 160

ACTIONS - Statute barred - Effect on jurisdiction - As the cause of action in the matter expired after 6 years of its accrual - The action is statute barred - Hence jurisdiction of SC is ousted by Limitation Act s. 7(1)(e) (H6) A-G Adamawa State v. A-G Federation (2014) 6 KLR (pt. 349) 2303; (2014) 14 NWLR (Pt.1428) 515

ACTIONS - Statute barred - Materials to consider - To determine such action - Court looks at writ of summons and statement of claim - And compares date of cause of action - With date on which writ was filed (H2) A-G Adamawa State v. A-G Federation (2014) 6 KLR (pt. 349) 2303; (2014) 14 NWLR (Pt.1428) 515

ACTIONS - Statute barred - Meaning - It connotes that plaintiff who had a cause of action - Loses right to enforce same - As time laid down by limitation law for instituting such action has elapsed (H4) A-G Adamawa State v. A-G Federation (2014) 6 KLR (pt. 349) 2303; (2014) 14 NWLR (Pt.1428) 515

ACTIONS - Success of - Basis - Claim of plaintiff as well as defence of defendant - Are won and lost on pleadings - And on evidence led in support thereof (H1) Apena v. Aileru (2014) 7 KLR (pt. 352) 2905; (2014) 14 NWLR (Pt.1426) 111

ACTIONS - Title - Revocation - Notice - 1^st & 2^nd respondent ought to have been notified - Thus making them aware that their right had been tampered with - And a cause of action would have arisen (H11) Mulima v. Usman (2014) 12 KLR (pt. 355) 3889; (2014) 16 NWLR (Pt.1432) 160

ACTIONS - Town union - Influence - Appellant being not in good standing with his general Onitsha Community - Cannot restrict his suit to Agbalanze - And is not welcomed to associate with the group - Which is part of Onitsha community (H1) Mbanefo v. Molokwu (2014) 2 KLR (pt. 341) 579; (2014) 6 NWLR (Pt.1403) 320

ACTIONS - Undefended suit - Transfer to general list - For action to be so transferred - Defendant must establish defence on merit - Disclosing such triable issue that entitles him to leave to defend (H2) Obitude v. Onyesom Community Bank Ltd. (2014) 4 KLR (pt. 344)

13; (2014) 9 NWLR (Pt.1412) 352

ACTIONS - Undefended suits - Defence - Absence of - Where court finds that defendant has no defence to suit in undefended list - It should enter judgment for plaintiff for the sum of money claimed (H6) Obitude v. Onyesom Community Bank Ltd. (2014) 4 KLR (pt. 344) 13; (2014) 9 NWLR (Pt.1412) 352

ACTIONS - Undefended suits - Summary judgment - Principle - The purpose is that defendant with no real defence to a suit - Should not be allowed to frustrate plaintiff out of judgment (H3) Obitude v. Onyesom Community Bank Ltd. (2014) 4 KLR (pt. 344) 13; (2014) 9 NWLR (Pt.1412) 352

ADJOURNMENTS - Application - Denial of - Court rightly exercised its discretion in interest of justice by rejecting counsel's application - As there was no valid ground to grant the adjournment (H3) Mfa v. Inongha (2014) 1 KLR (pt. 339) 155; (2014) 4 NWLR (Pt.1397) 343

ADMINISTRATION OF ESTATES - Inheritance - Right of women - Female child is entitled to inherit from her late father's estate - Hence Igbo customary law which disentitles such a child - Is in breach of 1999 Constitution s. 42(1)(2) (H10) Ukeje v. Ukeje (2014) 4 KLR (pt. 345) 1627; (2014) 11 NWLR (Pt.1418) 384

ADMINISTRATIVE LAW - Chieftaincy matters - Registered declaration - Enactment of - It is duty of executive arm of a State - And where valid - It is deemed to be the customary law regulating selection to throne (H4) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

ADMINISTRATIVE LAW - Criminal procedure - Institution - Powers of AG Federation - Charges filed against appellant were in compliance with AG's powers under the Constitution s. 174(3) - To carry out public prosecution in the interest of justice (H5) Abacha v. FRN (2014) 1 KLR (pt. 339) 13; (2014) 6 NWLR (Pt.1402) 43

ADMINISTRATIVE LAW - Documents - Proof - Birth certificate - Regularity of - Once properly executed by authorized government official - It is conclusive proof that person named therein was born on the date stated - And that the parents are those spelt out (H2) Ukeje v. Ukeje (2014) 4 KLR (pt. 345) 1627; (2014) 11 NWLR (Pt.1418) 384

ADMINISTRATIVE LAW - Elections - List of candidates - Publication of - Status - Publication of such list for election by INEC - Does not confer or take away validity from a duly nominated or substituted

candidate (H5) Gwede v. INEC (2014) 9-11 KLR (pt. 353) 3389; (2014) 18 NWLR (Pt.1438) 56

ADMINISTRATIVE LAW - Elections - Results - Announcement - Duty of - The returning officer for Dala Federal Constituency - Has duty to announce the result - And not the resident electoral commissioner for Kano State (H2) Salik v. Idris (2014) 5 KLR (pt. 348) 2095; (2014) 15 NWLR (Pt.1429) 36

ADMINISTRATIVE LAW - Government - Elected officials - Impeachment of - Rules of due process must be strictly followed - And the procedure for removal must be jealously guarded by the courts (H11) Danladi v. Dangiri (2014) 9-11 KLR (pt. 353) 3295; (2015) 2 NWLR (Pt.1442) 124

ADMINISTRATIVE LAW - Justice - The haste with which the investigation was conducted - And the presentation of edited report upon which appellant was removed - Are travesty of justice (H10) Danladi v. Dangiri (2014) 9-11 KLR (pt. 353) 3295; (2015) 2 NWLR (Pt.1442) 124

ADMINISTRATIVE LAW - L.G. Council - Continuous existence - It is duty bound on Governor by 1999 Constitution s. 7(1) - To ensure that L.G. system continues unhindered (H2) Eze v. Gov. of Abia State (2014) 7 KLR (pt. 352) 2935; (2014) 14 NWLR (Pt.1426) 192

ADMINISTRATIVE LAW - L.G. Council - Removal of officials - Basis - Elected officials for fixed term can only be removed - If found to be in breach of official rules - Otherwise they shall be paid their entitlement (H5) Eze v. Gov. of Abia State (2014) 7 KLR (pt. 352) 2935; (2014) 14 NWLR (Pt.1426) 192

ADMINISTRATIVE LAW - L.G. Council - Removal of officials - CA rightly found that 1^st respondent - Wrongfully removed elected chairmen and councillors - And replaced them with unelected officials (H1) Eze v. Gov. of Abia State (2014) 7 KLR (pt. 352) 2935; (2014) 14 NWLR (Pt.1426) 192

ADMINISTRATIVE LAW - Mandamus - Conditions - Court must be satisfied that there is public duty to be performed - And that the officer concerned has refused on demand to perform the duty (H2) Ikechukwu v. Nwoye (2014) 12 KLR (pt. 355) 3845; (2014) 4 NWLR (Pt.1397) 227

ADMINISTRATIVE LAW - Political party - Notice of convention - INEC is to be given at least 21 days notice of party's congress - To elect officials or nominate candidates for election - And the commission may with or without notice - Attend and monitor such congress (H3)

Ardo v. Nyako (2014) 5 KLR (pt. 346) 1721; (2014) 10 NWLR (Pt.1416) 591

ADMINISTRATIVE LAW - Public officer - Dismissal - Authority - Under Decree 17 of 1984 - Military governor may direct the removal of public officer - Or may delegate someone to do so (H6) Utomudo v. Military Gov. of Bendel State (2014) 5 KLR (pt. 348) 2223; (2014) 11 NWLR (Pt.1417) 97

ADMINISTRATIVE LAW - Public officer - Dismissal of appellant - Can be proved by oral evidence - As it is not every instruction by military governor to his subordinates - That must be in writing to render evidence on it acceptable (H5) Utomudo v. Military Gov. of Bendel State (2014) 5 KLR (pt. 348) 2223; (2014) 11 NWLR (Pt.1417) 97

ADMINISTRATIVE LAW - Statutes - Performance of duty - Adherence - Where statute provides for act to be done in a particular way - Failure to adhere as provided - Will be interpreted as not complying with statutory provision (H9) Corporate Ideal Insurance Ltd. v. Ajaokuta Steel Co. Ltd. (2014) 2 KLR (pt. 341) 519; (2014) 7 NWLR (Pt.1405) 165

ADMINISTRATIVE LAW - University - Powers of visitor - Delegation of - The visitor does not need to act personally - But can do so through his appointees - Or those made on his behalf (H4) Unilorin v. Akinola (2014) 7 KLR (pt. 352) 313; (2014) 12 NWLR (Pt.1422) 435

ADMINISTRATIVE LAW - University - Powers of visitor - Finality of - Resolution of the committee on behalf the visitor - That respondent be placed back in good standing is final - And should be complied with (H5) Unilorin v. Akinola (2014) 7 KLR (pt. 352) 313; (2014) 12 NWLR (Pt.1422) 435

ADMINISTRATIVE LAW - University - Powers of visitor - Include appointing others to act on his behalf - Dealing with any affairs of the institution - And overruling decision of its council and senate (H3) Unilorin v. Akinola (2014) 7 KLR (pt. 352) 313; (2014) 12 NWLR (Pt.1422) 435

ADMINISTRATIVE LAW - University degree - Award of - Appellant provides requirements that must be satisfied - Before any student can be considered to be worthy - For award of its degree (H1) University of Ilorin v. Adesina (2014) 6 KLR (pt. 350) 2595; (2014) 10 NWLR (Pt.1414) 759

ADMINISTRATIVE LAW - Words & phrases - Public officer - Meaning of - The expression has been defined to include - Any person who holds or has held office in public service of a State - Which

includes serving or retired officers (H4) Utomudo v. Military Gov. of Bendel State (2014) 5 KLR (pt. 348) 2223; (2014) 11 NWLR (Pt.1417) 97

AFFIDAVITS - Actions - Affidavit evidence - Determination - Trial court rightly considered the evidence with annexures - Along with statement of claim - To be satisfied that no sufficient interest was disclosed by plaintiffs to entitle them to locus standi (H5) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

AFFIDAVITS - Appeals - Enlargement of time - Application for - Fair hearing - In considering the application - Court must also consider any counter affidavit of respondent before arriving at a decision - As failure to so do is clear denial of fair hearing to respondent (H3) CITEC Intn'l Estate Ltd. v. Francis (2014) 2 KLR (pt. 342) 907; (2014) 8 NWLR (Pt.1408) 139

AFFIDAVITS - Appeals - Extension of time - Application - Grant - Reasons - Supporting affidavit must show good and substantial reasons for failure to appeal within time - And grounds must show good cause why appeal should be heard (H6) Ngere v. Okuruket `XIV' (2014) 7 KLR (pt. 352) 3091; (2014) 11 NWLR (Pt.1417) 147

AFFIDAVITS - Averment - Not challenged - Averment in affidavit which has not been categorically denied - Is deemed to be admitted by the opponent (H5) Oredola Okeya Trading Co. v. Bank of Credit & Commerce Intn'l (2014) 1 KLR (pt. 339) 211

AFFIDAVITS - Averments - Not based on evidence - In absence of evidence on salaries and allowances - No probative value can be ascribed to the affidavit - And no specific sum can be ordered by SC (H3) Eze v. Gov. of Abia State (2014) 7 KLR (pt. 352) 2935; (2014) 14 NWLR (Pt.1426) 192

AFFIDAVITS - Averments - Not challenged - Fate - Such uncontroverted averments are deemed admitted - And court must act on them as being true (H5) Yardua v. Yandoma (2014) 12 KLR (pt. 354) 3661; (2015) 4 NWLR (Pt.1448) 123

AFFIDAVITS - Bank - Legal entity - Bank - Dissolution - Proof - Applicant ought to aver in his affidavits that AIB has been dissolved - And producing document that has terminated the legal existence of the bank (H7) Oredola Okeya Trading Co. v. Bank of Credit & Commerce Intn'l (2014) 1 KLR (pt. 339) 211

AFFIDAVITS - Courts - Fair hearing - Breach - Resolution of - Based on the undisputed affidavits of appellant - CA ought to have resolved

the issue against respondents - And nullify the proceedings of the panel (H12) Danladi v. Dangiri (2014) 9-11 KLR (pt. 353) 3295; (2015) 2 NWLR (Pt.1442) 124

AFFIDAVITS - Courts - Issue - Resolution - Having found that entire records are not before it - And that originating summons are heard on affidavit - CA ought to have resolved the issue on affidavit (H6) Danladi v. Dangiri (2014) 9-11 KLR (pt. 353) 3295; (2015) 2 NWLR (Pt.1442) 124

AFFIDAVITS - Jurisdiction - Challenge - Determination - Basis - Where in the instant case plaintiff commenced action by originating summons - Preliminary objection is to be determined on basis of case presented in the summons - And affidavit in support (H4) A-G Lagos State v. A-G Federation (2014) 4 KLR (pt. 345) 1519; (2014) 9 NWLR (Pt.1412) 217

AFFIDAVITS - Jurisdiction - Determination of - Basis - It is determined by claim endorsed on writ or stated in statement of claim - And not by facts averred in statement of claim or affidavit evidence to be relied on by plaintiff (H5) Society Bic S.A. v. Charzin Ind. Ltd. (2014) 2 KLR (pt. 341) 665; (2014) 4 NWLR (Pt.1398) 497

AFFIDAVITS - Originating summons - Conflict in - Resolution - Where there is such conflict - Court should order for pleadings - But where vital documents are annexed - Pleadings are not needed (H13) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

AFFIDAVITS - Supreme Court - Judgment - Setting aside - Validity - Justice demands that the order made on 28/9/11 be set aside - Since panel of the Justices were not aware of counter affidavit of respondent (H4) CITEC Intn'l Estate Ltd. v. Francis (2014) 2 KLR (pt. 342) 907; (2014) 8 NWLR (Pt.1408) 139

AGENCY - Contracts - Disclosed principal - Liability of - Contract made by agent acting within scope of his authority - Is contract of the principal - And it is principal and not agent that sues or is to be sued upon the contract (H5) Uwah v. Akpabio (2014) 2 KLR (pt. 341) 707; (2014) 7 NWLR (Pt.1407) 472

AGREEMENTS - Terms - Binding nature - Whenever parties enter into agreement in writing - They are bound by its terms - And neither the parties nor court is legally allowed - To read into the agreement terms not agreed upon (H4) Uwah v. Akpabio (2014) 2 KLR (pt. 341) 707; (2014) 7 NWLR (Pt.1407) 472

ALIBI - Co accused - Discharge & acquittal of - Nkebisi v. State -

Freedom given to 7^th accused upon his alibi cannot avail appellant - As both had no common base for their defence (H7) Obidike v. State (2014) 3 KLR (pt. 343) 1211; (2014) 10 NWLR (Pt.1414) 53

ALIBI - Investigation of - Where accused properly raises the defence and gives particulars of his whereabouts - Prosecution must investigate the alibi - To verify its truthfulness or otherwise (H2) Adebayo v. State (2014) 5 KLR (pt. 346) 1659; (2014) 12 NWLR (Pt.1422) 613

ALIBI - Meaning of - Alibi is a defence where accused alleges - That at the time when the offence with which he is charged was committed - He was elsewhere (H1) Mohammed v. State (2014) 5 KLR (pt. 346) 1789; (2014) 12 NWLR (Pt.1421) 387

ALIBI - Meaning of - It means accused saying that he was not at the crime scene - At the time the alleged offence was committed - That he was somewhere else and therefore was not the offender (H1) Adebayo v. State (2014) 5 KLR (pt. 346) 1659; (2014) 12 NWLR (Pt.1422) 613

ALIBI - Particulars of - Though accused has no burden to prove his alibi - But he must give particulars of his whereabouts at the earliest opportunity - To lead prosecution in his investigation (H3) Adebayo v. State (2014) 5 KLR (pt. 346) 1659; (2014) 12 NWLR (Pt.1422) 613

ALIBI - Plea of - Time to raise - Accused must raise the defence timeously during interrogation by police - Stating his whereabouts at the material time of the crime (H2) Mohammed v. State (2014) 5 KLR (pt. 346) 1789; (2014) 12 NWLR (Pt.1421) 387

ALIBI - Supreme Court - Fresh issue of - No ground covers the issue of alibi - And being raised for first time in the court without leave - It is incompetent and should be discountenanced (H8) Obidike v. State (2014) 3 KLR (pt. 343) 1211; (2014) 10 NWLR (Pt.1414) 53

APPEALS - Action - Academic issue - Fate of - Where appeal has no practical value to appellant - Any judgment given in his favour - Will certainly render such appeal merely academic (H6) Ugba v. Suswam (2014) 5 KLR (pt. 348) 2127; (2014) 14 NWLR (Pt.1427) 264

APPEALS - Actions - Cause of action - Concurrent findings - That respondent's cause of action accrued in 1972 - Is supported by evidence in trial court - Hence it is not perverse but a correct finding (H9) Adejumo v. Olawaiye (2014) 7 KLR (pt. 352) 2869; (2014) 12 NWLR (Pt.1421) 252

APPEALS - Actions - Estoppel - Decided issues - Issues once litigated upon should be regarded as forever decided - Except set aside by competent appellate court (H3) Adeyefa v. Bamgboye (2014) 5 KLR (pt. 348) 2049; (2014) 11 NWLR (Pt.1419) 520

APPEALS - Brief - Amendment - Meaning - Amendment in present context - Connotes a correction of errors in the process before court - Or including in it what was not originally there (H5) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Brief - Amendment of - Leave - Whether error is that of counsel or party - There can be no amendment without leave of court first sought and had (H6) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Brief - Drafting - Badly drafted brief should not be struck out - But court should strive to understand the brief - Bearing in mind its duty to do substantial justice to parties (H2) Adejumo v. Olawaiye (2014) 7 KLR (pt. 352) 2869; (2014) 12 NWLR (Pt.1421) 252

APPEALS - Brief - Mistake - Effect - As counsel failed to correct mistake in his brief - Appellants' issues 1, 3 & 4 and grounds 1, 2, 3 & 4 in the amended notice of appeal are incompetent (H9) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Briefs - Reply - Purpose of - It is not meant to repeat or emphasize arguments in appellant's brief - As repetition of argument does not improve its efficacy (H2) Eligwe v. Okpokiri (2014) 12 KLR (pt. 355) 3815; (2015) 2 NWLR (Pt.1443) 348

APPEALS - Concurrent findings - Appellants have not provided basis for SC to interfere with the findings of trial court - Which were considered and endorsed by Court of Appeal (H16) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Concurrent findings - Charge - Proof - Trial court and CA having by overwhelming evidence - Found the charge proved beyond reasonable doubt - Supreme Court will not interfere (H5) Amaremor v. State (2014) 3 KLR (pt. 343) 1037; (2014) 10 NWLR (Pt.1414) 1

APPEALS - Concurrent findings - Correctness of - The findings of courts below were thorough - As the same were based on evaluation of what was before them (H2) Unilorin v. Akinola (2014) 7 KLR (pt. 352) 313; (2014) 12 NWLR (Pt.1422) 435

APPEALS - Concurrent findings - Elections - Votes - Appellants have no case as regards discrepancy in the votes - Hence SC cannot disagree with findings of the lower courts on the issue (H16) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

APPEALS - Concurrent findings - Interference - Justification for - SC can rightly interfere since the finding based on evidence of PW5 is perverse - And was not based on credible evidence (H3) Anekwe v. State (2014) 5 KLR (pt. 346) 1695; (2014) 9 NWLR (Pt.1412) 393

