"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...
Explore NLC Curated Legal Principles
"Issue estoppel arises where an issue had earlier on been adjudicated upon by a court of competent jurisdiction and the same issue comes incidentally in question in a subsequent proceedings...
"The parties to the present proceedings are parties or privies to the parties in suit No. P.107/67 before Holden, C.J. sitting in the Port Harcourt Judicial Division of the High...
"To sustain a plea of res judicata the party pleading it… must satisfy the following conditions, to wit:- 1. That the parties or their privies as the case may be,...
"A decision not on the merits could not qualify as a defence through the principle of Res Judicata. Where a suit was preliminarily dismissed before hearing on its merit, such...
"A party to civil proceedings is not allowed to make an assertion against the other party, whether of facts or legal consequences of facts, the correctness of which is an...
"Where the plaintiffs in Exhibit A conceded the title in the land to the present defendants through their grandfather, Kole, who was a tenant to the Eleidi Atala family, and...
"The plaintiff having submitted to the Commission's jurisdiction by his attendance thereat, leading evidence before it and having failed to question it at that point in time, relying now on...
"The principle is well established that it is not each and every observation or remark made by the court that qualifies as a decision or determination of the court… the...
"Issue of estoppel relates to barring a party from relitigating an issue which has been isolated and raised in a particular proceeding and has been finally determined in that proceeding....
"The conditions for the application of the doctrine of issue estoppel have been established. These are that: 1. The same question was decided in earlier proceedings; 2. The judicial decision...
"Where one by his words or conduct willfully causes another to believe the existence of certain state of things and induces him to act on that belief so as to...