ALEX OLADELE ELUFIOYE & ORS VS IBRAHIM HALILU & ORS
July 9, 2025FAWOLE AJAYI & ANOR VS IGIEROBO OMOROGBE
July 9, 2025Legalpedia Citation: (1993) Legalpedia (SC) 92411
In the Supreme Court of Nigeria
Fri Jul 16, 1993
Suit Number: SC. 210/1988
CORAM
MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT (Presided)
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
AMANI JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI
ADOLPHUS GODWIN KARIBI-WHYTE
UCHE OMO
SOWEMOMI, JUSTICE, SUPREME COURT
PARTIES
AZUETONMA IKEHYACINTH ANOZIEHEZEKIAH IKEIKEOHA AIDA AMAZU (For themselves and on behalf of UMUONUEGBE UMU-UMEOHA UMUOKPULUKPU QUARTER OF UMUOMAKU) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants as plaintiffs claimed against the respondents a declaration that the plaintiffs were entitled to customary rights of occupancy. The trial Judge dismissed the plaintiffs’ case. On appeal, it was dismissed, hence the appeal.?
HELD
Appeal dismissed?
ISSUES
Did the Justices of the Court of Appeal err in law in upholding the decision of the Awka High Court that the Appellants failed to prove their pea of res judicata. This can be narrowed down to the specific issue of whether the Court of Appeal was right in upholding the decision of the Awka High Court that the appellants herein failed to prove by preponderance of evidence that the plaintiffs in the Customary Court case are the same as the plaintiffs in the present suit? Did the Court of Appeal fail to consider Ground 3 of the appellants’ ground of appeal in the court below. If it did, did that lead to a miscarriage of justice?.Did the Court of Appeal fail as the Awka High Court did, to consider the case of the appellants and still more the case of the parties in this case in accordance with the principle enunciated by the Supreme Court of Nigeria in the case of Mogaji v Odofin??
RATIONES DECIDENDI
MISCARRIAGE OF JUSTICE
“An issue raised suo motu and in respect of which counsel on both sides should be invited to address the Court must be an issue on which the trial court relied to come to a decision and which has tilted the scale of justice. Even if that was a mistake on the part of the judge, it is neither substantial nor can it lead to a miscarriage of justice” PER OLATAWURA, J.S.C.
PROOF OF RES JUDICATA
“To succeed on a plea of RES JUDICATA the party relying on it must prove that parties, the issues and the subject-matter in the previous action were the same in the action in which the plea is raised.” PER OLATAWURA, J.S.C.
CASES CITED
Alashe & ors. v. Ilu & Ors. (1965) NMLR 66, Fadiora v. Gbadebo (1978) 3 S.C. 219.Kodinliye v. Odu (1935) 2 W.A.C.A 336Chief Oje & Ors. v. Chief Babalola & Ors. (1991) 4 NWLR (Pt. 185) 267?
STATUTES REFERRED TO
None
