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OLANREWAJU ASAMU v. ISMAILA LAWANSON & ORS

(2014) JELR 40048 (CA)

Court of Appeal  •  CA/I/93/2013  •  5 Dec 2014  •  Nigeria

Coram
HARUNA SIMON TSAMMANI JCA; OBIETONBARA DANIEL-KALIO JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

OBIETONBARA DANIEL-KALIO, JCA (Delivering the Leading Judgment): This appeal is over the Ruling of the High Court of Oyo State in Suit No.I/621/2010 delivered on 20/3/13 wherein the court found that the issues raised by the appellant who was the plaintiff in the land matter in that court was caught by the doctrine of estoppel per rem judicatam.

Dissatisfied with the Ruling, the appellant by a Notice of Appeal filed on 25/1/13 gave vent to his dissatisfaction on the following three grounds:

Ground One

The learned trial judge erred in law in holding that the land which is the subject matter of the present suit is a part of the land which was the subject matter of Suit No.I/317/91 which culminated in Appeal No.SC/72/2004 and that the 2nd and 3rd respondents have been able to show that the parties are privies of the parties in Suit No.SC./72/2004.

Particulars

i. The judgment of the Supreme Court in SC.72/2004 which was relied upon by the 1st and 2nd respondents as constituting res judic…

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