PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
ESTOPPEL – CASES/JUDGMENT OF NIGERIAN COURTS – 2
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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| TITLE | MAIN ISSUE |
| FADIORA AND ANOTHER. V. GBADEBO AND ANOTHER | ESTOPPEL:- Claim for declaration of title – Damages for use – Effect of order of re-trial on initial trial – Whether estoppel applies. |
| FELIX ANYAKORA & ORS. V. NWAFOR OBIAKOR & ORS. | EVIDENCE – RES JUDICATA: Whether the first in time should prevail where there are series of judgments between parties in respect of same subject matter |
| FIDELITAS SHIPPING CO. LTD V. VO EXPORTCHLEB | ESTOPPEL:- Per rem judicatam – Issue estoppel – How treated |
| FOINTRADES LIMITED v UNIVERSAL ASSOCIATE COMPANY LIMITED | ESTOPPEL:– Judgment in rem and in personam – meaning of – distinction between. |
| FRANCIS EKHAISE V. OSARETIN ODEH | ESTOPPEL:- Decision given when plaintiff was a minor – Plaintiff delaying action against decision ten years after attaining majority – Whether delay excusable. |
| GABRIEL MADUKOLU, & ORS V. J. NKEMDILIM | ESTOPPEL:- Res Judicata – Issue Estoppel -Action for rent grounded upon claim of grant of Tenancy by Plaintiff as Owner -Dismissal of Claim – Later Action by Plaintiff against Defendant for Declaration of Title to the lands – Whether dismissal of rent case res judicata action for Declaration of Title.
ESTOPPEL:- Res Judicata – Identity of Action – Whether same evidence in prior action can support a latter one |
| GAFAI V U.A.C. | ESTOPPEL:- Res Judicata — Basis of the doctrine of estoppel per rem judicatam — Interest of community in termination of disputes and protection of individual from vexatious multiplication of suits. |
| GALLIE V LEE AND ANOTHER | ESTOPPEL:- Estoppel in pais – Estoppel by conduct – Assignment of leasehold – Non est factum – Whether assignor can maintain plea against innocent third party who had taken action in reliance on assignment. |
| HAMMED A. TORIOLA AND ANOR. V. MRS. OLUSHOLA WILLIAMS | ESTOPPEL:- Election in the conduct of litigation – Meaning and distinction from estoppels per rem judicatam – When a question of election is deemed to arise – |
| HASSAN AND ORS V. ALHAJI SUFIANU AMINU AND ORS | ESTOPPEL – RES JUDICATA:– Parties – Need for parties to be the same in a previous suit before estoppel per rem judicatam can apply in a subsequent action. |
| HON. ANTHONY OGUEJIOFOR & ORS V. HYACINTH EJIDIKE & ORS | ESTOPPEL – ESTOPPEL BY STANDING BY: Instance when the principle of estoppel by standing by will take force |
| IBERO V UME-OHANA | ESTOPPEL:- Estoppel per rem judicatam -Effect where subsisting judgment not pleaded – Res judicata – Whether action by two different individuals in personam constitutes res judicata against that party as a representative not privy. |
| IGWEGO AND OTHERS V EZEUGO AND OTHERS | ESTOPPEL:- Estoppel per rem judicatam – Whether decision of a Customary arbitration panel could form basis of plea in an action in the regular courts. |
| IJALE V. LEVENTIS & CO. LTD | ESTOPPEL:- Judgment judicata – its extent |
| IKE V ODUMA | ESTOPPEL:- Acquiescence – Condition for successful plea thereof |
| IKE V UGBOAJA |
ESTOPPEL – Estoppel per rem judicatam – Counsel canvassing – Duty thereon. ESTOPPEL – Estoppel per rem judicatam – Plea of – Who may invoke – When it may be invoked – Successful plea of – Effect |
| IKPE V CHIEF DANIEL SOKARI GEORGE | ESTOPPEL:- Res judicata – Earlier judgment on which plea based entered in default – Incomplete record of proceedings of earlier case at present trial – Effect
ESTOPPEL:- Res judicata – Incomplete record of proceedings – Inability of trial court to determine the issue thereof – Whether non-suit is the proper order. |
| IN THE MATTER OF AN APPLICATION BY CHIEF SALAMI ADESINA |
ESTOPPEL:- Res judicata – Requirements for successful plea of. ESTOPPEL:- Res judicata -Where area in dispute covers more than area involved in previous litigation – Effect thereof: |
| ITO V EKPE | ESTOPPEL:- Pleas of res judicata and issue estoppel-their meaning and effect- when they apply
ESTOPPEL:- Requirement that it be specially pleaded – What amounts to sufficient pleading of – Whether no particular form required under modern rules – Whether sufficient to plead facts and circumstances of relevant previous judgments. ESTOPPEL:- Estoppel by record inter partes – Kinds of – Cause of action estoppel and Issue estoppel – Descriptions – When each is deemed to have occurred – Whether issue estoppel applies to points of law or facts or mixed law and fact – Need for party to specifically plead estoppels – Effect of failure thereto |
| IYAKIN V GBAJUMO | ESTOPPEL:- Plea of – What amounts to sufficient plea of – Res judicata – When deemed established. |
| IYOWUAWI V IYOWUAWI | ESTOPPEL:- Res judicata – Conditions to be satisfied – Admissions in previous proceedings as ground for plea – Guiding principle
ESTOPPEL:- Issue and cause of action estoppel – Meaning and distinction. ESTOPPEL – Res judicata – Plea as weapon of offence and defence – Use of |
| JACK AND OTHERS. V. HARRY | ESTOPPEL:- Estoppel per rem judicatam – Whether can be successfully pleaded where there is no evidence as to subject of dispute. |
| KAMALU V UMUNNA | ESTOPPEL – Estoppel by standing by – what it is.
