CORAM
SALIHU M. ALFA BELGORE JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, COURT OF APPEAL
MUHAMMADU LAWAL UWAIS
MICHAEL E. OGUNDARE JUSTICE, SUPREME COURT
EMMANUEL O. OGWUEGBU JUSTICE, SUPREME COURT (Delivered the Lead Judgment)
PARTIES
1. OBASI IBENYE2. NWAZUO AGBARA3. MICHAEL ONYEUKU4. REUBEN NDUKWE (FOR THEMSELVES AND ON BEHALF OF IHIE COMMUNITY NDUME IBEKU) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs claiming ownership over a parcel of land known as and called ‘Okpula Umuohu’ situate at Umuohu, Azueke, Ndume, Ibeku sued the defendants in representative capacity, seeking a declaration of title amongst other relieves.
HELD
The court held thus: I allow this appeal and set aside the judgment of the court below. I remit the consolidated suits to the court of trial to be retried by another Judge of that court. For the avoidance of doubt, the plea of res judicata is no longer available to the defendants as their appeal on that issue is hereby dismissed.
ISSUES
1. Whether it was proper for the Court of Appeal to have considered and decided on the merits of the appeal before dismissing the issue of res judicata2. Whether the Court of Appeal ought not to have upheld the plea of res judicata
RATIONES DECIDENDI
WHEN A PLEA OF RES JUDICATA/ESTOPPEL WILL ARISES
“To succeed on the plea raised by the defendants they most prove that – a. The parties in the two cases are the same. b. That the issues in the two cases are the same. c. That the subject matter is the same, and d. That the court that decided the earlier dispute must be one of competent jurisdiction.” Ogundare, JSC.
BURDEN OF PROOF
“Each party is a plaintiff who has the burden to prove its case relying on the strength of that case rather than on the weakness of the case of the opposing party.” Ogundare, JSC.
CASES CITED
1. Nwaneri v. Oriuwa (1959) 4 FSC 132; (1959) SCNLR 3162. Alashe v. Olori Ilu (1964) 1 All NLR 390, (1964) ANLR 3833. Esi v. Chief Secretary (1973) 11 SC. 189.
STATUTES REFERRED TO
None