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CaseLaw

Coker V. Olukoga (1994) CLR 3(H) (CA)

Brief

  • Estoppel per rem judicatam
  • Res judicata
  • Parties to an action

Facts

The respondents had claimed against the appellant

  • a
    N1,000.00 damages for trespass to the plaintiffs land at Idiroko along Lagos Ikorodu Road from March, 1975.
  • b
    Injunction restraining the defendants from further trespassing unto the said land.

The learned trial Judge in a considered judgement gave judgement in favour of the respondents holding that estoppel had been proved by the respondents. He also held that Exhibits P 14 and P15 constituted an admission by Karimu Akide on behalf of Isiba family as to the identity of the first settler on the land. To him, if the admission was added to the evidence of traditional history on record the scale tilts convincingly in favour of the respondents.

Being dissatisfied with the judgement the appellants have appealed to the court of Appeal.

Issues

  • 1
    Whether Exhibit P 5 constitutes an estoppel (res judicata) as be between...
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