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WHERE BY WORDS OR CONDUCT A PARTY HAS MADE THE OTHER PARTY CHANGE HIS STANCE

Dictum

The position of the law still remains the same. It is that where by words or conduct, a party to a transaction freely makes to the other an unambiguous promise or assurance which is intended to affect the legal relations between them and the former acts upon it by altering his position to his detriment, the party making the promise of assurance will not be permitted to act inconsistently with it. This is as pronounced in Central London Property Trust Ltd. v. High Trees House Ltd. (1947) K.B. 130. It has remained good law for a long time now. I approve same without any reservation.

— J.A. Fabiyi, JSC. BFI v. Bureau PE (2012) – SC.12/2008

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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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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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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 involving same issue. (b) Issue Estoppel which precludes a party his servant, agent or privy from re-opening or relitigating as against the other party or his agents and privies in any subsequent proceedings, issues which were distinctly raised in a cause of action and appropriately resolved or determined in any suit between the parties in a court of competent jurisdiction.

– ADEKEYE, JCA. NOGA v. NICON (2007)

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ESTOPPEL IS A SHIELD AND NOT A SWORD – NOTHING LIKE TITLE BY ESTOPPEL

The estoppel put an impediment on its way, Estoppel is thus a shield not a sword; it’s role is defensive not offensive. To use the language of naval warfare, an estoppel must always be either a mine layer or a mine sweeper; it can never be a capital unit. There is nothing like title by estoppel as an estoppel gives no title to that which is the subject matter of the estoppel.

– Nnamani JSC. Gbadamosi v. Bello (1985)

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STANDING BY TO SEE YOUR BATTLE FOUGHT

Where any person having an interest may make himself a party to a suit by intervening and knowing what was passing, was content to stand by and see his battle fought by somebody else in the same interest, he should be bound by the result, and not be allowed to reopen the case.

– Iguh, JSC. Clay v. Aina (1997)

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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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