EKAETE BASSEY OKPOSIN & ORS V. FLORENCE ASSAM (MRS) & ORS
June 10, 2025OBA YEKINI ELEGUSHI V. SARATA OSENI
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 82392
In the Supreme Court of Nigeria
Fri Jul 15, 2005
Suit Number: SC.161/2001
CORAM
MUHAMMADU LAWAL UWAIS, CJN JUSTICE, SUPREME COURT
ALOYSIUS IYORGYER KATSINA-ALU, JSC JUSTICE, SUPREME COURT
UMARU ATU KALGO, JSC JUSTICE, SUPREME COURT
DENNIS ONYEJIFE EDOZIE, JSC JUSTICE, SUPREME COURT
PARTIES
THE HONDA PLACE LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent instituted action against the appellant seeking relief based on an agreement which had been declared inoperative by a consent judgment in a previous suit between the parties.
HELD
The court held that the principles of res judicata availed the appellant and that the suit was an abuse of court process.
ISSUES
1. Whether there was sufficient materials before the High Court to enable it consider and decide the plea of res judicata.2. Whether if, as decided by the court below, it is necessary for a court to examine the writ of summons and pleadings filed in an earlier suit before deciding whether a plea of res judicata avails the Defendant, the court below was right in dismissing the Appellant’s application instead of striking it out.3. Whether the suit is not an abuse of court process bearing in mind the consent judgment in Suit No. LD/1643/96.
RATIONES DECIDENDI
CASES CITED
1) Hudderfield Banking Co. Ltd V. Henry Lister & Son Ltd. (1895) 2 Ch. 273. 2) Odunsi V. Boulos (1954) F.S.C 2343) Udo V. Obot (1989) 1 NWLR (Pt 95) 59; 4) Cardoso V. Daniel (1986) 2 NWLR (Pt 20) 1;5) Dzungwe V. Gbishe (1985) 2 NWLR (Pt 8) 528; 6) Ezenwa V. Kareem (1990) 3 NWLR (Pt 138) 2587) Odutola V. Oderinde [2004] 12 NWLR (Part 888) 574, (2004) 6 SCM 1618) Houstead V. Commissioner of Taxation (1926) AC 155 at 165
STATUTES REFERRED TO
The Evidence Act?
