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REQUIREMENTS FOR ESTOPPEL PER REM JUDICATA

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Before a judgment of a court can qualify as an estoppel per rem judicata and in order to bind a party; the following conditions must be satisfied: a) The judgment must be valid and subsisting; b) the parties in that judgment must be the same as the parties (either by themselves or their privies) in the subsequent proceedings; c) the subject-matter must be the same; and d) the issue or cause (in issue estoppel or cause of action estoppel as the case may be decided in the earlier proceedings must have arisen again in the later proceedings.

— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92

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estoppel

INGREDIENTS FOR ISSUE ESTOPPEL TO APPLY

It is trite law that for issue estoppel to apply the following ingredients must be present: 1. The parties must be the same in the previous and present actions; 2. The same question that was decided in the previous action must arise in the present action in respect of the same subject matter; and 3. That question must be a final decision of a competent court. See Ebba v. Ogodo (2000) 10 NWLR (Pt. 675) S.C. 387.

— R.O. Nwodo, JCA. Teleglobe v 21st Century Tech. (2008) – CA/L/694/2006

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WHEN ESTOPPEL PER REM JUDICATAM CAN SUCCEED

Judicial authorities have enunciated the principles which are well pronounced in the case of Makun V. F.U.T. Minna (supra) wherein this court re-iterated that, for a plea of estoppel per rem judicatam to succeed, the party relying thereon must establish the following requirements or pre-conditions namely:- (a) That the parties or their privies are the same in both the previous and the present proceeding. (b) That the claim or issues in dispute in both actions are the same. (c) That the res or the subject matter of litigation in the two cases is the same. (d) That the decision relied upon to support the plea of estoppel per rem judicatam is valid, subsisting and final. (e) That the court that gave the previous decision relied upon to sustain the plea is a court of competent jurisdiction. It has also been held severally by this court that, unless all the above constitutional elements or requirements of the doctrine are fully established, the plea of estoppel per rem judicatam cannot sustain. See also the decisions in Yoye V. Olalode (1974) 10 SC 209; Alase V. Olori-Ilu (1965) NMLR 66; Fadiora V. Gbadebo (1978) 3 SC 219 and Udo V. Obot (1989) 1 SC (Pt. 1) 64.

— C.B. Ogunbiyi, JSC. Ogbolosingha v. B.S.I.E.C. (2015) – SC.165/2013

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WHEN A COURT DECIDES AN ISSUE, IT CREATES AN ISSUE ESTOPPEL

Para. 12: “On 27th October 2009, the court issued a ruling in an application for preliminary objection raised by the defence. These issues about the court’s jurisdiction in this matter as well as the exhaustion of local remedies were decided in that ruling. It is thus inappropriate for Counsel to raise the same issues again. The principle of law is clear that when a court has decided on some issues in the case, the decision creates issue estoppel as between the parties and/or their privies in the present and any subsequent proceedings in which same issue’s is/are raised. Besides, the decision of this court is final and can only be altered through a revision if the correct procedure is followed. In view of the foregoing, the court cannot re-open these two issues about its jurisdiction and exhaustion of local remedies.”

— SERAP v FRN (2010) – ECW/CCJ/JUD/07/10

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NATURE OF ISSUE ESTOPPEL

Issue estoppel applies when parties or their privies are prevented in a subsequent suit from relitigating an issue which had earlier on been adjudicated upon by a court of competent jurisdiction and which same issue comes incidentally in question in any subsequent proceedings. In other words issue estoppel applies to preclude a party from contending the contrary or opposite of any specific point which having once been distinctly put in issue has with certainty and solemnity been determined against him.

– Mohammed JCA. Rufukka v. Kurfi (1996)

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PRINCIPLE OF ESTOPPEL BY CONDUCT – WAIVER OF RIGHT

The principle of estoppel by conduct is based on the public policy that says that there must be an end to litigation. Its aim is, not only to hold a party to his undertaking that he will no longer insist on either his right to appeal or the accrued right or obligation from the judgment, but also not to allow a person benefit from his prevarication. Equity, generally abhors subterfuge, deception and some other unconscienable conduct. Equity acts in personam … It operates thus: if a person with full knowledge of the rights, interest, profits or benefits conferred upon or accruing to him by and under the law, intentionally decides to give up all these, or some of them, he cannot be heard to complain afterwards that he has not been permitted the exercise of his right, or that he has suffered by his not having exercised his rights. In the circumstance, just like in the instant case, he should be held to have waived his rights and consequently estopped from raising the issue subsequently.

— Ejembi Eko, JSC. County Dev. Co. v Hon. Min. Env. Housing Urban Dev. (2019) – SC.239/2011

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REQUIREMENT FOR ESTOPPEL PER REM JUDICATA

Now, for a judgment to constitute issue estoppel the following conditions must be satisfied: – 1. the same question must be for decision in both proceedings (i.e. the same question for decision in the current suit must have been decided in the previous suit); 2. the decision relied upon to support the plea of issue estoppel must be final; 3. the parties or their privies must be the same. The three elements must be present and co-exist for a plea of estoppel per rem judicata to apply. See Ito v. Ekpe & Ors (2000) 3 NWLR (pt. 650) 678; Oshoboja v. Amida & Ors (2009) LPELR-2803 (SC) and Oleksandr & Ors v. Lonestar Drilling Co. Ltd & Anor (2015) LPELR – 24614 (SC).

— H.S. Tsammani, JCA. APM v INEC & Ors. (2023) – CA/PEPC/04/2023

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