ESTOPPEL – CASES/JUDGMENT OF NIGERIAN COURTS

ESTOPPEL:- Res judicata -Failure of plea – Whether judgment to be given to other side.

ESTOPPEL:- Res judicata – Plea of – Entertainment of by court – When ap­propriate.

ESTOPPEL – RES JUDICATA – Plea of res judicata – essential ingredients of – how raised and canvassed.

ESTOPPEL – RES JUDICATA – Party relying on plea of res judicata – duty of party to place sufficient materials before the court to enable court decide on the matter.

ESTOPPEL – Estoppel per rem judicatam – party relying on the plea – what must be proved.

EVIDENCE – TYPES OF ESTOPPEL: Ways in which estoppel can be created

“ESTOPPEL”: Definition of the word “Estoppel”

RES JUDICATA -Estoppel – definition of – Issue estoppel -when raised by plaintiff-proper place to raise same.

RES JUDICATA:- Estoppel inter partes or per rem judicatam- Conditions that should be present in a valid plea of same

RES JUDICATA:- Issue estoppel and cause of action estoppels – Difference between.

ESTOPPEL:- Decision of non judicial body – When it can constitute estoppel – When it cannot

ESTOPPEL:- Res judicata – Doctrine of-Application of – Requirements of.

ESTOPPEL:- Pleading of estoppel – How done.

Estoppel:- How pleaded.

Estoppel – Where an issue has been decided by a court –  Whether Estoppel prevents the court from entertaining the same cause of action between the same parties or their privies previously determined by a court of competent jurisdiction – “Nemo debet bis vexani procadem causa” – Whether it would amount to a grave error and procedural mistake for the learned trial Judge to re-open an issue already decided by a court of competent jurisdiction

ESTOPPEL:-  Estoppel Per Rem Judicata – Ingredients and conditions for a successful plea – Distinction between Estoppel Res Judicata (based on cause of action) and Issue estoppel – Classification of estoppel under estoppel by judgment – Purpose – Operation of ‘Estoppel Res Judicata’ in preventing another suit founded on the same cause of action as the original suit –  Operation of  ‘Issue Estoppel’ in subsequent proceedings relating to different cause of action with – Whether only operates to prevent certain issues which were decided in the original action from arising for further consideration by the court

Estoppel:– By conduct – Contract containing covenants in restraint of trade – Whether unenforceable – When dealer stopped from asserting unenforceability of the contract

ANTITRUST AND TRADE REGULATIONS:- Trade – Contract in restraint of trade – Implications for enforceability of same – When party may be stopped from asserting unenforceability

REAL ESTATE/LAND LAW:- Contract of lease and sublease – Provision in lease asserting that it was independent of any other contract, lease or agreement between parties – Lease by dealer of site of petrol filling station to petrol company – Underlease by petrol company to dealer – Whether underlease unenforceable – Whether dealer estopped from asserting that lease unenforceable

ESTOPPEL:- Doctrine of estoppel by conduct – Basis and application of.

ESTOPPEL:– Issues of estoppel – Nature of – Principles governing application of.

EVIDENCE – RES JUDICATA AND ISSUE ESTOPPEL: Conditions precedent to a successful plea of “res judicata” and “issue estoppel”

ESTOPPEL:- Estoppel per rem judicatam – Meaning of- Conditions for applica­tion of same.

ESTOPPEL:- Estoppel per rem judicatam – Conditions for successful plea of- Burden to establish same – On whom lies.

ESTOPPEL:- Estoppel per rem judicatam – Pre-conditions for successful plea of- Decision of Judicial Tribunal of Inquiry -Whether qualifies as decision of court to ground plea.

ESTOPPEL:- Res judicata – Decision of Judicial tribunal of Inquiry- Whether can ground plea of res judicata.

RES JUDICATA:– Issue estoppel – conditions for a successful plea.

RES JUDICATA:– Issue estoppel – effect of a successful plea of same on the jurisdiction of the court. – nature of – rationale for same.

ESTOPPEL BY CONDUCT: The difference between estoppel by conduct of standing-by and estopppel per res judicata

ESTOPPEL:- Per rem judicatam – Issue estoppel – Interlocutory summons by defendants to stay proceedings on ground that plaintiff’s solicitors acting without authority – House of Lords’ ruling that summons to be treated as separate action to which plaintiff not a party – Amendment of statement of claim – Summons by plaintiff seeking to strike out parts of the defences as being res judicatae – Decisions of foreign courts on trade mark matters relied upon by plaintiff – Other foreign judgments relied upon by defendants as creating a “counter-estoppel” – Whether reasoned judgments or formal records to be considered for purposes of estoppel – Whether interlocutory judgments capable of creating estoppel – Whether plaintiff privy to plaintiff’s solicitors in defendants’ summons to stay proceedings

EVIDENCE – ESTOPPEL: When estoppel arises  NWLR (Pt.246) 156 at 183.” PER KALGO, J.S.C (Pp. 31-32, paras. G-B)

ESTOPPEL – Estoppel of standing-by – Meaning and scope of – Whether includes giving evidence in support of one side or the other.

ESTOPPEL:‑ Doctrine of estoppel ‑ Condition precedent to application of.

ESTOPPEL – RES JUDICATA:– Judgment of court tendered in court without being examined by oral evidence – whether could be examined by the trial court – whether such document has any probative value to support a plea of res judicata.

ESTOPPEL:- Estoppel per rem judicatam – Application of – Nature of – Whether a question of law.

ESTOPPEL:- Res judicata – Action against party in personal capacity – Judgment obtained thereon – Whether can operate as res judicata in subsequent action against defendant in representative capacity.

ESTOPPEL:- Res judicata – Doctrine of – Purport and import of – Section 54 of the Evidence Act considered.

JUDGMENTS OF NIGERIAN COURTS

By Litigation/Procedure Areas