AMOS AKPAN UDO UKUT VS THE STATE
August 16, 2025YEKINI BAKARE VS THE STATE
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 01195
In the Supreme Court of Nigeria
Fri Nov 24, 1972
Suit Number: SC. 242/1971
CORAM
COKER JUSTICE, SUPREME COURT
FATAYI-WILLIAMS,JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
ALFRED ASAGBA AJOLOGI OTUBURU OKOTIE (For themselves and on behalf of Asagba Family and Okotie family of Amukpe Okpe Clan Western Urhobo.)In Re ALFRED ASAGBA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent/Plaintiff sued the Defendant/Appellant claiming declaration of ownership of a parcel of land. The Defendant raised the Preliminary Objection of Estoppel by record, i.e. the defence of res judicata . This appeal is against the dismissal of the Preliminary Objection.
HELD
The Supreme Court held that Plaintiff/Respondent was never a party to any of the suits in which Judgement was delivered and which forms the basis of Res Judicata and the Judgement was not against the people of Amukpe or their representatives. The appeal fails and is hereby dismissed. The plaintiffs will be entitled to costs which is assessed at 59 guineas against the 1st defendant.
ISSUES
Whether the learned trial Judge erred in law in reviewing and reconsidering the judgments pleaded in support of the defence of estoppel per rem judicatam when such judgments were not on appeal before him
RATIONES DECIDENDI
RULE OF RES JUDICATA
“The rule of res judicata is derived from the maxim of nemo debet bis vexari pro eadem causa. It is the causa that matters; and a plaintiff cannot, by formulating a fresh claim, re-litigate the same causa. That is why Section 53 of the Evidence Act does not speak of the claim, but of the facts directly in issue in the previous case.” Per Bairamian FJ in Madukolu & Others v. Nkemdilim (1962) 1 All NLR 587 -Adopted by SOWEMIMO, JSC
MEANING OF JUDGEMENT
“Every judgment is conclusive proof, as against parties and privies, of facts directly in issue in the case, actually decided by the court, and appearing from the judgment itself to be the ground on which it was based; unless evidence was admitted in the action in which the judgment was delivered which is excluded in the action in which that judgment is intended to be proved.” Section 53 of the Evidence Act. Adopted by SOWEMIMO, JSC
CASES CITED
Madukolu & Others v. Nkemdilim (1962) 1 All NLR 587
Blair v.Curran (1939) 62 CLR 464
STATUTES REFERRED TO
Section 53 of the Evidence Act, (Cap. 62 in Vol. 2 of Laws of Federation of Nigeria and Lagos, 1958
