CHIEF TIJANI JEGEDE & ORS V. ABA BAKARE GBAJUMO & ORS
August 11, 2025RABIATU LATUNWOUN ADELOWO & ORS V. AKINGBALA & ANOR
August 11, 2025Legalpedia Citation: (1974) Legalpedia (SC) 37111
In the Supreme Court of Nigeria
Fri Oct 25, 1974
Suit Number: SC. 23/1974
CORAM
MUHAMMED BELLO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
SALAWU YOYE (The Ololu of Igboburu, Ibefun) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff sought a declaration of title and injunction with respect to the land in dispute and contended that the previous decision on the land constitutes res judicata.
HELD
The court allowed the appeal and held that the plaintiff failed to prove res judicata and that it was inappropriate for him to set up the issue of res judicata.
ISSUES
Is the plea of res judicata available to the plaintiffs/respondents in this case? And if so, has it been sustained by them?
RATIONES DECIDENDI
PROPRIETY OF A PLAINTIFF SET UP THE ISSUE OF RES JUDICATA
The plea of res judicata therefore, robs the court of its jurisdiction; and that explains why, in practice, the plea has always been used only as a defence. It is a formidable weapon which may be pleaded in the Statement of Defence or in the plaintiffs Reply to the Statement of Defence, should the need arise. But, by its very nature, res judicata should have no place in the statement of claim.- Ibekwe J.S.C
BURDEN OF PROOF OF RES JUDICATA
The burden is on the party setting up the plea of res judicata to allege and establish to the satisfaction of the court that his opponent is seeking to put in controversy and re-agitate some question of law, or issue of fact, which is the very same question or issue which has already been the subject of a final decision between the same parties. – Ibekwe J.S.C.
CASES CITED
Odadhe v. Okujani (1973) 11 S.C. 343 at p. 353
Bassil v. Honger, 14 WACA 569 at p. 572
STATUTES REFERRED TO
