SULE IYANDA SALAWU VS THE STATE
August 19, 2025TOTAL NIGERIA LTD VS ELECTRICAL AND MECHANICAL COMPANY LIMITED
August 19, 2025Legalpedia Citation: (1972) Legalpedia (SC) 10710
In the Supreme Court of Nigeria
Fri Sep 1, 1972
Suit Number: SC.109/1972
CORAM
OPUTA
ELIAS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
Y. A. LAWAL APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The action was for declaration of title to land under Yoruba Native Law& Custom. The appellants proof of ownership was based on their ancestral roots while the respondents relied on grants of the land they had made.
HELD
The Court held that the primary onus of proof on the plaintiff has been discharged they had established that they are the owners and the matter was res judicata.
ISSUES
Whether the Judge ascribed proper probative values to the evidence concerning title to the land claimed and the acts of possession suggestive of exclusive dominion over the land.
RATIONES DECIDENDI
PRINCIPLE OF RES JUDICATA
Once an issue has been raised and distinctly determined between parties, then as a general rule, neither party can be allowed to fight the same issue all over again. It is res judicata”.
COKER J S C PER LORD DENNING (IN FIDELITAS SHIPPING V. V/O EXPORTCHLEB
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CASES CITED
KODILINYE V. MBANEFO ODU (1935) 2 WACA 336
WATT OR THOMAS V. THOMAS (1947) AC 484 P.489 AT 490
FATOYINBO & ORS V.WILLIAMS ALIAS SANNI & ORS (1956) 1 FSC 87
AZUIKE UME & ORS V. ALFRED EZECHI & ORS (1964) I WLR 701 at 700
UKIA EDAM & ORS V. AJA ORIE & ORS FSC 54 /62 (Delivered on the 21st of March 1963).
LAWRENCE ONYEKAONWU & ORS V. EKWUBIRI (1966) I ALL WLR 32 at 35
FIDE LITAS SHIPPING CO.LTD V. EXPORTCHLEB (1966) 1 Q.B 630
PAUL O. OMOREGBE V. EHIGIATOR EDO SC 142 /69 (Decided on the 29th day of October 1971)
STATUTES REFERRED TO
SUPREME COURT ACT