ESTOPPEL – Issue estoppel – When arises |
| KUDU V ALIYU | ESTOPPEL:‑ Waiver ‑ Person having full knowledge of his right but intentionally deciding to give up all or some of them ‑ Whether can afterwards complain. |
| LATEX V IYANDA | ESTOPPEL – Res Judicata – Appeal against judgment of Native Court in earlier case struck out – Whether such judgment can ground a plea. |
| LAWAL V DAWODU | ESTOPPEL:- Res judicata – Interlocutory decision on an issue – Binding effect on same proceedings – S.34(I) of Evidence Act. |
| LAWAL V SALAMI | ESTOPPEL:- Doctrine of standing-by – Basis of – Application of.
ESTOPPEL:- Estoppel per rein judicatam – Judgment of court- When can operate as. ESTOPPEL:- Res judicata – Burden of proof of – On Whom lies – Requirements for successful plea of |
| LEWIS V. MAJEKODUNMI | ESTOPPEL:- Admission made in pleading of earlier suit by counsel – Admission therein not relevant to resolution of dispute or affirmed in final judgment – When sought to be set up as res judicata in another suit – Whether the pleading of counsel for a party is binding on the party in the suit in which it is delivered for the purposes of that suit – estoppel – Whether there is any rule of evidence which bars a party from pleading differently in a subsequent suit from what his counsel formally pleaded in the former suit on a subject that was not material to the former dispute – Relevant considerations |
| LONG-JOHN V BLAKK | ESTOPPEL:- Estoppel per rem judicatam -Basis of application of – Ingredients of successful plea of. |
| MACKSON IKENI v CHIEF WILLIAM AKUMA EFAMO |
ESTOPPEL:– Application of cause of action Estoppel ESTOPPEL:– Relationship between cause of action estoppel and issue estoppel. |
| MADAM ABUSATU AGBOGUNLERI V. MR. JOHN DEPO & ORS | ESTOPPEL:- Estoppel Per Rem Judicata:- When it arises |
| MAJIYAGBE V JEGEDE |
ESTOPPEL:- Estoppel by Record – How to be proved. ESTOPPEL:- Res Judicata – Proof of – Failure to produce judgment in evidence – Effect. |
| MAJOR S. G. IDAKWO (RTD) V. MALL. ALIYU IBRAHIM & ANOR. | ESTOPPEL:- Classification of privies |
| MENAKAYA V. MENAKAYA | ESTOPPEL:- Meaning – Implication as the inhibition to assert a personal right, benefit or advantage in consequence of previous conduct, admission or in consequence of a final adjudication of the matter in a court of law – Whether any decision made by a court contrary to a mandatory statutory provision is a nullity and not amenable to the inhibition of estoppels |
| MRS. RONKE OMIYALE V. MOBOLAJI MACAULAY & ORS | ESTOPPEL – ESTOPPEL PER RES JUDICATA: Plea of estoppel per rem judicatam – Whether must be mutually enforceable – principle that “Estoppel is only admitted as part of our law to secure finality in litigation” – Principle of mutuality – Meaning in relation to land transaction – Whether Prima Facie, a prior purchaser of land cannot be estopped as being privy in estate by a judgment obtained in an action against the vendor commenced after the purchase
ESTOPPEL – PLEA OF RES JUDICATA: Where respondents did not know about the suits and allowed their battle to be fought on their behalf by another – Whether caught by the outcome |
| MUDA ANWOYI & ORS V. JOHN BANKOLE SHODEKE & ORS | ESTOPPEL:- Conditions for application of the principle of Res Judicata |
| NAFAMA THIMNU V. UNION BANK OF NIGERIA PLC & ORS | ESTOPPEL:- Issue estoppel – Purpose – As an impediment which bars a person from relitigating an issue which has been isolated and raised in a particular proceeding and has been finally determined in that proceedings – Condition for issue estoppel |
| NANA OFORI ATTA II v NANA ABU BONSRA II | ESTOPPEL:- Estoppe by Conduct – Standing by judicial proceedings – Rival claims to stool Lands – Previous suits between parties’ subordinates on same interest – Knowingly standing by – Whether plaintiff estopped by conduct from litigating same issue |
