CHIEF SAMUEL AKPAN NKANU & ORS V CHIEF ROBERT ONUN

CORAM

UDOMA, JUSTICE, SUPREME COURT

IRIKEFE, JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT

PARTIES

CHIEF SAMUEL AKPAN NKANU & ORS

APPELLANTS

CHIEF ROBERT ONUN & ORS

RESPONDENTS

AREA(S) OF LAW

LAND LAW- NON-SUIT-RES JUDICATA

SUMMARY OF FACTS

The appellants and the respondents sought declaration of title to the same piece of land. The land had previously been administratively demarcated, and a boundary set. This boundary was confirmed in an earlier suit where the appellants were non-suited and now sought to re-litigate the matter afresh.

HELD

The court held that the doctrine of res judicata operates against the appellants because the land in dispute was the same that was administratively demarcated and judicially pronounced on.

ISSUES

Whether the conclusions reached by the learned trial judge was wrong in law because the final order made by the the ogoja provincial court in suit no 4/1929 was a non-suit, which therefore entitled them to re-litigate the whole issues again and that it was on that basis that the present suit was instituted by them

RATIONES DECIDENDI

<br

ORDER NON-SUIT IN A CLAIM FOR DECLARATION OF TITLE TO LAND

A non-suit in a claim for declaration of title to land postulates that the case of the plaintiff on the evidence has some merit showing that the plaintiff is entitled to the land claimed or at least to some part thereof but owing to some technical fault or defect in the handling or presentation of the case, the plaintiff has been unable to discharge to the satisfaction of the court the heavy burden placed on him and at the same time, that the defendant not being entitled to the judgement of the court, justice demands that the door should still be left open to enable the plaintiff if he so wishes to re-litigate the issue and probably make good the technical fault or defect which was responsible for the plaintiffs failure on the previous occasion” PER UDO UDOMA JSC