ORTHOPAEDIC HOSPITALS MANAGEMENT BOARD V. MALLAM UMARU GARBA
June 18, 2025GODFREY ISIEVWORE V. NATIONAL ELECTRIC POWER AUTHORITY
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 11111
In the Supreme Court of Nigeria
Fri Jul 12, 2002
Suit Number: SC. 39/98
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
PARTIES
1. NWEKE NWOKEDI2. LAWRENCE AKPE3. UYAMMADU OGUGUO(For themselves and on behalf of all others the people of Offianta Village, Nsugbe Town Oyi Local Government Area) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs claimed title to the land in dispute. The defendant filed an application to the effect that the suit constituted abuse of process and res judicata by virtue of a judgment given in 1957. That judgment in effect decided that the defendants were customary tenants of the plaintiffs. There had also been a judgment in 1907 giving title to the plaintiffs.
HELD
The court held that the 1957 judgment did not constitute res judicata in the circumstances and the 1907 judgment was still valid and subsisting.
ISSUES
Whether the 1957 judgment can successfully operate as res judicata.
RATIONES DECIDENDI
EFFECT OF JUDGMENT NOT APPEALED AGAINST
It is trite that a judgment not appealed against and or set aside by a Higher Court is a valid and subsisting judgment – Kalsina- Alu J.S.C.
CASES CITED
Williams v. Sanusi (1961) 1 ALL NLR p.334
STATUTES REFERRED TO
NONE
