AUGUSTINE OBINECHE & ORS V. HUMPHREY AKUSOBI & ORS

CORAM

PARTIES

1. AUGUSTINE OBINECHE

2. PATRICK OKWARA

3. ADOLPHUS UBAWUIKE

4. RICHARD AGONSI

5. GREGORY NWAOGU

6. GODWIN ANYANWU(For themselves and as representatives of the Umuabor Community and Dikenafai inthe Ideato South LGA of Imo State)

APPELLANTS 

 HUMPHREY AKUSOBI & ORS

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

Both parties claimed title to the land in dispute. The respondents were awarded title to a large area of land which included the land in dispute. the appellants did not dispute the decision but claimed it was not relevant.

HELD

The court dismissed their appeal and held that the respondents proved title through the judgment.

ISSUES

1. Whether the Court of Appeal was right in holding that the plaintiffs/respondents title to the land in dispute had been established by the 1952 judgment in their favour by the Governor’s Court of Appeal Eastern Nigeria.?

2. Whether having found that the respondents have proved and established their title to the land in dispute, the Court of Appeal was right to have reversed and set aside the decision of the trial High Court, entered judgment for the respondents and dismissed the appellants’ counterclaim?

RATIONES DECIDENDI

PRESUMPTION OF VALIDITY OF JUDGMENT

There is a presumption of the validity and bindingness of a previous judgment until it is upturned on appeal. – Adekeye J.S.C.

WHETHER A NATIVE COURT JUDGMENT CAN OPERATE AS ESTOPPEL

A conclusive Native Court judgment may operate as estoppel per rem judicatam or issue estoppel – Adekeye J.S.C

CASES CITED

Kampala v. Umunna (1999) 5 NWLR pt. 505 pg. 321. Nwanwata v. Esumei (1998) 8 NWLR pt. 563 pg. 650. Babatunde v. Olatunji (2000) 2 SC 9. Oguigo v. Oguigo (2001) 1 WRN pg. 131Kamalu v. Umunna (1997) 5 NWLR pt. 505 pg. 321.

STATUTES REFERRED TO

None.

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