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Sunday, 18 May 2014

misjoinder of parties



It is a general rule that where an agent acting within the scope of his authority makes a contract with a third party on behalf of a disclosed principal, the agent drops out completely and only the principal can sue and be sued by the third party on the contract. In fact, a contract made by an agent for a disclosed principal typifies the normal situation in agency relationship; so long as the agent acts within the scope of his authority, any contract made by him on behalf of a disclosed principal will operate to pass the rights and liabilities under the contract to the principal.
<p>By the rules of court, and under our jurisprudence, a defendant acting on behalf of a known and disclosed principal incurs no liability. see the case of QUA STEEL PRODUCTS LTD V. BASSEY (1992) 5 N.W.L.R. PART 239, where it was held that "An agent is not liable and cannot be sued or joined in a suit for the wrongs of his principal where the principal is disclosed. In such a case only the disclosed principal is liable and only can be sued."</p> <p>The law is now well settled that the only reason which compels the joining of a party to an action is that such a party joined, is in a position where he would be bound by the result of the action and as a corollary the action must contain a question or questions which cannot be effectually, effectively or completely settled unless he is a party.</p><p>May i humbly refer you to CMI TRADING SERV LTD V. YURIY (1998)11 N.W.L.R (pt573) where the court held as follows</p><p>A person sought to be joined in a proceeding must be someone whose presence is necessary as a party. To be a necessary party it is not enough that the person sought to be joined has relevant evidence to adduce as that will only make him a necessary witness, nor that he merely has an interest in the correct solution of some questions involved and has thought of some relevant arguments to advance and is afraid that the existing parties may not advance them adequately. Rather, The only reason which makes it necessary to make a person a party to an action is that he should be bound by the result of the action, and the question to be settled therefore must be a question in the action which cannot be effectually and completely settled unless he is a party.</p>
I submit that a person to be joined in an existing action must have a direct or legal interest in order to take advantage of the rules governing joinder of parties. It is not enough that he has an indirect interest. A person is legally interested if the answer to the question in issue may curtail his rights. Thus, the only reason which might render the presence of a party before the court to be necessary to enable the court to adjudicate completely within the meaning of the rule is that he should be bound by the result of the proceeding.
My lord, we further submit that a quick look at the paragraphs of the statement of claim discloses no claim made against the 6th Defendant/Applicant or any specific relief sought against the 6th defendant/Applicant, neither has the 6th Defendant/Applicant been accused of any wrong doing. May i humbly refer you to MIL ADM. AKWA STATE V. OBONG (2001)1 N.W.L.R (pt694) where the court held as follows
<p>A plaintiff cannot sue a defendant against whom he has no cause of action; neither can he sue a defendant who has no locus standi in his contemplated action.</p>
There is no better evidence or notice of a case a party intends to make at the trial than his statement of claim. It is improper to join as co-defendants parties against whom the plaintiff has no cause of action and against whom he has made no claim and whose interest is adverse to that of the defendants.
May i humbly refer you to ONWUKA V. MADUKE (1998)4 N.W.L.R (PT 547) where the Court held as follows
<p>Misjoinder of parties deals with parties wrongly or improperly joined by the plaintiff at the inception of the action. Its provisions grants the court discretionary power to strike out name or names of any party or parties, whether as plaintiff or Defendant improperly joined at any stage of proceedings.

THE GIFTS OF THE SPIRIT.


TODAY'S SCRIPTURE."Now there are distinctive varieties and distributions of endowments (gifts, extraordinary powers distinguishing certain Christians, due to the power of divine grace operating in their souls by the Holy Spirit) and they vary, but the [Holy] Spirit remains the same." (1 Corinthians 12:4 AMP 
There are nine gifts of the spirit with different combinations and manifestations in every believer. We shall take time to know about each of them in order to be liberated from ignorance of the gifts of the Holy Spirit. I want to talk about the various ways God's Spirit gets worked into our lives. This is complex and often misunderstood, but I want you to be informed and knowledgeable. (1 Corinthians 12:1 MSG). The gifts of the Holy Spirit will only be at work in the proportion of the knowledge of these spiritual gifts in you. Many Christians find it difficult to understand these gifts. The Lord wants you informed and knowledgeable about the great spiritual gifts in you. 
Before we go fully to seek understanding of these gifts, there are some basic principles that must be outlined properly. These principles are not negotiable if these gifts must be maximised. The first is that no matter the variety of gifts or manifestation, it originated from one source(the Holy Spirit).(1 Corinthians 12:4-6 KJV) The second principle is that the gifts are given to profit the kingdom,(1 Corinthians 12:7 KJV).Your gift is for the benefit of the kingdom of God and to make you relevant as gods on earth not only to profit the kingdom but also to be profited. The gift of God gives you an advantage above your contemporaries. With spiritual gifts you cannot be irrelevant . You are a special person packaged for profit and not loss. Welcome to multiple celebration! 
Today's Prayer. 
Lord grant me the ability to identify d spiritual gifts in me, to make me do exploits amongst my peers

