CIGARI SHEHU VS J. B. OGEDENGBE
September 10, 2025JAMES OGIDI VS COMMISSIONER OF POLICE
September 10, 2025Legalpedia Citation: (2022-02) Legalpedia 37047 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Wed Nov 30, 1960
Suit Number: SC 31/1960
CORAM
BRETT, JUSTICE COURT OF APPEAL
UNSWORTH, JUSTICE COURT OF APPEAL
BAIRAMIAN, JUSTICE COURT OF APPEAL
PARTIES
APPELLANTS
1. DAVID OBIORA
2. OKONKWO INYIAGU
3. OKEKE ULU
4. GABRIEL NWAOFIDO
5. MICHAEL NWANKWO
RESPONDENTS
AREA(S) OF LAW
LAND LAW – JURISDICTION-RES JUDICATA
SUMMARY OF FACTS
The appellant claimed title in possession to the land in dispute and relied on a native court judgment. The said judgment was between the appellant and other persons for trespass over land which was not shown to be the same as the one in dispute.
HELD
The court held that the principle of res judicata did not apply in the instant case.
ISSUES
Whether the decision of the Ede native court created estoppels in respect of the land in dispute.
RATIONES DECIDENDI
ELEMENTS OF RES JUDICATA.
‘for a plea of res judicata to succeed, the parties and subject matter must be the same.’ Per Bairamian F.J.
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
