SYNANX V. KALE, BISHOP OF LAGOS & ORS.

• Pages: 243-248

SYNANX V. KALE, BISHOP OF LAGOS & ORS.

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243

Mr. Akinsete conceded that there was no evidence on record that the plaintiffs

had in fact paid this sum of E1 ,714:7s:6d., but he submitted that the plaintiffs were

liable under the charterparty to do so and so could claim. The charterparty was

put in evidence by the plaintiffs as Exhibit G, but this shows it to be between Messrs.

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Armement & Industrie of Lausanne and Messrs. S.A.M.A.P. of Pointe Noire (Re-

public of Congo), and the plaintiffs were not in any way mentioned in the charter-

party. The plaintiffs had through one of their witnesses sought to show that the

charterers were their agents, but we are satisfied that they in fact never properly

proved this. That being so, the plaintiffs never established their liability for dead-

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freight, so notwithstanding the shortfall of the defendants of 263 3/4 tons under

the contract the plaintiffs never proved the special damages claimed flowing from

that default.

A number of other issues, such as when the final date for loading was and

whether the "Sirena" sailed before that time expired, and if so whether with justifi-

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cation, were canvassed before us, but having regard to the view that we have taken

with regard to the issue of special damages in respect of the deadfreight we do

not think it is necessary to deal with these other points, as the appeal is concluded

by what we have already decided. The appeal accordingly is dismissed with 39

guineas costs.

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Appeal dismissed.

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SYNANX V. KALE, BISHOP OF LAGOS & ORS.

BISHOP JOSEPH ALEXANDER SYNANX

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APPELLANT

(Suing by His Attorney -

30 REV. J.W. BROOKS)

V

1.

THE RIGHT REV. S.I. KALE-

BISHOP OF LAGOS

2.

REV. F.O. SEGUN -

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SYNOD SECRETARY

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RESPONDENTS

3.

CHIEF A. 0. LAWSON -

CHANCELLOR

(As Trustees of the Anglican

Diocese of Lagos)

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SUIT NO. SC 231/1967

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

MADARIKAN,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

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27th June, 1969.

Land Law - Declaration of title - Estoppel by res judicata is different to estoppel

by conduct as different requirenzents to succeed on it.

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ISSUES:

1.

What is meant, when it is said that

res judicata

applies to the facts of a case?

2.

Whether persons who did not take part in a previous proceeding can be

estopped from bringing an action, by a plea of

res judicata.