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OLAYINKA
V.
ADEPARUSI & ANOR

(2011) JELR 46051 (CA)

Court of Appeal 13 Dec 2011 Nigeria
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- This case involves an appeal against a ruling of the Ekiti State High Court of Justice regarding the issue of Res Judicata. - The appellant had filed a suit claiming paternity and custody of his son, which had already been decided in a pr

Case Details

Suit Number:CA/EK/6/2011
Judges:SOTONYE DENTON-WEST JCA CHIDI NWAOMA UWA JCA TOM SHAIBU YAKUBU JCA
Counsel:Appellant not represented; Dapo Agbede with Bamidele Adodo for 1st Respondent; 2nd Respondent not represented.

SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment): It is an unusual matter in which the issue of Res Judicata was strongly focused upon and so in this appeal against the ruling of Honourable Justice A. K Fowe of the Ekiti State High Court of Justice, Ado-Ekiti Division, Ekiti State delivered on the 27th day of January, 2011, in which the learned trial judge inter-alia held thus:

"Now the claim of the plaintiff in this suit as set out earlier seeks to relitigate the same issue which has been earlier on decided. The parties are the same except in this case the plaintiff who is now suing the two defendants claiming paternity of a son whose paternity and custody has been decided in the previous suit. The subject matter is the same in the sense that there is nothing more which this latter case can decide upon which has not been decided by judgment of Hon. Justice D. O. Jegede. Public policy demands that there should be an end to litigation once a court of competent jurisdictio…

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