SAMUEL OSIGWE VS PSPLS MANAGEMENT CONSORTIUM LTD
May 28, 2025SHELL PETROLEUM DEV. CO. LTD V CHIEF VICTOR SUNDAY OLAREWAJU
May 28, 2025Legalpedia Citation: (2009-01) Legalpedia 33524 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Tue Jan 13, 2009
Suit Number: SC 159/2002
CORAM
A I KATSINA-ALU, JUSTICE SUPREME COURT
A M MUKHTAR, JUSTICE SUPREME COURT
M MOHAMMED, JUSTICE SUPREME COURT
F F TABAI, JUSTICE SUPREME COURT
C M. CHUKWUMA-ENEH (Lead Judgment), JUSTICE SUPREMME COURT
PARTIES
1. MALLAM YUSUF JIMOH
2. MALLAM RAIMI ALAPARUN
3. MALLAM YISA ALAPARUN
APPELLANTS
1. ALHAJI ISHOLA AREOGELE
2. MALLAM KARIMU AKANDE
RESPONDENTS
AREA(S) OF LAW
RES JUDICATA – APPEALS – JURISDICTION
SUMMARY OF FACTS
The appellant as plaintiff claimed damages for trespass against the respondent and the respondent counter-claimed for ownership and pleaded res judicata. The respondent’s contention was upheld by the High Court sitting in its appellate jurisdiction. The Court of Appeal affirmed the decision of the High Court. The appellant has further appealed
HELD
Appeal dismissed
ISSUES
1.This appeal is poised to be resolved on determining the sole issue of Res judicata without more.?
RATIONES DECIDENDI
WHEN LEAVE IS A PRE-CONDITION IT MUST BE OBTAINED
Appeals to the court on questions of mixed law and facts or facts alone in which case, leave is a pre-condition, have to be predicated on a prior leave obtained from the court below or the court. Per CHUKWUMA-ENEH, JSC
EFFECT OF PLEADING RES JUDICATA
Where the principle of Res judicata has been pleaded in a case that its full effect is to oust the jurisdiction of the court to hear the present matter before it as it is predicated on issue(s) or subject matter that has been adjudicated upon previously. Per CHUKWUMA-ENEH, JSC
CASES CITED
1. Ojemen v. Momodu II & Ors. (1983) NSCC 135
2. Nwajueba v. Ahabua & Anor. (1974) NSCC (Vol.9) 617
3. Innocent Ibero and Anor. v. Unte-Ohana (1993) 2 NWLR (Pt.277) 510
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria 1999