Void and voidable marriage in Nigeria


 



NULLITY OF VOID MARRIAGES

Under the Matrimonial causes Act, a marriage is void under any of the following circumstances.
(A) Where either of the parties is at the time of marriage lawfully married to some other person:
(B) The parties are within the prohibited degree of consanguinity and affinity to S. 4 OF Matrimonial causes Act. It is immaterial whether the relationship is of the whole blood or half blood, or whether it is traced through, or to any person of illegitimate birth.
(C) A marriage is not valid under lex loci celebrationis by reason of failure to comply with the requirement of the lawof that place with reason to the form of solemnization of marriages:
(D) Lack of consent of either of the parties because the consent was obtained either by:
(i) Duress or fraud: or
(ii) The party is mistaken as to identity of the other party or as to the nature of the ceremony to be performed,
(E) Either of the parties are not of marriageable age.
Under section 33 (2) marriage Act, a marriage shall be null and void if both parties knowingly and willfully acquiesce in the celebration of a marriage in:
(a) A place other than the office of a register of marriages or a licensed place of worship; or
(b) Under a false name; or
(c) Without registrar’s certificate of notice. See Chukwuma v. chukwuma (1996) 1 N.W.L.R pt 426 p.545; Anyaegbunam v. Anyaegbunam (supra), where it was held that such a marriage was a marriage was void except of course one of the parties went through the purported statutory form of marriage but did not acquiesce to the irregularity of celebrating the marriage without first obtaining the registrar’s certificate. See Aparanta v. aparanta (1972) 2 E.C.S.L.R 779,





(d)By a person not being a recognized minister of some religious denomination or a registrar of marriages.
Under section 4 matrimonial causes Act, where persons are within the prohibited degrees of affinity and desire to marry, they may apply in writing to the judge for permission to marry and if the judge is satisfied that there are exceptional circumstances, the judge may by an order permit the parties to marry.
(2) NULLITY OF VOIDABLE MARRIAGES


By virtue of section 5(1) Matrimonial Causes Act, a marriage is voidable under any of the following circumstances:
(a) Either of the parties to the marriage at the time of marriage is incapable of consummating the marriage;
(b) Either of the parties is
(i) Of unsound mind;
(ii) Mentally defective;
(iii) Subject to recurrent attacks of insanity or epilepsy,
(c) At the time of the marriage, either party to the marriage is suffering from a venereal disease in a communicable form;
(d) The wife is pregnant by a person other than the husband.
Where a marriage is void or voidable, a petition for nullity of marriage may be brought by a petitioner : S. 34 Matrimonial Act.
Under section 35 Matrimonial causes Act a petition for nullity of marriage cannot however be made by:
(a) A party suffering from incapacity to consummate the marriage S. 5 (1)(a) matrimonial causes Act unless the party was unaware of the existence of the incapacity at the time of the marriage:
 (b) The party suffering the disease or disability under S.5(1)(b) or (c) Matrimonial causes Act; and
(c) The wife under S. 5(1)(b) or (c) matrimonial causes Act; and
Also, a decree of nullity of marriage will not be made except the incapacity under S. 5(1) (a) matrimonial causes Act also existed at the time of commencing the hearing of the petition and such incapacity is found to be incurable or the respondent refuses to summit to the proper treatment, see s.36(1) matrimonial causes act. Again, such a decree will not be made where the court is of the opinion that:
(1) By reason of the petitioner’s knowledge of the incapacity at the time of the marriage;
(2) The conduct of the petitioner since the marriage; or
(3) Lapse of time or for any other reason that would be harsh and oppressive to the respondent or contrary to public interest to make such a decree.
Under S. 37 Matrimonial causes Act, a decree will not be made under S. 5(1) (b) (c) and (d) matrimonial causes Act except a court is satisfied that:
(a) The petitioner was ignorant of the fact constituting the ground at the time of the marriage;
(b) The petition was filed not later than 12 months after the date of marriage; and
(c) Marital intercourse has not taken place with consent of the petitioner since the discovered the ground the fact constituting the ground.
A petitioner for the decree of nullity of marriage shall be in accordance with Form 6 o.5, r. 18 matrimonial causes rules.

