LAMBERT SUNDAY IWUEKE V. IMO BROADCASTING CORPORATION
June 9, 2025CHIEF VICTOR NDOMA-EGBA V. AFRICAN CONTINENTAL BANK PLC
June 9, 2025Legalpedia Citation: (2005) Legalpedia (SC) 11111
In the Supreme Court of Nigeria
Fri Oct 7, 2005
Suit Number: SC.90/2001
CORAM
DENNIS ONYEJIFE EDOZIE , JUSTICE, SUPREME COURT
PARTIES
OWUNARI LONG-JOHN1.CHIEF TEDD IBOROMA2. CHIEF WELLINGTON LONG-JOHN IBOROMA APPELLANT(S) / DEFENDANT(S)
PLAINTIFFS / RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondents as plaintiffs before the Port-Harcourt High Court sued the 1st set of Appellants for a declaration that they are entitled to the customary right of occupancy of a parcel of land, damages for trespass and Injunction. The court found for the Respondents. An appeal to the Court of Appeal was dismissed, hence this appeal.
HELD
Dismissing the appeal
ISSUES
NONE
RATIONES DECIDENDI
CONDITIONS FOR ESTOPPEL PER REM JUDICATAM
A party to a dispute who relies on a previous judgment of a court as creating estopel per rem judicatam must show that
(1) the parties in the two cases were the same
(2) the subject matter was the same and
(3) that the issues being litigated upon were the same. Per Oguntade JSC
CASES CITED
Ekpeke V. Usilo [1978] 6-7 SC 187;Fadiora V. Gbadebo [1978] 3SC 219, (2002) 3 SCM, 157.
STATUTES REFERRED TO
Evidence Act