APPEALS - Concurrent findings - Interference - Where appellant fails to show that - Findings of facts he contests do no flow from evidence - His entreaties that the findings be reversed must fail (H6) Olonade v. Sowemimo (2014) 5 KLR (pt. 347) 1963; (2014) 14 NWLR (Pt.1428) 472

APPEALS - Concurrent findings - Presumption of validity - Where such findings arose - Supreme Court would presume that trial court's conclusion - Affirmed by Court of Appeal is correct (H9) Ukeje v. Ukeje (2014) 4 KLR (pt. 345) 1627; (2014) 11 NWLR (Pt.1418) 384

APPEALS - Concurrent findings - Proof beyond reasonable doubt - Prosecution discharged the burden on it from evidence adduced - Which rightly led to conviction of appellant - And SC cannot interfere with same (H7) Alufohai v. State (2014) 12 KLR (pt. 355) 3755; (2015) 3 NWLR (Pt.1445) 172

APPEALS - Concurrent findings - Supreme Court does not interfere with findings of lower court - Save where appellant shows that the same is perverse (H1) Uwah v. Akpabio (2014) 2 KLR (pt. 341) 707; (2014) 7 NWLR (Pt.1407) 472

APPEALS - Concurrent findings - Supreme Court is slow in setting aside such findings - As it allows appeals on the findings on the basis that the same are perverse (H4) Gbemisola v. Bolarinwa (2014) 3 KLR (pt. 343) 1129; (2014) 9 NWLR (Pt.1411) 1

APPEALS - Concurrent findings - That appellant's statement was voluntarily made - Cannot be disturbed in spite of his allegation of denial of fair hearing - Which has been demolished (H9) Adeyemi v. State (2014) 6 KLR (pt. 349) 2271; (2014) 13 NWLR (Pt.1423) 132

APPEALS - Continuation of - Basis - Appeal can survive the person who initiated it - Subject to if such a person had the competence to do so - And the subject matter must itself pass the test of validity (H3)

APC v. INEC (2014) 9-11 KLR (pt. 353) 3203; (2015) 8 NWLR (Pt.1462) 531

APPEALS - Conviction - Correctness of - Having held that there were no material contradiction in prosecution's case - CA rightly affirmed conviction of appellant (H6) Emeka v. State (2014) 6 KLR (pt. 351) 2675; (2014) 6 NWLR (Pt.1403) 320

APPEALS - Counter claim - Validity of - Where loosely framed by counsel to detriment of appellants - CA rightly held that same is unknown to law - And that order made in respect of the claim should be set aside (H8) Aminu v. Hassan (2014) 1 KLR (pt. 340) 249; (2014) 5 NWLR (Pt.1400) 287

APPEALS - Court - Abuse of process - Leave granted 1^st respondent to appeal against decision of FHC - On subject matter that has been dismissed by SC - Is gross abuse of process (H12) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

APPEALS - Court - Discretion - Exercise of - Supreme Court rarely interferes with discretion exercised by lower courts - Save where such exercise was based on extraneous issues - Or was not bona fide (H2) Integration Nig. Ltd. v. Zumafon Nig. Ltd. (2014) 1 KLR (pt. 340) 311; (2014) 4 NWLR (Pt.1398) 479

APPEALS - Court - Discretion - Interference - For appellate court to interfere with exercise of discretion - It must be shown that the discretion was based on wrong principles of law - Or that miscarriage of justice resulted (H15) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

APPEALS - Court - Erroneous finding - CA finding that appellant's ground of appeal and issues therefrom - Which query trial court's non consideration of appellant's defence of marriage are incompetent - Is an error to appellant (H5) Nguma v. A-G Imo State (2014) 2 KLR (pt. 342) 955; (2014) 7 NWLR (Pt.1405) 119

APPEALS - Court - Finding - Decision of CA in this case - Is that facts which led to the judgment appealed against - Constitute issue estoppel as distinct from res judicata - Which robs court of jurisdiction (H4) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

APPEALS - Court - Finding - Failure to challenge - As there is no appeal against finding that Aketula was one of direct sons of Kuje - Respondents are deemed to have accepted the finding as correct (H9) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

APPEALS - Court - Findings - Interference - Appellate court does not disturb findings made by trial court - Unless such findings occasioned miscarriage of justice - Or are perverse (H2) Awodi v. Ajagbe (2014) 12 KLR (pt. 355) 3787; (2015) 3 NWLR (Pt.1447) 578

APPEALS - Court - Findings - Not appealed - Appellant did not appeal against finding made by trial court and affirmed by CA - Hence he is deemed to have accepted same - And cannot be heard on appeal to SC (H7) Adebesin v. State (2014) 4 KLR (pt. 344) 1489; (2014) 9 NWLR (Pt.1413) 609

APPEALS - Court - Issue - Suo motu raising - Court is not permitted to so raise issue without hearing from parties - As such runs counter to the impartial status expected of a Judge (H1) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

APPEALS - Court - Issues - Estoppel - Appellants' contention here - Is based on mere technicality - As estoppel was a live issue presented before the courts for determination (H11) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

APPEALS - Court - Joinder of party - CA rightly interfered with discretion of trial court that refused application for joinder of 1^st respondent - As 1^st respondent disclosed sufficient interest in its application (H5) Azubuike v. PDP (2014) 2 KLR (pt. 341) 487; (2014) 7 NWLR (Pt.1406) 292

APPEALS - Court - Judgment - Criticism - Where trial Judge makes a mistake in his judgment - It is enough for counsel to demonstrate the error for appellate court to correct - Without putting to question the impartiality and integrity of the Judge (H7) Society Bic S.A. v. Charzin Ind. Ltd. (2014) 2 KLR (pt. 341) 665; (2014) 4 NWLR (Pt.1398) 497

APPEALS - Court - Perverse finding - Meaning - Finding is perverse where it runs counter to evidence on record - Or where court considered matters it ought not to have considered - And SC does not hesitate to set aside such finding (H4) Chukwu v. INEC (2014) 2 KLR (pt. 342) 857; (2014) 10 NWLR (Pt.1415) 385

APPEALS - Court of Appeal - Power - Court of Appeal Act s. 16 - CA can exercise its full jurisdiction over the whole proceedings - As if the same has been instituted in the court - As court of first instance (H8) Etsako West L.G. Council v. Christopher (2014) 6 KLR (pt. 351) 2699; (2014) 14 NWLR (Pt.1426) 73

APPEALS - Courts - Discretion - Joinder of party - Grant or refusal of

application for joinder is at discretion of court - Which must be exercised judicially and judiciously - And not to be interfered with on appeal - Unless it was made upon wrong principles (H4) Azubuike v. PDP (2014) 2 KLR (pt. 341) 487; (2014) 7 NWLR (Pt.1406) 292

APPEALS - Courts - Documents - Examination of - Where trial court fails to examine documents - Appellate court can evaluate same - And draw such inferences as it deems fit (H6) Ekong v. Otop (2014) 6 KLR (pt. 350) 2485; (2014) 11 NWLR (Pt.1419) 549

APPEALS - Courts - Evaluation - Failure of - Not delivering a ruling on the admissibility of the letters before relying on same - Is a fatal oversight of trial court - And CA rightly discountenanced them (H6) Wassah v. Kara (2014) 12 KLR (pt. 354) 3631; (2015) 4 NWLR (Pt.1449) 374

APPEALS - Courts - Facts - Consideration - Court has duty to holistically consider all relevant facts presented before it - As revealed on the records of appeal (H5) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

APPEALS - Courts - Finding - Failure to appeal - Where party has not appealed against a finding - He is deemed to have admitted same - And as such cannot be heard to complain on appeal (H1) Awodi v. Ajagbe (2014) 12 KLR (pt. 355) 3787; (2015) 3 NWLR (Pt.1447) 578

APPEALS - Courts - Finding - Neither CA nor SC can interfere with trial court's finding - Since they did not watch demeanor of the witnesses - During the trial within trial (H3) Ogedengbe v. State (2014) 6 KLR (pt. 350) 2511; (2014) 12 NWLR (Pt.1421) 338

APPEALS - Courts - Findings - Correctness of - Trial court's findings with respect to the disputed land and the one in 1957 suit - Was based on pleadings and evidence before it (H12) Onovo v. Mba (2014) 6 KLR (pt. 351) 2761; (2014) 14 NWLR (Pt.1427) 397

APPEALS - Courts - Findings - Validity - Despite the slight mistake made by CA in re-evaluating the evidence - Decisions of both lower courts are not perverse - As to warrant interference of Supreme Court (H2) Adeyefa v. Bamgboye (2014) 5 KLR (pt. 348) 2049; (2014) 11 NWLR (Pt.1419) 520

APPEALS - Courts - Hierarchy of - CA is an intermediary court between HC and SC - And SC has no jurisdiction to hear appeal direct from HC - Or to make an order bypassing position of CA (H2) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Courts - Judgment - Mistake - Weight - It is not every error of lower court that results in setting aside its decision on appeal - As such error must be substantial - And leads to miscarriage of justice (H4) Saliu v. State (2014) 7 KLR (pt. 352) 311; (2014) 12 NWLR (Pt.1420) 65

APPEALS - Crime - Proof - Failure of - Conviction of appellant is set aside - As it was not properly affirmed by CA - Since prosecution failed to prove its case beyond reasonable doubt (H7) Aikhadueki v. State (2014) 9-11 KLR (pt. 353) 3179; (2014) 15 NWLR (Pt.1431) 530

APPEALS - Crime - Retrial - Court of Appeal - Powers of - The court being a creature of statute - Is empowered by s. 19(2) of its Act - To order acquittal or retrial of appellant - If it allows appeal against conviction (H2) Omosaye v. State (2014) 1 KLR (pt. 339) 185; (2014) 6 NWLR (Pt.1404) 484

APPEALS - Crime - Retrial - Validity of - By the justice of this cases - Lower Court rightly ordered a retrial - Notwithstanding that appellant's trial had been declared a nullity (H3) Omosaye v. State (2014) 1 KLR (pt. 339) 185; (2014) 6 NWLR (Pt.1404) 484

APPEALS - Criminal law - Accident - Defence - Inconsistencies in - Appellant's 3 separate statements reveal inconsistencies which ruled out event of accident - Hence they were rightly rejected by trial court and CA (H1) Amaremor v. State (2014) 3 KLR (pt. 343) 1037; (2014) 10 NWLR (Pt.1414) 1

APPEALS - Criminal procedure - Defence - Leave - Appellant requires no leave to raise on appeal - Any defence he is on the face of record entitled to (H4) Ajayi v. State (2014) 6 KLR (pt. 349) 2343; (2014) 14 NWLR (Pt.1426) 1

APPEALS - Criminal procedure - Fair hearing - Appellant was not denied fair hearing - Since while considering respondent's issue 2 - CA considered appellant's defences in his issues 3, 4 and 5 (H2) Emeka v. State (2014) 6 KLR (pt. 351) 2675; (2014) 6 NWLR (Pt.1403) 320

APPEALS - Date - Jurisdiction - Proceedings of CA on 7/5/2005 in the matter is a nullity - As the court was bereft of jurisdiction in the matter on that day - Two days service interval not having elapsed (H7) Etsako West L.G. Council v. Christopher (2014) 6 KLR (pt. 351) 2699; (2014) 14 NWLR (Pt.1426) 73

APPEALS - Determination - Basis - Appeal is determined upon issues

formulated from grounds - And any ground not having argument proffered on the issue framed - Is deemed abandoned (H8) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Election petitions - Brief - Failure to file within time - The brief having been filed in violation to para. 6 of Practice Directions - Is incompetent and is struck out (H2) PDP v. INEC (2014) 9-11 KLR (pt. 353) 3475; (2014) 6 NWLR (Pt.1403) 320

APPEALS - Election petitions - Court of Appeal - Jurisdiction - By the nature of relief (b) on Exhibit E - CA ought to be put on guard that the subject matter of the appeal - Was not within its jurisdiction (H10) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

APPEALS - Election petitions - Filing - NA election tribunal - 1st and 2nd respondents' petition before the tribunal is in order - Hence CA by 1999 Constitution s. 246 had jurisdiction to hear appeal therefrom (H3) Salik v. Idris (2014) 5 KLR (pt. 348) 2095; (2014) 15 NWLR (Pt.1429) 36

APPEALS - Election petitions - Gubernatorial - Final court - By 1999 Constitution s. 235 - Decision of SC is final in such election matters - And CA is duty bound by s. 287 to give effect to judgments of SC (H7) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

APPEALS - Election petitions - Hearing - 1999 Constitution s. 285(7) - Being of sui generic nature - Election matters must be by the rules - As any act done outside prescribed period - Is a nullity (H1) PDP v. INEC (2014) 9-11 KLR (pt. 353) 3475; (2014) 6 NWLR (Pt.1403) 320

APPEALS - Election petitions - Joinder of party - Interested party may be joined very early or midstream in suit - But 1^st respondent who knew of the concluded petition by SC - Is estopped from initiating fresh appeal in respect of the supplementary governorship election (H14) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

APPEALS - Election petitions - NA elections - Final court - 1999 Constitution s. 246 (1)(b)(i) & (3) - Makes CA the final court in such election petition - SC lacks jurisdiction to entertain appeal therefrom (H4) Salik v. Idris (2014) 5 KLR (pt. 348) 2095; (2014) 15 NWLR (Pt.1429) 36

APPEALS - Elections - Issue - Finding - Correctness of - As appel

lants' grounds 2 & 5 did not challenge the finding of trial court - The observation of CA on the issue is unassailable (H14) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

APPEALS - Elections - Multiple registrations - Concurrent findings - Findings having been made on the issue by lower courts - SC cannot interfere save where the findings are perverse (H10) PDP v. INEC (2014) 9-11 KLR (pt. 353) 3475; (2014) 6 NWLR (Pt.1403) 320

APPEALS - Enlargement of time - Application for - Fair hearing - In considering the application - Court must also consider any counter affidavit of respondent before arriving at a decision - As failure to so do is clear denial of fair hearing to respondent (H3) CITEC Intn'l Estate Ltd. v. Francis (2014) 2 KLR (pt. 342) 907; (2014) 8 NWLR (Pt.1408) 139

APPEALS - Evidence - Evaluation - Ascription of probative value to evidence is duty of trial court - Which watched demeanor of witnesses - Appellate court should not interfere - Except where finding was perverse (H1) Obidike v. State (2014) 3 KLR (pt. 343) 1211; (2014) 10 NWLR (Pt.1414) 53

APPEALS - Evidence - Evaluation - Ascription of probative value to evidence - Remains within the province of trial Judge - Who heard and observed the demeanour of witnesses (H3) Usman v. State (2014) 5 KLR (pt. 348) 2189; (2014) 12 NWLR (Pt.1421) 207

APPEALS - Evidence - Evaluation - Interference - Where trial court unquestionably evaluates evidence - And justifiably appraises facts - Appellate court should not substitute its views for that of trial court (H4) Olonade v. Sowemimo (2014) 5 KLR (pt. 347) 1963; (2014) 14 NWLR (Pt.1428) 472

APPEALS - Evidence - Evaluation - Interference - Where trial court unquestionably evaluates evidence and appraises facts - Court of Appeal should not substitute its own views for that of trial court (H11) Onovo v. Mba (2014) 6 KLR (pt. 351) 2761; (2014) 14 NWLR (Pt.1427) 397

APPEALS - Evidence - Evaluation - It is within the powers of trial court to assess credibility of witnesses - And where its evaluation is borne out from evidence on record - Appellate court cannot interfere - Even if it concludes that trial court should have acted differently (H1) Nguma v. A-G Imo State (2014) 2 KLR (pt. 342) 955; (2014) 7 NWLR (Pt.1405) 119

APPEALS - Evidence - Evaluation - Judgment - Delay in delivery - 1999 Constitution s. 294 applies more to judgments of trial courts -

And not to appellate courts - Which can rarely be said to have lost touch of printed records - Placed before them (H3) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

APPEALS - Evidence - Evaluation - Trial court enjoys the opportunity of watching demeanour of witnesses - And findings based on credibility of witnesses - Cannot be disturbed on appeal unless it is perverse (H6) Adebesin v. State (2014) 4 KLR (pt. 345) 1489; (2014) 9 NWLR (Pt.1413) 609

APPEALS - Evidence - Evaluation - Where assessment of credibility of witnesses is not involved - Appellate court can make evaluations which are of law - And on the basis of pleadings of parties and evidence (H1) Anyafulu v. Meka (2014) 2 KLR (pt. 342) 763; (2014) 7 NWLR (Pt.1406) 396

APPEALS - Evidence - Evaluation - Where trial court unquestionably evaluates evidence - CA cannot interfere once there is sufficient evidence on record - From which trial court arrived at its findings of facts (H1) Gbileve v. Addingi (2014) 1 KLR (pt. 340) 281; (2014) 16 NWLR (Pt.1433) 394

APPEALS - Evidence - Re evaluation - Where trial court failed to properly evaluate evidence - Appellate court is competent to re evaluate - In order to obviate miscarriage of justice (H2) Nguma v. A-G Imo State (2014) 2 KLR (pt. 342) 955; (2014) 7 NWLR (Pt.1405) 119

APPEALS - Evidence - Wrongful admission - Judgment would not be reversed - On account of trial court accepting inadmissible evidence - When that evidence did not occasion miscarriage of justice (H6) Adeyemi v. State (2014) 6 KLR (pt. 349) 2271; (2014) 13 NWLR (Pt.1423) 132

APPEALS - Extension of time - Application - Determination of - Duty of appellate court is limited to ensuring that grounds are arguable - And not deciding the merit of the grounds (H5) Anachebe v. Ijeoma (2014) 6 KLR (pt. 349) 2363; (2014) 14 NWLR (Pt.1426) 168

APPEALS - Extension of time - Application - Final judgment - The appeal being predicated on final judgment of the HC - Need for trinity prayers did not arise - As only an extension of time is required (H10) Anachebe v. Ijeoma (2014) 6 KLR (pt. 349) 2363; (2014) 14 NWLR (Pt.1426) 168

APPEALS - Extension of time - Application - Grant - Reasons - Supporting affidavit must show good and substantial reasons for failure

to appeal within time - And grounds must show good cause why appeal should be heard (H6) Ngere v. Okuruket `XIV' (2014) 7 KLR (pt. 352) 3091; (2014) 11 NWLR (Pt.1417) 147

APPEALS - Extension of time - Application - Jurisdiction - Where proposed grounds raise issues of jurisdiction - Same ought to be granted - Because jurisdiction is life wire of any adjudication (H4) Anachebe v. Ijeoma (2014) 6 KLR (pt. 349) 2363; (2014) 14 NWLR (Pt.1426) 168

APPEALS - Extension of time - Application - Reasons for - For the application to succeed - Applicant must adduce good and substantial reasons for delay - And good cause why the appeal should be heard (H1) Anachebe v. Ijeoma (2014) 6 KLR (pt. 349) 2363; (2014) 14 NWLR (Pt.1426) 168

APPEALS - Extension of time - Trinity prayers - Usage - The prayers must contain necessary reliefs - For the application to be competent - And it must relate to situations where leave is required - And time within which to appeal had also expired (H7) Anachebe v. Ijeoma (2014) 6 KLR (pt. 349) 2363; (2014) 14 NWLR (Pt.1426) 168

APPEALS - Fair hearing - Leave - Salu v. Egeibon - Ratio in the case is not to the effect that - Where appellant is out of time to appeal on fair hearing matters - He should not obtain leave (H6) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

APPEALS - Filing - Grounds - Basis - Party should not appeal merely on ground of delay in delivery of judgment - But should fight appeal on grounds - Which can render judgment unsustainable (H2) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

