CaseLaw
Mabamije V. Otto (2016) CLR 1(n) (SC)
Judgement delivered on January 22nd 2016
Brief
Facts
The appellant herein claimed the respondent promised to marry her but breached that promise by refusing to marry her. Consequent upon the alleged breach a writ of summons was taking out by the appellant claiming for the sum of N 20,000,000 (Twenty Million Naira Only) being damages suffered as a result of the promise to marry her he made in December 1986 (and renewed every year up to June 1999 and April 2000) at various places in Warri; and an order of perfection/completion of all the marriage arrangement which had earlier being commenced with her parents/relations.
After the filing and exchange of pleadings, the defendant filed a motion on notice asking for the setting aside of the hearing citing an abuse of court process because the appellant is stopped from further litigation on the subject matter of the suit having waived her purported right to the claim in a previous suit against the respondent; hence, the dismissal of the suit in its entirety. However, this application was dismissed by the learned trial judge.
Dissatisfied with the ruling, an appeal was filed at the Court of Appeal which was allowed by upsetting the ruling of the trial court.
A further appeal was filed at the Apex Court against the judgment of the Court of Appeal.
Issues
Whether estoppel was established upon the un-contradicted affidavit evidence...