CaseLaw
Onigemo V. Opoetu (2000) CLR 8(g) (CA)
Brief
Facts
Respondents sued appellants for a declaration of title to a customary right of occupancy in respect of a parcel of Land situate in Ado-Ekiti amongst other claims.
Respondents claimed that the land was given to their ancestor by the Oba of Ado-Ekiti outrightly while appellants argued that after the settlement in Ado-Ekiti, the Oba gave land in trust for him to five high chiefs including the appellants’ ancestor but that no land was given to the respondents ancestor who was a war chief just as land was not given to any war chief in Ado-Ekiti.
During the suit, appellants filed a motion on notice praying the court for an order dismissing or striking out the claim of the respondents on the ground of res judicata based on the fact that the land in dispute is part of land which had been litigated upon by the parties in a suit before the customary court and in an appeal to the High Court, both courts gave judgment in favour of the appellants.
The trial court held that the land in dispute in the former suit was different from that in the present suit. Consequently, it dismissed the appellants’ plea of res judicata.
The trial court in its substantive judgment held that the parties in the former suit were privies of the parties in the present suit. The trial court however did not make a finding on the appellants averment that no land was given to respondents ancestor who was a war chief because land in Ado-Ekiti was not given to other war chiefs.
Appellants dissatisfied appealed to the Court of Appeal.
Issues
Whether the reliance placed by the lower court on the two earlier judgments...