COLONEL OLU ROTIMI & ORS V. MRS F. O. MACGREGOR & ORS
August 9, 2025IN RE: MACLEAN OKORO KUBEINJE
August 9, 2025Legalpedia Citation: (1974-11) Legalpedia (SC) 04410
In the Supreme Court of Nigeria
Mon Nov 18, 1974
Suit Number: SC 170/1974
CORAM
SIR UDO UDOMA, JUSTICE, SUPREME COURT
ANDREWS OTUTU OBASEKE JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
CHIEF Y. ABIODUN
APPELLANTS
CHIEF D. FASANYA
RESPONDENTS
AREA(S) OF LAW
LAND LAW – DECLARATION OF TITLE TO LAND – RES JUDICATA
SUMMARY OF FACTS
Plaintiffs sued the defendants over a piece of land known as oko oyinbo near maroko in lagos. The plaintiff did not file statement of claim the defendant raised a plea of res judicata which was dismissed hence the appeal to this court.
HELD
The plea of res judicata succeeds and the plaintiffs are estopped from relitigating the same subject matter. Appeal is therefore allowed.
ISSUES
Whether from the facts and evidence before the court a plea of Res judicata can be sustained.
RATIONES DECIDENDI
ELEMENTS OF RES JUDICATA
“For the application of estoppel per rem judicata “its well settled that a number of circumstances must co-exist in short, there must be the identities of parties or their privies subject matter of the actions and the cause of action case and the new one- Per- G.B.A Coker JSC.
CASES CITED
Khawan vs. Elias 5 FSC page 224,
Chief Ogbuleke Ata vs. Chief Obaeri Ata (1962 6 ENLR P
STATUTES REFERRED TO
Not Available
