IKOKU
V.
EKEUKWU

(1995) JELR 46028 (SC)    

Supreme Court  ·  SC.211/1989 ·  18 Jul 1995 ·  Nigeria
 · 
Other Citations
Ikoku v. Ekeukwu (1995) 7 NWLR (Pt.410)637
CORAM
MOHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
dispute
case
defendants
plaintiffs
parties
rem judicatam
appeal
learned trial judge
issue estoppel
north of the land
plea of estoppel
court of appeal
defence of estoppel
exhibit h
plans
present action
trial court
plan no. und
statement of defence
trial
leading judgment
learned justices of the court
old dwelling place
own findings
possession of the land
suit no.
amended statement of claim
exhibit f
first issue
high court
rem judicata
totality of the evidence
case of the plaintiffs
conclusive proof
court of competent jurisdiction
ekpe land
lead judgment of olatawura j.c.a.
lower court
main issue
parcels of land
plan no. p.o
reserved judgment
respect of the plea of res judicata
said paragraph
said pieces of land
subject matter of questions
subject-matter of the present action
terms of their claims
uhu land
valid judgment of a court of competent jurisdiction

OGUNDARE, J.S.C. (Delivering the Leading Judgment): The main issue that calls for determination in this appeal is in respect of the plea of res judicata and/or issue estoppel raised by the defendants (who are now respondents in this appeal) in their pleadings. The plaintiffs (now appellants) have sued the defendants claiming -

(a) declaration of title to two pieces or parcels of land known and called Uhu land and Ekpe land, and

(b) an injunction restraining the defendants etc. from committing further acts of trespass on the said pieces of land.

Pleadings having been ordered, filed and exchanged, the case proceeded to trial at the end of which the learned trial Judge, in a reserved judgment, rejected the plea of estoppel per rem judicata and/or issue estoppel raised by the defendants. He considered the case on the merits and found for the plaintiffs, entering judgment in their favour in terms of their claims. Being dissatisfied with that judgment the defendants appealed to the Court of…

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