LEGAL PRINCIPLE: EVIDENCE LAW — Estoppel — Estoppel by Conduct — Elements Required to Establish Estoppel
PRINCIPLE STATEMENT
If a man by words or conduct wilfully causes another to believe in a false state of facts, and the second believes and acts upon it, the first is estopped from later denying that state of facts. If he makes a representation intended to be acted upon, and it is acted upon to the damage of the other, he is estopped from denying its existence.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Ughutevbe v. Shonowo (2004) NLC-1601997(SC) at pp. 26–27; Paras E–A, quoting Iga v. Amakiri (1976) 11 SC 1.
"The law is clear and well settled on the point. It may be stated thus: if a man by his words or conduct wilfully endeavours to cause another to believe in a certain state of things which the first knows to be false and if the second believes in such state of things and acts upon his belief, he who knowingly made the false statement is estopped from averring afterwards that such a state of things does not exist at the time: if a man either in express terms or by conduct, makes a representation to another of the existence of a state of facts which he intends to be acted upon in a certain way, and it be acted upon in that way in the belief of the existence of such a state of facts, to the damage of him who so believes and acts, the first is estopped from denying the existence of such a state of facts."
EXPLANATION / SCOPE
Estoppel by conduct requires: wilful false representation, belief by the other party, detrimental reliance, and damage. The representor is estopped from denying the truth of the representation. The principle applies to evidence law. The rule prevents inconsistent positions causing harm. The representation must be made with knowledge of its falsity. The relying party must act on the belief to their detriment.
