CHIEF FESTUS MAKENE IKOMI VS BANK OF WEST AFRICA LTD
September 3, 2025CHIEF ANDREW THOMAS VS LOCAL GOVERNMENT SERVICE BOARD
September 3, 2025Legalpedia Citation: (1965-05) Legalpedia 03045 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri May 28, 1965
Suit Number: FSC 198/1963
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
IJALE
APPELLANTS
LEVENTIS & CO. LTD
RESPONDENTS
AREA(S) OF LAW
RES JUDICATA
SUMMARY OF FACTS
The appellant instituted action for the balance of indebtedness between the parties in respect of the produce transactions which was a fact directly in issue in an earlier case between the parties.
HELD
The court dismissed the appeal.
ISSUES
Whether the appellant was estopped from instituting the action.
RATIONES DECIDENDI
OPERATION OF THE PRINCIPLE OF RES JUDICATA
‘Every judgment is conclusive proof, as against parties and privies, of facts directly in issue in the case, actually decided by the court, and appearing from the judgment itself to be the ground on which it was based; unless evidence was admitted in the action in which the judgment was delivered which is excluded in the action in which that judgment is intended to be proved’ – Brett J.S.C
CASES CITED
Hoystead v. Commissioner of Taxation [19261 A.C. 155, at 170
Medical Officers of Health v. Hope [1960] A.C. 551, at p.566
Canada and Dominion Sugar Co. Ltd., v. Canadian National (West Indies) Steamships Ltd. [1947] A.C.46 [at p. 56
STATUTES REFERRED TO
The Evidence Act
