CORAM

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OBASEKI JUSTICE, SUPREME COURT ESO JUSTICE, SUPREME COURT AGBAJE JUSTICE, SUPREME COURT NNAEMEKA-AGU

ESO, JUSTICE SUPREME COURT

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PARTIES

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JOSHUA ALAO

APPELLANTS 

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GBADAMOSI AKANO

RESPONDENTS 

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AREA(S) OF LAW

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CUSTOMARY LAW – DECLARATION OF TITLE – JURISDICTION – INJUNCTION – RES JUDICATA – LIMITATION OF ACTION

 

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SUMMARY OF FACTS

The former Bale died and the Respondent was appointed to succeed him. The Appellant took objection to this, and sued the Respondent to Court.

 

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HELD

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The Court held that the grounds of appeal fail and they are accordingly dismissed. The judgment of the lower Court is hereby affirmed. It is ordered that the Appellant shall pay costs to the Respondent

 

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ISSUES

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1. Whether the Appellant is estopped by all previous judgments between the parties from bringing the present action in 1981 against the Respondent. In short, does the doctrine of res judicata apply to this case?2. When did the cause of action arise, – was it in 1972 when the Respondent was first appointed, or in 1981 when he was “re-turbaned” by the Emir of Ilorin?

 

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RATIONES DECIDENDI

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THE DOCTRINE OF RES JUDICATA.

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1. “The principle behind this rule, is that where a competent court has determined an issue, and entered judgment thereon, neither party may relitigate that issue by formulating a fresh action on what has been already been decided.” E.B.CRAIG, JSC.

 

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ELEMENTS OF RES JUDICATA.

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2. “To succeed on a plea of res judicata, the defendant must prove: a. That the parties in all previous cases are the same as in the present suit. b. That the subject matter is the same and c. That the decision between the parties is in respect of the same cause of action.” E.B.CRAIG, JSC.

 

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CASES CITED

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1. Peter Olabiyi v. Sule Abiona (1955-6) WRNLR 126.2. M. Oduka v. Kasunmu (1968) NMLR 28.3. Madukolu v. Nkemdilim (1962) 1 All NLR 587

 

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STATUTES REFERRED TO

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Native Authority Law

 

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