APPEALS - Filing - Interested party - Leave - Where application is made outside time prescribed for appealing - The person must first apply for leave to appeal as one having interest in the case - Before he makes the trinity prayers (H2) Chukwu v. INEC (2014) 2 KLR (pt. 342) 857; (2014) 10 NWLR (Pt.1415) 385

APPEALS - Filing - Leave - Interested person - Condition - Only person whose interest has been directly and not obliquely affected by decision - That can validly seek leave to appeal as interested party against the decision (H3) Chukwu v. INEC (2014) 2 KLR (pt. 342) 857; (2014) 10 NWLR (Pt.1415) 385

APPEALS - Filing - Leave - Where leave is necessary before appeal is validly filed - It ought to be applied for and obtained - And notice of appeal filed within statutory period (H8) Anachebe v. Ijeoma (2014)

6 KLR (pt. 349) 2363; (2014) 14 NWLR (Pt.1426) 168

APPEALS - Filing - Legal capacity - CPC lacked the capacity to file the appeal - As it has ceased to exist as a political party - From 31^st July 2013; (2014) 6 NWLR (Pt.1402) 43 when it metamorphosed into APC (H2) APC v. INEC (2014) 9-11 KLR (pt. 353) 3203; (2015) 8 NWLR (Pt.1462) 531

APPEALS - Filing - Time - Notice of appeal shall be given within 3 months of date of final decision - And an application for leave must be within 3 months - And if out of time appellant needs to apply for extension of time within which to apply for leave (H1) Chukwu v. INEC (2014) 2 KLR (pt. 342) 857; (2014) 10 NWLR (Pt.1415) 385

APPEALS - Filing - Time limit - CA Act 1976 s. 25(2)(a) - For appeal in civil matter - 14 days is required for appeal against interlocutory decision - And 3 months where appeal is against final decision (H9) Anachebe v. Ijeoma (2014) 6 KLR (pt. 349) 2363; (2014) 14 NWLR (Pt.1426) 168

APPEALS - Filing of - Time limit - Appellants had 3 months to appeal from CA judgment delivered on 7/8/94 - But since unable to appeal within time - SC Rules O. 2 r. 31 provides for enlargement of time (H3) Ngere v. Okuruket `XIV' (2014) 7 KLR (pt. 352) 3091; (2014) 11 NWLR (Pt.1417) 147

APPEALS - Fresh issue - Leave - It is against the law to raise for the first time such issue - Without first seeking and obtaining leave of the appellate court (H1) Gwede v. INEC (2014) 9-11 KLR (pt. 353) 3389; (2014) 18 NWLR (Pt.1438) 56

APPEALS - Fresh issue - Leave - Party wishing to raise fresh issue before appellate court - Must first obtain leave - Otherwise such issue is incompetent and liable to be struck out (H2) Usman v. State (2014) 5 KLR (pt. 348) 2189; (2014) 12 NWLR (Pt.1421) 207

APPEALS - General damages - Award - Interference - Appellate court does not interfere - Save it is satisfied that trial court had acted upon wrong principle - Or that amount awarded was so large or so small (H2) UBN Plc. v. Chimaeze (2014) 4 KLR (pt. 344) 1457; (2014) 9 NWLR (Pt.1411) 166

APPEALS - General damages - Award - Interference - Justification - CA rightly interfered as damages awarded in the claim is aggravated - Not only for inconvenience caused respondent - But for loss incurred following wrongful dishonour of his cheque (H3) UBN Plc. v. Chimaeze (2014) 4 KLR (pt. 344) 1457; (2014) 9 NWLR (Pt.1411) 166

APPEALS - Grounds - Basis - Grounds must relate to judgment of court appealed from - And any complaint that does not flow from the decision - Cannot be legitimately entertained (H1) Olonade v. Sowemimo (2014) 5 KLR (pt. 347) 1963; (2014) 14 NWLR (Pt.1428) 472

APPEALS - Grounds - Basis - It must relate to the judgment appealed against - Otherwise the ground should be struck out (H2) Wassah v. Kara (2014) 12 KLR (pt. 354) 3631; (2015) 4 NWLR (Pt.1449) 374

APPEALS - Grounds - Basis - Must arise from decision appealed against - As complaint must be against ratio of the decision - And issues must arise from and be limited to the grounds (H8) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

APPEALS - Grounds - Competence of - As the issues and grounds relate to CA - With respect to the judgment of trial court - The preliminary objection is without merit and is dismissed (H3) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Grounds - Competence of - As time is of essence - Any ground found to be incompetent - Shall be struck out along with issue distilled from it - Without the need for motion on notice (H3) PDP v. INEC (2014) 9-11 KLR (pt. 353) 3475; (2014) 6 NWLR (Pt.1403) 320

APPEALS - Grounds - Error - Constituting a particular ground of appeal - Is either error of law or error of fact - But never of law and fact (H2) Adebesin v. State (2014) 4 KLR (pt. 345) 1489; (2014) 9 NWLR (Pt.1413) 609

APPEALS - Grounds - Issues - Proliferation - Court frowns at proliferation of issues - As it is proliferation to raise more than one issue from one ground - And to raise six grounds each complaining of breach of fair hearing - All culminating in single issue (H8) Mfa v. Inongha (2014) 1 KLR (pt. 339) 155; (2014) 4 NWLR (Pt.1397) 343

APPEALS - Grounds - Mistake - Correction of - Admission of error is not synonymous with correction of same - And unless corrected by laid down procedures the mistake persists (H4) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Grounds - Mixed law & facts - Leave - In other subject

matter not covered by 1999 Constitution s. 241(1) - Aggrieved party may have to seek for leave of the HC or CA - To appeal (H4) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

APPEALS - Grounds - Obiter dictum - Objection on ground 3 is sustained - As it is clear that the ground challenges obiter dictum of the Court of Appeal (H9) Gwede v. INEC (2014) 9-11 KLR (pt. 353) 3389; (2014) 18 NWLR (Pt.1438) 56

APPEALS - Grounds - Objection - It is not enough for respondent to state - That the grounds are on questions of facts and mixed law and facts - It must go further to show which of them is of facts - Or mixed law and facts (H1) Sheidu v. State (2014) 6 KLR (pt. 349) 2407; (2014) 15 NWLR (Pt.1429) 1

APPEALS - Grounds - Objection - The preliminary objection is misconceived - As the grounds having raised the issue of jurisdiction of court - Is purely of law and competent (H3) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

APPEALS - Grounds - Objection - Whether misdirection is of law or fact or mixed law and fact is only relevant - When objector contends that appellant did not obtain leave - Before filing grounds (H1) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

APPEALS - Grounds - Particulars - Incorporation of - There is compliance with rules of Supreme Court - If particulars of a ground are incorporated in the ground - And not separately set out (H3) Adejumo v. Olawaiye (2014) 7 KLR (pt. 352) 2869; (2014) 12 NWLR (Pt.1421) 252

APPEALS - Grounds - Particulars of - Where particulars of a ground are inconsistent with main complaint in the ground - The particulars must be discountenanced (H1) Egbirika v. State (2014) 1 KLR (pt. 339) 123; (2014) 4 NWLR (Pt.1398) 558

APPEALS - Grounds - Validity - Objection on ground one is untenable - As the ground encapsulates CA's reasons for decision - And it is not an obiter but a decision which is appealable (H3) Sheidu v. State (2014) 6 KLR (pt. 349) 2407; (2014) 15 NWLR (Pt.1429) 1

APPEALS - Grounds - Validity of - The grounds are valid as they alleged misdirection in law - Hence the appeal is not academic - And preliminary objection is overruled (H1) Adegbuyi v. APC (2014) 12 KLR (pt. 355) 3733; (2015) 2 NWLR (Pt.1442) 1

APPEALS - Grounds of appeal - Issues - Proliferation - Number of grounds should not be less than issues - And framing two issues from one ground is wrong (H1) Society Bic S.A. v. Charzin Ind. Ltd. (2014) 2 KLR (pt. 341) 665; (2014) 4 NWLR (Pt.1398) 497

APPEALS - Grounds of appeal - Meaning - It is allegation of error of law or fact made by appellant - As the defect in judgment appealed against - Being relied upon to set the judgment aside (H1) Adebesin v. State (2014) 4 KLR (pt. 345) 1489; (2014) 9 NWLR (Pt.1413) 609

APPEALS - Grounds of law - The ground being on jurisdiction of trial court to hear and determine the matter - Is a ground of law for which leave of court is not required before it is filed (H8) Gwede v. INEC (2014) 9-11 KLR (pt. 353) 3389; (2014) 18 NWLR (Pt.1438) 56

APPEALS - Hearing - Basis for - Supreme Court determines appeal solely on issues - Formulated from grounds of appeal - And does not hear arguments on a ground - From which no issue has been raised (H2) Umar v. State (2014) 6 KLR (pt. 349) 2439; (2014) 13 NWLR (Pt.1425) 497

APPEALS - Hearing - Preliminary objection - Filing - Condition - Respondent with such objection to appeal - Shall give appellant three days prior notice - Setting out grounds of the objection (H8) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

APPEALS - Hearing - Preliminary objection - Non compliance - Where respondent fails to comply with the rule - Court may either refuse to entertain the objection - Or adjourn hearing at the cost of respondent (H9) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

APPEALS - Identification of accused - Failure to prove - That accused was the person who committed the offence - Disentitles trial court from convicting - And appellate court from affirming such erroneous conviction (H1) Ajayi v. State (2014) 6 KLR (pt. 349) 2343; (2014) 14 NWLR (Pt.1426) 1

APPEALS - Interlocutory & main appeals - Merger of - Procedure - Party who desires to merge the two appeals - Has to obtain leave to appeal out of time - Against the interlocutory ruling (H5) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

APPEALS - Interlocutory decision - Leave - Appellants' failure to obtain leave to appeal the decision - Did not only render the appeal incompetent - But also robbed the court of jurisdiction (H5) Jev v.

Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

APPEALS - Issue - Determination - Issue involved in the matter is not jurisdictional - As the main question is whether 4^th respondent should be given leave - To appeal against judgment he derived benefit from (H5) Chukwu v. INEC (2014) 2 KLR (pt. 342) 857; (2014) 10 NWLR (Pt.1415) 385

APPEALS - Issue - Determination of - CA being an intermediate court - Has duty to consider issue of jurisdiction and all others - And it should not restrict itself to one or more issues (H2) Adegbuyi v. APC (2014) 12 KLR (pt. 355) 3733; (2015) 2 NWLR (Pt.1442) 1

APPEALS - Issue - Fair hearing - Breach - Allegation - CA did not raise the issue suo motu in view of evidence in the record - Hence appellants' right to fair hearing was never breached (H2) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

APPEALS - Issue - Fair hearing - Despite the lapses in counsel's brief - SC will not fail to resolve the obvious issue of denial of fair hearing - Otherwise it will amount to a return to era of technical justice (H3) Danladi v. Dangiri (2014) 9-11 KLR (pt. 353) 3295; (2015) 2 NWLR (Pt.1442) 124

APPEALS - Issue - Formulation - Issue must arise from competent ground(s) - And any issue arising from combination of competent and incompetent ground(s) - Is liable to be struck out (H4) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

APPEALS - Issue - Meaning of - It is a question of law or fact or of both - Arising from ground of appeal which when resolved one way or the other - Will affect the result of the appeal (H10) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Issue - Validity of - Where an issue does arise from any of the grounds of appeal - The issue is incompetent and liable to be struck out (H2) Gwede v. INEC (2014) 9-11 KLR (pt. 353) 3389; (2014) 18 NWLR (Pt.1438) 56

APPEALS - Issues - Argument on - Where appellant proffers argument on issue properly distilled - Whether or not the argument is correct - Is left for court to determine (H2) Sheidu v. State (2014) 6 KLR (pt. 349) 2407; (2014) 15 NWLR (Pt.1429) 1

APPEALS - Issues - Binding nature - Court is bound to confine itself to case and issues presented by parties - And it has no business considering issue not properly brought before it (H9) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

APPEALS - Issues - Determination - Once an issue joined by parties is clear - Court in order to do substantial justice - Should not restrict itself to the manner of presentation of counsel's argument (H2) Danladi v. Dangiri (2014) 9-11 KLR (pt. 353) 3295; (2015) 2 NWLR (Pt.1442) 124

APPEALS - Issues - Formulation - Issues are distilled from grounds of appeal - And not from particulars of grounds - And if an issue is not related to any ground - It is liable to be struck out (H1) Umar v. State (2014) 6 KLR (pt. 349) 2439; (2014) 13 NWLR (Pt.1425) 497

APPEALS - Issues - Formulation - Issues are distilled from grounds which challenge judgment appealed - And a brief without issues would be struck out - For being incompetent (H1) Adejumo v. Olawaiye (2014) 7 KLR (pt. 352) 2869; (2014) 12 NWLR (Pt.1421) 252

APPEALS - Issues - Formulation - Outside grounds - Fate - Issue not related or based on grounds of appeal is incompetent and completely valueless - And must be ignored by appellate court (H2) Society Bic S.A. v. Charzin Ind. Ltd. (2014) 2 KLR (pt. 341) 665; (2014) 4 NWLR (Pt.1398) 497

APPEALS - Issues - Formulation by court - Appellate court has discretion to modify or formulate issue(s) - Which in its view would fairly resolve complaints in appeal (H1) Emeka v. State (2014) 6 KLR (pt. 351) 2675; (2014) 6 NWLR (Pt.1403) 320

APPEALS - Issues - Not raised at trial - Fate - Where an issue is not raised and pronounced upon by trial court - The same cannot be validly raised as a ground of appeal before appellate court (H9) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420) 96

APPEALS - Issues - Pleadings - CA did not suo motu make a case of issue estoppel - And proceeded to pronounce on same unilaterally - But issues on that fact has been joined in pleadings of parties (H9) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

APPEALS - Issues - Proliferation of - Effect - Issues so formulated come to naught - Since in determination of appeal - Arguments are based on issues - And not on grounds (H1) Adeyemi v. State (2014) 6 KLR (pt. 349) 2271; (2014) 13 NWLR (Pt.1423) 132

APPEALS - Issues - Proliferation of - Is frowned upon by appellate courts - As an issue may be distilled from more than one ground - But it is improper to formulate more than one issue from a ground (H2) Egbirika v. State (2014) 1 KLR (pt. 339) 123; (2014) 4 NWLR (Pt.1398) 558

APPEALS - Issues - Proliferation of - It is not the number of issues formulated - That determines quality of a brief or success of appeal - As the shorter and precise a brief the better (H14) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

APPEALS - Issues - Proliferation of - Should be avoided - As it is undesirable to formulate an issue - Composed of more than one question for determination (H11) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Issues - Suo motu raising - CA wrongfully raised the issue of irregular nomination of appellant - Without calling for addresses of counsel on the matter - And proceeding to arrive at a decision on same (H6) Gwede v. INEC (2014) 9-11 KLR (pt. 353) 3389; (2014) 18 NWLR (Pt.1438) 56

APPEALS - Issues - Validity - Issues 1, 3 & 4 not shown to relate to any grounds - Are not only incompetent - But completely valueless and ought to be ignored (H7) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Judgment - Correctness of - Having failed to show that CA's decision is perverse - Appellant's appeal cannot be adjudged meritorious - And the same is dismissed (H7) Ajayi v. State (2014) 6 KLR (pt. 349) 2343; (2014) 14 NWLR (Pt.1426) 1

APPEALS - Judgment - Correctness of - Once CA's decision is correct - SC cannot set it aside on the ground that reasons for the decision are wrong - As what matters is the conclusion arrived at (H1) Eligwe v. Okpokiri (2014) 12 KLR (pt. 355) 3815; (2015) 2 NWLR (Pt.1443) 348

APPEALS - Judgment - Error - Effect - Complaint of appellant about error in CA judgment is trivial - And not prejudicial to his substantial right - As it did not affect final outcome of the case (H5) Adebesin v. State (2014) 4 KLR (pt. 345) 1489; (2014) 9 NWLR (Pt.1413) 609

APPEALS - Judgment - Error in - Effect - It is not every error of law committed by trial or appellate court - That justifies reversal of the particular court's judgment on appeal (H2) Olonade v. Sowemimo (2014) 5 KLR (pt. 347) 1963; (2014) 14 NWLR (Pt.1428) 472

APPEALS - Judgment - Errors in - Effect - Not all errors result in setting aside judgment - As it is only those errors that caused miscarriage of justice - That entitle appellant to success in the appeal (H7) Nguma v. A-G Imo State (2014) 2 KLR (pt. 342) 955; (2014) 7 NWLR (Pt.1405) 119

APPEALS - Judgment - Not challenged - Decision on any point of law or fact not appealed against - Is deemed to have been conceded by party against whom it was decided - And it remains valid and binding on all parties (H3) Anyanwu v. Ogunewe (2014) 2 KLR (pt. 342) 791; (2014) 8 NWLR (Pt.1410) 437

APPEALS - Judgment - Not challenged - Decision on any point of law or fact not appealed against - Is deemed to have been conceded by party against whom it was decided - And it remains valid and binding on all parties (H4) APGA v. Anyanwu (2014) 2 KLR (pt. 342) 825; (2014) 7 NWLR (Pt.1407) 541

APPEALS - Judgment - Unchallenged - As appellant did not challenge the crucial findings on the merit of the appeal - The Orders made by Court of Appeal subsist (H7) Ukachukwu v. PDP (2014) 1 KLR (pt. 340) 413; (2014) 6 NWLR (Pt.1402) 43

APPEALS - Judgments - Delivery - Delay in - Effect - Judgment will not be invalidated for non compliance with 1999 Constitution s. 294(1) - Unless appellate court is satisfied that the delay - Occasioned miscarriage of justice (H1) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

APPEALS - Judgments - Delivery - Delay in - Notice of - Failure to inform NJC cannot form a ground of appeal against the judgment - Since the report is not meant to form part of the judgment (H5) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

APPEALS - Judgments - Effect - Judgments take effect upon delivery - And court has power to enforce judgments at once - But can only be interrupted by a stay of execution - Provided there is an appeal (H1) Ngere v. Okuruket `XIV' (2014) 7 KLR (pt. 352) 3091; (2014) 11 NWLR (Pt.1417) 147

APPEALS - Judgments - Error in - Effect - It is not every mistake that results in appeal being allowed - As the slip must be substantial and occasion miscarriage of justice (H4) Adeyemi v. State (2014) 6 KLR (pt. 349) 2271; (2014) 13 NWLR (Pt.1423) 132

APPEALS - Judgments - Mistake - Weight - For a mistake to result in

setting aside judgment - The same must be substantial - In the sense that it affected the decision appealed against (H7) Adegbuyi v. APC (2014) 12 KLR (pt. 355) 3733; (2015) 2 NWLR (Pt.1442) 1

APPEALS - Judgments - Mistake in - Effect - It is not every error in judgment - That results in the decision being set aside by appellate court - As such error must be substantial - And results in miscarriage of justice (H7) Azabada v. State (2014) 6 KLR (pt. 349) 2385; (2014) 12 NWLR (Pt.1420) 40

APPEALS - Judicial precedents - Stare decisis - Departure from - SC previous decision in Nkebisi's case reached on different issues - Cannot be relied on to resolve the single issue in present appeal (H1) Anekwe v. State (2014) 5 KLR (pt. 346) 1695; (2014) 9 NWLR (Pt.1412) 393

APPEALS - Jurisdiction - Actions - Commencement - Wrong name - Where parties are not in doubt as to parties to appeal - Wrongful heading of the appeal does not affect competency of court - To hear same on merit (H5) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

