Just Decided Cases

EMEKA OSONDU & ANOR V. AJAMA NDUKA & ORS

Legalpedia Citation: (1978-01) Legalpedia (SC) 13012

In the Supreme Court of Nigeria

Fri Jan 13, 1978

Suit Number: SC. 304/1965

CORAM


ALEXANDER, JUSTICE, SUPREME COURT

SOWEMIMO, JUSTICE, SUPREME COURT

OKAY ACHIKE JUSTICE, SUPREME COURT


PARTIES


EMEKA OSONDU & ANOR (For themselves and on behalf of UMUAWO family of NANDO)

APPELLANTS 


AJAMA NDUKA & ORS ( For themselves and on behalf of Abube Obiango Family of Nando)

RESPONDENTS 


AREA(S) OF LAW


NON- SUIT – APPEAL

 


SUMMARY OF FACTS

The appellant claimed title to the land in dispute and placed reliance on a plan which was the subject matter of an earlier suit. The earlier suit was non- suited on appeal with no further appeal. The court had made findings in the earlier suit that the appellants had title to the land described in the plan.

 


HELD


The court dismissed the appeal.

 


ISSUES


Whether the learned trial judge was right in his dismissing the appellants claim.

 


RATIONES DECIDENDI


WHETHER A PARTY CAN PLACE RELIANCE ON FINDINGS IN A JUDGMENT WHICH WAS NON- SUITED ON APPEAL


On the state of law, once a judgment was set aside on appeal is set aside al and an order of non-suit substituted, any findings in that judgment cannot give rise to a plea of issue estoppel in a latter action- Sowemimo J.S.C

 


CASES CITED


oconnor v. Malone (1839) 6 V & F, 7 ER 814

Poyser v. Minors (1880 – 81) 7 QB 329 at page 332-333

R. A. Naylor Ltd. (1918) Volume 87 LJKB at page 950

 


STATUTES REFERRED TO


Not Available

 


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