(1974) JELR 44442 (SC)    

Supreme Court  ·  SC.23/1974 ·  25 Oct 1974 ·  Nigeria
Other Citations
(1974) All N.L.R 657 (1974) 10 S.C. 145
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
plea of res judicata
present case
previous case
res judicata
declaration of title
customary court
favour of the plaintiffs
issue of res judicata
judgment of the court
parcel of land
western state court of appeal
alleged previous case
appellants family
appellate jurisdiction
capt.j.a. mackenzie
constituting estoppel
course of such address
customary court dis
decision of the high court
decision of the western state court of appeal
earlier case
exhibits c
following facts
good look
high court of ijebu-ode
intricate issue of res judicata
judgment of captain mackenzie
judgment of the court ogunkeye
leading judgment
leamrnd justices of the court of appeal
learned trial judge ademola j.
light of the claim
long life
member of the defendants
particular case
plaintiffs claim
present proceedings
relevant questions
said judgments
set aside
success of a plea of res judicata
very question
view of the fact

IBEKWE, J.S.C. (Delivering the Leading Judgment): The Action in this case was commenced in the Grade "A" Customary Court, Ijebu-Ode. The plaintiffs (herein respondents) in a representative capacity sued the defendants (herein appellants) jointly and severally for a declaration of title and an injunction in respect of a piece and parcel of land situate and lying at Igboburo Quarter of Ibefun.

After hearing evidence on both sides, the Grade "A" Customary Court dis missed the plaintiffs' claims on 28th November, 1969. The plaintiffs being dis satisfied with the judgment of the Court then appealed to the High Court of Ijebu-Ode. On the 15th day of July, 1971 the learned trial judge Ademola J. dismissed the appeal. Thereupon, the plaintiffs, once again lodged an appeal to the Western State Court of Appeal against the decision of the High Court.

On the 10th May 1973, the leamrnd justices of the Court of Appeal allowed the appeal. Delivering the judgment of the Court Ogunkeye, J.A. remarked …

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