LEGAL PRINCIPLE: EVIDENCE LAW — Estoppel — Estoppel by Conduct — Knowledge of Material Facts Required
PRINCIPLE STATEMENT
An indispensable condition for conduct being admissible in estoppel is that it must be performed with knowledge of the material facts. Conduct without inquiry or knowledge precludes its admission in evidence and would deprive it of all probative value.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Ughutevbe v. Shonowo (2004) NLC-1601997(SC) at p. 23; Paras A–B, quoting Viscount Simmonds in Shephard v. Cartwright (1953) 3 WLR 378 with approval.
"It appears to me to be an indispensable condition of such conduct being admissible that it should be performed with knowledge of the material facts. In the present case the undisputed fact that the appellants under their father's guidance did what they were told without inquiry or knowledge precludes the admission in evidence of their conduct and, if it were admitted, would deprive it of all probative value."
EXPLANATION / SCOPE
Knowledge of material facts is indispensable for conduct to ground estoppel. Conduct performed without inquiry or knowledge has no probative value. The principle applies to evidence law and estoppel. The rule prevents estoppel based on ignorant or uninformed conduct. A person cannot be estopped by acts done without knowledge of the relevant facts. The party claiming estoppel must show the other acted with knowledge.
