M. AHMADU USMAN VS M. SIDI UMARU
July 10, 2025OJO OGBEMUDIA EHOLOR VS. FELICIA OSAYANDE
July 10, 2025Legalpedia Citation: (1992) Legalpedia (SC) 11115
In the Supreme Court of Nigeria
Fri Jul 17, 1992
Suit Number: SC. 00/1988
CORAM
KARIBI-WHYTE JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN
MARY UKAEGO PETER-ODILI, JUSTICE, SUPREME COURT
OGUNDARE JUSTICE, SUPREME COURT
OGWUEGBU JUSTICE, SUPREME COURT.
PARTIES
1. EMMANUEL OKPALA IGWEGO 2. OKEKE ONYENOPUECHI 3. OKAFOR OGBUGBO OGU 4. STEPHEN EZENNAKA 5. AMUTA-UBA OKPALA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents brought an action against the appellants for a declaration of title under Customary Law to the plaintiffs’ pieces or parcels of land, damages for trespass and perpetual injunction restraining the defendants, their servants and or agents from further entry into the said land
HELD
The Supreme Court held that the erroneous reference to Exhibit B as constituting estoppel per rem judicatam would not derogate from the binding effect of the document on the parties and the lower courts were right to give effect to it.?
ISSUES
Whether the Court of Appeal was right in holding that the defendants/appellants were estopped per rem judicatam by the decision of the so-called Peace Committee or L.C. D.C. (Local Civil Defence Committee) or the Committee on War Effort?
RATIONES DECIDENDI
ESTOPPED PER REM JUDICATAM WHERE PARTIES SUBMIT TO DISPUTE RESOLAUTION BY CUSTOMARY BODY OR PERSON
“There is, in addition, the conclusion on arbitration as evidence by exhibit B. Where parties to a dispute voluntarily submit their dispute to a customary body of person such as the Peace Committee in this case for adjudication and agree to be bound by the decision of the body on the issues in controversy between them, if the body goes Into the matter, hears both sides and reaches a decision, the law takes the view that the parties to the dispute had chosen their own forum rather than the courts. None of the parties will be allowed later to back out of the decision if it does not favour it. It will be bound thereby and the successful party can plead the decision as estoppel.” Per NNAEMEKA-AGU, J.S.C
CASES CITED
National Insurance Corporation of Nigeria v. Power & Industrial Engineering Co. Ltd. (1986) 1 N.W.L.R (part 14)1Larbi v. Kwasi 13 W.A.C.A. 81, p. 82
STATUTES REFERRED TO
Evidence Act