APPEALS - Jurisdiction - Allegations contained in the 123 counts charge against appellant - Cannot be determined by CA or SC - But by the trial court before which proof of evidence had been filed (H6) Abacha v. FRN (2014) 1 KLR (pt. 339) 13; (2014) 6 NWLR (Pt.1402) 43

APPEALS - Jurisdiction - Conferment - Constitution and Rules of the court confer on CA jurisdiction to entertain appeals - Hence CA lacks jurisdiction where there is non compliance with the statutes - Or defect in notice of appeal (H1) Iwunze v. FRN (2014) 2 KLR (pt. 342) 931; (2014) 6 NWLR (Pt.1404) 580

APPEALS - Jurisdiction - Damages - In absence of appeal the trial court's judgment remains inviolate - And SC has no jurisdiction since it handles appeals from CA and not from HC (H8) Enterprise Bank Ltd. v. Aroso (2014) 9-11 KLR (pt. 353) 3355; (2014) 3 NWLR (Pt.1394) 256

APPEALS - Jurisdiction - Extension of time - Application - Even if no good reasons for delay are before court - The application will be granted if a good ground for appeal is on jurisdiction (H7) Ngere v. Okuruket `XIV' (2014) 7 KLR (pt. 352) 3091; (2014) 11 NWLR (Pt.1417) 147

APPEALS - Jurisdiction - Fundamentality of - Jurisdiction can be raised at any time and in any manner even for the first time on appeal -

Because if court lacks jurisdiction - Its proceedings are nullity (H1) Anyanwu v. Ogunewe (2014) 2 KLR (pt. 342) 791; (2014) 8 NWLR (Pt.1410) 437

APPEALS - Jurisdiction - Fundamentality of - Where trial court is bereft of jurisdiction - Appellate court would have no reason to entertain appeal - Since jurisdiction gives authority and competence (H6) Anachebe v. Ijeoma (2014) 6 KLR (pt. 349) 2363; (2014) 14 NWLR (Pt.1426) 168

APPEALS - Land law - Fresh issue - Raised without leave - Appellant not having sought and obtained leave - Cannot be allowed to raise in SC issue of absence of witnesses - Since the same was not raised in the lower courts (H2) Mbanefo v. Agbu (2014) 1 KLR (pt. 340) 325; (2014) 6 NWLR (Pt.1403) 238

APPEALS - Land law - Issue estoppel - Appellants cannot raise same issue - Already determined in a previous suit - As to ownership of the land in issue (H10) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

APPEALS - Land law - Title - Boundaries - Proof - As the parties were able to prove title via ownership and possession - Trial court rightly held that each party should keep part of the land - Proved as belonging to it (H3) Awodi v. Ajagbe (2014) 12 KLR (pt. 355) 3787; (2015) 3 NWLR (Pt.1447) 578

APPEALS - Leave - Right of appeal - Exercise of - Is permissible within limit as provided by law - Otherwise it can only be exercisable by leave of court (H2) Anachebe v. Ijeoma (2014) 6 KLR (pt. 349) 2363; (2014) 14 NWLR (Pt.1426) 168

APPEALS - Legal practitioners - Filing - Failure - Decision of applicants' former counsel not to appeal - But to comply with CA order for retrial - Is within his professional competence - And cannot be taken as mistake of counsel (H9) Ngere v. Okuruket `XIV' (2014) 7 KLR (pt. 352) 3091; (2014) 11 NWLR (Pt.1417) 147

APPEALS - Legal practitioners - Jurisdiction - Provisions relating to discipline in LP Act LFN 2004 - Regulate appeals from directions of LPDC - SC therefore lacks jurisdiction to entertain appeals direct from LPDC (H6) Akintokun v. LPDC (2014) 5 KLR (pt. 347) 1831; (2014) 13 NWLR (Pt.1423) 1

APPEALS - Master & servant - Concurrent findings - Damages - Appellant not having shown perversity in the findings - The assessment of damages was proper and adequate (H8) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420)

96

APPEALS - Murder - Conspiracy - Proof - Appellant in Exhibit C admitted agreeing with DW2 - To commit the murder - Hence lower courts' findings on appellant's guilt - Cannot be faulted (H5) Ogedengbe v. State (2014) 6 KLR (pt. 350) 2511; (2014) 12 NWLR (Pt.1421) 338

APPEALS - Notice of appeal - Mistake in judgment date - Is a mere clerical error and not a fundamental one - That robs CA the jurisdiction to entertain appellant's appeal (H1) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

APPEALS - Notice of appeal - Signing - By CA Rules O. 16 r. 4(1)(5)(6) - Every notice of appeal in criminal appeal must be signed by appellant - Except if appellant is insane or is a company (H3) Iwunze v. FRN (2014) 2 KLR (pt. 342) 931; (2014) 6 NWLR (Pt.1404) 580

APPEALS - Notice of appeal - Signing - Court's discretion - Where court is satisfied that it was impossible for appellant to sign in criminal appeal - Discretion would be exercised in favour of appellant - And appropriate orders made for him to proceed (H4) Iwunze v. FRN (2014) 2 KLR (pt. 342) 931; (2014) 6 NWLR (Pt.1404) 580

APPEALS - Obedience to - Hearing - So long as a party disobeys court order - He would not be granted hearing in any subsequent application - Except where inter alia he goes on appeal (H2) Ngere v. Okuruket `XIV' (2014) 7 KLR (pt. 352) 3091; (2014) 11 NWLR (Pt.1417) 147

APPEALS - Objection - Leave - Magit's case - Respondent who incorporated objection in his brief - Needs leave of court to move the objection before the hearing of substantive appeal (H11) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

APPEALS - Objection - Unchallenged - Facts on which objections were based in CA were not controverted - Being unchallenged evidence - They constitute sufficient proof (H6) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

APPEALS - Objections - Incorporated in brief - Notice of objection can be given in respondent's brief - And respondent need not thereafter give a separate notice (H10) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

APPEALS - Objections - Propriety of - Where preliminary objection

would not be appropriate process to object - A motion on notice filed complaining about a few grounds or defects would suffice (H5) Adejumo v. Olawaiye (2014) 7 KLR (pt. 352) 2869; (2014) 12 NWLR (Pt.1421) 252

APPEALS - Orders of court - Retrial - When not necessary - Retrial should not be made where plaintiff fails to prove his case - And there is no substantial irregularity apparent on the record (H8) Wassah v. Kara (2014) 12 KLR (pt. 354) 3631; (2015) 4 NWLR (Pt.1449) 374

APPEALS - Parties - Issues - Binding nature - Parties are bound by case they made out in their pleadings - Or on the grounds of appeal (H10) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

APPEALS - Party - Consistency - Appellant having contended at trial court that the services - Were part of what they paid for under Ticket Sales Charge - Cannot set up a new case other than that which it presented at trial court (H13) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

APPEALS - Perverse finding - Meaning of - Decision is perverse when court ignores facts or evidence before it - Which lapse when considered as a whole constitutes a miscarriage of justice (H1) UBN Plc. v. Chimaeze (2014) 4 KLR (pt. 344) 1457; (2014) 9 NWLR (Pt.1411) 166

APPEALS - Pleadings - Binding nature - Parties are bound by their pleadings - And a party will not be allowed to set up new case on appeal - Other than that which was ventilated at the trial court (H18) PDP v. INEC (2014) 9-11 KLR (pt. 353) 3475; (2014) 6 NWLR (Pt.1403) 320

APPEALS - Preliminary objection - Determination - The objection must first be considered and resolved once raised - As it could either end proceeding - Or streamline it down by excluding factors which may not be legitimately accommodated (H1) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

APPEALS - Preliminary objection - Determination - Where there is objection against consideration/continuation of a process - The objection should be determined first (H1) APC v. INEC (2014) 9-11 KLR (pt. 353) 3203; (2015) 8 NWLR (Pt.1462) 531

APPEALS - Preliminary objection - Failure to react - Odunze v. Nwosu - Does not imply sustaining the objection without more - As court is not precluded from considering merit and demerit therein (H2) Kakih

v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

APPEALS - Preliminary objection - Filing - By SC Rules O. 2 r. 9(1) respondent relying on the objection - Shall give appellant three clear days notice - Setting out the grounds of objection - And shall file such notice together with ten copies thereof (H4) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

APPEALS - Preliminary objection - Filing - It should only be filed against hearing of appeal - And not against one or more grounds of appeal - Which are not capable of disturbing the hearing of appeal (H4) Adejumo v. Olawaiye (2014) 7 KLR (pt. 352) 2869; (2014) 12 NWLR (Pt.1421) 252

APPEALS - Preliminary objection - Filing - Respondent is enjoined by SC Rules O. 2 r. 9 - To give 3 clear days notice before hearing to appellant - Setting out in clear terms grounds of objection (H1) Wassah v. Kara (2014) 12 KLR (pt. 354) 3631; (2015) 4 NWLR (Pt.1449) 374

APPEALS - Preliminary objection - Notice of - Respondent sufficiently gave notice of the objection in his brief - Which was served on appellants - Hence appellants' complaint is untenable (H15) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

APPEALS - Preliminary objection - Purpose of - It is meant to scuttle appeal in limine - And its success spells end of the appeal - Or so much of it that falls within the ambit of the objection (H1) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Reply brief - Objection - Basis - There ought to have been specific reference to portion of the judgment affirmed by CA - As it is not for SC to substantiate the assertion of appellants' counsel (H15) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Reply brief - Purpose - It is not designed to give appellant a second chance to improve his argument - Or supply omissions in the brief (H12) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

APPEALS - Reply brief - The essence of a reply brief is not for repetition of issues joined - Or improvement of argument in appellant's brief (H1) Danladi v. Dangiri (2014) 9-11 KLR (pt. 353) 3295; (2015) 2 NWLR (Pt.1442) 124

APPEALS - Respondent's briefs - Failure to file - Does not tantamount to automatic allowing of appeal - Especially where the mistake of counsel is glaringly evident (H2) Adeyemi v. State (2014) 6 KLR (pt. 349) 2271; (2014) 13 NWLR (Pt.1423) 132

APPEALS - Right of appeal - By 1999 Constitution ss. 241(1) & 242(2) - Party aggrieved with decision of court - Has a right of appeal - Conferred on him by the Constitution (H3) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

APPEALS - Right of appeal - Election petitions - Estoppel - The appeal is caught by lapse of time under 1999 Constitution s. 285(7) - As 1^st respondent who had challenged the election up to SC - Can no longer re-litigate his case as Preelection matter at CA (H9) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

APPEALS - Right of appeal - Grounds of law - Appeal from final or interlocutory decision of CA to SC is as of right - Where the ground involves question of law alone (H2) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

APPEALS - Right to appeal - Extension of time - Application - Grant of the application is to ensure that justice is done to the parties - As a party should not be denied right to appeal - If he satisfies conditions for appeal (H11) Ngere v. Okuruket `XIV' (2014) 7 KLR (pt. 352) 3091; (2014) 11 NWLR (Pt.1417) 147

APPEALS - Rules - Applicable one - Rules governing practice and procedure is the one in force at the time of trial - Or when application is taken - Which in this case is CA Rules 2007 (H2) Iwunze v. FRN (2014) 2 KLR (pt. 342) 931; (2014) 6 NWLR (Pt.1404) 580

APPEALS - Supreme Court - Extension of time - Application - Filed first in the SC is correct - Since as at 8/10/94 CA no longer had jurisdiction to grant applicant's leave to appeal (H4) Ngere v. Okuruket `XIV' (2014) 7 KLR (pt. 352) 3091; (2014) 11 NWLR (Pt.1417) 147

APPEALS - Supreme Court - Extension of time - Grant of - Could be based on a finding that failure to appeal within time - Was caused by pardonable negligence of counsel (H10) Ngere v. Okuruket `XIV' (2014) 7 KLR (pt. 352) 3091; (2014) 11 NWLR (Pt.1417) 147

APPEALS - Supreme Court - Finality of - By 1999 Constitution s. 235 - SC cannot sit on appeal over its judgment - Although it has inherent powers to set aside same in appropriate cases - But such cannot be converted into appellate jurisdiction (H1) CITEC Intn'l Estate Ltd. v. Francis (2014) 2 KLR (pt. 342) 907; (2014) 8 NWLR

(Pt.1408) 139

APPEALS - Supreme Court - Fresh issue - Ground of law - A party will be granted leave to raise new issue not canvassed at trial court - Where the same involves substantial points of law - Which need to be allowed to prevent miscarriage of justice (H3) Corporate Ideal Insurance Ltd. v. Ajaokuta Steel Co. Ltd. (2014) 2 KLR (pt. 341) 519; (2014) 7 NWLR (Pt.1405) 165

APPEALS - Supreme Court - Fresh issue - Leave - A party will not be allowed on appeal - To raise question which was not raised or tried at trial court - Without leave (H2) Corporate Ideal Insurance Ltd. v. Ajaokuta Steel Co. Ltd. (2014) 2 KLR (pt. 341) 519; (2014) 7 NWLR (Pt.1405) 165

APPEALS - Supreme Court - Fresh issue of - No ground covers the issue of alibi - And being raised for first time in the court without leave - It is incompetent and should be discountenanced (H8) Obidike v. State (2014) 3 KLR (pt. 343) 1211; (2014) 10 NWLR (Pt.1414) 53

APPEALS - Supreme Court - Issues - Formulation - SC and CA have the power to adopt or formulate issues - That in their view would determine the real complaints in appeal (H1) Ukeje v. Ukeje (2014) 4 KLR (pt. 345) 1627; (2014) 11 NWLR (Pt.1418) 384

APPEALS - Supreme Court - Issues - Jurisdiction - Under the 1999 Constitution s. 233 - SC has jurisdiction to hear appeals from decisions of CA - And not from decision of High Court (H1) Udor v. State (2014) 6 KLR (pt. 350) 2573; (2014) 12 NWLR (Pt.1422) 548

APPEALS - Supreme Court - Jurisdiction - The court enjoys appellate jurisdiction - Only in respect of decisions of Court of Appeal (H12) Yardua v. Yandoma (2014) 12 KLR (pt. 354) 3661; (2015) 4 NWLR (Pt.1448) 123

APPEALS - Supreme Court - Objection - Upholding of - It is the practice by the court after upholding preliminary objection - To automatically terminate the appeal - And thus strike out same (H3) Ugba v. Suswam (2014) 5 KLR (pt. 348) 2127; (2014) 14 NWLR (Pt.1427) 264

APPEALS - Supreme Court - Power - SC Act s. 22 - Empowers SC to make any order necessary for determination of real question in appeal - As if the matter is prosecuted before it at first instance (H9) Wassah v. Kara (2014) 12 KLR (pt. 354) 3631; (2015) 4 NWLR (Pt.1449) 374

ARMED ROBBERY - Conspiracy - Proof - Prosecution must prove that there was agreement to commit offence - That accused took part in the robbery in furtherance of the agreement - And that the robbery was armed robbery (H5) Okoh v. State (2014) 3 KLR (pt. 343) 1251; (2014) 8 NWLR (Pt.1410) 502

ARMED ROBBERY - Conviction - Robbery & Firearms Act s. 2(2)(b) - Once court finds that case proved against accused falls under s. 2(2)(b) - He can be sentenced to life imprisonment - Not withstanding the section under which he was tried and convicted (H8) Adebesin v. State (2014) 4 KLR (pt. 345) 1489; (2014) 9 NWLR (Pt.1413) 609

ARMED ROBBERY - Conviction - Sentence - Failure of trial Judge to pass separate sentences - After conviction for conspiracy and armed robbery - Did not result in miscarriage of justice (H3) Saliu v. State (2014) 7 KLR (pt. 352) 311; (2014) 12 NWLR (Pt.1420) 65

ARMED ROBBERY - Identification parade - When not necessary - Appellant having been properly identified by 1^st accused as one of the perpetrators - The parade is no longer needed - As there is no dispute as to his identity (H4) Adebayo v. State (2014) 5 KLR (pt. 346) 1659; (2014) 12 NWLR (Pt.1422) 613

ARMED ROBBERY - Ingredients - Proof - Means of - Proof can be done through documentary or oral evidence - Or even through circumstantial evidence (H3) The People of Lagos State v. Umaru (2014) 3 KLR (pt. 343) 1279; (2014) 7 NWLR (Pt.1407) 584

ARMED ROBBERY - Ingredients - Proof - Prosecution must prove that there was robbery - Which was an armed robbery - And that accused took part in the armed robbery (H3) Okoh v. State (2014) 3 KLR (pt. 343) 1251; (2014) 8 NWLR (Pt.1410) 502

ARMED ROBBERY - Ingredients - Proof - Prosecution must prove that there was robbery - Which was armed robbery - And that accused took part in the armed robbery (H2) The People of Lagos State v. Umaru (2014) 3 KLR (pt. 343) 1279; (2014) 7 NWLR (Pt.1407) 584

ARMED ROBBERY - Ingredients - Proof - Prosecution must prove that there was robbery - That the robbery was armed robbery - And that accused was one of those who took part in the armed robbery (H5) Emeka v. State (2014) 6 KLR (pt. 351) 2675; (2014) 6 NWLR (Pt.1403) 320

ARMED ROBBERY - Ingredients - Proof - Prosecution must prove that there was robbery - And that the robbery was armed robbery -

And that accused was the armed robber (H2) Alufohai v. State (2014) 12 KLR (pt. 355) 3755; (2015) 3 NWLR (Pt.1445) 172

ARMED ROBBERY - Ingredients - Proof - To secure conviction - Prosecution must prove that there was robbery - Which was armed robbery - And that accused was the armed robber (H7) Adebayo v. State (2014) 5 KLR (pt. 346) 1659; (2014) 12 NWLR (Pt.1422) 613

ARMED ROBBERY - Proof - Despite the expunging of Exhibit O - Prosecution rightly discharged the burden on it - Having proved its case beyond reasonable doubt (H4) Adisa v. State (2014) 12 KLR (pt. 354) 3543; (2015) 4 NWLR (Pt.1450) 475

ARMED ROBBERY - Proof - Identity of stolen sandal - Where unreliable - It is unsafe to base any conviction on such evidence (H6) The People of Lagos State v. Umaru (2014) 3 KLR (pt. 343) 1279; (2014) 7 NWLR (Pt.1407) 584

ARMED ROBBERY - Proof - Recent possession - Prosecution must establish identity of stolen goods - Which must be in possession of accused - And possession must be recent (H5) The People of Lagos State v. Umaru (2014) 3 KLR (pt. 343) 1279; (2014) 7 NWLR (Pt.1407) 584

AVIATION - Appeals - Party - Consistency - Appellant having contended at trial court that the services - Were part of what they paid for under Ticket Sales Charge - Cannot set up a new case other than that which it presented at trial court (H13) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

AVIATION - Revenue drive - Power - By NAMA Act s. 11 - Respondent has power not only to charge for 30% air ticket sales - But also to charge en route local facility services (H15) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

BAIL - Terms of - Amendment - Application to vary bail conditions cannot be entertained by court of concurrent jurisdiction - Rather prosecution should apply to the court that granted bail (H7) Azuh v. UBN Plc. (2014) 5 KLR (pt. 346) 1753; (2014) 11 NWLR (Pt.1419) 580

BANKING - Appeals - General damages - Award - Interference - Justification - CA rightly interfered as damages awarded in the claim is aggravated - Not only for inconvenience caused respondent - But for loss incurred following wrongful dishonour of his cheque (H3)

UBN Plc. v. Chimaeze (2014) 4 KLR (pt. 344) 1457; (2014) 9 NWLR (Pt.1411) 166

BANKING - Legal entity - Dissolution - Proof - Applicant ought to aver in his affidavits that AIB has been dissolved - And producing document that has terminated the legal existence of the bank (H7) Oredola Okeya Trading Co. v. Bank of Credit & Commerce Intn'l (2014) 1 KLR (pt. 339) 211

