CIVIL PROCEDURE — Res Judicata — Issue Estoppel — Subsequent Chieftaincy Claim — Cannot Be Founded on Title Already Rejected
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Dauda & Anor v. A.G., Lagos State & Ors (2011) NLC-123-184-2000(SC) at p. 20; Paras B—C:
"The above shows that the appellants were relitigating the issue of they being the landlords of Ilemba Awori and Ilemba Hausa, an issue settled in the judgment of Dosumu J - Exhibit 5."
Explanation / Scope
This principle establishes that a subsequent chieftaincy claim cannot be founded on a title already rejected in prior proceedings. The principle applies where title has been previously determined. It ensures that decided issues are final. The principle reflects the conclusive nature of judgments. It prevents re-litigation. The court must apply the estoppel. The principle provides guidance on issue estoppel.