CORAM
BAIRAMIAN, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
LAWAL ADISA YESUF SHITTA-BEY (for himself and the other descendants of Yesuf Shitta-Bey, deceased)
APPELLANTS
THE CHAIRMAN,LAGOS EXECUTIVE DEVELOPMENT BOARD AND ORS
RESPONDENTS
AREA(S) OF LAW
LAW OF EVIDENCE-PLEA OF RES JUDICATA—ESTOPPEL—APPEAL
SUMMARY OF FACTS
The appellants and the sec-ond respondents relates to the compen-sation payable for No. 41/43 Martins Street, Lagos, which was acquired by the Chairman, Lagos Executive Development Board. The second Claim-ants claim that the descendants of Yousuffo Shitta-Bey are entitled to half the amount, the first Claimants that it belongs in whole to the children of Mohammed Shitta-Bey.
HELD
The appeal is allowed
ISSUES
Not Available
RATIONES DECIDENDI
TEST FOR THE APPLICATION OF ESTOPPEL PER RES JUDICATA
‘The test is whether, if the will had been interpreted against Moham-med’s children, the arbitrator’s decision would have been binding on them as res judicata in favour of Yousuffo’s children in the present compensation proceedings: would the children of Yousuffo have been able to plead it as res judicata against them? for estoppel must be mutual.’ Per BAIRAMIAN F.J.
CASES CITED
Not Available
STATUTES REFERRED TO
1. Evidence Ordinance
2. The Supreme Court (Civil Procedure) Rules