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CaseLaw

Archibold V. Ogodo (2000) CLR 6(w) (SC)

Judgement delivered on June 2nd 2000

Brief

  • Interlocutory decision
  • Issue of estoppel
  • Res judicata

Facts

Late Chief Ogodo, the ancestor of the respondents was nephew of one Madam Mivayegbedia, appellants’ grandmother and who they claimed lived at Ugbunurhie village. Mivayegbedia was said to be a sister of the half blood of Erukayemre, the mother of late Chief Ogodo. Chief Ogodo had some misfortunes at Okuepete in Amukpe where he was living. As a result of this, his aunt Mivayegbedia brought him to live with her. The area given to him to live at has now developed into what is today known as Okuogodo, that is Ogodo village.

Sometime at the beginning of the last century some Europeans came to Sapele to establish trading business. One of them was Mclver who approached Madam Mivayegbedia for land at Ugbunurhie by the River. Being of old age she mandated Chief Ogodo to negotiate with Mclver on her behalf. Chief Ogodo did so and the result was, the deed of lease he executed with Mclver, Exhibit D, dated 6th August 1902. Both Mivayegbedia and Chief Ogodo enjoyed the rents accruing from the lease in their life time.

Ebba was child of Mivayegbedia and father of the appellants. He moved away from Ugbunurhie where his mother had settled and founded his own village known and called Ugbeyiyi. On the death of Mivayegbedia, Ebba succeeded to her right over Ugbunurhie and he too continued to enjoy the rents accruing from the Mclver lease.

Ebba and chief Ogodo died and their families continued to live in harmony, particularly when Itoto Ogodo was head of the Ogodo family and the two families continued to share the rents on the Mclver lease among themselves. I may mention that the interests of the Mclver & Co. Ltd. had passed to African Timber & Plywood Ltd., which later became a Division of the UAC Nigeria Ltd. (the 3rd defendant in these proceedings). On the death of Itoto Ogodo, however, members of the Ogodo family denied the Ebba family of a share in the rents and matters came to a head when in 1974 the Ogodo family sued the Ebba family, among others claiming –

  • 1
    "As against all the defendants A Declaration that the plaintiffs and members of their family are according to Native Law and Custom, the owners in possession and in absolute title to all that piece or parcel of land called Ogobobare situated at Sapele within the jurisdiction of this Honourable Court the area, extent and limit of the said land is more particularly shown on the survey plan No. TJM 1783 and accordingly hatched Green in the said survey plan filed with this statement of claim.
  • 2
    As against the second and third defendants only An order for the payment over to the plaintiffs of the amount of money found to have been paid as compensation by the Western Region Government/ Midwestern State Government to the second and third defendants in error and or as a result of the false representation made to it by the second and third defendants.
  • 3
    As against the second and third defendants only an order for the payment over to the plaintiff of the amount of N1,200,00 (One thousand two hundred Naira) received as ten years rent by the second and third defendants from Koloko Importers and Exporters Limited by falsely representing themselves as owners of part of Ogobobare land in Sapele.
  • 4
    As against the second and third defendants only an order of forfeiture in respect of the area occupied by them because of the grave misconduct on part of the said defendants in challenging the plaintiffs' title to the land and dispossessing the plaintiffs of portions of the said land.
  • 5
    A perpetual injunction restraining the defendants, their agents, servants/privies from entering the said plaintiffs’ land known as Ogobobare edged Green on the survey plan No. TJM 1783 filed with this Statement of Claim."

The land originally leased to Mclver & Co. Ltd., and now known as A.T. & P land is within the land claimed by the Ogodo family in this action. See Exhibit N.

The trial court refused to grant the claim of the appellants holding that the finding of the trial court in Suit No.S/23/74 did not constitute issue estoppel against the respondents as no issue was joined by the parties as to the capacity on which Chief Ogodo signed the Mclver lease in 1902 in that case.

Appellants appeal to the Court of Appeal was dismissed.

Dissatisfied, the appellants further appealed to the Supreme Court.

Issues

Whether issue estoppel as claimed by the appellants arose and was decided in...

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