THERESA TEMITAYO WILLIAMS V RASHEED AHMED WILLIAMS
July 21, 2025MANAWA OGBODU V THE STATE
July 21, 2025Legalpedia Citation: (1987-04) Legalpedia 04565 (CA)
In the Court of Appeal
Holden At Lagos
Fri Apr 3, 1987
Suit Number: S.C. 164/1985
CORAM
BELLO, JUSTICE SUPREME COURT
ESO, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
ANIAGOLU, JUSTICE SUPREME COURT
COKER, JUSTICE SUPREME COURT
PARTIES
AMINU SUNMONU BAMISHEBI
APPELLANTS
ZACCEUS FALEYE
RESPONDENTS
AREA(S) OF LAW
LAND LAW-DECLARATION-TITLE TO LAND-INJUNCTION
SUMMARY OF FACTS
Judgment was given against the appellant at the trial court in a suit for declaration of title to land. The appellants appeal and the cross appeal of the respondents were dismissed at the court of appeal.
HELD
The Court held that the appeal is dismissed and the judgment of the courts below are affirmed, save that the order of injunction is only against the 1st to 4th defendants (i.e. the Itele family) their agents, their servants and/or persons purporting to claim through them The respondents
ISSUES
Whether the court below right in holding that the plaintiffs discharged the onus of proof which the law places on them in a claim for declaration of title
RATIONES DECIDENDI
ON ELEMENTS THAT ESTABLISH THE PLEA OF ESTOPPEL PER REM JUDICATAM
“In my view, in order to successfully establish the plea of estoppel per rem judicatam there must be a pronouncement and final decision on the particular issue. Put more precisely, there are three conditions which must be satisfied – the fact being relitigated must be
(1) directly in issue in the case,
(2) actually decided (by a competent Court) and
(3) appearing from the judgment itself to be the ground on which it is based.” COKER JSC
ON APPLICATION OF ISSUE ESTOPPEL
‘Issue estoppel applies whether the point involved in the earlier decision is one of fact or law or one of mixed fact and law.’ COKER JSC
ON DUTY OF APPELLATE COURT
‘It is not the duty of an appeal court to interfere with the finding of a trial court where such finding is supported by evidence and is reasonable. The duty of an appeal court is to determine whether the trial court correctly decided the issues presented before it’ COKER JSC
CASES CITED
1. Kponugle v. Kadodja, 2 WACA. 24
2. Awooner Renner v. Annah & Ors. 2 WACA. 258
3. Samuel Fadiora & Anor. v. Festus Gbadebo & Anor. (1978) 3 SC. 219 at p.228
4. Outram v. Morewood (1803) 3 East 346
5. Oyediran v. Amao (1970) All NLR. 313, 317
6. Omoregbe v. Edo All NLR. 282
7. The State v. Okola (1974) 2 SC. 73 p.80
8. Sanyaolu v. Coker (1983) 3 SC. 124, p. 157
STATUTES REFERRED TO
Supreme Court Rules 1985
