PROFESSOR V.O.S. OLUNLOYO V. ADEDAPO ADENIRAN
June 20, 2025OLANREWAJU V AFRIBANK PLC
June 20, 2025Legalpedia Citation: (2001) Legalpedia (SC) 11111
In the Supreme Court of Nigeria
Fri Jul 13, 2001
Suit Number: SC.140/1996
CORAM
UWANI MUSA ABBA AJI
ALOYSIUS IYORGYER KATSINA-AL, JUSTICE, SUPREME COURT
OKAY ACHIKE, JUSTICE, SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT.
PARTIES
1.OKAFOR ADONE2.JOHN NWUDE(For themselves and on behalf of Members of Ire Village, Enugu-Ukwu). APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Applicant’s claim against the Respondents a declaration that they are the rightful people for the grant of customary right of occupancy relying on traditional evidence, acts of ownership and earlier 1971 judgment.
HELD
The Supreme Court held that res judicata of whatever specie does not avail the appellant in that failure of Respondents to prove their title in the earlier case does not translate to a finding that the Appellants are the rightful owners. ?
ISSUES
Whether the Court below was right in holding that issue estoppel did not avail the Appellants.?
RATIONES DECIDENDI
PROOF OF FACTS
“An issue of fact may be proved by an aggregate of facts. Where the aggregate of facts relied on to establish an issue of fact is insufficient, that issue must be resolved against the party who has to establish the issue” – per E.O Ayoola, JSC
CLASSIFICATION OF RES JUDICATA
“The classification of estoppel under estoppely by judgment is related to the purpose for which the judgment is used. If it is intended to be used to permit another suit founded on the same cause of action as the original suit, the decision in the original action is said to constitute res judicata. If on the other hand, the subsequent proceeding are looked at on a different cause of action…as in the instant case, issue estopped can operate only to prevent certain issues which were decided in the original action from arising for further consideration by the Court EMMANUEL OLAYINKA AYOOLA, JSC
CASES CITED
1. UKAEGBU & ORS V. UGOJI & ORS (1991) 6 NWLR (PT. 196) 127 AT 1682. FADIORA & ANOR V. GBADEBO & ANOR (1978) 3 SC. 2193. YOYE V. OLUBODE & ORS (1978) 3 SC 220, 2224. SOSAN V. ADEMUYIWA (1986) 3 NWLR (PT. 27) 241
STATUTES REFERRED TO
Nine
