ALHAJI ATIKU ABUBAKAR, G.C.O.N & 2 ORS V ALHAJI UMARU MUSA YAR’ADUA & ORS
May 30, 2025BENJAMIN ONWUGHAMBA EZENWA VS OKPARA OKO & 2 ORS
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 11176
In the Supreme Court of Nigeria
Fri Jan 25, 2008
Suit Number: SC. 234/2003
CORAM
OBASEKI, JUSTICE, SUPREME COURT,
PARTIES
MADAM ABUSATU AGBOGUNLERI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The land in dispute was a subject matter of dispute in an earlier suit between one Mr. Obe who claimed through the appellant’s family against the respondents. Judgment in the earlier suit was given in favour of the respondents.
HELD
The court held that the appellant was bound by the earlier decision irrespective of the fact that an appeal is still pending against that decision.
ISSUES
Whether the Court of Appeal was right in upholding the finding that the appellants are estopped by judgment in ID/199/81 (Exhibit DIB at the trial)
RATIONES DECIDENDI
CASES CITED
Cardoso v. Daniel (1986) 3 NWLR (Pt.20)
Arabic v. Kanga (1932) 1 WACA 253 at p. 254
STATUTES REFERRED TO
The Evidence Act
