NATIONAL ELECTRIC POWER AUTHORITY V. MUDASIRU AMUSA & ANOR
August 6, 2025T. A. ACHONU V. NATIONAL EMPLOYMENT MUTUAL INSURANCE COMPANY (NIG.) LTD
August 6, 2025Legalpedia Citation: (1976) Legalpedia (SC) 51211
In the Supreme Court of Nigeria
Fri Dec 17, 1976
Suit Number: SC. 473/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
WILSON ETITI LEWIS OBODO (for themselves and on behalf of the people of Ezi-Osu ) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants sued the respondent over some piece of communal land. Both parties gave evidence of traditional history to prove their title. The trial court believed the evidence of the respondent and gave judgment accordingly
HELD
The court affirmed the decision of the lower court and held that the trial court has rightly evaluated the evidence of the parties.
ISSUES
Whether or not the judgment is against the weight of evidence
RATIONES DECIDENDI
ESTOPPEL PER REM JUDICATA
If an individual was content to stand by while his battle was fought and concluded by another in the same interest he must be, and is, indeed, bound by the result and should not be allowed to re-open the case… IDIGBE, JSC
CASES CITED
Okorie Uwalaka & Ors. v. Ngwuliaku Agba & Ors. (1955) 15 WACA. 63 at 65
Hoystead v. The Commissioner of Taxation (1926) A.C. 155 at 165 (P.C.).
STATUTES REFERRED TO
None