BANKING - Liquidation & Dissolution - Difference - The former may precede or follow the latter - Which is the end of legal existence of a corporation - Thus mere revocation of banking licence - Cannot end juristic life of the bank (H2) Oredola Okeya Trading Co. v. Bank of Credit & Commerce Intn'l (2014) 1 KLR (pt. 339) 211

CHARGES - Alibi - Meaning of - Alibi is a defence where accused alleges - That at the time when the offence with which he is charged was committed - He was elsewhere (H1) Mohammed v. State (2014) 5 KLR (pt. 346) 1789; (2014) 12 NWLR (Pt.1421) 387

CHARGES - Appeals - Concurrent findings - Trial court and CA having by overwhelming evidence - Found the charge proved beyond reasonable doubt - Supreme Court will not interfere (H5) Amaremor v. State (2014) 3 KLR (pt. 343) 1037; (2014) 10 NWLR (Pt.1414) 1

CHARGES - Capital offence - Guilty plea - Where accused pleads guilty to charge in capital offence - Court would enter plea of not guilty - Whereupon full trial would be conducted (H6) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

CHARGES - Confession - Definition of - It is admission made by accused - Stating that he committed the crime - Which is object of the charge preferred against him (H2) Nkie v. FRN (2014) 5 KLR (pt. 348) 2073; (2014) 13 NWLR (Pt.1424) 305

CHARGES - Conspiracy & substantive - Determination - Proper approach is to first deal with the latter - And then proceed to see how far conspiracy charge has been made out (H3) Jimoh v. State (2014) 3 KLR (pt. 343) 1165

CHARGES - Conviction - Confession - Where confessional statement is positive and unequivocal - As to the commission of crime charged - Conviction can be based solely on it (H1) Azabada v. State (2014) 6 KLR (pt. 349) 2385; (2014) 12 NWLR (Pt.1420) 40

CHARGES - Conviction - Guilty plea - CPA s. 285(2) - Once accused understands charge and intends to admit offence - In the ab

sence of any cause to the contrary - Court can convict and sentence him (H5) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

CHARGES - Guilty plea - Interpreter - Record of - Where accused pleads guilty his plea shall be recorded - As nearly as possible in words used by him - But where there is interpreter - Court records what is interpreted (H1) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

CHARGES - Institution - Powers of AG Federation - Charges filed against appellant were in compliance with AG's powers under the Constitution s. 174(3) - To carry out public prosecution in the interest of justice (H5) Abacha v. FRN (2014) 1 KLR (pt. 339) 13; (2014) 6 NWLR (Pt.1402) 43

CHARGES - Interpreter - Absence of record - Does not amount to proof that there was none - Or denial of accused right to fair hearing - As there is presumption of regularity under EA s. 150(1) (H3) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

CHARGES - Joint trial - By CPC s. 221(d) - Persons may be charged and tried together - Who are accused of different offences committed in the course of same transaction (H3) Mba v. State (2014) 4 KLR (pt. 345) 1599; (2014) 10 NWLR (Pt.1415) 316

CHARGES - Murder - Defence - Consideration of - Court must consider all defence available to an accused charged with murder - Whether or not such defence is specifically put up by him (H1) Adelu v. State (2014) 12 KLR (pt. 354) 3521; (2014) 13 NWLR (Pt.1425) 465

CHARGES - Murder - Proof - Witness - Evidence of single witness if believed by court - Can sustain a charge even in murder case (H6) Obidike v. State (2014) 3 KLR (pt. 343) 1211; (2014) 10 NWLR (Pt.1414) 53

CHARGES - Pending charges - Where charges are pending against accused - His right to freedom of movement pending determination of the case - May be curtailed by court (H6) Azuh v. UBN Plc. (2014) 5 KLR (pt. 346) 1753; (2014) 11 NWLR (Pt.1419) 580

CHARGES - Plea - Conviction - Where accused pleads guilty and intends to admit all essentials of the offence - Court shall convict save in capital offence (H1) Nkie v. FRN (2014) 5 KLR (pt. 348) 2073; (2014) 13 NWLR (Pt.1424) 305

CHARGES - Plea - Irregularity - Effect - Appellant having stated that he understood the charge - Failure of court to strictly follow requirements of CPC s. 242(2)(4) - Cannot vitiate the proceedings - As it is a mere irregularity (H4) Umar v. State (2014) 6 KLR (pt. 349) 2439; (2014) 13 NWLR (Pt.1425) 497

CHARGES - Plea - Proceedings - Validity - From responses given by respondent - It was evident that he understood the charge against him - And was able to follow the proceedings (H4) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

CHARGES - Plea - Record of - CPA s. 218 specifically provides that plea shall be recorded as nearly as possible - Hence there is no legal requirement that exact words used by accused must be recorded (H2) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

CHIEFTAINCY MATTERS - Appeals - Court - Finding - Failure to challenge - As there is no appeal against finding that Aketula was one of direct sons of Kuje - Respondents are deemed to have accepted the finding as correct (H9) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

CHIEFTAINCY MATTERS - Customary law - Traditional throne - Qualification - To the throne is subject to custom of the people concerned - Which is a fact to be proved by evidence - Save where judicially noticed (H2) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

CHIEFTAINCY MATTERS - District head - Appointment - Proof - Appellants were required to prove that selection of 3^rd respondent - Was not done in accordance with tradition and custom of the area constituting Dong District (H2) Dong v. A-G Adamawa State (2014) 2 KLR (pt. 341) 559; (2014) 6 NWLR (Pt.1404) 555

CHIEFTAINCY MATTERS - District heads - Mode of appointment - By Adamawa District Creation Law s. 7 - Two methods of selecting such heads are by traditional or customary method - And by Electoral College of village head (H1) Dong v. A-G Adamawa State (2014) 2 KLR (pt. 341) 559; (2014) 6 NWLR (Pt.1404) 555

CHIEFTAINCY MATTERS - Evidence - Admissibility - Unlike evidence of appellants - Testimony of 1^st respondent in relation to the ruling house - Cannot be faulted as it was unshaken in cross examination (H3) Okuleye v. Adesanya (2014) 6 KLR (pt. 350) 2549; (2014) 12 NWLR (Pt.1422) 521

CHIEFTAINCY MATTERS - Registered declaration - Enactment of -

It is duty of executive arm of a State - And where valid - It is deemed to be the customary law regulating selection to throne (H4) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

CHIEFTAINCY MATTERS - Registered declaration - Fair hearing - Court can invalidate the declaration where the making breaches right to fair hearing - Or where it offends any Constitutional provision (H7) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

CHIEFTAINCY MATTERS - Registered declaration - Interpretation - Duty of court is to apply provisions of the declaration to facts of the case - As established by evidence (H5) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

CHIEFTAINCY MATTERS - Registered declaration - Setting aside - Although court cannot promulgate the declaration - But can set it aside where the same does not correctly declare - Chieftaincy custom and tradition of area concerned (H6) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

CHIEFTAINCY MATTERS - Registered declarations - Purpose - Is to stop the need for frequent calling of evidence in proof of custom and tradition - In relation to any particular recognized chieftaincy throne (H3) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

CHIEFTAINCY MATTERS - Ruling house - Party who relies on traditional history - To assert that he is a member of ruling house - Must plead genealogy - And his pleadings must be supported by evidence (H1) Okuleye v. Adesanya (2014) 6 KLR (pt. 350) 2549; (2014) 12 NWLR (Pt.1422) 521

CHIEFTAINCY MATTERS - Ruling house - Recognition of - For family to be recognized as ruling house - It must satisfy chieftaincy committee that it has generally been recognized as such (H8) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

CHIEFTAINCY MATTERS - Throne - Rotational appointment - Where succession is regulated by rotation - Contest for the throne is limited to candidates from ruling house - Whose title it is to occupy the stool (H11) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

CHIEFTAINCY MATTERS - Traditional throne - Selection - Basis - Only members of ruling house for a particular chieftaincy - Can com

pete for the throne whenever vacancy exists (H10) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

COMPANIES - Legal entity - Bank - Dissolution - Proof - Applicant ought to aver in his affidavits that AIB has been dissolved - And producing document that has terminated the legal existence of the bank (H7) Oredola Okeya Trading Co. v. Bank of Credit & Commerce Intn'l (2014) 1 KLR (pt. 339) 211

COMPANIES - Life of - Bank - Liquidation & Dissolution - Difference - The former may precede or follow the latter - Which is the end of legal existence of a corporation - Thus mere revocation of banking licence - Cannot end juristic life of the bank (H2) Oredola Okeya Trading Co. v. Bank of Credit & Commerce Intn'l (2014) 1 KLR (pt. 339) 211

COMPANY LAW - Company - Winding up - Involves the liquidation of company - So that assets are distributed to those entitled to receive them (H1) Oredola Okeya Trading Co. v. Bank of Credit & Commerce Intn'l (2014) 1 KLR (pt. 339) 211

COMPANY LAW - Company - Winding up - Mode of - Three modes of winding up are by court - Voluntarily - Or subject to the supervision of the court (H3) Oredola Okeya Trading Co. v. Bank of Credit & Commerce Intn'l (2014) 1 KLR (pt. 339) 211

COMPANY LAW - Criminal appeal - Notice of appeal - Signing - By CA Rules O. 16 r. 4(1)(5)(6) - Every notice of appeal in criminal appeal must be signed by appellant - Except if appellant is insane or is a company (H3) Iwunze v. FRN (2014) 2 KLR (pt. 342) 931; (2014) 6 NWLR (Pt.1404) 580

COMPANY LAW - Liquidator - Action - Locus standi - By CAMA s. 425 - Liquidator in a winding up by court can bring and defend action - Subject to sanction of the court or committee of inspection (H6) Oredola Okeya Trading Co. v. Bank of Credit & Commerce Intn'l (2014) 1 KLR (pt. 339) 211

CONFLICT OF LAWS - Legislations - Amendment - Where later enactment does not expressly amend an earlier one - But provisions of the later are inconsistent with the earlier - The later by implication amends the earlier (H5) Akintokun v. LPDC (2014) 5 KLR (pt. 347) 1831; (2014) 13 NWLR (Pt.1423) 1

CONSTITUTIONAL LAW - 1999 Constitution - Interpretation - Constitution must be read as a whole - To determine object of the particular provision - Thus resort to ss. 6(1)(5)(6) & 251(1)(a)(b)(q) -

Will facilitate proper understanding of s. 232(1) that is in issue (H5) A-G Lagos State v. A-G Federation (2014) 4 KLR (pt. 345) 1519; (2014) 9 NWLR (Pt.1412) 217

CONSTITUTIONAL LAW - Actions - Defence - Fair hearing - 1999 Constitution s. 36 provides inter alia - That a person shall be entitled to fair hearing within a reasonable time - By court constituted in a manner as to secure its impartiality (H1) Etsako West L.G. Council v. Christopher (2014) 6 KLR (pt. 351) 2699; (2014) 14 NWLR (Pt.1426) 73

CONSTITUTIONAL LAW - Administration of estates - Inheritance - Right of women - Female child is entitled to inherit from her late father's estate - Hence Igbo customary law which disentitles such a child - Is in breach of 1999 Constitution s. 42(1)(2) (H10) Ukeje v. Ukeje (2014) 4 KLR (pt. 345) 1627; (2014) 11 NWLR (Pt.1418) 384

CONSTITUTIONAL LAW - Administrative law - L.G. Council - Continuous existence - It is duty bound on Governor by 1999 Constitution s. 7(1) - To ensure that L.G. system continues unhindered (H2) Eze v. Gov. of Abia State (2014) 7 KLR (pt. 352) 2935; (2014) 14 NWLR (Pt.1426) 192

CONSTITUTIONAL LAW - Appeals - Election petitions - Gubernatorial - Final court - By 1999 Constitution s. 235 - Decision of SC is final in such election matters - And CA is duty bound by s. 287 to give effect to judgments of SC (H7) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

CONSTITUTIONAL LAW - Appeals - Evaluation - Judgment - Delay in delivery - 1999 Constitution s. 294 applies more to judgments of trial courts - And not to appellate courts - Which can rarely be said to have lost touch of printed records - Placed before them (H3) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

CONSTITUTIONAL LAW - Appeals - Grounds - Mixed law & facts - Leave - In other subject matter not covered by 1999 Constitution s. 241(1) - Aggrieved party may have to seek for leave of the HC or CA - To appeal (H4) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

CONSTITUTIONAL LAW - Appeals - Jurisdiction - Conferment - Constitution and Rules of the court confer on CA jurisdiction to entertain appeals - Hence CA lacks jurisdiction where there is non compliance with the statutes - Or defect in notice of appeal (H1) Iwunze v. FRN (2014) 2 KLR (pt. 342) 931; (2014) 6 NWLR (Pt.1404) 580

CONSTITUTIONAL LAW - Appeals - Right of appeal - By 1999 Constitution ss. 241(1) & 242(2) - Party aggrieved with decision of court - Has a right of appeal - Conferred on him by the Constitution (H3) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

CONSTITUTIONAL LAW - Appeals - Right of appeal - Election petitions - Estoppel - The appeal is caught by lapse of time under 1999 Constitution s. 285(7) - As 1^st respondent who had challenged the election up to SC - Can no longer re-litigate his case as Preelection matter at CA (H9) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

CONSTITUTIONAL LAW - Chieftaincy matters - Registered declaration - Fair hearing - Court can invalidate the declaration where the making breaches right to fair hearing - Or where it offends any Constitutional provision (H7) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

CONSTITUTIONAL LAW - Constitution - Supremacy of - Constitution is the only instrument - Which is imbued with absolute power - To create and confer jurisdiction (H7) Ugba v. Suswam (2014) 5 KLR (pt. 348) 2127; (2014) 14 NWLR (Pt.1427) 264

CONSTITUTIONAL LAW - Courts - Federal HC - Jurisdiction - Limit - Declaration or injunction sought from the court - Must be in respect of the major items enumerated under 1999 Constitution s. 251 (H4) Opia v. INEC (2014) 2 KLR (pt. 342) 995; (2014) 7 NWLR (Pt.1407) 431

CONSTITUTIONAL LAW - Courts - Jurisdiction - Although Constitution 1999 s. 251 confers exclusive jurisdiction - In respect of matters listed therein - It does not create exhaustive list (H10) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

CONSTITUTIONAL LAW - Courts - Revenue collection - The claim cannot be pursued in SC but FHC - As the dispute pertains to operation of agency of the Federation vis-à-vis that of State - Which jurisdiction is conferred on FHC by 1999 Constitution s. 251(a)(b)(q) (H8) A-G Lagos State v. A-G Federation (2014) 4 KLR (pt. 345) 1519; (2014) 9 NWLR (Pt.1412) 217

CONSTITUTIONAL LAW - Criminal procedure - Commencement - In Magistrate's Court - Prosecution of criminal proceedings before the court is done by police pursuant to Police Act s. 23 - But subject to 1999 Constitution ss. 160 & 174(1) (H5) Azuh v. UBN Plc. (2014) 5 KLR (pt. 346) 1753; (2014) 11 NWLR (Pt.1419) 580

CONSTITUTIONAL LAW - Criminal procedure - Commencement - Power - To institute criminal proceedings resides in AG Federation or of a State by 1999 Constitution ss. 174 & 211 - And such power may be exercised by AG - Or through any officers of his department (H4) Azuh v. UBN Plc. (2014) 5 KLR (pt. 346) 1753; (2014) 11 NWLR (Pt.1419) 580

CONSTITUTIONAL LAW - Election petitions - Appeals - Hearing - 1999 Constitution s. 285(7) - Being of sui generic nature - Election matters must be by the rules - As any act done outside prescribed period - Is a nullity (H1) PDP v. INEC (2014) 9-11 KLR (pt. 353) 3475; (2014) 6 NWLR (Pt.1403) 320

CONSTITUTIONAL LAW - Election petitions - Filing - NA election tribunal - 1st and 2nd respondents' petition before the tribunal is in order - Hence CA by 1999 Constitution s. 246 had jurisdiction to hear appeal therefrom (H3) Salik v. Idris (2014) 5 KLR (pt. 348) 2095; (2014) 15 NWLR (Pt.1429) 36

CONSTITUTIONAL LAW - Election petitions - Hearing - Time limit - The jurisdictional competence of tribunal under 1999 Constitution s. 285(6) - Cannot exceed the 180 days allotted for hearing (H4) Ugba v. Suswam (2014) 5 KLR (pt. 348) 2127; (2014) 14 NWLR (Pt.1427) 264

CONSTITUTIONAL LAW - Election petitions - NA elections - Final court - 1999 Constitution s. 246 (1)(b)(i) & (3) - Makes CA the final court in such election petition - SC lacks jurisdiction to entertain appeal therefrom (H4) Salik v. Idris (2014) 5 KLR (pt. 348) 2095; (2014) 15 NWLR (Pt.1429) 36

CONSTITUTIONAL LAW - Elections - Gubernatorial - Qualification - By 1999 Constitution s. 177 - A person shall be qualified for election into office of Governor - If he is educated up to at least school certificate or equivalent (H22) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

CONSTITUTIONAL LAW - Elections - Gubernatorial - Qualification - 1999 Constitution s. 177 - A person is qualified for the election if inter alia - He is a citizen of Nigeria by birth - And has attained the age of 35 years (H9) PDP v. INEC (2014) 9-11 KLR (pt. 353) 3475; (2014) 6 NWLR (Pt.1403) 320

CONSTITUTIONAL LAW - Elections - Gubernatorial - Screening - Requirement - 1999 Constitution s. 177 - Certificate presentation is not a necessity - As candidate is to fill in his qualification - With verifying affidavit that the same is true (H21) Kakih v. PDP (2014) 7 KLR

(pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

CONSTITUTIONAL LAW - Elections - Preelection - FHC - Jurisdiction - PDP v. Sylva - For the court to assume jurisdiction - Aggrieved party at primary election - Must bring his claim within 1999 Constitution s. 251(1) (H12) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

CONSTITUTIONAL LAW - Fair hearing - Denial - Proof - Respondents' mere assertion that appellant was not denied fair hearing - Is of no moment - They ought to have exhibited their report - Showing compliance with Constitution s. 36(1) (H4) Danladi v. Dangiri (2014) 9-11 KLR (pt. 353) 3295; (2015) 2 NWLR (Pt.1442) 124

CONSTITUTIONAL LAW - Freedom of association - Native society - By voluntarily becoming member of Agbalanze society - Appellant chose to adhere to its regulations - He cannot pick which aspect suits him - And which he is at liberty to do away with (H2) Mbanefo v. Molokwu (2014) 2 KLR (pt. 341) 579; (2014) 6 NWLR (Pt.1403) 320

CONSTITUTIONAL LAW - Judgments - Delivery - Delay in - Effect - Judgment will not be invalidated for non compliance with 1999 Constitution s. 294(1) - Unless appellate court is satisfied that the delay - Occasioned miscarriage of justice (H1) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

CONSTITUTIONAL LAW - Jurisdiction - Federal HC - 1999 Constitution s. 251(1)(r) - Relief 5 directly affects INEC - And the section vests exclusive jurisdiction on FHC - To entertain actions affecting validity of executive acts of such Federal Govt. agencies (H2) Gbileve v. Addingi (2014) 1 KLR (pt. 340) 281; (2014) 16 NWLR (Pt.1433) 394

CONSTITUTIONAL LAW - Jurisdiction - Sources of - Jurisdiction of all courts are as provided for by the Constitution - Or the relevant legislation - It remains a question of law and necessary requirement in all proceedings (H3) A-G Lagos State v. A-G Federation (2014) 4 KLR (pt. 345) 1519; (2014) 9 NWLR (Pt.1412) 217

