LEGAL PRINCIPLE: CIVIL PROCEDURE — Estoppel — Issue Estoppel — Binding Effect on Traditional History
PRINCIPLE STATEMENT
The appellants cannot re-open issues decided in earlier findings merely on the ground that they can now produce better evidence. It was wrong for the trial judge to allow them to adduce evidence on traditional history which had in an earlier suit been rejected by courts of competent jurisdiction.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Ogbogu & Ors v. Ugwuegbu & Anor (2003) NLC-1151998(SC) at pp. 15–16; Paras D–B.
"The appellants cannot re-open the issues decided in those findings merely on the ground that they can now produce better evidence. It was wrong of the learned trial Judge to have allowed them to adduce evidence on a traditional history which had in an earlier suit been rejected by courts of competent jurisdiction."
EXPLANATION / SCOPE
Issue estoppel prevents relitigation of traditional history already decided. The principle applies to land disputes. Better evidence cannot revive a concluded issue. The rule promotes finality. The trial court erred in allowing re-litigation. The principle is well-established.
