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CaseLaw

Adewoyin V. Okunola (1991) CLR 4(j) (CA)

Brief

  • Res judicata
  • Multiplicity of actions
  • Estoppel per rem judicatam

Facts

Plaintiffs in the trial court (respondents herein) sued the defendants (appellants herein) for the following reliefs:-

  • i
    The sum of N50,000.00 (fifty thousand naira) jointly and severally against the defendants as special and general damages for continuing trespass being committed by the defendants on the plaintiffs' parcel of land situate at Odo Ona Elewe Area, Ibadan which area is marked E on Plan No. AD/231/86 dated 31/10/86 drawn by M. A. Adeoti.
  • ii
    An order of perpetual injunction restraining the defendants, their agents and /or servants from any further entry on the said land".

Following this, appellants filed a motion asking the court to settle an important point of law as a preliminary objection to the hearing of the suit based on paragraphs 20, 21 and 22 of the 3rd defendant's amended statement of defence regarding the application of the doctrine of Res Judicata to the action.

They also asked the court to dismiss the plaintiffs' action on the ground of res judicata, cause of action estoppel and issue estoppel.

The learned trial judge dismissed the appellants' application, and adjourned the substantive case for hearing.

The appellants appealed to the Court of Appeal.

Issues

Whether the learned trial Judge in this case was right in dismissing the...

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