Estoppel (72)
HELD:
"However, as for the principle of res judicata to apply in any given proceedings, all the pre - conditions to a valid plea of estoppel must be shown to exist, namely:
HELD:
"It is settled that for the doctrine of estoppel per rem judicatam to apply, it must be shown that the parties, issues and subject matter in the previous action were the same as those in the action in which the plea is raised.
HELD:
"On this principle of issue estoppel, the court below per Oguntade JCA (as he then was) quoted extensively from the decision of this Court in WILLIAM LADEGA & ORS Vs SHITTU DUROSIMI & ORS (1978) 3 SC 91 at 101-102 and SAMUEL FADIORA & ANOR VS FESTUS GBADEBO & ANOR (1978) 3 SC 219 at 228 -229 and stated thus:
HELD:
"It is not necessary to plead estoppel in any particular form so long as the matter constituting estoppel is stated in such a manner as to show that the party pleading relies upon it as a defence or answer.
HELD:
"The rule is that estoppel must be mutual between the parties.
HELD:
"The fundamental effect of estoppel rem judicatam or estoppel by record is that 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.
HELD:
"...estoppel is not a rule of substantive law in the sense of declaring a right.
HELD:
"Perhaps it needs to be stressed here, that the doctrine of res judicata is a fundamental and important doctrine aimed at bringing an end to litigation.
HELD:
"For purpose of clarity, for the defence of Res Judicata to be successfully raised, the following conditions must co-exist or be met, namely;
