ALASHE & ORS V. SANYA ILU & ORS

• Pages: 297-302

ALASHE & ORS V. SANYA ILU & ORS

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297

ALASHE & ORS V. SANYA ILU & ORS

5

IDOWU ALASHE & ORS

V

10 SANYA OLORI ILU & ORS

SUPREME COURT OF NIGERIA

BAIRAMIAN,

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J.S.C.

ONYEAMA,

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J.S.C.

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AJEGBO,

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J.S.C.

23rd December, 1964

APPELLANTS

RESPONDENTS

SUIT NO. FSC 329/1963

Civil Appeals - Inadmissible evidence received at trial without objection - Appeal

court must reject it and decide on legal evidence

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Estoppel - Previous judgment - Party in new suit not a party in previous case

- Estoppel by conduct, case of none.

ISSUES:

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1.

Whether a previous judgment carp operate as estoppel against a party to a new

suit who was not a party to the earlier suit.

2. Should an appeal court reject inadmissible evidence which was received at trial

without any objection being raised.

FACTS:

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A, a member of the 0. family (the Ogungbalas), sued S., a member of the R.

family (Rowuyos), in the Native Court for trespass and obtained judgment; later

the R. family brought the present action in the High Court for declaration of title

and injunction,and the 0. family pleaded the Native Court judgment as estoppel,

alleging that the parties in that case and in the present case were the same and ap-

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peared in the same interest. The Native Court summons did not show that S. was

sued in a representative capacity; he never claimed to represent anybody else;

and there was nothing to show that the R. family knew of the case; A relied on the

0. family's title and he and his witnesses referred to the rights of the R. family.

The trial Judge found on the basis of those references that S. defended the Native

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Court case on behalf of the R. family, and upheld the plea of

res judicata.

In the appeal the R. family (the plaintiffs/appellants) relied on

Nwokobi v.

Nzekwu (infra)

as showing that they were not caught in the principle of

Nana Ofori

Atta II v. Nana Abu Bonsra II (infra)

on which the other side relied.

HELD:

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1. The present plaintiffs (the R. family)were not a party to the Native Court case,

nor was it shown that they participated in it, or even knew of it, so the judgment

of that Court could not operate as estoppel against them.

Nwakobi v. Nzekwu

[1964] 1 W.L.R. 1010, 1023, followed.

2. It is the duty of a court of appeal to reject evidence which has been improperly

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received and to decide a case on legal evidence.

[As to

Parties Estopped by Previous Judgment,

see 16 HALSBURY'S LAWS

4th Edition 1041 para. 1543]