ABIBATU FOLAMI & ORS VS FLORA COLE & ORS
July 16, 2025CHIEF ALHAJI K. O. S. ARE VS RAJI IPAYE
July 16, 2025Legalpedia Citation: (1990-03) Legalpedia 58780 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Mar 30, 1990
Suit Number: SC 4/1987
CORAM
A.O. OBASEKI, JUSTICE SUPREME COURT
S. KAWU, JUSTICE SUPREME COURT
S.M.A. BELGORE, JUSTICE SUPREME COURT
P. NNAEMEKA-AGU, JUSTICE SUPREME COURT
PARTIES
ALHAJI LATIFU AJUWON
APPELLANTS
MADAM ALIMOTU ADEOTI
RESPONDENTS
AREA(S) OF LAW
APPEAL- CONCURRENT FINDINGS OF FACT- DECLARATION OF TITLE TO LAND – RES JUDICATA
SUMMARY OF FACTS
The appellants continued to build on land in dispute after the respondents had been given title to the land by previous suits between the same parties.
HELD
The court held that respondents were entitled to the possession of the land and the buildings thereon as sought.
ISSUES
What is the effect of Exhibit A and A1 to wit, judgments in CVAI23164 and L.42/63 respectively.
RATIONES DECIDENDI
ESSENTIALS FOR A DEFENCE OF PLEA OF RES JUDICATA TO SUCCEED
1. The parties in the previous action and the present action must be the same;
2. The subject matter of litigation in the previous action, must be the same as the one in the present action;
3. The claim in the previous action must be the same as the one in the present action;
4. The judgment in the previous case must be given by a court of competent jurisdiction, and
5. The decision must be final, in other words, it must have finally disposed of the rights of the parties’. Per Wali J.S.C
CASES CITED
Ihenacho Nwaneri v. Oriuwa & Ors. (1959) 4 FSC 132, (1959) SCNLR E 316
William Ude & Ors. v. Josiah Agu & Ors. (1961)1 All NLR 65; [1961] 1 SCNLR 98
Wilson Etiti & Ors. v. Peter Ezeobibi of Umuosha Oguta
STATUTES REFERRED TO
None.
