CORAM

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COKER, JUSTICE, SUPREME COURT

LEWIS, JUSTICE, SUPREME COURT

UDOMA, JUSTICE, SUPREME COURT

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PARTIES

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NWOKOLO OLIKO & ANOR APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

A meeting was held before the Diokpa between the parties to settle the dispute over the land in issue. No findings or settlement was in fact reached at the meeting. The appellants claimed that there was a finding made in their favour and pleaded res judicata.

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HELD

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The court held that the meeting held before the Diopa did not pronounce a judicial decision and therefore res judicata did not arise and that the lower court was in error to have considered grounds of appeal not argued before it.

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ISSUES

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1. Whether the meeting held by before the Diopa on the land in dispute constituted estoppels per rem judicatam.

2. Whether the lower court was right in considering grounds of appeal which were not argued before.

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RATIONES DECIDENDI

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RES JUDICATA

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LIMITATION OF JUDGE TO GIVE JUDGEMENT ON ONLY GROUNDS OF APPEAL BEFORE HIM

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CASES CITED

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STATUTES REFERRED TO

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