...   "It is also trite that the mere mentioning of the area is not enough; the description and extent of the boundaries must be proved with exactitude. See the case of Ijama Otika Odicha v. Oga Chibogwu (1994) 7-8 SCNJ 317 at 324-325. The test of certainty and precision is of necessity to ensure whether a surveyor can from the evidence before the trial court produce an accurate plan of such land. See again the cases of Mark Ugbo & ors. v. Anthony Aburime (1994) 9 SCNJ 23 at 34, and Ahwedjo ...

...ss - Respondents were the Appellant and 2nd Respondent in the said main appeal, respectively.It is trite, the vexed judgment of the Court below was to the following conclusive effect :I hold therefore that the 1st Defendant breached the contract it had with the plaintiff when it failed to pay for service rendered to it (1st Defendant) as per the claims in Exhibit 23, which was not disputed upon entering into a conflicting contract with the 2nd Defendant though with the ratification of the plaint ...

...th documentary and oral, the decision of the Court would have been in his favor. See, Ojokolobo vs. Alamu (1998) 9 NWLR (pt. 565) 226, Baba vs. NCATC Zaria (1991) 5 NWLR (pt. 192) 388, Agbi vs. Ogbeh (2006) ALL FWLR (pt. 329) 941, Opu-Ado vs. Abere (2017) ALL FWLR (pt. 910) 195 @ 231 per Lawal Garba JCA. In other words, the appellant has the onus of satisfying the appellate Court that the decision on appeal is wrong, and where he fails, the decision appealed on stands. See Obodo vs. Ogba (1987) ...

... exercise of their right of appeal triggered off two other rights - their right to the fair hearing of their appeal and the right that the appeal would be heard within a reasonable time both of which are guaranteed by Section 36(1) of the Constitution. The former, that is - the right to fair hearing, being a private right of sole benefit to the litigant can be waived by the litigant himself: ARIORI v. ELEMO (1983) LPELR - 552 (SC). The right to speedy trial is rather complex, as it does not lie ...

...nt's Brief of Argument is final, the dismissal order being one deemed to be on the merits: ASALU & ORS. v. DAKAN & ORS. (2006) LPELR - 573 (S.C); KRAUS THOMPSON ORG. v. NIPSS (2004) 5 S.C (Pt. 1) 16. on the other hand, an incompetent appeal can only be struck out and not dismissed on the merits." Per EKO, J.S.C. (Pp. 26-27, Paras. E-D) 5. COURT - JURISDICTION: When is a Court competent to exercise jurisdiction over a suit "This Court has long settled the principle that a Court has jurisdicti ...

...17-18, Paras. B-F) 2. EVIDENCE - BURDEN OF PROOF/ONUS OF PROOF: Whether a plaintiff can rely on the weakness in the case of the defendant to prove his own case in an action for declaration of title   "In order to establish a claim for declaration of title, the claimant has the burden of proving his claim by a preponderance of evidence. He must succeed on the strength of his own case and not the weakness of the defence, if any. It is also settled that he would not be entitled to a decla ...

...F-D) KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Lead Ruling): The appellant, Chief Oladipo Akanni Olumuyiwa Williams, SAN who is representing himself in this appeal, filed a Motion on Notice on 22 May, 2017 praying for leave of this Honourable Court to hear the appeal on the appellant's brief alone. Other processes filed on the same date were the Notice of Appeal and the Appellant's brief. The grounds for the application were given as:- (a) The time within which the respondents ought to file ...

...im and pleaded that he should continue representing the accused. When the Court sought for the accused's response, the accused/appellant said it was his brother who said he was going to get another lawyer for him. The mother thereupon, told the Court that she wanted A. Adeniyi to continue to defend her son, hence the trial Court acceded to her request and asked A. Adeniyi, Esq. to proceed with their defence. In my view, there was no imposition of Barr. A. Adeniyi on the accused/appellant because ...

...proof of the specifically pleaded facts in relation to the sum claimed. Where items of special damages are not specified and strictly proved as in the instant case, recovery of same will not be granted. See Anyanwu & Ors V. Uzowuaka & Ors (2009) 13 NWLR (Pt. 1159) 445, Nwanji V. Coast Services (Nig) Ltd (2004) LPELR-2106 (SC)." Per MUHAMMAD, J.S.C. (Pp. 20-21, Paras. E-A) (...read in context) 4. DAMAGES - SPECIAL DAMAGES: Whether a claim for special damages must be specifically pleaded and stri ...

...eaded negligence and gave particulars of the alleged negligence. At paragraph 6 of the said statement of claim, the Appellant sought for the invocation of the doctrine of res ipsa loquitor. The trial Judge applied the doctrine of res ipsa loquitor, even though the Respondents called evidence to deny any alleged negligence or liability on their part leading to the fire disaster that damaged the Appellant's fuel station. In the light of the available evidence, the lower Court was right when it hel ...

...eaded negligence and gave particulars of the alleged negligence. At paragraph 6 of the said statement of claim, the Appellant sought for the invocation of the doctrine of res ipsa loquitor. The trial Judge applied the doctrine of res ipsa loquitor, even though the Respondents called evidence to deny any alleged negligence or liability on their part leading to the fire disaster that damaged the Appellant's fuel station. In the light of the available evidence, the lower Court was right when it hel ...

...aim was a declaration that the order ...... was ultra vires and that the same constituted a violation of his fundamental rights to personal liberty, privacy and freedom to move freely throughout Nigeria ...... However, where the main or principal claim is not the enforcement or securing the enforcement of a fundamental right, the jurisdiction of the Court cannot as has been pointed out above, be properly exercised, as it will be incompetent by reason of the foregoing feature of the case. " Per O ...

