LEGAL PRINCIPLE: EVIDENCE LAW — Estoppel by Conduct — Elements of Estoppel in Pais
PRINCIPLE STATEMENT
Where one by his words or conduct willfully causes another to believe the existence of a certain state of things and induces him to act on that belief so as to alter his position, the former is precluded from averring a different state of things.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Nsirim v. Nsirim (2002) NLC-1761995(SC) at pp. 14–15; Paras E–A.
"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 alter his own previous position, the former is precluded from averring against the latter a different state of things as existing at the same time."
EXPLANATION / SCOPE
Estoppel by conduct (estoppel in pais) prevents a party from denying facts he induced another to believe. Elements: (1) willful conduct (words or actions); (2) causing another to believe a state of things; (3) inducing action on that belief; (4) alteration of position. The principle promotes fairness and prevents inconsistency. The party estopped cannot assert a different position. The reliance must be reasonable. The estoppel applies to both legal and factual representations. The principle is equitable. The court will not allow a party to blow hot and cold. The rule applies in both civil and criminal cases. The burden is on the party asserting estoppel to prove the elements.