EVIDENCE LAW — Estoppel — Estoppel by Conduct — Standing By
Principle Statement
It is trite law that estoppel stretches beyond estoppel per rem judicatam to estoppel in pais, estoppel by deed, estoppel by negligence etc... if a party stands by and allows another to fight his battle in a litigation which touches on his interests he cannot be heard later on to complain.
Ratio Decidendi (Source)
Per Adekeye, JSC, citing Oke v. Atoloye (1986) NSCC Vol. 17 pt. 1 pg. 165, in Obineche & Ors v. Akusobi & Ors (2010) NLC-123-287-2003(SC) at p. 11; Paras B-D.
"It is trite law that estoppel stretches beyond estoppel per rem judicatam to estoppel in pais, estoppel by deed, estoppel by negligence etc... if a party stands by and allows another to fight his battle in a litigation which touches on his interests he cannot be heard later on to complain."
Explanation / Scope
This principle establishes that estoppel includes estoppel by conduct, including standing by while another fights a battle affecting one’s interests. A party who stands by cannot later complain. The principle applies where a party remains silent while litigation affecting their interests proceeds. It ensures that parties do not benefit from staying silent. The principle reflects the equitable doctrine of estoppel. It prevents parties from ambushing opponents. The court must determine if the party stood by. The principle provides guidance on estoppel by conduct.