Thursday, 15 May 2014

Another look at Northern Elders’ response to B’ Haram



By Temidayo Akinsuyi / Senior Correspondent, Lagos
In view of recent developments, some observers have questioned the 
debt of the concern so far shown by the Northern Elders Forum. Reference
has been made to the
Shettima and Atikudemand
by the elders that the Federal Government should refrain from using 
foreign troops to free the abducted schoolgirls who have been going 
through untold agony in Boko Haram’s enclave for over three weeks.
The Northern Elders Forum in a meeting with President Goodluck Jonathan 
last Wednesday reportedly claimed to have established contacts with the 
Boko Haram leadership to negotiate the release of the female students 
kidnapped by Boko Haram. The leaders of the Forum, at the meeting, 
expressed their displeasure over the involvement of foreign military 
personnel freeing the kidnapped girls and also help rid the country 
especially the northeast region of these insurgents. They proposed also
proposed the payment of ransom and unconditional release of terrorists 
currently in detention.
In the beginning
That the Northern Elders have suddenly found their voices now that the 
federal government has agreed to the use of foreign troops to liberate 
the over 200 girls is surprising to many Nigerians. Ever since the 
insurgency, which has left thousands dead, started the Northern elders 
have not proffered any cogent solutions on how the activities of the 
sect can be rein in. Of course, one can be tempted to believe they are 
overtly or covertly in support of the terrorists given their violent 
opposition to the ascendancy of President Jonathan to the highest office
in the land.
Following the untimely death of President Umaru Musa Yar’adua in May 
2010, Acting President Goodluck Jonathan took the oath of office as 
President and made his intention known to contest the 2011 presidential 
election upon the completion of the first term of the Yaradua/ Jonathan 
administration. This did not go down well with many Northerners 
especially the elders and the elites in the region. Some Northerners 
said that there was zoning policy in the PDP Constitution and that the 
North had not completed its eight years tenure and should be allowed to 
produce the next president in 2011 to complete the 8 years period 
allocated to the North.
When the debate was on whether President Goodluck Jonathan should 
contest the 2011 presidential election or not, former President Olusegun
Obasanjo on the Voice of America said, “There is no arrangement that 
precludes any Nigerian from contesting or becoming the president of 
Nigeria”. Reacting to this, Adamu Ciroma, a member of Northern 
Political Leaders’ Forum (NPLF) said, “The time allocated to the North 
is eight years, which is equivalent to the time allocated to the South 
for which Obasanjo served. Umaru Musa Yar’Adua died unfortunately. His 
death has not killed the policy of zoning and rotation”.
Also speaking, Shehu Sani, a Kaduna based civil rights activists said, 
“President Goodluck Jonathan should not contemplate contesting the 2011 
presidential election. Any attempt by him to contest amounts to 
incitement and a recipe for political instability. Even though 
rotational presidency is unconstitutional, it has been able to address 
problems of regional, ethnic, sectional domination and marginalization”.
The most resonate of the of the antagonists whose phrase Nigerians 
still vividly remember today was that of Lawal Kaita, a close associate 
of former Vice President Atiku Abubakar. According to him, “The North is
determined, if it happens, to make the country ungovernable for 
President Jonathan or any other Southerner who finds his way to the seat
of power on the platform of the PDP against the principle of the 
party’s zoning policy. Anything short of a Northerner president is 
tantamount to stealing our presidency. Jonathan has to go and he will 
go. Even if he uses incumbency power to get his nomination on the 
platform of the PDP, he would be frustrated out”.
Doubts on Northern elders
While it can be said that Boko Haram insurgency did not begin under the 
Jonathan administration, the attitude of the of the Northern elders 
towards the activities of the sect shows that they are not bothered as 
long as the Jonathan’s administration does not know peace and is made 
ungovernable. Boko Haram has sent countless innocent Nigerians to their 
early graves. Property worth billions of naira has been destroyed in the
attacks that have been carried out. At present, there is insecurity in 
the north and people can no longer move freely to transact their normal 
businesses.
The economy of the North has been made comatose as many investors, 