CONSTITUTIONAL LAW - Pending charges - Where charges are pending against accused - His right to freedom of movement pending determination of the case - May be curtailed by court (H6) Azuh v. UBN Plc. (2014) 5 KLR (pt. 346) 1753; (2014) 11 NWLR (Pt.1419) 580

CONSTITUTIONAL LAW - Supreme Court - Appeals - Issues - Jurisdiction - Under the 1999 Constitution s. 233 - SC has jurisdiction to

hear appeals from decisions of CA - And not from decision of High Court (H1) Udor v. State (2014) 6 KLR (pt. 350) 2573; (2014) 12 NWLR (Pt.1422) 548

CONSTITUTIONAL LAW - Supreme Court - Judgment - Finality of - By 1999 Constitution s. 235 - SC cannot sit on appeal over its judgment - Although it has inherent powers to set aside same in appropriate cases - But such cannot be converted into appellate jurisdiction (H1) CITEC Intn'l Estate Ltd. v. Francis (2014) 2 KLR (pt. 342) 907; (2014) 8 NWLR (Pt.1408) 139

CONSTITUTIONAL LAW - Supreme Court - Judgment - Supremacy of - By 1999 Constitution s. 287(1) - All subordinate courts in Nigeria are enjoined to enforce all decisions of SC - Otherwise it will amount to constitutional breach (H8) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

CONSTITUTIONAL LAW - Supreme Court - Original jurisdiction - By 1999 Constitution s. 232(1) - SC has exclusive jurisdiction once dispute is between the Federation and State or between States - And determination requires resolution of question of law or fact in relation to the claim (H6) A-G Lagos State v. A-G Federation (2014) 4 KLR (pt. 345) 1519; (2014) 9 NWLR (Pt.1412) 217

CONSTITUTIONAL LAW - Supreme Court - Supremacy of - By Constitution 1999 s. 287(1) - All persons authorities and lower courts are duty bound - To enforce the decision of the apex court (H10) Yardua v. Yandoma (2014) 12 KLR (pt. 354) 3661; (2015) 4 NWLR (Pt.1448) 123

CONTEMPT OF COURT - Legal practitioners - Non appearance - Contempt of court - Continuous absence of counsel in a case he is handling - Amounts to obstruction of cause of justice - And therefore contempt of court (H5) Mfa v. Inongha (2014) 1 KLR (pt. 339) 155; (2014) 4 NWLR (Pt.1397) 343

CONTEMPT OF COURT - Orders - Contempt of - Weight - A person in contempt of a subsisting order - Is not entitled to be granted the court's discretion - To enable him continue with the breach (H17) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

CONTRACTS - Agency - Disclosed principal - Liability of - Contract made by agent acting within scope of his authority - Is contract of the principal - And it is principal and not agent that sues or is to be sued upon the contract (H5) Uwah v. Akpabio (2014) 2 KLR (pt. 341) 707; (2014) 7 NWLR (Pt.1407) 472

CONTRACTS - Courts - Illegal contract - Where contract is ex facie illegal - Court will refuse to enforce such transaction - Even where illegality has not been pleaded (H4) Corporate Ideal Insurance Ltd. v. Ajaokuta Steel Co. Ltd. (2014) 2 KLR (pt. 341) 519; (2014) 7 NWLR (Pt.1405) 165

CONTRACTS - Illegal contract - Meaning of - Any transaction which is expressly or impliedly prohibited by statute is illegal and unenforceable - And no party can take benefit from it (H5) Corporate Ideal Insurance Ltd. v. Ajaokuta Steel Co. Ltd. (2014) 2 KLR (pt. 341) 519; (2014) 7 NWLR (Pt.1405) 165

CONTRACTS - Insurance - Government properties - Consent of Head of State - Proof - Burden of proving existence of the consent - Lies on party against whom judgment would be given - If no evidence were adduced (H11) Corporate Ideal Insurance Ltd. v. Ajaokuta Steel Co. Ltd. (2014) 2 KLR (pt. 341) 519; (2014) 7 NWLR (Pt.1405) 165

CONTRACTS - Insurance - Government properties - Responsibility of insuring the properties is vested on NICON - But such property may with approval in writing of Head of State - Be insured with any insurer (H10) Corporate Ideal Insurance Ltd. v. Ajaokuta Steel Co. Ltd. (2014) 2 KLR (pt. 341) 519; (2014) 7 NWLR (Pt.1405) 165

CONTRACTS - Insurance - Validity - By Insurance Act s. 50(1) - There shall not be any valid contract of insurance - Unless premium is paid in advance (H6) Corporate Ideal Insurance Ltd. v. Ajaokuta Steel Co. Ltd. (2014) 2 KLR (pt. 341) 519; (2014) 7 NWLR (Pt.1405) 165

CONTRACTS - Master & servant - Legal personality - Appellant's claim is inconceivable - As 1^st respondent is not expected to bear legal burden - Ascribable only to a different legal personality (H11) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420) 96

CONTRACTS - Master & servant - Termination - Validity - The contract between appellant and 1^st respondent being that of master & servant - Can be terminated at anytime by giving appropriate notice (H4) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420) 96

CONTRACTS - Privity of contract - A contract cannot confer or impose obligations arising under it on any person - Except the parties to it - As only such parties can sue or be sued on the contract (H10) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420) 96

CONTRACTS - Terms - Binding nature - Court must respect the sanctity of contract made by parties - And will not allow a term on which there is no agreement to be read into the contract (H1) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420) 96

CONTRACTS - Written contract - Oral evidence - Evidence Act s. 128(1)(b) makes admissible oral evidence relating to - Existence of separate oral agreement - As to matter on which a document is silent (H3) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420) 96

CONTRACTS - Written contract - Variation - Appellant cannot now be allowed - To justify his additional award of damages - As extrinsic evidence will not be given to alter the effect of written contract (H2) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420) 96

CONVICTION - Appeals - Concurrent findings - Proof beyond reasonable doubt - Prosecution discharged the burden on it from evidence adduced - Which rightly led to conviction of appellant - And SC cannot interfere with same (H7) Alufohai v. State (2014) 12 KLR (pt. 355) 3755; (2015) 3 NWLR (Pt.1445) 172

CONVICTION - Appeals - Correctness of - Having held that there were no material contradiction in prosecution's case - CA rightly affirmed conviction of appellant (H6) Emeka v. State (2014) 6 KLR (pt. 351) 2675; (2014) 6 NWLR (Pt.1403) 320

CONVICTION - Appeals - Retrial - Court of Appeal - Powers of - The court being a creature of statute - Is empowered by s. 19(2) of its Act - To order acquittal or retrial of appellant - If it allows appeal against conviction (H2) Omosaye v. State (2014) 1 KLR (pt. 339) 185; (2014) 6 NWLR (Pt.1404) 484

CONVICTION - Appeals - Retrial - Validity of - By the justice of this cases - Lower Court rightly ordered a retrial - Notwithstanding that appellant's trial had been declared a nullity (H3) Omosaye v. State (2014) 1 KLR (pt. 339) 185; (2014) 6 NWLR (Pt.1404) 484

CONVICTION - Armed robbery - Ingredients - Proof - To secure conviction - Prosecution must prove that there was robbery - Which was armed robbery - And that accused was the armed robber (H7) Adebayo v. State (2014) 5 KLR (pt. 346) 1659; (2014) 12 NWLR (Pt.1422) 613

CONVICTION - Armed robbery - Proof - Identity of stolen sandal -

Where unreliable - It is unsafe to base any conviction on such evidence (H6) The People of Lagos State v. Umaru (2014) 3 KLR (pt. 343) 1279; (2014) 7 NWLR (Pt.1407) 584

CONVICTION - Armed robbery - Robbery & Firearms Act s. 2(2)(b) - Once court finds that case proved against accused falls under s. 2(2)(b) - He can be sentenced to life imprisonment - Not withstanding the section under which he was tried and convicted (H8) Adebesin v. State (2014) 4 KLR (pt. 345) 1489; (2014) 9 NWLR (Pt.1413) 609

CONVICTION - Charges - Plea - Where accused pleads guilty and intends to admit all essentials of the offence - Court shall convict save in capital offence (H1) Nkie v. FRN (2014) 5 KLR (pt. 348) 2073; (2014) 13 NWLR (Pt.1424) 305

CONVICTION - Circumstantial evidence - Must be direct and unequivocally lead to the guilt of appellant - As to sustain conviction (H4) Usman v. State (2014) 5 KLR (pt. 348) 2189; (2014) 12 NWLR (Pt.1421) 207

CONVICTION - Circumstantial evidence - Weight - For such evidence to lead to conviction - It must be cogent and unequivocal as to point to no other direction - But the guilt of accused (H2) Yakubu v. State (2014) 2 KLR (pt. 341) 731; (2014) 8 NWLR (Pt.1408) 111

CONVICTION - Confession - A positive voluntary and unequivocal statement - Is an admission of guilt - And can solely sustain a finding of guilt - Without corroboration (H8) Adeyemi v. State (2014) 6 KLR (pt. 349) 2271; (2014) 13 NWLR (Pt.1423) 132

CONVICTION - Confession - Although it is desirable that conviction be based on evidence outside confession - Court can convict solely on voluntary and unequivocal confession (H5) Ajayi v. State (2014) 6 KLR (pt. 349) 2343; (2014) 14 NWLR (Pt.1426) 1

CONVICTION - Confession - Before confession is used to convict accused - The same must be voluntary and consistent with other facts as proved (H9) Jimoh v. State (2014) 3 KLR (pt. 343) 1165

CONVICTION - Confession - Corroboration - Having found corroboration in evidence of PW1, 2 & 4 - CA was free to convict appellant on the strength of his confession (H2) Adisa v. State (2014) 12 KLR (pt. 354) 3543; (2015) 4 NWLR (Pt.1450) 475

CONVICTION - Confession - Corroboration - Though desirable it is not a necessity - That corroborative evidence outside confession - Must exist before court convicts accused (H2) Ogedengbe v. State

(2014) 6 KLR (pt. 350) 2511; (2014) 12 NWLR (Pt.1421) 338

CONVICTION - Confession - Court can convict solely on confessional statement of accused - Provided same was given freely and voluntarily - And without equivocation (H3) Mohammed v. State (2014) 5 KLR (pt. 346) 1789; (2014) 12 NWLR (Pt.1421) 387

CONVICTION - Confession - Direct and positive voluntary confession of guilt by accused - Is sufficient to warrant his conviction without corroboration - Provided court is satisfied of the truth (H10) Adebayo v. State (2014) 5 KLR (pt. 346) 1659; (2014) 12 NWLR (Pt.1422) 613

CONVICTION - Confession - Once court is satisfied as to the truth of a confession - It can solely rely on same to ground a conviction - Despite retraction from accused (H1) Adisa v. State (2014) 12 KLR (pt. 354) 3543; (2015) 4 NWLR (Pt.1450) 475

CONVICTION - Confession - Tendering accused statement is fundamental in grounding conviction - Otherwise the conviction is defective and can be quashed - (H4) The People of Lagos State v. Umaru (2014) 3 KLR (pt. 343) 1279; (2014) 7 NWLR (Pt.1407) 584

CONVICTION - Confession - Validity - Conviction can be based on confession alone - And the withdrawal of objection to admissibility of exhibit E - Signified that it was made voluntarily (H1) Saliu v. State (2014) 7 KLR (pt. 352) 311; (2014) 12 NWLR (Pt.1420) 65

CONVICTION - Confession - Validity - Free and voluntary confession alone is sufficient to sustain conviction - Provided court is satisfied that it is unequivocal and positively proved (H2) Okoh v. State (2014) 3 KLR (pt. 343) 1251; (2014) 8 NWLR (Pt.1410) 502

CONVICTION - Confession - Validity - Once it is satisfied about truth therein - Court can safely and without corroboration - Convict on voluntary confession which is direct and positive (H3) Nguma v. A-G Imo State (2014) 2 KLR (pt. 342) 955; (2014) 7 NWLR (Pt.1405) 119

CONVICTION - Confession - Validity of - Where proved to be voluntary and unequivocal - Confession can ground a finding of guilt - Regardless of any retraction from the maker (H6) Alufohai v. State (2014) 12 KLR (pt. 355) 3755; (2015) 3 NWLR (Pt.1445) 172

CONVICTION - Confession - Voluntary confession if fully consistent - And there is proof that crime has been committed by accused - Is satisfactory evidence (H4) Nkie v. FRN (2014) 5 KLR (pt. 348) 2073; (2014) 13 NWLR (Pt.1424) 305

CONVICTION - Confession - Voluntary confession which is direct and unequivocal - Is the best evidence - And may solely support conviction (H1) Ogedengbe v. State (2014) 6 KLR (pt. 350) 2511; (2014) 12 NWLR (Pt.1421) 338

CONVICTION - Confession - Where confessional statement is positive and unequivocal - As to the commission of crime charged - Conviction can be based solely on it (H1) Azabada v. State (2014) 6 KLR (pt. 349) 2385; (2014) 12 NWLR (Pt.1420) 40

CONVICTION - Conspiracy - Distinctive nature - Failure to prove substantive offence - Does not make conviction for conspiracy inappropriate - As it is in itself a separate offence (H1) Alufohai v. State (2014) 12 KLR (pt. 355) 3755; (2015) 3 NWLR (Pt.1445) 172

CONVICTION - Evidence - Weight of - Although prosecution must not prove its case with mathematical certainty - But evidence to support a conviction must not create room for speculation (H4) Anekwe v. State (2014) 5 KLR (pt. 346) 1695; (2014) 9 NWLR (Pt.1412) 393

CONVICTION - Guilty plea - CPA s. 285(2) - Once accused understands charge and intends to admit offence - In the absence of any cause to the contrary - Court can convict and sentence him (H5) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

CONVICTION - Identification of accused - Failure to prove - That accused was the person who committed the offence - Disentitles trial court from convicting - And appellate court from affirming such erroneous conviction (H1) Ajayi v. State (2014) 6 KLR (pt. 349) 2343; (2014) 14 NWLR (Pt.1426) 1

CONVICTION - Murder - Circumstantial evidence - Weight - For such evidence to ground conviction - It must only lead to the guilt of appellant - Otherwise appellant cannot be convicted of the murder of deceased (H3) Aikhadueki v. State (2014) 9-11 KLR (pt. 353) 3179; (2014) 15 NWLR (Pt.1431) 530

CONVICTION - Murder - Ingredients - Proof - To ground conviction prosecution must prove death of deceased - The act or omission which caused the death - And which was intentional with knowledge that death is probable (H5) Anekwe v. State (2014) 5 KLR (pt. 346) 1695; (2014) 9 NWLR (Pt.1412) 393

CONVICTION - Murder - Ingredients - Proof - To secure conviction - Prosecution must prove death of deceased - Caused by act of ac

cused - With intention of causing death - And that accused knew that death was probable (H11) Sheidu v. State (2014) 6 KLR (pt. 349) 2407; (2014) 15 NWLR (Pt.1429) 1

CONVICTION - Murder - Validity - As appellant suffered from insanity at the time of committing the murder - His conviction and sentence cannot stand (H4) Adelu v. State (2014) 12 KLR (pt. 354) 3521; (2014) 13 NWLR (Pt.1425) 465

CONVICTION - Proof - Circumstantial evidence - Weight - Such evidence can ground conviction - Only where inferences from facts of the case - Point irresistibly to accused to exclusion of others (H4) Udor v. State (2014) 6 KLR (pt. 350) 2573; (2014) 12 NWLR (Pt.1422) 548

CONVICTION - Proof - Failure of - Conviction of appellant is set aside - As it was not properly affirmed by CA - Since prosecution failed to prove its case beyond reasonable doubt (H7) Aikhadueki v. State (2014) 9-11 KLR (pt. 353) 3179; (2014) 15 NWLR (Pt.1431) 530

CONVICTION - Sentence - Failure of trial Judge to pass separate sentences - After conviction for conspiracy and armed robbery - Did not result in miscarriage of justice (H3) Saliu v. State (2014) 7 KLR (pt. 352) 311; (2014) 12 NWLR (Pt.1420) 65

CONVICTION - Sentence - Requirement - CPC s. 269 - Failure to specify punishment meted to accused as provided in the section - Is remediable and not fatal to prosecution's case (H5) Saliu v. State (2014) 7 KLR (pt. 352) 311; (2014) 12 NWLR (Pt.1420) 65

CONVICTION - Suspicion - Weight - Suspicion no matter how strong cannot take the place of legal proof - As evidence of suspicion do not have quality of being corroborative evidence - To ground conviction (H2) Udor v. State (2014) 6 KLR (pt. 350) 2573; (2014) 12 NWLR (Pt.1422) 548

CONVICTION - Validity - Conviction of appellant was not solely on his cautioned statement - But validly supported by clearly established solid circumstantial evidence (H4) Mohammed v. State (2014) 5 KLR (pt. 346) 1789; (2014) 12 NWLR (Pt.1421) 387

CORROBORATION - Confession - Retraction - Weight such a confession attracts is enhanced by evidence outside it - Which corroborates it and establishes that accused had - Opportunity of committing the offence admitted (H6) Ajayi v. State (2014) 6 KLR (pt. 349) 2343; (2014) 14 NWLR (Pt.1426) 1

CORROBORATION - Confession - Retraction - Where accused retracts his statement - Court must look for evidence outside the confession - That makes the confession probable (H2) Azabada v. State (2014) 6 KLR (pt. 349) 2385; (2014) 12 NWLR (Pt.1420) 40

CORROBORATION - Confession - Retraction - Where accused retracts his confession - Trial court should look for other external evidence which corroborates - And shows that the confession is true (H2) Saliu v. State (2014) 7 KLR (pt. 352) 311; (2014) 12 NWLR (Pt.1420) 65

CORROBORATION - Confession - Retraction - Where there is retraction in court - Corroboration however slight must be brought - But mere retraction does not render statement inadmissible - As it only affects weight to be attached (H6) Okoh v. State (2014) 3 KLR (pt. 343) 1251; (2014) 8 NWLR (Pt.1410) 502

CORROBORATION - Conviction - Confession - A positive voluntary and unequivocal statement - Is an admission of guilt - And can solely sustain a finding of guilt - Without corroboration (H8) Adeyemi v. State (2014) 6 KLR (pt. 349) 2271; (2014) 13 NWLR (Pt.1423) 132

CORROBORATION - Conviction - Confession - Although it is desirable that conviction be based on evidence outside confession - Court can convict solely on voluntary and unequivocal confession (H5) Ajayi v. State (2014) 6 KLR (pt. 349) 2343; (2014) 14 NWLR (Pt.1426) 1

CORROBORATION - Conviction - Confession - Direct and positive voluntary confession of guilt by accused - Is sufficient to warrant his conviction without corroboration - Provided court is satisfied of the truth (H10) Adebayo v. State (2014) 5 KLR (pt. 346) 1659; (2014) 12 NWLR (Pt.1422) 613

CORROBORATION - Conviction - Confession - Having found corroboration in evidence of PW1, 2 & 4 - CA was free to convict appellant on the strength of his confession (H2) Adisa v. State (2014) 12 KLR (pt. 354) 3543; (2015) 4 NWLR (Pt.1450) 475

CORROBORATION - Conviction - Confession - Though desirable it is not a necessity - That corroborative evidence outside confession - Must exist before court convicts accused (H2) Ogedengbe v. State (2014) 6 KLR (pt. 350) 2511; (2014) 12 NWLR (Pt.1421) 338

CORROBORATION - Conviction - Validity - Conviction of appellant was not solely on his cautioned statement - But validly supported by clearly established solid circumstantial evidence (H4) Mohammed v. State (2014) 5 KLR (pt. 346) 1789; (2014) 12 NWLR (Pt.1421)

