CORAM

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M.L. UWAIS JUSTICE, SUPREME COURT

O. OLATAWURA JUSTICE, SUPREME COURT

U. OMO JUSTICE, SUPREME COURT

M.E. OGUNDARE JUSTICE, SUPREME COURT

S.U.MOHAMMED. JUSTICE, SUPREME COURT

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PARTIES

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ALHAJI RAIMI OLORIEGBE

APPELLANTS 

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J.A. OMOTOSHO

RESPONDENTS 

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AREA(S) OF LAW

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RES JUDICATA – CLAIM FOR ACCOUNT 

 

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SUMMARY OF FACTS

The appellant as plaintiff claimed against the respondent/defendant an order of possession for the defendant to vacate the plaintiff’s adjudged land amongst others. The defendant filed an application to dismiss the suit based on res judicata. The trial court dismissed the defendant’s application. On appeal it was upturned and the Court of Appeal held that the appellant’s action was caught by the doctrine of res judiciata. 

 

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HELD

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Appeal allowed

 

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ISSUES

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1. Does the doctrine of res judicata apply where the new claim does not exist at the time the original suit was filed?

2. Does the doctrine of res judicata apply where the original cause of action continues unabated and the injury/damage continues and has not abated.

 

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RATIONES DECIDENDI

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OPERATION OF THE DOCTRINE OF RES JUDICATA

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“It is trite that before this doctrine can operate, the parties, issues, and subject -matter, must be the same in the previous case as those in the action in which the plea of res judicata is raised” PER OMO, JSC

 

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NATURE OF CLAIM FOR ACCOUNT

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“A claim for an account is based on a continuing receipt of rent from tenants, which cannot be held to have ended until the respondent ceases to collect same. It is therefore difficult to see how it can be the subject-matter of a plea of res judicata, unless the period for which the account is sought is limited to the exact period when the earlier actions were filed in court.” PER OMO, JSC

 

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EVIDENCE REQUIRED FOR A SUCCESSFUL PLEA OF RES JUDICATA

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“A finding that res judicata applies cannot possibly be grounded on any uncertainty, no matter how slight. To succeed on this plea all the evidence required must be unequivocal and certain.” PER OMO, JSC

 

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ACTION FOR REVERSAL OF AN ADVERSE FINDING

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“A respondent who seeks a reversal of an adverse finding can only do so by way of a notice of appeal/cross appeal and not by a respondent’s notice” PER OMO, JSC

 

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CASES CITED

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Ihenacho Nwaneri & Ors v. N. Oriuwa & Ors (1959) 4 F.SC. 132

Western Steel Workers & or v. Iron and Steel Workers & or. (1987) 1 NWLR (Pt.49) 284

 

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STATUTES REFERRED TO

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