Index of subject matter

• Pages: 24-51

INDEX OF SUBJECT MATTER

Administrative Law

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Appointment of Sole Administrator pursuant to section 87(1),

Local Government Law - Action for declaration of invalidity of

appointment - Period of appointment not stated as required -

Interpretation of Statutes - Appeal. ADEBESIN & ORS. V. DYSON

& ANOR. [1962 N.S.C.C]

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182

Administrative Law

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Certiorari - Chieftaincy inquiry - Failure by Governor-in-council to

communicate result - insufficient to grant certiorari. EX PARTE

ADENAIYA V. THE GOVERNOR-IN-COUNCIL [W.R.] [1962

N.S.C.C]

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205

Administrative Law

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Certiorari - statute taking away right of Court to issue - Manifest

Defect of jurisdiction of lower tribunal - Right of Court to issue

Certiorari notwithstanding statute. THE QUEEN V. GOVERNOR-IN-

COUNCIL [W.R.] [1962 N S C C]

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102

Administrative Law

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Chieftaincy - Installation before approval of successor by

Governor-in-Council- Person installed - offence contra Western

Nigeria. Chief's Law, 1957, W.N. No.20 of 1957 - offence

committed by person installed whether installation ceremony valid

or invalid. ASHEKOYA V. OLAWUNMI [1962 N.S.C.C]

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88

Administrative Law

-

Chieftaincy - W.N. Chief's Law Cap. 19 section 16(3) -

Representation by unsuccessful chieftaincy candidate - Duty of

Governor-in-council upon receipt - Does not contemplate inquiry -

Method of inquiry and means of communication - Court cannot

query - Rejection of unsuccessful candidate - Governor-in-

CGuncil not bound to state reasons. EX PARTE ADENAIYA V. THE

GOVERNOR-IN-COUNCIL [W.R.] [1962 N.S.C.C]

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205

Administrative Law

- Customary Law - Chieftaincy succession to sub- chieftaincy -

Native Law and Custom. EX-PARTE EKPENGA V. OZOGULA II.

[1962 N.S.C.C]

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193

Administrative Law

- Power to remove at discretion by Governor - Premier at loss of

support of majority of house - Mode of determination - Whether

subjective or on evidence based on proceedings on the floor of

House - Executive discretion. IN RE: AKINTOLA V. ADEREMI &

ORS. [1962 N.S.C.C]

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285

INDEX OF SUBJECT MATTER

Civil Procedure and Practice

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Prerogative writs - Certiorari - Application by aggrieved party. EX

PARTE IKORO V. GOVERNOR, EASTERN REGION & ANOR.

[1962 N.S.C.C]

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25

- Estate against - Commission - Construction. ODUFUNADE V.

ROSSEK [1962 N.S.C.C]

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68

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Appeal to Federal Supreme Court - Record of appeal - Contents

- Records and exhibits superflous to appeal should be omitted

from record. ENANG & ORS. V. OKONO & ORS.

[1962 N.S.C.C]

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341

- Grounds - not raised in notice of appeal - if court should

consider such. THE QUEEN V. OHAKA. [1962 N.S.C.C] . .

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325

- Issue of time within which to appeal - Appeal dismissed. THE

QUEEN V. DISTRICT OFFICER, OKIGWI [1962 N.S.C.C] .

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83

- Guarantee of Customer's overdraft on current account -

Guaranteed account insulated by bank - Substantial alteration.

AWOLESI V. N.B.N. LTD. [1962 N S C C]

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124

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Letters of credit - Payment out on fraudulent documents - Right of

bank to recover from persons who received whether aware of

fraud or not - Cause of action independent of any cause of action

against third person on contract. ODUWOBI & ORS. V. BARCLAYS

BANK D.C.O. [1962 N.S.C.C]

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98

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Practice and Procedure - Action for Declaration of Title - non suit

- Hearing on merits - order of non-suit should be avoided as far as

possible. ENANG & ORS. V. OKONO & ORS. [1962

N.S.C.C]

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341

Agency

Appeal

Appeal

Appeals

Banking

Banking

Civil Action

Civil Procedure and Practice

- Res Judicata - Plaintiff sues defendant personally in former action

- Action prosecuted to judgement - Defendant succeeds - Plaintiff

sues same defendant in further action but in a representative

capacity. SHITTA-BEY & ORS. V. THE CHAIRMAN, L.E.D.B. &

ORS. [1962 N.S.C.C]

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252