Estoppel (72)
HELD:
"For a plea of estoppel per rem judicatum to apply, the following conditions must be met, that is to say:-
HELD:
"Generally, the principle of law is well settled, that the plea of estoppel per rem judicatam is a shield rather than a sword.
HELD:
"it is glaring that the 3rd respondent had agreed, promised and represented to the 1st and 2nd respondents that it would pay a sum as novation for the amount owed by NITEL, and by doing so induced the 1st and 2nd respondents to alter their position by accepting a lower sum than what they were actually owed by NITEL.
HELD:
"it is glaring that the 3rd respondent had agreed, promised and represented to the 1st and 2nd respondents that it would pay a sum as novation for the amount owed by NITEL, and by doing so induced the 1st and 2nd respondents to alter their position by accepting a lower sum than what they were actually owed by NITEL.
HELD:
"...estoppel is not a rule of substantive law in the sense of declaring a right.