387

CORROBORATION - Evidence on record and the testimony of PW3 - Corroborate the confessional statement of appellant in exhibit F - Which only a participant in the crime - Would have known and recounted (H3) Azabada v. State (2014) 6 KLR (pt. 349) 2385; (2014) 12 NWLR (Pt.1420) 40

COURT PROCESSES - Abuse - Elections - It is an abuse for 1^st respondent to return to FHC for his Preelection dispute - After his quest at election tribunal to upstage appellant's return had failed (H5) Ikechukwu v. Nwoye (2014) 12 KLR (pt. 355) 3845; (2014) 4 NWLR (Pt.1397) 227

COURT PROCESSES - Abuse - Prevention - To ensure the authority and dignity of court - Court is imbued with power and duty to prevent action - Which constitutes abuse of its process (H13; (2014) 6 NWLR (Pt.1402) 43) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

COURT PROCESSES - Abuse of - Jurisdiction - Courts lack jurisdiction of entertaining incompetent claims - Or those that constitute abuse of their processes (H1) A-G Lagos State v. A-G Federation (2014) 4 KLR (pt. 345) 1519; (2014) 9 NWLR (Pt.1412) 217

COURT PROCESSES - Jurisdiction - Issue of - Determination - Processes to be considered in determining jurisdiction of court over a matter - Are the originating summons and its supporting affidavit - Filed by plaintiffs in present case (H3) APGA v. Anyanwu (2014) 2 KLR (pt. 342) 825; (2014) 7 NWLR (Pt.1407) 541

COURT PROCESSES - Parties - Striking off - Estoppel - Where counsel is allowed to delete party from his process - And all counsel proceed to do so and the case is concluded without objection - All sides are deemed satisfied (H3) Enterprise Bank Ltd. v. Aroso (2014) 9-11 KLR (pt. 353) 3355; (2014) 3 NWLR (Pt.1394) 256

COURT PROCESSES - Service - Time - Service is effected between 6am and 6pm - And except in circumstances as may be authorized by Judge - Service shall not be effected on Sunday or public holiday (H4) Etsako West L.G. Council v. Christopher (2014) 6 KLR (pt. 351) 2699; (2014) 14 NWLR (Pt.1426) 73

COURT PROCESSES - Writ of summons - Service of - Outside jurisdiction - Ekiti HC Rules O. 5 r. 1 - The writ is issued by Registrar - And such a process can only be served outside jurisdiction after leave is obtained (H4) Enterprise Bank Ltd. v. Aroso (2014) 9-11 KLR (pt. 353) 3355; (2014) 3 NWLR (Pt.1394) 256

COURTS - 1999 Constitution - Interpretation - Constitution must be read as a whole - To determine object of the particular provision - Thus resort to ss. 6(1)(5)(6) & 251(1)(a)(b)(q) - Will facilitate proper understanding of s. 232(1) that is in issue (H5) A-G Lagos State v. A-G Federation (2014) 4 KLR (pt. 345) 1519; (2014) 9 NWLR (Pt.1412) 217

COURTS - Abuse of process - Prevention - To ensure the authority and dignity of court - Court is imbued with power and duty to prevent action - Which constitutes abuse of its process (H13; (2014) 6 NWLR (Pt.1402) 43) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

COURTS - Action - Ouster clause - By virtue of Decree 17 of 1984 - Courts have no jurisdiction to adjudicate on anything done - Or purported to have been done pursuant to the Decree (H1) Utomudo v. Military Gov. of Bendel State (2014) 5 KLR (pt. 348) 2223; (2014) 11 NWLR (Pt.1417) 97

COURTS - Action - Party - Joinder of - It is duty of courts to ensure that parties that are likely to be affected by result of action - Are joined accordingly (H2) Azubuike v. PDP (2014) 2 KLR (pt. 341) 487; (2014) 7 NWLR (Pt.1406) 292

COURTS - Action - Standard of proof - Court decides civil matters on balance of probabilities - By placing evidence of both sides on the imaginary scale - And deciding which side's evidence is heavier (H5) Olonade v. Sowemimo (2014) 5 KLR (pt. 347) 1963; (2014) 14 NWLR (Pt.1428) 472

COURTS - Actions - Cause of action - Determination - Cause of action is determined by reference to statement of claim - As court should look at the writ of summons - And averments in statement of claim (H1) Opia v. INEC (2014) 2 KLR (pt. 342) 995; (2014) 7 NWLR (Pt.1407) 431

COURTS - Actions - Cause of action - Determination - Subject matter of claim before court is determined on plaintiff's claim - Per pleadings filed (H1) Anekwe v. Nweke (2014) 4 KLR (pt. 344) 13; (2014) 9 NWLR (Pt.1412) 393

COURTS - Actions - Cause of action - Meaning of - It denotes every fact which it would be necessary for plaintiff to prove - If traversed - To support his right to judgment of the court (H3) Society Bic S.A. v. Charzin Ind. Ltd. (2014) 2 KLR (pt. 341) 665; (2014) 4 NWLR (Pt.1398) 497

COURTS - Actions - Cause of action - Proper parties - Jurisdiction - Cause of action endorsed on writ of summons determines proper parties - And it is only when such parties are before court - That it becomes competent to adjudicate on the suit (H8) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

COURTS - Actions - Commencement - Legal capacity - Non existing person cannot institute action in court - Nor will action be allowed to be maintained against defendant - Who is not a legal person (H3) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

COURTS - Actions - Commencement - Necessary party - Court will not compel plaintiff to proceed against a party he has no desire to prosecute - Save where inter alia justice cannot be done and case properly determined (H4) Mbanefo v. Molokwu (2014) 2 KLR (pt. 341) 579; (2014) 6 NWLR (Pt.1403) 320

COURTS - Actions - Decided issues - Issues once litigated upon should be regarded as forever decided - Except set aside by competent appellate court (H3) Adeyefa v. Bamgboye (2014) 5 KLR (pt. 348) 2049; (2014) 11 NWLR (Pt.1419) 520

COURTS - Actions - Defence - 1999 Constitution s. 36 provides inter alia - That a person shall be entitled to fair hearing within a reasonable time - By court constituted in a manner as to secure its impartiality (H1) Etsako West L.G. Council v. Christopher (2014) 6 KLR (pt. 351) 2699; (2014) 14 NWLR (Pt.1426) 73

COURTS - Actions - Determination - To determine whether or not plaintiff has locus standi - Court should consider his statement of claim (H3) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

COURTS - Actions - Estoppel - Appellants' earlier suit in Customary Court cannot operate as issue estoppel - As there is material difference in evidence in that court - And the one proffered in the High Court (H4) Adeyefa v. Bamgboye (2014) 5 KLR (pt. 348) 2049; (2014) 11 NWLR (Pt.1419) 520

COURTS - Actions - Jurisdiction - CA rightly held that trial court had jurisdiction - To determine respondent's case bordering on - Appellant's refusal to release her academic result (H2) University of Ilorin v. Adesina (2014) 6 KLR (pt. 350) 2595; (2014) 10 NWLR (Pt.1414) 759

COURTS - Actions - Justice - Need for - Courts have duty to do

substantial justice - And allow formal amendment as are necessary - For the ultimate achievement of justice and end of litigation (H2) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

COURTS - Actions - Locus standi - Absence of - Objection - On lack of required locus standi - Ought to have been raised in statement of defence - And may then be taken by court when properly moved to do so (H4) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

COURTS - Actions - Locus standi - Affidavit evidence - Determination - Trial court rightly considered the evidence with annexures - Along with statement of claim - To be satisfied that no sufficient interest was disclosed by plaintiffs to entitle them to locus standi (H5) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

COURTS - Actions - Locus standi - Basis - If statement of claim discloses no personal sufficient interest in subject matter of case - Plaintiff will have no locus to institute action - And court will have no jurisdiction to entertain same (H2) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

COURTS - Actions - Locus standi - Meaning of - Is the legal capacity of plaintiff to institute action in court - In exercise of plaintiff's constitutional right (H1) Bakare v. Ajose-Adeogun (2014) 1 KLR (pt. 339) 75; (2014) 6 NWLR (Pt.1403) 320

COURTS - Actions - Necessary party - Non joinder of such party in a suit - Is an irregularity that does not affect jurisdiction of court - To adjudicate on the matter before it (H8) Azuh v. UBN Plc. (2014) 5 KLR (pt. 346) 1753; (2014) 11 NWLR (Pt.1419) 580

COURTS - Actions - Proof - Burden of - Determination - Burden of proof arises where there are issues in dispute between parties - And to discover where the burden lies - Court must consider the pleadings (H1) Okoye v. Nwankwo (2014) 6 KLR (pt. 351) 2717; (2014) 15 NWLR (Pt.1429) 93

COURTS - Actions - Standard of proof - Court decides civil matters on balance of probabilities - By placing evidence of both sides on the imaginary scale - And deciding which side's evidence is heavier (H5) Olonade v. Sowemimo (2014) 5 KLR (pt. 347) 1963; (2014) 14 NWLR (Pt.1428) 472

COURTS - Actions - Statement of claim - Reply - Determination - Before court decides whether or not there is reply to suit - In respect

of averment in statement of claim - It must consider pleadings of parties (H5) Okoye v. Nwankwo (2014) 6 KLR (pt. 351) 2717; (2014) 15 NWLR (Pt.1429) 93

COURTS - Actions - Statute barred - Determination - To consider whether enforcement of legal right is statute barred - Court should confine itself to averments in the writ of summons and statement of claim (H9) Mulima v. Usman (2014) 12 KLR (pt. 355) 3889; (2014) 16 NWLR (Pt.1432) 160

COURTS - Actions - Statute barred - Materials to consider - To determine such action - Court looks at writ of summons and statement of claim - And compares date of cause of action - With date on which writ was filed (H2) A-G Adamawa State v. A-G Federation (2014) 6 KLR (pt. 349) 2303; (2014) 14 NWLR (Pt.1428) 515

COURTS - Adjournments - Application - Denial of - Court rightly exercised its discretion in interest of justice by rejecting counsel's application - As there was no valid ground to grant the adjournment (H3) Mfa v. Inongha (2014) 1 KLR (pt. 339) 155; (2014) 4 NWLR (Pt.1397) 343

COURTS - Affidavit - Issue - Resolution - Having found that entire records are not before it - And that originating summons are heard on affidavit - CA ought to have resolved the issue on affidavit (H6) Danladi v. Dangiri (2014) 9-11 KLR (pt. 353) 3295; (2015) 2 NWLR (Pt.1442) 124

COURTS - Affidavits - Averments - Not challenged - Fate - Such uncontroverted averments are deemed admitted - And court must act on them as being true (H5) Yardua v. Yandoma (2014) 12 KLR (pt. 354) 3661; (2015) 4 NWLR (Pt.1448) 123

COURTS - Agreements - Terms - Binding nature - Whenever parties enter into agreement in writing - They are bound by its terms - And neither the parties nor court is legally allowed - To read into the agreement terms not agreed upon (H4) Uwah v. Akpabio (2014) 2 KLR (pt. 341) 707; (2014) 7 NWLR (Pt.1407) 472

COURTS - Appeals - Abuse of process - Leave granted 1^st respondent to appeal against decision of FHC - On subject matter that has been dismissed by SC - Is gross abuse of process (H12) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

COURTS - Appeals - Actions - Commencement - Wrong name - Where parties are not in doubt as to parties to appeal - Wrongful heading of the appeal does not affect competency of court - To hear same on merit (H5) Regd. Trustees of Airline Operators of Nig. v.

N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

COURTS - Appeals - Brief - Amendment - Meaning - Amendment in present context - Connotes a correction of errors in the process before court - Or including in it what was not originally there (H5) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

COURTS - Appeals - Brief - Drafting - Badly drafted brief should not be struck out - But court should strive to understand the brief - Bearing in mind its duty to do substantial justice to parties (H2) Adejumo v. Olawaiye (2014) 7 KLR (pt. 352) 2869; (2014) 12 NWLR (Pt.1421) 252

COURTS - Appeals - Conviction - Correctness of - Having held that there were no material contradiction in prosecution's case - CA rightly affirmed conviction of appellant (H6) Emeka v. State (2014) 6 KLR (pt. 351) 2675; (2014) 6 NWLR (Pt.1403) 320

COURTS - Appeals - Court of Appeal - Power - Court of Appeal Act s. 16 - CA can exercise its full jurisdiction over the whole proceedings - As if the same has been instituted in the court - As court of first instance (H8) Etsako West L.G. Council v. Christopher (2014) 6 KLR (pt. 351) 2699; (2014) 14 NWLR (Pt.1426) 73

COURTS - Appeals - Date - Proceedings of CA on 7/5/2005 in the matter is a nullity - As the court was bereft of jurisdiction in the matter on that day - Two days service interval not having elapsed (H7) Etsako West L.G. Council v. Christopher (2014) 6 KLR (pt. 351) 2699; (2014) 14 NWLR (Pt.1426) 73

COURTS - Appeals - Discretion - Exercise of - Supreme Court rarely interferes with discretion exercised by lower courts - Save where such exercise was based on extraneous issues - Or was not bona fide (H2) Integration Nig. Ltd. v. Zumafon Nig. Ltd. (2014) 1 KLR (pt. 340) 311; (2014) 4 NWLR (Pt.1398) 479

COURTS - Appeals - Discretion - Interference - For appellate court to interfere with exercise of discretion - It must be shown that the discretion was based on wrong principles of law - Or that miscarriage of justice resulted (H15) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

COURTS - Appeals - Election petitions - Court of Appeal - Jurisdiction - By the nature of relief (b) on Exhibit E - CA ought to be put on guard that the subject matter of the appeal - Was not within its jurisdiction (H10) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

COURTS - Appeals - Election petitions - Gubernatorial - Final court - By 1999 Constitution s. 235 - Decision of SC is final in such election matters - And CA is duty bound by s. 287 to give effect to judgments of SC (H7) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

COURTS - Appeals - Enlargement of time - Application for - Fair hearing - In considering the application - Court must also consider any counter affidavit of respondent before arriving at a decision - As failure to so do is clear denial of fair hearing to respondent (H3) CITEC Intn'l Estate Ltd. v. Francis (2014) 2 KLR (pt. 342) 907; (2014) 8 NWLR (Pt.1408) 139

COURTS - Appeals - Erroneous finding - CA finding that appellant's ground of appeal and issues therefrom - Which query trial court's non consideration of appellant's defence of marriage are incompetent - Is an error to appellant (H5) Nguma v. A-G Imo State (2014) 2 KLR (pt. 342) 955; (2014) 7 NWLR (Pt.1405) 119

COURTS - Appeals - Evidence - Evaluation - Judgment - Delay in delivery - 1999 Constitution s. 294 applies more to judgments of trial courts - And not to appellate courts - Which can rarely be said to have lost touch of printed records - Placed before them (H3) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

COURTS - Appeals - Evidence - Evaluation - Where assessment of credibility of witnesses is not involved - Appellate court can make evaluations which are of law - And on the basis of pleadings of parties and evidence (H1) Anyafulu v. Meka (2014) 2 KLR (pt. 342) 763; (2014) 7 NWLR (Pt.1406) 396

COURTS - Appeals - Evidence - Evaluation - Where trial court unquestionably evaluates evidence - CA cannot interfere once there is sufficient evidence on record - From which trial court arrived at its findings of facts (H1) Gbileve v. Addingi (2014) 1 KLR (pt. 340) 281; (2014) 16 NWLR (Pt.1433) 394

COURTS - Appeals - Evidence - Re evaluation - Where trial court failed to properly evaluate evidence - Appellate court is competent to re evaluate - In order to obviate miscarriage of justice (H2) Nguma v. A-G Imo State (2014) 2 KLR (pt. 342) 955; (2014) 7 NWLR (Pt.1405) 119

COURTS - Appeals - Extension of time - Application - Determination of - Duty of appellate court is limited to ensuring that grounds are arguable - And not deciding the merit of the grounds (H5) Anachebe

v. Ijeoma (2014) 6 KLR (pt. 349) 2363; (2014) 14 NWLR (Pt.1426) 168

COURTS - Appeals - Facts - Consideration - Court has duty to holistically consider all relevant facts presented before it - As revealed on the records of appeal (H5) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

COURTS - Appeals - Finding - Decision of CA in this case - Is that facts which led to the judgment appealed against - Constitute issue estoppel as distinct from res judicata - Which robs court of jurisdiction (H4) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

COURTS - Appeals - Finding - Failure to challenge - As there is no appeal against finding that Aketula was one of direct sons of Kuje - Respondents are deemed to have accepted the finding as correct (H9) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

COURTS - Appeals - Findings - Correctness of - Trial court's findings with respect to the disputed land and the one in 1957 suit - Was based on pleadings and evidence before it (H12) Onovo v. Mba (2014) 6 KLR (pt. 351) 2761; (2014) 14 NWLR (Pt.1427) 397

COURTS - Appeals - Findings - Interference - Appellate court does not disturb findings made by trial court - Unless such findings occasioned miscarriage of justice - Or are perverse (H2) Awodi v. Ajagbe (2014) 12 KLR (pt. 355) 3787; (2015) 3 NWLR (Pt.1447) 578

COURTS - Appeals - Findings - Not appealed - Appellant did not appeal against finding made by trial court and affirmed by CA - Hence he is deemed to have accepted same - And cannot be heard on appeal to SC (H7) Adebesin v. State (2014) 4 KLR (pt. 345) 1489; (2014) 9 NWLR (Pt.1413) 609

COURTS - Appeals - Fresh issue - Leave - Party wishing to raise fresh issue before appellate court - Must first obtain leave - Otherwise such issue is incompetent and liable to be struck out (H2) Usman v. State (2014) 5 KLR (pt. 348) 2189; (2014) 12 NWLR (Pt.1421) 207

COURTS - Appeals - General damages - Award - Interference - Appellate court does not interfere - Save it is satisfied that trial court had acted upon wrong principle - Or that amount awarded was so large or so small (H2) UBN Plc. v. Chimaeze (2014) 4 KLR (pt. 344) 1457; (2014) 9 NWLR (Pt.1411) 166

COURTS - Appeals - General damages - Award - Interference - Jus

tification - CA rightly interfered as damages awarded in the claim is aggravated - Not only for inconvenience caused respondent - But for loss incurred following wrongful dishonour of his cheque (H3) UBN Plc. v. Chimaeze (2014) 4 KLR (pt. 344) 1457; (2014) 9 NWLR (Pt.1411) 166

COURTS - Appeals - Grounds - Basis - Grounds must relate to judgment of court appealed from - And any complaint that does not flow from the decision - Cannot be legitimately entertained (H1) Olonade v. Sowemimo (2014) 5 KLR (pt. 347) 1963; (2014) 14 NWLR (Pt.1428) 472

COURTS - Appeals - Grounds - Competence of - As the issues and grounds relate to CA - With respect to the judgment of trial court - The preliminary objection is without merit and is dismissed (H3) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

COURTS - Appeals - Grounds - Issues - Proliferation - Court frowns at proliferation of issues - As it is proliferation to raise more than one issue from one ground - And to raise six grounds each complaining of breach of fair hearing - All culminating in single issue (H8) Mfa v. Inongha (2014) 1 KLR (pt. 339) 155; (2014) 4 NWLR (Pt.1397) 343

COURTS - Appeals - Grounds - Mixed law & facts - Leave - In other subject matter not covered by 1999 Constitution s. 241(1) - Aggrieved party may have to seek for leave of the HC or CA - To appeal (H4) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

