BONNY & ORS. V. YOUGHA & ORS.

• Pages: 368-372

BONNY & ORS. V. YOUGHA & ORS.

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368

BONNY & ORS. V. YOUGHA & ORS.

1.

BONNY

2.

OBODAYA TUWOMOSU

3.

NANAKUMOH

4.

OBANAGBA BOUFENI



APPELLANTS

5.

GLASS

(For themselves and on behalf of

the people of Toru-Orua Village

and Bulu-Orua Village in Western Ijaw)

V

1.

THEOPHILUS B. YOUGHA

2.

SUNDAY BASUOGHA

3.

GREEN KEMEZIDE

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RESPONDENTS

4.

AKPALIKE EURIKA

(For themselves and on behalf of

all the people of Ebedebiri

Village in Wes

-

.ern ljaw)

SUIT NO. SC 8/1967

SUPREME COURT OF NIGERIA

LEWIS,



J.S.C.

MADARIKAN,



J.S.C.

FATAI-WILLIAMS, J.S.C.

21st November, 1969.

Land Law - Action for Declaration of Title and Injunction - Customary Court

- Appeal - Whether High Court can only amend previous award of Customary

Court on appeal only if tying Declaration of Title to plan - I

,

i'hether trial

Court cannot in new action alter injunction given in earlier case.

35

ISSUE:

1. Whether a party to a previous action, who failed to appeal against the decision,

can institute fresh proceedings based on the issue which was previously

decided.

FACTS:

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40

The plaintiff sued the defendants claiming a declaration that both the plaintiff

and the defendants are owners in title and possession of a fishing pond. The plain-

tiff also asked for an injunction restraining the defendants. The trial judge found

that the pond was the subject of litigation and their legal rights had been settled in

1948. He gave the plaintiff judgment and ordered an injunction. The defendants

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45

appealed on the ground that the new orders were not in line with the former judg-

ment.

HELD:

1. The legal rights of the parties with regard to the fishing pond were determined

by a Court of competent jurisdiction in 1948. If the plaintiffs/respondents were

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50

dissatisfied with that decision they ought to have lodged an appeal within the

time prescribed by law. This they failed to do. They had no right to start litigation

again on precisely the same issue as had been determined in 1948. If this were

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