Res Judicata (54)
HELD:
"Where a party sets up res judicata by way of estoppel as a bar to the other parties claim, the following must be established.
HELD:
"A successful plea of res judicata -
HELD:
"The principle of res judicata effectively precludes a party to an action or his privies from disputing against the other party, in any subsequent suit, matters which had been adjudicated upon previously by a court of competent jurisdiction between him and his adversary involving the same issues,
HELD:
"Estoppel per rem judicatam or estopel of record arises where an issue of fact has been judicially determined in a final manner between the parties or their privies by a court or tribunal having jurisdiction in the matter and the same issue comes directly in question in subsequent proceedings between the parties or their privies." MEMUDU AJIBOYE v. ALHAJI OLOYEDE ISHOLA(2006) LPELR-301(SC) Per Onnoghen, J.S.C. (Pp.13-14, Paras.G-A)
FACTS:
"The plea of estoppels per rem judicatam is a shield rather than a sword. It is not available to the plaintiff in his statement of claim as raising the same will amount to impugning the jurisdiction of the Court to which he has brought his case. This is so because a successful plea of the doctrine would have the effect of ousting the jurisdiction of the Court before which the doctrine is raised." Per NGWUTA, J.S.C. (P. 29, paras. D-E) S. A. ADEYEFA & ORS v. BELLO BAMGBOYE(2014) LPELR-22884(SC)
"Estoppel per rem judicatam is a rule of evidence whereby a party or his privy is precluded from disputing in any subsequent proceedings, matters which had been adjudicated upon previously by a Court of competent jurisdiction between him and his opponent.
"Estoppel per rem judicatam is a rule of evidence whereby a party or his privy is precluded from disputing in any subsequent proceedings, matters which had been adjudicated upon previously by a Court of competent jurisdiction between him and his opponent.
"The main issue is whether the previous customary court judgment in suit No. 27/83 tendered as exhibit P1 between the Appellants and the Respondents predecessors in title which declared the land-in-dispute an access road was conclusive of the issue so decided and thus created an issue estoppels and binding on the parties to this appeal.
"The plea of estoppels per rem judicatam is a shield rather than a sword. It is not available to the plaintiff in his statement of claim as raising the same will amount to impugning the jurisdiction of the Court to which he has brought his case. This is so because a successful plea of the doctrine would have the effect of ousting the jurisdiction of the Court before which the doctrine is raised." Per NGWUTA, J.S.C. (P. 29, paras. D-E) Per , J.S.C. (P. 0, Para. ) S. A. ADEYEFA & ORS v. BELLO BAMGBOYE(2014) LPELR-22884(SC)