PRINCE EYINADE OJO & ORS VS GOVERNOR OF OYO STATE & ORS
July 17, 2025CHIEF ADEBAYO BASHORUN OLUFOSOYE & ORS VS JOHNSON O. OLORUNFEMI
July 17, 2025Legalpedia Citation: (1989-01) Legalpedia (SC) 00476
In the Supreme Court of Nigeria
Fri Jan 13, 1989
Suit Number: SC. 133/1987
CORAM
NNAMANI JUSTICE, SUPREME COURT
A. NNAMANI – JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, COURT OF APPEAL
AGBAJE JUSTICE, SUPREME COURT
WALI JUSTICE, SUPREME COURT
PARTIES
RANKING UDO & ORS
APPELLANTS
MBIAM OBOT & ORS
RESPONDENTS
AREA(S) OF LAW
ESTOPPEL PER REM JUDICATAM
SUMMARY OF FACTS
The respondent claimed title to the land in dispute on, inter alia; a previous decision which did not decide which of the parties had possession or owned the land now in dispute.
HELD
The court allowed the appeal and held that the court of appeal was in error in awarding title to the respondents on the basis of the decision.
ISSUES
Whether Exhibit “E” could operate as estoppel.
RATIONES DECIDENDI
WHEN A PREVIOUS DECISION BINDS PARTIES TO AN ACTION
It is not the mere raising of an issue that is binding on the parties. Rather it is the fact that such issue has been adjudicated upon and decided one way or another. When that is the case, it is not open to the losing party to re- open or re-litigate that issue which had already been decided and which should therefore be considered closed- Oputa J.S.C
CASES CITED
Mogo Chinwendu V. Nwanegbo Mbamali (1980) 3- 4 SC. 31
Bamishebi v. Faleye (1987) 2 NWLR. 51 at p. 58
Dzungive v. Gbishe (1985) 2 NWLR. 528(Pt.8) at p. 538
Ezewani v. Onwordi (1986) 4 NWLR. 27
STATUTES REFERRED TO
Not Available