especially the business-oriented Igbo traders have fled the region. Many
innocent Nigerians are lying in hospitals while many others have been 
incapacitated for life owing to bomb blasts by the sect. As we write, 
over 200 innocent female students are being incarcerated the gulag of 
the sect and the leader has vowed not release them until his men who are
being detained on terrorism charges are released. The parents of these
young girls are going through untold trauma on the fate that has 
befallen their children, while information has it that the girls are 
being mercilessly raped on a daily basis while some have died from snake
bites.
Once upon a time, the federal government once said it will not seek 
foreign assistance in crushing the activities of the sect, but thank 
God, it has swallowed its pride and has agreed to partner with the 
Western powers in securing the release of the girls and bringing the 
activities of the sect under control. Many Nigerians who are appalled by
the cruelty of the sect have supported the government’s decision and 
the general feeling is that seeking foreign assistance now is long 
overdue. Yet, these Northern elders are opposed to it. Obviously, they 
want the violence being perpetrated by the sect to continue unabated.
Fani- Kayode’s incisive analysis
No one said it better than former Minister of Aviation, Femi 
Fani-Kayode. In his statement titled Boko Haram, Jonathan and the 
Northern Elders, he has this to say: “It is self-evident that the 
young man Shekau is not only a dangerous, sadistic, homicidal, 
misogynistic, paedophilic, psychopath and sociopath all rolled into one 
but his words adequately reflect the sheer ruthlessness, callousness and
depravity that the Haramite mind has degenerated to. Even Al Qaeda, in 
all its cruelty and wickedness, has apparently condemned the latest 
atrocity committed by Shekau and his merry group of Islamist terrorists 
in Chibok.
“Yet despite their utter depravity they appear to have a few powerful 
friends at home who are speaking for them, albeit in a very subtle and 
covert manner. Permit me to give just one example of such a group in the
distinguished persons of the so-called ‘’northern elders’’ in this 
contribution. Instead of joining the rest of the civilised world and 
insisting that the scum called Boko Haram must be utterly crushed and 
their leaders eliminated, The northern elders have said that the Federal
Government ‘’should pay billions as ransom to Shekau and release all 
detained Boko Haram members’’ and that there must be ‘’no foreign forces
in Nigeria”. They have also demanded that ‘’force should not be used’’ 
in securing the freedom of the abducted girls.
“These demands and conditions are sickening and instructive. The bitter 
truth about this whole matter is getting clearer by the day. It is the 
same people that did not want troops to be deployed to the area in the 
first place. It is the same group that did not want a state of emergency
to be declared in some parts of the north. It is the same group of 
people that have been urging the government to negotiate with Boko Haram
for the last three years. It is the same group of people who have 
consistently asked that Boko Haram should be treated with kid gloves and
that they should be offered amnesty even when the islamist group have 
slaughtered no less than 10,000 innocent people in the last three 
years”.
“It is the same people that are suggesting that Boko Haram is actually 
an agent of the Christian Association of Nigeria (CAN). It is the same 
group of people that secretly rejoice when churches are burnt, when 
bombs are detonated, when innocent people are killed, when our soldiers 
are routed, when children have their throats slit, when the country is 
being made ‘’ungovernable’’ and when girls are abducted, sold into 
slavery and buried alive. It is one of these so-called northern elders 
that referred to Boko Haram as ‘’freedom fighters’’ who are ‘’fighting 
for justice’’ only last year. It is another that said that members of 
Boko Haram ought to be treated ‘’in the same way as the Niger Delta 
militants’’ and that they should be rehabilitated, resettled and paid 
large sums of money only last year.
“It is another that said that ‘’muslims should only vote for those that 
would protect their interests’’ and that he would see to it that 
‘’sharia law is implemented and applied throughout the whole country’’ 
in 2003. It is another that led our country into joining the OIC in the 
late 1980’s and that annulled the June 12th election in 1993. It is 
another that said that ‘’Nigeria was granted independence by the British
in 1960 on the basis and clear understanding that a northern muslim 
