CORAM

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ANIAGOLU, JUSTICE, SUPREME COURT

SOWEMIMO, JUSTICE, SUPREME COURT

OKAY ACHIKE JUSTICE, SUPREME COURT

ESO, JUSTICE, SUPREME COURT

UWAIS, JUSTICE, SUPREME COURT

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PARTIES

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H.R. SANYAOLU APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Appellant claims against the Respondents a plot land along Haastrup Street! Ayilara Street, in Surulere, Lagos. And a declaration of title to the land in dispute and for an injunction restraining the defendant from taking possession of the land

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HELD

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APPEAL DISMISSED

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ISSUES

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Whether a decision on res judicata made in limine of a trial which (the trial) was rendered abortive on appeal would give rise to a valid plea of estoppel in a trial de novo

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RATIONES DECIDENDI

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TRIAL DE NOVO

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It was a fundamental principle of the doctrine of res judicata that no finding of the court or of a jury which has proved abortive would give rise to such pleas at a trial de novo. PER ANIAGOLU, J.S.C

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CASES CITED

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STATUTES REFERRED TO

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Section 34(1) of the Evidence Act

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