MUSTAFA OLADOKUN VS MILITARY GOVERNOR OF OYO STATE AND OTHERS
July 4, 2025OMIMKE EBEVUHE & ORS VS MADAM ETIBIO UKPAKARA & ORS
July 4, 2025Legalpedia Citation: (1996) Legalpedia (SC) 01111
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Sep 12, 1996
Suit Number: SC. 226/1993
CORAM
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
A.B. WALI
O. OLATAWURA JUSTICE, SUPREME COURT
PARTIES
CHIEF ADEKOYA OKE OLUKOGAEMMANUEL TAIWO AYENIALHAJI NOBIU O. AKINPELUEMMANUEL A. OLOMO (For themselves and on behalf of JEWUNOLA family) APPELLANTS
MRS OLUFEMI FATUNDE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
It was common ground that both the appellants and the vendors of the respondent claimed that they were descendants of one woman, called Jewunola. The parties led traditional evidence and there were allegations by both parties of acts of possession and of ownership
HELD
The appeal has no merit and it is accordingly dismissed with N1,000.00 costs a the respondent.
ISSUES
“(1) Whether Exhibit ‘P5’ constituted estoppel between the parties. (2) Whether Exhibit “P14” and “P15″ are admissions binding on Isiba family under section 21(3) (a) and (h) of the Evidence Act 1990.”
RATIONES DECIDENDI
INGREDIENTS OF RES JUDICATA
‘The doctrine of res judicata operates or applies only where it is shown that the parties, issues and subject matter are the same in the previous case as those in the action in which the plea is raised.
PARTY RELYING ON RES JUDICATA MUST PRODUCE COPY OF JUDGMENT
Where a party relies on a plea of res judicata or issue estoppel the burden is on him to produce an admissible copy of the judgment for the purpose of sustaining the plea and where he, as in this case, alleges further that there was an appeal against the judgment on which he relies, he has to produce an admissible copy of the judgment to the appellate court.’
CASES CITED
See Nwaneri v. Oriuwa (1959) SCNLR 316
STATUTES REFERRED TO
None.|