| NATIONAL WESTMINSTER BANK PLC V SOMER INTERNATIONAL (UK) LTD | ESTOPPEL:– Representation – Mistake – Payment of money – Bank making payment to customer by mistake and representing that money was customer’s – Customer suffering financial detriment as a result but in a sum much smaller than amount of overpayment – Whether estoppel by representation providing complete defence to claim for recovery of money paid by mistake. |
| NIGERIAN BANK FOR COMMERCE AND INDUSTRY V. INTEGRATED GAS (NIGERIA) LIMITED |
ESTOPPEL:- Equitable defences – Waiver or estoppel – How pleaded – Principles governing – Whether special form required – Need to plead sufficient facts. ESTOPPEL:- Waiver – Meaning and nature of – How it occurs – Relevant considerations. |
| NKAMA V UKA | ESTOPPEL – RES JUDICATA:- Land suit – Identity of land relitigated upon – Need to determine same |
| NKWO v UCHENDU |
ESTOPPEL:- Estoppel per rem judicatam – Conditions for successful plea of – Relevant guiding principles ESTOPPEL:- Estoppel per rem judicatam – Conditions for successful plea of – Relevant guiding principles. ESTOPPEL:- Estoppel per rem judicatam-Plea of-Where successfully established – Effect. |
| NNAKWE V. THE STATE | |
| NWOSU V UDEAJA | ESTOPPEL:- Estoppel per rem judicatam – Essence of – Effect of fraud on estoppel – Estoppel by “standing by” – When applicable – Different classes of privies. |
| NYUFAM AUGUSTINE BASSEY EYO & ORS. V. NTUFAM OJONG OKPA & ANOR. | ESTOPPEL – – ESTOPPEL PER REM JUDICATAM: Whether it is proper for a party who has already gotten judgment previously in his favour to use such judgment as a foundation for an action in trespass |
| OCHULO V OGIDI | ESTOPPEL:- Res judicata – Findings in previous case – Application to later case. |
| ODADHE AND OTHERS V. OKUJENI AND OTHERS | ESTOPPEL:- Joinder of parties – Defence of estoppel. |
| ODI V OSAFILE(CA) | ESTOPPEL – RES JUDICATA:- Application of |
| ODONIGI V. OYELEKE | ESTOPPEL: – Estoppel per rem judicatam and issue estoppel – Operation of
ESTOPPEL:- Estoppel per rem judicatam and issue estoppel – Previous decision in criminal case – Whether can operate as estoppel in a subsequent civil case – Relevant considerations. ESTOPPEL:- Res judicata – Principle or doctrine of – Application of |
| ODUOLA AND OTHERS. V. NABHAN AND OTHERS. | ESTOPPEL:- Estoppel per rem judicatam – Non-suit – Whether a non-suit does not give rise to estoppels |
| ODUTOLA V ODERINDE | ESTOPPEL:- Estoppel per rem judicatam – Conditions for successful plea of.
ESTOPPEL:- Estoppel per rem judicatam – Conditions for successful plea of. |
| OGBEIDE V OBAZEE | ESTOPPEL:- Res judicata – When applicable |
| OGBOGU AND OTHERS V NDIRIBE AND OTHERS | ESTOPPEL:- Estoppel per rem judicatam – When plea can be validly made – Issue Estoppel – When previously raised and determined issues can be raised in subsequent proceedings. |
| OGBONNA v ATTORNEY GENERAL IMO STATE | ESTOPPEL:- Party who has accepted an irregularity – Estopped from complaining against such irregularity – Concurrent conclusions on interpretation of document – Not to qualify as concurrent finding – Appellate court not estopped from giving independent judgment. |
| OGIAMIEN AND ANOTHER V. OGIAMIEN | ESTOPPEL:- Res judicata – Same issue between same parties and privy – High Court – Reviewing subsisting native court judgment pleaded as res judicata – Whether proper |
| OGUNBONA V FYNHOUR | ESTOPPEL:- Persons who personally induced misrepresentation – Whether allowed to rely on estoppel. |
| OGUNDIANI V. ARABA | RES JUDICATA:- Estoppel by standing by – meaning of a ‘party’ in relation to same – Whether application of estoppel by standing by is limited only to probate matters or can be applied in suits relating to land.