would always lead the country’’ in 1994. It is another that led our 
country into joining the D8 in 1997. It is another that said that if the
north does not have it’s way on the voting formula at the 
constitutional conference he would ‘’lead his people out of Nigeria and 
into the Camerouns’’ just over a month ago. It is another that said that
they would make our country ‘’ungovernable’’ if a southerner was 
elected into power in 2011.
“It is another that told us only a few weeks ago that our country 
‘’would burn’’ if Jonathan or any other southerner contests for and wins
the Presidential election in 2015. It is another that told us just last
year that poverty was the root and only cause of Boko Haram and that 
the south was receiving too much money whilst the north was not 
receiving enough. How much more of these provocative words, actions, 
rationalisations, threats and rhetoric can we be expected to take? Yet 
those of us that are not northern muslims are expected to say nothing 
and are constantly told not to respond and to simply ignore them”.
“Today, just three weeks after the Haramites have abducted almost 300 
young school girls at Chibok, burnt down their school and kept them as 
sex slaves, just two weeks after two bombs have gone off in Nyanya, 
Abuja killing a total of 150 people between them and just three days 
after no less than 350 innocent people were slaughtered by the same 
islamist group in Gamborou Ngala, a border town with the Camerouns, 
these so-called northern elders are saying that force must not be used 
against them. This is absurd, insensitive and unacceptable and their 
suggestion must be treated with the contempt that it deserves. I just do
not know what it will take for the Nigerian people to accept the fact 
that Boko Haram is the greatest evil that our country has ever had to 
contend with and that there can be no negotiation or dialogue with such 
demons in human flesh.
“I just do not know what it will take for these so-called northern 
elders to accept the fact that evil is evil, that you must never 
negotiate with terrorists and that their ‘’gentle way’’ way simply does 
not and cannot work. The truth is that until every single one of the 
Haramites is hunted down, brought to justice and despatched to hell 
where they belong there will be no peace in our country. We must also 
eliminate their closet supporters who secretly encourage, fund and 
protect them because there can be no fellowship between light and 
darkness. I have always viewed all those that have suggested that Boko 
Haram should be treated with kid gloves with the utmost suspicion. It is
either that we live in a civilised country where the rule of law 
prevails, where beasts have no place and where murderous animals are 
treated like the murderous animals that they are or we shall have no 
country at all.
“All this talk about ‘’not using force’’ must stop because it is 
nonsensical, it is counter-productive and it presents a very real threat
to our desire to continue to live as one nation. Those that abduct, 
rape, kill, enslave and terrorise little girls deserve no mercy and they
do not deserve to live.
Those that believe that the Haramites are rational or reasonable and 
that ‘’force should not be used against them’’ should please give them 
their own daughters in exchange for our missing girls. After they have 
done that they can be as gentle with Boko Haram as they like.
In all this President Goodluck Jonathan has much to learn and I would be
the last person to condone or endorse what I consider to be his utter 
weakness and incompetence in the fight against Boko Haram. Mr. President
has failed woefully to protect the lives and property of the Nigerian 
people and no responsible, self-respecting and rational human being 
should shy away from telling him this. We expect far better from him and
if he fails to deliver on this he would not only have betrayed his 
mandate, violated his oath of office and let down the Nigerian people 
but he will play right into the hands of his sworn and collective 
enemies.
In this respect Mr. Opeyemi Agbaje’s words are instructive. On 9th May 
2014 he wrote: “We warned Jonathan. We called for action against Boko 
Haram and we screamed until our voices went hoarse. Now the people who 
advised him against taking strong action and called for dialogue, the 
very people that said it was caused by poverty, the very people that 
promised that traditional rulers would resolve the matter, the very 
people that encouraged him to vacillate and do nothing or little, are 
the ones mocking him. Well that is why leaders must exercise leadership.
The buck stops at his table. The credit or the failure goes to him. I 
hope he learns!’’
How true Agbaje’s words have become