COURTS - Appeals - Grounds - Obiter dictum - Objection on ground 3 is sustained - As it is clear that the ground challenges obiter dictum of the Court of Appeal (H9) Gwede v. INEC (2014) 9-11 KLR (pt. 353) 3389; (2014) 18 NWLR (Pt.1438) 56

COURTS - Appeals - Grounds - Objection - The preliminary objection is misconceived - As the grounds having raised the issue of jurisdiction of court - Is purely of law and competent (H3) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

COURTS - Appeals - Grounds - Validity - Objection on ground one is untenable - As the ground encapsulates CA's reasons for decision - And it is not an obiter but a decision which is appealable (H3) Sheidu v. State (2014) 6 KLR (pt. 349) 2407; (2014) 15 NWLR (Pt.1429) 1

COURTS - Appeals - Grounds of law - The ground being on jurisdiction of trial court to hear and determine the matter - Is a ground of

law for which leave of court is not required before it is filed (H8) Gwede v. INEC (2014) 9-11 KLR (pt. 353) 3389; (2014) 18 NWLR (Pt.1438) 56

COURTS - Appeals - Hearing - Preliminary objection - Non compliance - Where respondent fails to comply with the rule - Court may either refuse to entertain the objection - Or adjourn hearing at the cost of respondent (H9) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

COURTS - Appeals - Hierarchy of - CA is an intermediary court between HC and SC - And SC has no jurisdiction to hear appeal direct from HC - Or to make an order bypassing position of CA (H2) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

COURTS - Appeals - Issue - Determination of - CA being an intermediate court - Has duty to consider issue of jurisdiction and all others - And it should not restrict itself to one or more issues (H2) Adegbuyi v. APC (2014) 12 KLR (pt. 355) 3733; (2015) 2 NWLR (Pt.1442) 1

COURTS - Appeals - Issue - Fair hearing - Breach - Allegation - CA did not raise the issue suo motu in view of evidence in the record - Hence appellants' right to fair hearing was never breached (H2) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

COURTS - Appeals - Issue - Suo motu raising - Court is not permitted to so raise issue without hearing from parties - As such runs counter to the impartial status expected of a Judge (H1) Jev v. Iyortyom (2014) 7 KLR (pt. 352) 2989; (2014) 14 NWLR (Pt.1428) 575

COURTS - Appeals - Issues - Argument on - Where appellant proffers argument on issue properly distilled - Whether or not the argument is correct - Is left for court to determine (H2) Sheidu v. State (2014) 6 KLR (pt. 349) 2407; (2014) 15 NWLR (Pt.1429) 1

COURTS - Appeals - Issues - Binding nature - Court is bound to confine itself to case and issues presented by parties - And it has no business considering issue not properly brought before it (H9) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

COURTS - Appeals - Issues - Determination - Once an issue joined by parties is clear - Court in order to do substantial justice - Should not restrict itself to the manner of presentation of counsel's argument (H2) Danladi v. Dangiri (2014) 9-11 KLR (pt. 353) 3295; (2015) 2 NWLR (Pt.1442) 124

COURTS - Appeals - Issues - Estoppel - Appellants' contention here - Is based on mere technicality - As estoppel was a live issue presented before the courts for determination (H11) Akoma v. Osenwokwu (2014) 5 KLR (pt. 347) 1915; (2014) 11 NWLR (Pt.1419) 462

COURTS - Appeals - Issues - Formulation - Outside grounds - Fate - Issue not related or based on grounds of appeal is incompetent and completely valueless - And must be ignored by appellate court (H2) Society Bic S.A. v. Charzin Ind. Ltd. (2014) 2 KLR (pt. 341) 665; (2014) 4 NWLR (Pt.1398) 497

COURTS - Appeals - Issues - Formulation by court - Appellate court has discretion to modify or formulate issue(s) - Which in its view would fairly resolve complaints in appeal (H1) Emeka v. State (2014) 6 KLR (pt. 351) 2675; (2014) 6 NWLR (Pt.1403) 320

COURTS - Appeals - Issues - Not raised at trial - Fate - Where an issue is not raised and pronounced upon by trial court - The same cannot be validly raised as a ground of appeal before appellate court (H9) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420) 96

COURTS - Appeals - Issues - Proliferation of - Is frowned upon by appellate courts - As an issue may be distilled from more than one ground - But it is improper to formulate more than one issue from a ground (H2) Egbirika v. State (2014) 1 KLR (pt. 339) 123; (2014) 4 NWLR (Pt.1398) 558

COURTS - Appeals - Issues - Suo motu raising - CA wrongfully raised the issue of irregular nomination of appellant - Without calling for addresses of counsel on the matter - And proceeding to arrive at a decision on same (H6) Gwede v. INEC (2014) 9-11 KLR (pt. 353) 3389; (2014) 18 NWLR (Pt.1438) 56

COURTS - Appeals - Joinder of party - CA rightly interfered with discretion of trial court that refused application for joinder of 1^st respondent - As 1^st respondent disclosed sufficient interest in its application (H5) Azubuike v. PDP (2014) 2 KLR (pt. 341) 487; (2014) 7 NWLR (Pt.1406) 292

COURTS - Appeals - Judgment - Correctness of - Having failed to show that CA's decision is perverse - Appellant's appeal cannot be adjudged meritorious - And the same is dismissed (H7) Ajayi v. State (2014) 6 KLR (pt. 349) 2343; (2014) 14 NWLR (Pt.1426) 1

COURTS - Appeals - Judgment - Correctness of - Once CA's decision

is correct - SC cannot set it aside on the ground that reasons for the decision are wrong - As what matters is the conclusion arrived at (H1) Eligwe v. Okpokiri (2014) 12 KLR (pt. 355) 3815; (2015) 2 NWLR (Pt.1443) 348

COURTS - Appeals - Judgment - Criticism - Where trial Judge makes a mistake in his judgment - It is enough for counsel to demonstrate the error for appellate court to correct - Without putting to question the impartiality and integrity of the Judge (H7) Society Bic S.A. v. Charzin Ind. Ltd. (2014) 2 KLR (pt. 341) 665; (2014) 4 NWLR (Pt.1398) 497

COURTS - Appeals - Judgment - Error - Effect - Complaint of appellant about error in CA judgment is trivial - And not prejudicial to his substantial right - As it did not affect final outcome of the case (H5) Adebesin v. State (2014) 4 KLR (pt. 345) 1489; (2014) 9 NWLR (Pt.1413) 609

COURTS - Appeals - Judgment - Error in - Effect - It is not every error of law committed by trial or appellate court - That justifies reversal of the particular court's judgment on appeal (H2) Olonade v. Sowemimo (2014) 5 KLR (pt. 347) 1963; (2014) 14 NWLR (Pt.1428) 472

COURTS - Appeals - Jurisdiction - Damages - In absence of appeal the trial court's judgment remains inviolate - And SC has no jurisdiction since it handles appeals from CA and not from HC (H8) Enterprise Bank Ltd. v. Aroso (2014) 9-11 KLR (pt. 353) 3355; (2014) 3 NWLR (Pt.1394) 256

COURTS - Appeals - Jurisdiction - Extension of time - Application - Even if no good reasons for delay are before court - The application will be granted if a good ground for appeal is on jurisdiction (H7) Ngere v. Okuruket `XIV' (2014) 7 KLR (pt. 352) 3091; (2014) 11 NWLR (Pt.1417) 147

COURTS - Appeals - Leave - Magit's case - Respondent who incorporated objection in his brief - Needs leave of court to move the objection before the hearing of substantive appeal (H11) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

COURTS - Appeals - Leave - Right of appeal - Exercise of - Is permissible within limit as provided by law - Otherwise it can only be exercisable by leave of court (H2) Anachebe v. Ijeoma (2014) 6 KLR (pt. 349) 2363; (2014) 14 NWLR (Pt.1426) 168

COURTS - Appeals - Notice of appeal - Signing - Court's discretion -

Where court is satisfied that it was impossible for appellant to sign in criminal appeal - Discretion would be exercised in favour of appellant - And appropriate orders made for him to proceed (H4) Iwunze v. FRN (2014) 2 KLR (pt. 342) 931; (2014) 6 NWLR (Pt.1404) 580

COURTS - Appeals - Party - Consistency - Appellant having contended at trial court that the services - Were part of what they paid for under Ticket Sales Charge - Cannot set up a new case other than that which it presented at trial court (H13) Regd. Trustees of Airline Operators of Nig. v. N.A.M.A. (2014) 2 KLR (pt. 341) 617; (2014) 8 NWLR (Pt.1408) 1

COURTS - Appeals - Perverse finding - Meaning - Finding is perverse where it runs counter to evidence on record - Or where court considered matters it ought not to have considered - And SC does not hesitate to set aside such finding (H4) Chukwu v. INEC (2014) 2 KLR (pt. 342) 857; (2014) 10 NWLR (Pt.1415) 385

COURTS - Appeals - Perverse finding - Meaning of - Decision is perverse when court ignores facts or evidence before it - Which lapse when considered as a whole constitutes a miscarriage of justice (H1) UBN Plc. v. Chimaeze (2014) 4 KLR (pt. 344) 1457; (2014) 9 NWLR (Pt.1411) 166

COURTS - Appeals - Preliminary objection - Failure to react - Odunze v. Nwosu - Does not imply sustaining the objection without more - As court is not precluded from considering merit and demerit therein (H2) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

COURTS - Appeals - Reply brief - Objection - Basis - There ought to have been specific reference to portion of the judgment affirmed by CA - As it is not for SC to substantiate the assertion of appellants' counsel (H15) Husseni v. Mohammed (2014) 12 KLR (pt. 354) 357; (2015) 3 NWLR (Pt.1445) 100

COURTS - Appeals - Retrial - Court of Appeal - Powers of - The court being a creature of statute - Is empowered by s. 19(2) of its Act - To order acquittal or retrial of appellant - If it allows appeal against conviction (H2) Omosaye v. State (2014) 1 KLR (pt. 339) 185; (2014) 6 NWLR (Pt.1404) 484

COURTS - Appeals - Retrial - Validity of - By the justice of this cases - Lower Court rightly ordered a retrial - Notwithstanding that appellant's trial had been declared a nullity (H3) Omosaye v. State (2014) 1 KLR (pt. 339) 185; (2014) 6 NWLR (Pt.1404) 484

COURTS - Appeals - Right of appeal - By 1999 Constitution ss. 241(1)

& 242(2) - Party aggrieved with decision of court - Has a right of appeal - Conferred on him by the Constitution (H3) Kakih v. PDP (2014) 7 KLR (pt. 352) 3037; (2014) 15 NWLR (Pt.1430) 374

COURTS - Appeals - Right of appeal - Estoppel - The appeal is caught by lapse of time under 1999 Constitution s. 285(7) - As 1^st respondent who had challenged the election up to SC - Can no longer re-litigate his case as Preelection matter at CA (H9) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

COURTS - Appeals - Right of appeal - Grounds of law - Appeal from final or interlocutory decision of CA to SC is as of right - Where the ground involves question of law alone (H2) Okorocha v. PDP (2014) 1 KLR (pt. 340) 357; (2014) 7 NWLR (Pt.1406) 213

COURTS - Appeals - Wrongful admission - Judgment would not be reversed - On account of trial court accepting inadmissible evidence - When that evidence did not occasion miscarriage of justice (H6) Adeyemi v. State (2014) 6 KLR (pt. 349) 2271; (2014) 13 NWLR (Pt.1423) 132

COURTS - Armed robbery - Robbery & Firearms Act s. 2(2)(b) - Once court finds that case proved against accused falls under s. 2(2)(b) - He can be sentenced to life imprisonment - Not withstanding the section under which he was tried and convicted (H8) Adebesin v. State (2014) 4 KLR (pt. 345) 1489; (2014) 9 NWLR (Pt.1413) 609

COURTS - Bail - Terms of - Amendment - Application to vary bail conditions cannot be entertained by court of concurrent jurisdiction - Rather prosecution should apply to the court that granted bail (H7) Azuh v. UBN Plc. (2014) 5 KLR (pt. 346) 1753; (2014) 11 NWLR (Pt.1419) 580

COURTS - Bias - Allegation of - Is a factor vitiating proceedings - And if such allegation against a Judge is substantial - The Judge should disqualify himself from proceeding with the matter (H3) Adebesin v. State (2014) 4 KLR (pt. 345) 1489; (2014) 9 NWLR (Pt.1413) 609

COURTS - Capital offence - Guilty plea - Where accused pleads guilty to charge in capital offence - Court would enter plea of not guilty - Whereupon full trial would be conducted (H6) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

COURTS - Charges - Guilty plea - Interpreter - Record of - Where accused pleads guilty his plea shall be recorded - As nearly as possible in words used by him - But where there is interpreter - Court records what is interpreted (H1) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

COURTS - Charges - Plea - Irregularity - Effect - Appellant having stated that he understood the charge - Failure of court to strictly follow requirements of CPC s. 242(2)(4) - Cannot vitiate the proceedings - As it is a mere irregularity (H4) Umar v. State (2014) 6 KLR (pt. 349) 2439; (2014) 13 NWLR (Pt.1425) 497

COURTS - Charges - Plea - Record of - CPA s. 218 specifically provides that plea shall be recorded as nearly as possible - Hence there is no legal requirement that exact words used by accused must be recorded (H2) FRN v. Mohammed (2014) 3 KLR (pt. 343) 1079; (2014) 9 NWLR (Pt.1413) 551

COURTS - Charges - Plea - Where accused pleads guilty and intends to admit all essentials of the offence - Court shall convict save in capital offence (H1) Nkie v. FRN (2014) 5 KLR (pt. 348) 2073; (2014) 13 NWLR (Pt.1424) 305

COURTS - Chieftaincy matters - Registered declaration - Fair hearing - Court can invalidate the declaration where the making breaches right to fair hearing - Or where it offends any Constitutional provision (H7) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

COURTS - Chieftaincy matters - Registered declaration - Interpretation - Duty of court is to apply provisions of the declaration to facts of the case - As established by evidence (H5) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

COURTS - Chieftaincy matters - Registered declaration - Setting aside - Although court cannot promulgate the declaration - But can set it aside where the same does not correctly declare - Chieftaincy custom and tradition of area concerned (H6) Olarenwaju v. Oyesomi (2014) 4 KLR (pt. 344) 1417; (2014) 11 NWLR (Pt.1418) 258

COURTS - Company - Winding up - Mode of - Three modes of winding up are by court - Voluntarily - Or subject to the supervision of the court (H3) Oredola Okeya Trading Co. v. Bank of Credit & Commerce Intn'l (2014) 1 KLR (pt. 339) 211

COURTS - Company law - Liquidator - Action - Locus standi - By CAMA s. 425 - Liquidator in a winding up by court can bring and defend action - Subject to sanction of the court or committee of inspection (H6) Oredola Okeya Trading Co. v. Bank of Credit & Commerce Intn'l (2014) 1 KLR (pt. 339) 211

COURTS - Competence of - Madukolu v. Nkemdilim - Court is competent to exercise jurisdiction where inter alia - It is properly consti

tuted - Subject matter of action is within its jurisdiction - And the action is initiated by due process of law (H2) Mba v. State (2014) 4 KLR (pt. 345) 1599; (2014) 10 NWLR (Pt.1415) 316

COURTS - Competence of - When jurisdiction is raised - Court considers its constitution - Subject of the case and whether the case was initiated by due process of law (H2) Yardua v. Yandoma (2014) 12 KLR (pt. 354) 3661; (2015) 4 NWLR (Pt.1448) 123

COURTS - Confession - Admissibility - Appellant's statement tendered and admitted without objection - Is truly confessional and was legally admitted in evidence by trial court (H11) Adebayo v. State (2014) 5 KLR (pt. 346) 1659; (2014) 12 NWLR (Pt.1422) 613

COURTS - Confession - Co accused - Where more persons are jointly charged - Court shall not consider statement made by one in the presence of another - As affecting that other person - Unless the other adopts the statement by words or conduct (H7) Jimoh v. State (2014) 3 KLR (pt. 343) 1165

COURTS - Confession - Conviction - Confession - Court can convict solely on confessional statement of accused - Provided same was given freely and voluntarily - And without equivocation (H3) Mohammed v. State (2014) 5 KLR (pt. 346) 1789; (2014) 12 NWLR (Pt.1421) 387

COURTS - Confession - Conviction - Once court is satisfied as to the truth of a confession - It can solely rely on same to ground a conviction - Despite retraction from accused (H1) Adisa v. State (2014) 12 KLR (pt. 354) 3543; (2015) 4 NWLR (Pt.1450) 475

COURTS - Confession - Retraction - Where accused retracts his confession - Trial court should look for other external evidence which corroborates - And shows that the confession is true (H2) Saliu v. State (2014) 7 KLR (pt. 352) 311; (2014) 12 NWLR (Pt.1420) 65

COURTS - Confession - Retraction - Where there is retraction in court - Corroboration however slight must be brought - But mere retraction does not render statement inadmissible - As it only affects weight to be attached (H6) Okoh v. State (2014) 3 KLR (pt. 343) 1251; (2014) 8 NWLR (Pt.1410) 502

COURTS - Confession - Test - Court should inter alia determine whether - There is anything outside the confession that makes it true - And that accused had opportunity of committing the offence (H4) Ogedengbe v. State (2014) 6 KLR (pt. 350) 2511; (2014) 12 NWLR (Pt.1421) 338

COURTS - Contracts - Illegal contract - Where contract is ex facie illegal - Court will refuse to enforce such transaction - Even where illegality has not been pleaded (H4) Corporate Ideal Insurance Ltd. v. Ajaokuta Steel Co. Ltd. (2014) 2 KLR (pt. 341) 519; (2014) 7 NWLR (Pt.1405) 165

COURTS - Contracts - Terms - Binding nature - Court must respect the sanctity of contract made by parties - And will not allow a term on which there is no agreement to be read into the contract (H1) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420) 96

COURTS - Contracts - Written contract - Variation - Appellant cannot now be allowed - To justify his additional award of damages - As extrinsic evidence will not be given to alter the effect of written contract (H2) Idufueko v. Pfizer Products Ltd. (2014) 7 KLR (pt. 352) 2957; (2014) 12 NWLR (Pt.1420) 96

COURTS - Conviction - Confession - Although it is desirable that conviction be based on evidence outside confession - Court can convict solely on voluntary and unequivocal confession (H5) Ajayi v. State (2014) 6 KLR (pt. 349) 2343; (2014) 14 NWLR (Pt.1426) 1

COURTS - Conviction - Confession - Corroboration - Though desirable it is not a necessity - That corroborative evidence outside confession - Must exist before court convicts accused (H2) Ogedengbe v. State (2014) 6 KLR (pt. 350) 2511; (2014) 12 NWLR (Pt.1421) 338

COURTS - Conviction - Confession - Direct and positive voluntary confession of guilt by accused - Is sufficient to warrant his conviction without corroboration - Provided court is satisfied of the truth (H10) Adebayo v. State (2014) 5 KLR (pt. 346) 1659; (2014) 12 NWLR (Pt.1422) 613

COURTS - Conviction - Confession - Validity - Once it is satisfied about truth therein - Court can safely and without corroboration - Convict on voluntary confession which is direct and positive (H3) Nguma v. A-G Imo State (2014) 2 KLR (pt. 342) 955; (2014) 7 NWLR (Pt.1405) 119

COURTS - Conviction - Confession - Voluntary confession if fully consistent - And there is proof that crime has been committed by accused - Is satisfactory evidence (H4) Nkie v. FRN (2014) 5 KLR (pt. 348) 2073; (2014) 13 NWLR (Pt.1424) 305

COURTS - Conviction - Guilty plea - CPA s. 285(2) - Once accused understands charge and intends to admit offence - In the absence of