SILAS UKADIKE VS THE STATE
August 15, 2025OKAFOR UMEZE & 7 ORS VS THE STATE
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 12125
In the Supreme Court of Nigeria
Fri Jun 15, 1973
Suit Number: SC. 217/1973
CORAM
S.M.A. BELGORE (PRESIDED) – JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
J.O. AMAWOMRS V.E. ALAKA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs urged the Court to nullify the Certificate of Occupancy granted to the Defendant as they already possessed a Certificate of Occupancy with respect to the same property.
HELD
The Supreme Court held that the ruling of the High Court dismissing the plaintiffs case against the defendant be set aside
ISSUES
Whether in the particular circumstances res judicata was indeed established
RATIONES DECIDENDI
DEFENCE OF RES JUDICATA SHOULD BE PROPERLY PLEADED
We think it well established that where there should be pleadings res judicata should be properly set up as a plea in defence, and the particulars of such a pleas should also be included in such a way as should be sufficient to apprise the plaintiff on the matters
INHERENT JURISDICTION OF COURT TO STOP AN ABUSE OF ITS PROCESS
Every court has the inherent jurisdiction to stop an abuse of its process, and indeed to prevent the institution or continuation before it of any proceedings which are manifestly vexatious or scandalous or both. These characteristics stultify the action from its inception and we scarcely require further extrinsic facts to demonstrate their destructive effects.” Per COKER, JSC.
CASES WHERE THERE ARE NO PLEADINGS
“Where there are no pleadings, it is of utmost necessity that the evidence be clearly identified in order to establish and to make it clear the purpose of the evidence and what it is intended to establish by the evidence.” Per COKER, JSC.
CASES CITED
STATUTES REFERRED TO
