May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 02371 In the Supreme Court of Nigeria Fri Mar 5, 2010 Suit Number: SC.83/2004 CORAM PARTIES MR. JIMOH ALABI ALAPO APPELLANTS MR. AUGUSTUS […]
CORAM
PARTIES
MR. JIMOH ALABI ALAPO APPELLANTS
MR. AUGUSTUS O. AGBOKERE & ANOR
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was substituted for the original plaintiff who instituted afresh a matter that has been litigated upon. The trial judge gave judgment in favour of the plaintiff but it was upturned at the court of appeal. The appellant has further appealed.
HELD
Appeal is dismissed
ISSUES
1. Whether or not the land in dispute in suit No. ID/333/80 and appeal No. CA/L/168/87 was the same one in dispute in the current case.?
RATIONES DECIDENDI
THE RATIONALE BEHIND THE PRINCIPLE OF ESTOPPEL.
“A judgment between the same parties over the same subject-matter and issues is forever binding on their privies not because the judgment is right. The rationale behind the doctrine of estoppel is expressed in the legal maxim – Interest reipublicae ut sit finis litium. It is in the interest of the State that there must be an end to litigation.” Per OGUNTADE J.S.C
CASES CITED
1. Ibuluya v. Dikibo [1976] 6 S.C. 97
STATUTES REFERRED TO
NONE