ESTOPPEL – RES JUDICATA:- Estoppel by standing by – Whether application of same could make a judgment given in an action conmmenced after a sale of land binding on a purchaser. |
| OKE V ATOLOYE | ESTOPPEL:- acquiescence-when applicable. |
| OSONDU AND ANOTHER V. ADUKA AND ANOTHER | ESTOPPEL:- Declaration of title – Non suit – Plea of issue estoppel – Whether proper – Customary tenure. |
| OSU OBLA & ORS. V. OSANGA OTAGOYI & ORS. |
ESTOPPEL: Whether failure to join parties that ought to be joined operates as estoppel against the plaintiff ESTOPPEL – ESTOPPEL PER REM JUDICATAM: When estoppel per rem judicatam operates |
| OSUNTUYI V AKWUKWUOCHU | ESTOPPEL:- Res judicata — Previous suit undefended—Whether new suit on same matter by defendant constitutes abuse of process-Application to dismiss suit under Order 28 Supreme Court (Civil Procedure) Rules. |
| OWUNARI LONG-JOHN & ORS. V. CHIEF CRAWFORD N. BLAKK & ORS | EVIDENCE – Estoppel: Condition precedent to successful plea of res judicata |
| OYEROGBA V OLAOPA | ESTOPPEL:- “Privies” – Meaning tied classifications offer purpose of plea of res judicata.
ESTOPPEL:- Estoppel be conduct – Meaning and nature of. ESTOPPEL:- Issue estoppel – Application of – Conditions necessary for- Whether heading and description of actions paramount. ESTOPPEL:- Meaning, nature and types of estoppel. |
| OYEYEMI V COMMISSIONER FOR LOCAL GOVT. | ESTOPPEL:- Estoppel by conduct – How inferred. |
| ROBERT ENAJITE UGHUTEVBE V. DR. OWODIRAN SHONOWO | ESTOPPEL:- Plea of estoppel – Underlying basis of – How it operates. |
| S. A. ADEBANJO V. A. A. BROWN | ESTOPPEL:- Estoppel by conduct waiver of a party’s right to sue for trespass. |
| S.O. NTUK, (FOR AND ON BEHALF OF N P A RETRENCHED STAFF JUNE 1991) V. NIGERIAN PORTS AUTHORITY | ESTOPPEL – JUDGMENT-ESTOPPEL |
| SALAMI AFOLABI v GOVERNOR OF OSUN STATE |
ESTOPPEL:- Plea of estoppel per rem judicatam – How determined. ESTOPPEL:- Res judicata – Comparison of issues and reliefs in previous case. ESTOPPEL:- Res judicata – Failure to satisfy any of set conditions – Effect of |
| SHONA-JASON NIGERIA LIMITED V. OMEGA AIR LIMITED | ESTOPPEL: The effect of estoppel |
| TELEGLOBE AMERICA, INC. V. 21ST CENTURY TECHNOLOGIES LIMITED | ESTOPPEL:- Whether the issue of relitigation falls within the ambit of estoppel and the purport of estoppel thereof |
| THE SHELL PETROLEUM DEV. CO. OF NIG. LTD V. CHIEF MARK EJEBU & ANOR | ESTOPPEL: Whether a party is estopped by his failure to appeal against an adverse finding of fact – effect of sections 150 and 151 of the Evidence Act thereto |
| TIJANI IKOTUN V. OBA SAMSON OYEKANMI & ANOR | ESTOPPEL:- Issue of Estoppel – When arises – Whether it must be proved that the issue has been adjudicated upon by a court of competent jurisdiction and the same issue has arisen in question in a subsequent proceeding between the same parties or their privies |
| TOTAL NIGERIA PLC. V. VICTORIA ISLAND & IKOYI RESIDENTS | ESTOPPEL:- Waiver – Meaning and incidence of |
| UDE V OSUJI | ESTOPPEL:- Estoppel by conduct – Explained – Operation of – Qualification thereto – pp. 193/194 |
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JUDGMENTS OF NIGERIAN COURTS |
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