EZULUMERI OHIAERI & ORS. V. ADINNU AKABEZE & ORS.

E. O. I. AKPATA, J.S.C (Delivering the Leading Judgment): Does every decision of a customary arbitration create estoppel? If not, what circumstances make it acceptable as an estoppel? Where a trial High Court has held that there was an earlier decision of a Customary Arbitration on the same matter before it but failed to pronounce that the decision constituted an estoppel and also failed to treat it as an estoppel, will a defendant be heard to assert in the Court of Appeal that the decision raised an estoppel when he has not cross-appealed or filed a respondent's notice in respect of the failure of the trial Court to so pronounce? These are some of the vexed questions in this appeal.

The action, the subject matter of this appeal, was instituted at the Nnewi Judicial Division of Anambra State. The plaintiffs for themselves and on behalf of members of Otogbolu family sought an order of court against the defendants for themselves and on behalf of members of Ohiaeri family in the followi…