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MR. AKINFELA FRANK COLE v. MR. ADIM JIBUNOH & ORS

(2016) JELR 36852 (SC)

Supreme Court  •  SC.142/2006  •  15 Jan 2016  •  Nigeria

Coram
SULEIMAN GALADIMA JSC; OLUKAYODE ARIWOOLA JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC;

Judgement

SULEIMAN GALADIMA, JSC (Delivering the Leading Judgment):?This is an appeal by the Appellant against the judgment of the Court of Appeal, Lagos Division delivered on 17th day of November, 2005, wherein it held that:

"Issue of estoppels has been successfully raised to sustain plea of Res judicata."

The background facts in this appeal are briefly exposed for the better understanding of the issues involved as follows: The suit No. ID/1082/90- REV. CLM FAJEMIROKUN (2nd Respondent herein) v. MRS. TITILAYO COLE (Appellant herein) had been previously tried in Lagos State High Court, Ikeja Division. The 2nd Respondent herein, as plaintiff in the suit, was successful and the sum of N169, 000 was awarded in his favour against the Appellant herein, as the defendant. Consequently a writ of fifa was filed to cause execution against Appellant's moveable property. That execution yielded sum of N15, 812.50; which the 2nd Respondent felt was insufficient to satisfy the judgment debt. Consequently, as a …

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