...rties and not under any statute? Where the servant is sought to be removed in a contract with statutory flavor, that is, a contract of employment wherein the procedures for employment and discipline, including dismissal, are clearly spelt out, such a contract must be terminated in the way and manner prescribed by the statute. Any other manner of termination which is inconsistent with the relevant statute is void and has no effect. However, in other cases governed only by agreement of the parties ...

..." Per Peter-Odili, JSC. (Page. 27, Paragraphs. B-E). In OSUAGWU vs. THE STATE (2016) LPELR-40836 (SC), this Court, Per Nweze, JSC, (Pages 31-33, Paragraphs. F-E) referenced the exposition of Niki Tobi JSC (Blessed memory) in FATAI OLAYINKA vs. THE STATE, 30 NSCQR 149, 172 - 173, Niki Tobi JSC (supra) observed that:- "What makes an offence under the Act, in which the accused persons are charged, one of the armed robbery is the use of firearms as offensive weapon. Now the proof of corpus delicit ( ...

...e law is now well settled that where an offence is charged and facts are proved which reduce it to a lesser offence, the accused may be convicted of a lesser offence although he was not charged with it. This is because the Criminal Procedure Code Section 179(1) has provided for the trial Court or appeal Court to substitute a conviction for a lesser offence on a charge for an offence containing several particulars where only such particulars as made up of the lesser offence were proved. I place r ...

...of the powers conferred on him. The award was made after the appellant was properly convicted of the offence of criminal breach of trust under Section 314 of the Penal Code. It was not, in other words made at large but very well within its proper context of jurisdictional competence." See also Mafa v State (2013) 3 NWLR (Pt.1342) 607 at 622-623. It is to be noted that the stance of the appellant stems from the learned trial judge relying on Sections 19 and 20 of the EFCC Act 2004 which is not th ...

...told lies is not proof of his guilt nor does the fact that he told lies relieve the prosecution of its duty of proving the guilt of the accused beyond reasonable doubt. See Okpere vs. The State (1971) ANLR 1; Omogodo v. The State (1981) LPELR-24879 (SC)@ 21-22 E-B." Per KEKERE-EKUN, J.S.C. (P. 37, Paras. B-C)   5. EVIDENCE - EVIDENCE OF CO-ACCUSED PERSON: Whether a confessional statement made by one accused person which is against his co-accused will constitute evidence against that co-a ...

..., in the evidence before the Court. (Pages 111 - l12 of the record; italics supplied for emphasis) My Lords, I entertain no doubts that, from the above excerpts, the lower Court, actually, considered the possibility of the inurement of the defence of provocation in favour of the appellant. The truth, however, is that the said Court did. It was after that exercise that it came to the conclusion that "...the trial Court would not have been said to have failed to consider the defence of provocation ...

...t of the Federal Republic of Nigeria & Anor (1981) 550 page 112, (1981) LPELR - 147 (sc), Thomas & Ors v Olufosoye (1936) 1 NWLR (pt 18) 669, Emezi v Osuagwu & Ors (2005) 12 NWLR (pt 939) 340. From the definition of locus standi, it is clear that for a person to have the legal capacity to sue over a matter, he must show sufficient interest in the subject matter of litigation and that will give him the access to institute proceedings in a Court of law. As was the case in relation to ascertaining ...

...t of the Federal Republic of Nigeria & Anor (1981) 550 page 112, (1981) LPELR - 147 (sc), Thomas & Ors v Olufosoye (1936) 1 NWLR (pt 18) 669, Emezi v Osuagwu & Ors (2005) 12 NWLR (pt 939) 340. From the definition of locus standi, it is clear that for a person to have the legal capacity to sue over a matter, he must show sufficient interest in the subject matter of litigation and that will give him the access to institute proceedings in a Court of law. As was the case in relation to ascertaining ...

...the evidence of an expert necessary "On the hullabaloo of the trial judge making himself an expert, the Appellant's learned Counsel stated that it was wrong for the judge to conclude that the scar at the back of the Appellant was as old as 10-15 years without calling an expert. In exercising his common knowledge, experience and expertise on the scar at the back of the Appellant, the trial judge at page 120 of the record held: "The learned Counsel to the Defendant seems to have forgotten that m ...

...uck out the appeal for being incompetent. The Lower Court ought not to have considered the appeal on the merit since the record of appeal upon which the briefs of argument were based was not properly before the Court. The appeal to this Court is therefore incompetent and it is accordingly struck out." Per AKA'AHS, J.S.C. (Pp. 16-18, Paras. C-B) (...read in context)     KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The suit leading to this appeal originated as an ap ...

...uck out the appeal for being incompetent. The Lower Court ought not to have considered the appeal on the merit since the record of appeal upon which the briefs of argument were based was not properly before the Court. The appeal to this Court is therefore incompetent and it is accordingly struck out." Per AKA'AHS, J.S.C. (Pp. 16-18, Paras. C-B) (...read in context)     KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The suit leading to this appeal originated as an ap ...

...gredients that must exist to prove the offence of armed robbery; whether failure to tender the offensive weapon can result in the acquittal of the accused person   "The law is trite that to secure a conviction in a charge of armed robbery against an accused person, the prosecution must prove that (1). There was a robbery, or series of Robberies. (2). That the accused person or persons were armed with offensive weapons. (3). That the accused person participated or was one of the robbers. ...