CORAM
ANIAGOLU, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
H.R. SANYAOLUÂ APPELLANTS
RESPONDENTS
AREA(S) OF LAW
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
HELD
APPEAL DISMISSED
ISSUES
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
RATIONES DECIDENDI
TRIAL DE NOVO
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
CASES CITED
STATUTES REFERRED TO
Section 34(1) of the Evidence Act