(2006) JELR 45793 (SC)    

Supreme Court  ·  SC.378/2001 ·  9 Jun 2006 ·  Nigeria
Other Citations
Anwoyi v. Shodeke (2006) 13 NWLR (Pt.996) 34 (2006) 6 S.C 58 (2006) 6 S.C 58
Anwoyi v. Shodeke (2006) 13 NWLR (Pt. 996) 34
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
issue estoppel
suit no. ik
trial court
supreme court
claims of the respondents
counter-claim of the appellants
larger area of land
oshodi j.
possession of the land
circumstances of the case
end of the trial
high court judgment
longe j.
appeal no. ca
considered judgment
dismissal of their own counter-claim
lagos state
respect of a parcel of land
title of their overlord of the whole area
better understanding of the issues
case no. sc
custom of the land
determination of this court
extent of such respective area of settlement
final pleadings of the parties
fresh action
important difference
instant appeal
judgment of the supreme court
lack of evidence
leading judgment
learned counsel
purported ejection of the plaintiffs
said case
said land
statement of claim
trial judge oshodi

KALGO, J.S.C. (Delivering the Leading Judgment): In this appeal, there are only two issues for the determination of this court and agreed to by the parties. Issue 1, which is the most important and substantive deals with once more with issue estoppel per rem judicatam.

The case giving rise to this appeal has a very long protracted antecedent which must be set out clearly for a better understanding of the issues involved.

In suit No. IK/21/67, the respondents, as plaintiffs sued the appellants on behalf of the Beku-Onimaba family for declaration, N400.00 damages for trespass and injunction in respect of a parcel of land measuring 118.7 acres only contained in a survey plan admitted as exhibit 'A'. The appellants did not file any counter-claim but at the end of the trial, the respondents' case was dismissed in its entirety by Oshodi J. They appealed to the Court of Appeal and the appeal was dismissed. They further appealed to the Supreme Court in case No. SC. 184/89 and it was again di…

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