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October 10, 2019 10:32 am
"In law there are basically two types of estoppels, estoppel per rem judicata also referred to as cause of action estoppel and issue estoppel.
In Akinsole & Ors v Akinwehinmi & Ors (2014) LPELR 23801 (CA), the classification of Estoppel was explained;
Estoppel per rem judicata or estoppel of record arises where an issue of facts has been judicially determine in a final manner between parties by a Court or tribunal having jurisdiction, concurrent or exclusive in the matter and the same issue comes directly in question in subsequent proceedings between parties or privies. Thus, the parties affected are stopped from bringing a fresh action before any Court in a previous action Osunrinde v Ajamogun (1992) 6 NWLR (PT. 241) 156; Igwego v Ezeugo (1992) 6 NWLR (PT. 24() 561; Dokubo v Omoni (1999) 8 NWLR (Pt. 616) 647; Oshodi v Eyifunmi (2000) 7 SC (Pt. 11) 145. The principle of estoppel by standing by on the other hand if a person is content to stand by and see his battle fought by someone else in the same interest, he is bound by the result and should not be allowed to re-open the case. Issue estoppel arises where an issue had earlier on been adjudicated upon by a Court of competent jurisdiction and the same issues comes incidentally in question in a subsequent proceedings between the same parties or their privies Oyerogba v Olaopa (1998) 13 NWLR (Pt. 583) 509; Akujobi v Ekeman (1999) 1 NWLR (Pt. 585) 96; Ito v Ekpe (2000) 2 SC 98; Ebba v Ogodo (2000) 6 SC (Pt. 1) 133
(Underlining Mine) per Owoade, JCA (PP. 34 35, PARAS. A B).
- PER A. O.OBASEKI-ADEJUMO, J.C.A IN MRS. TITILOLA AWOSUSI & ORS v. CHIEF LIGALI KAFARU OTABIYI & ORS
Suit No: CA/L/438/2014
LEGALPEDIA ELECTRONIC CITATION:LER[2019]CA/L/438/2014
Suit No: CA/L/438/2014
LEGALPEDIA ELECTRONIC CITATION:LER[2019]CA/L/438/2014
