CHIEF J. A. OJO V SAULA OGISANYIN ANIBIRE & ORS
June 11, 2025ASHLEY AGWASIM V DAVID OJICHIE
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 11110
In the Supreme Court of Nigeria
Sun May 2, 2004
Suit Number: SC. 144/1999
CORAM
ANTHON, IKECHUKWU IGUH, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT (Lead Judgment)
SAUHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT (Read the Leading Judgment)
PARTIES
1. M. O. ODUTOLA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant raised the plea of res judicata to the respondent’s claim for declaration of title to the land in dispute on the basis of a previous decision. ?
HELD
The court held that as the land in the previous suit is less than the area now claimed in the present case and one of the conditions for establishing the plea of res judicata (i.e. that the subject matter should be the same) was not met.
ISSUES
Whether the Court of Appeal was right in not upholding the plea of “estoppel per rem judicatam. ?
RATIONES DECIDENDI
CASES CITED
NKANU & ORS V. ONUM & ORS. (1977) 5 SC 11 DZUNGWE V. GBISHE (1985) 2 N.W.L.R. (PT. 8) 528. UDO V. OBOT (1989) 2 N.W.L.R. (PT. 95) 59?
STATUTES REFERRED TO
None.
