MERCANTILE BANK OF NIG. PLC V. LINUS NWOBODO
June 9, 2025THE HONDA PLACE LTD V. GLOBE MOTOR HOLDINGS NIG LTD
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 16130
In the Supreme Court of Nigeria
Fri Jul 15, 2005
Suit Number: SC.42/2001
CORAM
IDRIS LEGBO KUTIGI JUSTICE,SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE JUSTICE, SUPREME COURT
PARTIES
EKAETE BASSEY OKPOSIN & ORS (for themselves and as representing six families in Ikot Uso Ekong) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs instituted an action over land which had been found to be owned by the defendants in previous suits between the same parties.
HELD
The court held that the plea of estopel per rem judicatam availed the defendants.
ISSUES
1. Whether the lower court was right when it held that the learned trial judge was in error not to have upheld the plea of estoppel per rem judicatam.2. Whether the Court of Appeal was right in setting aside the findings of the learned trial judge that the Appellants had proved their ownership of the land and were therefore entitled to the declaration sought.3. Whether the Court of Appeal had fairly considered the Appellants’ case as presented before it.?
RATIONES DECIDENDI
CASES CITED
1. IKPANG ORS VS EDOHO & ANOR (1978) 6-8 SC.221 2. UDO & ORS VS OBOT & ORS (1989) 1 S.C.NJ.I. 3. CARDASO VS DANIEL & ORS (1986) 2 S.C.4814. NKANU & ORS VS ONUM & ORS (1977)5S,C.ll. 5. DZUNGWE VS GBINSHE (1985) 2N.W.L.R.(PT.8)p.28, 6. UDOVSOBOT (1989) 2 N.W.L.R. (PT.95) 59.?
STATUTES REFERRED TO
NONE
