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