Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OLAYINKA
V.
ADEPARUSI & ANOR

(2011) JELR 46051 (CA)    

Court of Appeal  ·  CA/EK/6/2011 ·  13 Dec 2011 ·  Nigeria
CORAM
SOTONYE DENTON-WEST JCA CHIDI NWAOMA UWA JCA TOM SHAIBU YAKUBU JCA

Ratio Decidendi

Core Terms Beta
court
appellant
1st respondent
lower court
learned trial judge
2nd respondent
rem judicata
fair hearing
issue of jurisdiction
court of competent jurisdiction
issue of estoppel
subject matter
previous suit
respondent
gross abuse of court process
jurisdiction of the court
plea of res judicata
trial court
court of appeal rules
doctrine of estoppel
preliminary objection of the 1st respondent
supreme court
trial judge
appellant's counsel
biological father of cosmos gregory adegbenro
claim of the plaintiff
gross abuse of the process of the court
issue of res judicata
leading judgment
order of court
1st defendant
2nd defendant
action of the first defendant
ample opportunity
competent court of record
established principle of law
favour of the 1st defendant
final decision
issue cosmos gregory adegbenro
issue of its jurisdiction
judgment of the lower court
latter case
paternity of a son
ruling of honourable justice a. k fowe of the ekiti state high court
unusual matter

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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