JACK AFIUWA EKPOKE & ANOR V. DOUGLAS USILO & ORS

CORAM

GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

ANIAGOLU JUSTICE, SUPREME COURT

ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT

PARTIES

1. JACK AFIUWA EKPOKE

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

APPELLANTS

1. DOUGLAS USILO

2. ABIEGUARETSE OKORODIDEN

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

RESPONDENTS

AREA(S) OF LAW

LAND LAW / ESTOPPEL – RES JUDICATA

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.

HELD

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).

ISSUES

1. Res Judicata

2. Identity of parties

RATIONES DECIDENDI

ESSENTIALS FOR PLEA OF ESTOPPEL PER REM JUDICATA

“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.

RES JUDICATA BASED ON JUDGEMENT OF A NATIVE COURT

“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