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Otto v. Mabamije (2004) 17 NWLR (Pt. 903) page 489 at page 504, (2005) All FWLR (Pt. 262) 597, this court held as follows:- “By virtue of section 51 of the Evidence Act, when one person by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act on such belief, neither he nor his representatives in interest shall be allowed in any proceeding between himself and such representative in interest to deny the truth of that thing.”

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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....

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THE RULE OF ESTOPPEL PREVENTS ONE BLOWING HOT & COLD

By operation of the rule of estoppel a man is not allowed to blow hot and cold, to affirm at one time and deny at the other, or, as it is said, to approbate and reprobate. He cannot be allowed to mislead another person into believing in a state of affairs and then turning round...

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WHEN DOES ISSUE ESTOPPEL ARISES

Issue estoppel arises when the issue has been decided upon to finality by a Court of competent jurisdiction. In other words, once an issue has been raised and distinctively determined between the parties, neither party can be allowed to fight that issue all over again. The same issue cannot be raised by either party again...

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ESTOPPEL: ISSUE & CAUSE OF ACTION ESTOPPEL

Two types of Estoppel by record are:- (a) Cause of Action Estoppel – which precludes a party to an action or his agents and privies from disputing as against the other party in any subsequent proceedings, matters which had been adjudicated upon previously by a court of competent jurisdiction between him and his adversary and...

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REQUIREMENTS FOR ESTOPPEL PER REM JUDICATA

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...

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NATURE OF ESTOPPEL

It is trite law that where a court of competent Jurisdiction has settled an issue by a final decision, in respect of matters in dispute between the parties neither party may re-litigate on that issue again by raising same in any proceedings except on appeal. This issue of relitigation falls within the ambit of estoppel....

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