EVIDENCE LAW — Judgment as Proof of Title — Unchallenged Previous Judgment
Principle Statement
Certified true copies of the judgment of the Governor's Court of Appeal were tendered as Exhibits B - B2. The evidence of the respondents in support of the 1952 judgment in Exhibits B - B1 was uncontroverted. Such judgment vested a title on the respondents against the world at large until reversed by a competent court.
Ratio Decidendi (Source)
Per Adekeye, JSC, in Obineche & Ors v. Akusobi & Ors (2010) NLC-123-287-2003(SC) at pp. 8 & 10; Paras D-A.
"Certified true copies of the judgment of the Governor's Court of Appeal were tendered as Exhibits B - B2. The evidence of the respondents in support of the 1952 judgment in Exhibits B - B1 was uncontroverted. Such judgment vested a title on the respondents against the world at large until reversed by a competent court."
Explanation / Scope
This principle establishes that an unchallenged previous judgment vests title against the world until reversed by a competent court. Certified true copies of such judgments are admissible and conclusive proof. The principle applies where a previous judgment is relied upon as proof of title. It ensures that judgments are given effect. The principle reflects the finality of judgments. It prevents re-litigation of decided issues. The court must consider the judgment as binding. The principle provides guidance on the effect of unchallenged judgments.
