RACE AUTO SUPPLY COMPANY LIMITED & ORS VS ALHAJA FAOSAT AKIB
June 5, 2025BAKER MARINE NIGERIA LIMITED V. CHEVRON NIGERIA LIMITED
June 5, 2025Legalpedia Citation: (2006) Legalpedia (SC) 11738
In the Supreme Court of Nigeria
Fri Jun 9, 2006
Suit Number: SC.378/2001
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
MUKHTAR A.M, JUSTICE, SUPREME COURT
PARTIES
1. MUDA ANWOYI2. ASANI PELU3. WASIU ATAKAN4. BILLIAMINU ATAKAN5. ISMAILA ATAKAN6. KELANI ATAKAN7. JIMOH MOJIDI PELU8. TASIRU AKANBIIKUOLOGUN9. WAHAB TAIWO ALAKA10. FATAI JOSEPH (a.k.a “Araba”)11. LANREWAJU (a.k.a “Obele”)(For themselves and on behalf of Osumba Family) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents/plaintiffs at the trial court claimed for declaration of title in respect of a parcel of land against the appellants at the High Court. The claims of the respondents were dismissed by the trial court while their appeal against the judgment dismissing their case was dismissed by the Court of Appeal. They further appealed to the Supreme Court.
HELD
The appeal lacked merit and was dismissed.
ISSUES
Whether the Court of Appeal was right in holding that the decision in IK/21/67, CA/L/43/87 and SC 184/89 do not create Issue Estoppel to bar the respondents from relitigating the issues decided therein.If issue estoppel is not applicable, whether in the circumstances of the case now on appeal, the Court of Appeal was right to confirm the High Court judgment dismissing the Appellants’ counter-claim.
RATIONES DECIDENDI
PRECEDENT FOR THE APPLICATION OF THE DOCTRINE OF ISSUE ESTOPPEL
None.
CASES CITED
None.
STATUTES REFERRED TO
None.
