CIVIL PROCEDURE — Res Judicata — Issue Estoppel — Prior Judgment Dismissing Plaintiffs’ Claim on Title Precludes Subsequent Claim Based on Same Title Regardless of Differing Forms of Action
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Dauda & Anor v. A.G., Lagos State & Ors (2011) NLC-123-184-2000(SC) at p. 22; Paras A—C:
"The judgment of Dosumu, J delivered on 1/9/78 Exhibit 5 rejected the appellants' traditional history. The findings made in that judgment dealing with trespass and title created an estoppel against the appellants in this case dealing with the chieftaincy matter on the simple reasoning that the appellants who are not the owners of the villages cannot create chieftaincies in the land of someone else."
Explanation / Scope
This principle establishes that a prior judgment rejecting a claim to title creates an issue estoppel precluding a subsequent claim based on the same title, even if the form of action differs, as a non-owner cannot create chieftaincies on another’s land. The principle applies where issue estoppel is pleaded. It ensures that decided issues are final. The principle reflects the conclusiveness of findings. It prevents re-litigation of title. The court must apply the estoppel. The principle provides guidance on issue estoppel.