LEGAL PRINCIPLE: EVIDENCE LAW – Estoppel – Standing-by Doctrine – Application
PRINCIPLE STATEMENT
The doctrine of standing by applies either when a person stood by and watched the legal battle affecting his interest being fought out by others or when he gave evidence in support of one side or the other in the litigation. So, a person may consider he has a right to protect in a subject-matter over which two other persons are litigating to his knowledge. It would not be in his interest not to join in the litigation but to watch while it raged on, or to show his awareness by positively getting involved to testify on behalf of either side. If he did that, he would be bound by the result of the litigation.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Duru & Ors v. Onwumelu & Anor (2001) NLC-1421998(SC) at p. 11; Paras C–D.
"The doctrine of standing by applies either when a person stood by and watched the legal battle affecting his interest being fought out by others or when he gave evidence in support of one side or the other in the litigation. So, a person may consider he has a right to protect in a subject-matter over which two other persons are litigating to his knowledge. It would not be in his interest not to join in the litigation but to watch while it raged on, or to show his awareness by positively getting involved to testify on behalf of either side. If he did that, he would be bound by the result of the litigation."
EXPLANATION / SCOPE
The doctrine of standing by (estoppel by conduct) applies when a person: (1) watches a legal battle affecting their interest fought by others; or (2) gives evidence in support of one side. Such a person is bound by the litigation’s result. It is not in their interest to stand by while others litigate. Showing awareness by testifying on either side also binds them. The principle prevents persons with an interest from remaining silent and later challenging the outcome. The person must have knowledge of the proceedings and their interest. The doctrine promotes finality and prevents duplicative litigation. The party must have had a real opportunity to join. The bound party cannot later relitigate the same issue.
