ALHAJI A.B. ABUBAKAR V ALHAJI ABUBAKAR DANIYA WAZIRI & 3 ORS
May 28, 2025MRS. FLORENCE O. CARRENA & ANOR V. CHIEF AKINLASE & 11 ORS V CHIEF GAFARU AROWOLO
May 28, 2025Legalpedia Citation: (2008) Legalpedia (SC) 73331
In the Supreme Court of Nigeria
Fri Jun 27, 2008
Suit Number: SC. 414/2001
CORAM
HON. JUSTICE M.A.OWOADE JUSTICE, COURT OF APPEAL
WALTER SAMUEL NKANU ONNOGHEN, JSC JUSTICE, SUPREME COURT
PARTIES
1. PRINCE EYINADE OJO2. PRINCE RAIMI OLAYIWOLA OJO3. PRINCE BUSARI OYENIKU4. PRINCE AMOS OLAOYE(For themselves and on behalf of Okunla Ruling House of the Baale Ilora Chieftaincy. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants filed a fresh action on the same subject matter after their earlier claim had been dismissed by the Supreme Court.
HELD
The court held that their action constituted abuse of court process.
ISSUES
Whether or not the Appellants’ action against the Respondents brought at the trial court in 1994, was an abuse of the process of Court as found by the Court below in dismissing the Appellants’ appeal
RATIONES DECIDENDI
CONCURRENT FINDINGS OF FACT-WHEN THE SUPREME COURT WILL INTERFERE
Where there are concurrent findings of facts by two lower Courts as happened in the present case, this Court will not readily interfere with the findings made unless there is some miscarriage of justice or the violation of some principles of law or procedure – Mohammed J.S.C
THE DECISION OF THE SUPREME COURT CAN ONLY BE SET ASIDE BY LEGISLATION
The finality of the decisions of the Supreme Court in civil proceedings is absolute unless specifically set aside by a later legislation- Mohammed J.S.C
RE-LITIGATING AN ISSUE PREVIOUSLY DETERMINED IS AN ABUSE OF COURT PROCESS
Once one or more issues have been raised in a cause of action and distinctly determined or resolved between the same parties in a Court of competent jurisdiction, then neither party nor his privy or agent, can be allowed to re-litigate that or those decided issues all over again in another action between the same parties or their privies or agents on the same issues- Mohammed J.S.C.
CASES CITED
1. Oyegbola v. Esso West African Inc. (1966) 1 All N.L.R. 1702. Okorodudu v. Okoromadu (1977) 3 S.C. 213. Fadiora & Anor. v. Gbadebo & Anor. (1978) 3 S.C. 219 at 228 – 229; 4. Ogbogu v. Ndiribo (1992) 6 N.W.L.R. (Pt. 245) 40 at 61 5. Adebayo v. Babalola (1995) 7 N.W.L.R. (Pt. 408) 383 403. 6. Ometa v. Numa (1935) 11 N.L.R. 18 a7. Abinabina v. Enyimadu (1952) 12 W.A.C.A. 171
STATUTES REFERRED TO
The 1999 Constitution
