CIVIL PROCEDURE — Res Judicata — Issue Estoppel — Rejection of Traditional History and Title to Land in Prior Trespass Action Operates as Estoppel in Subsequent Chieftaincy Claim Predicated on Same Land Ownership
Ratio Decidendi
Per Tabai, JSC, in Dauda & Anor v. A.G., Lagos State & Ors (2011) NLC-123-184-2000(SC) at p. 15; Paras A—C:
"The Plaintiffs/Appellants' claim of their entitlement to create chieftaincies and confer chieftaincy titles on deserving persons is predicated on their claim to be the descendants of the founder of the villages... the Appellants' authority to create chieftaincies and confer same on deserving person is of necessity tied to their ownership or overlordship of the two villages and having been adjudged not to be the landlords of the two villages, they cannot be granted the reliefs claimed."
Explanation / Scope
This principle establishes that where a chieftaincy claim is predicated on ownership of land, a prior adjudication rejecting ownership operates as an estoppel, as the authority to create chieftaincies is tied to ownership. The principle applies where chieftaincy claims are based on land ownership. It ensures that rejected title cannot support chieftaincy claims. The principle reflects the connection between title and chieftaincy. It prevents re-litigation. The court must apply the estoppel. The principle provides guidance on issue estoppel.