CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
PARTIES
SAMUEL ADENLE
APPELLANTS
MICHEAL OYEGBADE
RESPONDENTS
AREA(S) OF LAW
LAND LAW-TITLE TO LAND-DECLARATION-STOOL LAND
SUMMARY OF FACTS
The appellant sought a declaration of title to a parcel of land over which there had been a previous judgement, though he was not a party to the previous suit he had knowledge of it. The trial judge dismissed his suit on the ground that he was caught by the plea of res judicata.
HELD
The Court held that they are therefore unable to agree with the learned Judge that the extended doctrine of res judicata of standing by when a man becomes aware of an action, can be applied where during the pendency of the action, he brought his own action, before judgment was given in the former or pending action and accordingly allowed the appeal and the judgement of the trial court set aside.
ISSUES
Whether the extended doctrine of res judicata had caught up with the appellant.
RATIONES DECIDENDI
ON WHETHER THE DOCTRINE OF ‘ STANDING BY’ CAN BE APPLIED WHERE THERE IS A PENDING ACTION
‘We are therefore unable to agree with the learned Judge that the extended doctrine of res judicata of standing by when a man becomes aware of an action, can be applied where during the pendency of the action, he brought his own action, before judgment was given in the former or pending action.’ ADEMOLA, C.J.N.
CASES CITED
Lawani Sabilesu v. Michael Oyegbade suit No. I/187/57
STATUTES REFERRED TO