CORAM
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
PARTIES
IDOWU ALASE & ORS
APPELLANTS
SANYA OLORI ILU & ORS
RESPONDENTS
AREA(S) OF LAW
LAND LAW-TITLE TO LAND-DECLARATION-INJUNCTION
SUMMARY OF FACTS
The Appellants claim for title to land was dismissed by the learned trial judge on the defence of the defendants plea of res judicata
HELD
The Court held that it does not think that the plaintiff had stood by during the native court case or had made the then defendant their champion so as to be estopped by their conduct from reopening the matter and that the admission of the plan, “exhibit A” in evidence was wrong.
ISSUES
Whether a plea of res judicata can be upheld where it is not shown that the parties, issues and subject matter in the case forming the foundation of the plea are identical with the parties, issues and subject matter in the latter case in which the plea is raised.
Whether a survey plan that does not conform with statutory provision can be admitted in evidence
RATIONES DECIDENDI
DUTY OF COURT TO GIVE EFFECT TO A LEGISLATIONS
‘ It is the duty of all courts to give effect to legislation and the parties cannot by consent or acquiescence or failure to object nullify the effect of a statute’- ONYEAMA, J.S.C
WHEN THE PRINCIPLE OF RES JUDICATA WILL APPLY
‘It is clear that this principle can only apply in cases where the party sought to be estopped know what was passing and was content to stand by and let someone else in the same interest champion his cause and fight his battle.’ – ONYEAMA, J.S.C
CASES CITED
1. Nana Ofori Atta II v. Nana Abu Bonsra [1958] A.C. 95
2. Amachuna Nwakobi and Others v. Eugene Nzekwu and Another [1964] 1 W.L.R.1019
3. Owonyin v. Omotosho [1961] All N.L.R. Part II 304,308
4. Jacker v. International Cable Co. Ltd. (1888) 5 T.L.R. 13
STATUTES REFERRED TO