Saturday, 3 May 2014

BIT BALANCING


BIT BALANCING
Another development that is becoming more important is bit balancing. This concept considers the forces acting on the bit to create designs in which no single come or cutting system is overstressed. This increases cutting efficiency and extends bit service life. Two type of balancing method are: force balancing and load balancing.
Force Balancing: of the three forces acting on bit- axial force, lateral forces and bending moment- it has long been recognized that balancing the lateral force is very important for preventing whirl. In fact, previous concepts of PDC bit force balance, due to the belief that once lateral force, was balanced, foe bit bending moment was balance also.
However, further study revealed that balancing moment contributes not  only to bit lateral motion or whirl, but also to till motion, which significantly affects directwial  control, Even a perfectly force-balanced bit may exhibit tilt motion if due axial forces is equally as important as balancing lateral force.
A PDC bit that as balanced, both in terms of lateral force and bending moment, is a “global force-balanced” but. Designing such bit involves adjusting the cutting structure to reduce the imbalance numbers. For instance, newer series are force-balanced according to a specific set of design criteria that consider the summation of cutter forces to a global, lateral and axial bit imbalance, resulting in a global force-balanced design.
Load Balancing: a bit which the dulling force acting on individual cutter is balanced and is evenly distributed across the entire cutter is said to be” Load balanced”. This technician is meant to prevent cutter wear and excessive point loading that can break or damage cutters.
Roller come bits are load balance in two ways-by volume and by force, Volume balancing almost equalizes rock removal among all the comes, while force balancing ensure that all comes are subjected to nearly the same loads, including weight-on-come, bending moment are force-nonbearing.
For PDC bits load balancing which was employed originally on rather come bits only, is now being used to improve the PDC bit performance. The concept of load balancing is based on the fact that the amount of formation removed by each individual cutter differs and as a realist the forces acting on each cutter also differ from blade to blade. Therefore the force force acting on each blade differs, it is necessary to control these load distribute :- (Australian, 1992).
Equally distributing the force minimizes the change in work, or force, among zones of the cutting structure. Thus designing a “tongue and drag balanced” PDC  bit involves analyzing the distribution of work and force acting on a cutting structure, with the goal of controlling the force distribution, these bits are able to reduce impact damage and uneven wear while promoting in proved ROP.
ADVANCES IN CUTTING STRUCTURES
  No matter the design, size or shape of a roller come bit, its basic purpose is still to grind rock as it turns, hence the term “rock” bit. However, today’s roller come bits utilize technical advancements that enable higher rate of penetration, lower mechanical wear and lengthier service left in tough formations.
One important improvement in roller come bits is the structure or “teeth” during the manufacturing process. As the inter face point with the formation, a bits cutting structure must both with stand and perform under the tremendous forces required to grind rock and produce a borehole. This point of contact is subjected to extreme pressure, heat and resistance as the bit rotates. New manifesting techniques are enabling this cutting suture to become more efficient and wear-resistance.
Additional improvement in bit cutting structure is the recognition of the unusval loads and dynamics that occurs when bits are nun on directional or steerable assemblies.  Where a steerable assembly is rotated, the bits are subject to off-center rotation, as well as high side loading. These conditions can reduce beading life, and damage the bits gauge areas.
REMEDY TO BOREHOLE DRILL-BIT PROBLEM  
  The drill pipe and bit may become jammed when the drilling field is not allowed to thoroughly dean the borehole prior to stopping to add another joint of drilling pipe or the fluid is too thin to lift gravel from the bottom of the borehole. Therefore, if the dull bit starts to catch when dulling stop further drilling and allow the drilling fluid to circulate and remove accumulated cutting from the borehole. Then continue to drill at a lower rate. If it continues to catch, thicken the drill field. If the drill bit and pipe become jammed, stop drilling and circulate drilling field until it is freed. If circulation is blocked, try to winch the bit and pipe out of the borehole. Stop the engine and use a pipe wrench to reverse rotation (no more than I fern of the rod may unscrew).
Rapidly hit the drill pipe with a hammer to try and jolt the bit free. If these actions are not successful, use lengths of drill pipe without a bit attached to “jet out” the cuttings. Attach the pipe or tubing directly to discharge hose from the mud pump. Thicken the drilling fluid to ensure that cuttings holding the bit can be removed.

Then place tension of the stuch pipe with drill rig winch. Once slowly push the fitting pipe/tubing down the borehole beside the jammed drill pipe until the bit is reached. When fluid starts to circulate out of the stuck pipe or it loosens, pull the stuck drill pipe and resume circulation of the thickened drill fluid back down the drill water freely circulates out of the borehole slowly lower the drill pipe and bit and resume drilling (Australian, 1992)