CORAM

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GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

ANIAGOLU JUSTICE, SUPREME COURT

ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT

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PARTIES

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1. JACK AFIUWA EKPOKE

2. OKORODUDU OLOVBA (For themselves and on behalf of Jeddo Community Okpe clan).

APPELLANTS 

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1. DOUGLAS USILO

2. ABIEGUARETSE OKORODIDEN

3. ABIEKUNO ODODORO (For themselves on behalf of Ogodo Family of Jeddo.)

RESPONDENTS 

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AREA(S) OF LAW

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LAND LAW /  ESTOPPEL  – RES JUDICATA

 

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SUMMARY OF FACTS

The Appellants sought a declaration of title under Okpe Native Law and Custom to that parcel of land lying along Jeddo-Ughoton Road, Okpe Clan.

 

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HELD

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The Court held that the appeal therefore fails and is hereby dismissed. The appellants shall pay the respondents costs in this appeal assessed at N353.00 (Three Hundred and Fifty Three Naira).

 

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ISSUES

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1. Res Judicata

2. Identity of parties

 

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RATIONES DECIDENDI

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ESSENTIALS FOR PLEA OF ESTOPPEL PER REM JUDICATA

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“To found a plea of estoppel per rem judicatam, the defendants/ respondents had to satisfy the court that:

(1) the parties were the same;

(2) that the land was the same; and

(3) that the subject matter of the claim was the same.” Per Andrews O. Obaseki J.S.C.

 

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RES JUDICATA BASED ON JUDGEMENT OF A NATIVE COURT

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“To determine a question of res judicata, where the judgment relied upon is that of a Native Court, a court in which no pleadings are filed, the facts directly in issue in the action and determined by that judgment, are to be discovered from the substance as disclosed in the record of proceedings.” Per Andrews O. Obaseki J.S.C

 

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CASES CITED

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Madukolu & Ors. v. Nkemdilim (1962) 1 All NLR 587

Godfrey Ojo Aiwerioba v. Ogieva Bello (1968) NMLR 257 at 264

Lord Wilkinson v. Blades (1896) 2 Ch 788

Wytcherlay v. Andrews (1971) LR 2 P & M 327

Nana Ofori Atta II v. Nana Abu Bonsra II (1958) AC 95 at 103

 

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STATUTES REFERRED TO

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Evidence Act

 

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