Legalpedia Citation: (2012) Legalpedia (SC) 08115

In the Supreme Court of Nigeria

Fri Apr 13, 2012

Suit Number: SC 59/2003

CORAM

PARTIES

1. OKWUDU NWAKONOBI

2. NWEKE IGWEAGU

3. ROWLAND NWABUDE (For themselves and on behalf of the people of Ezi Umuanya village, Umunya)

APPELLANTS 

BENEDICT UDEORAH & ORS

DEFENDANTS/ RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

This is an appeal by the plaintiffs/appellants against the judgment of the Court of Appeal allowing the appeal of the defendants/respondents from the decision of the High Court. The appellants appealed to the Supreme Court on three grounds by notice of appeal.

HELD

The appeal was dismissed due to lack of merit.?

ISSUES

1. Whether the court below was correct in holding that the appellants are afflicted and caught by the doctrine of estoppels by standing by with respect to the land in dispute.?

2. Whether the court below failed to consider and or avert its mind to evidence of acts of possession by the appellants at the trial court in respect to the land in dispute.?

3. Whether the court below properly interpreted Exhibits 16, 17, and 18 to come to the conclusion that the exhibits represents parts of the land in dispute.?

 

RATIONES DECIDENDI

DISTINCTION BETWEEN RES JUDICATA AND ESTOPPELS BY STANDING BY.

“Res judicata arises as a matter of record, whilst estoppels by standing by is an equitable doctrine and is essentially a question of fact.” Per Suleiman Galadima, JSC.

WHAT THE PARTY MUST DO IN ORDER TO HOLD THAT THE OPERATION OF THE DOCTRINE OF ESTOPPELS HAS COME INTO PLAY.

“In order for a court to rightly hold that the operation of the doctrine of estoppels by standing by has affectually come into play, the party must have established necessary conditions.” Per Suleiman Galadima, JSC.

WHETHER PREVIOUS JUDGEMENT CAN BE USED TO PROOVE ACT OF POSSESSION

“A judgment in a previous case may rightly be used to prove acts of possession.” Per Suleiman Galadima, JSC.

MODE OF PROVING TITLE

“One of the modes of proving title is through acts of possession.” Per Suleiman Galadima, JSC.

CASES CITED

Ekpoke v. Usilo (1978) 6SC. 187 at 203Nana Ofori Atta 11 v. Nana Abu Bansra 11 (1958) AC 95 at 103Anyaoke v. Adi (1986) 3 NWLR (pt. 31)Balogun v. Agboola (1974) 10 SC. 111 at 119Okafor & Ors v. Obiwa & Anor (1978) 9 & 10 SC. 115Idundun v. Okumagba (1976) NSCL 445 at 453-455?

STATUTES REFERRED TO

NONE

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