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See Also:
- EVIDENCE - Estoppel Per Rem Judicatam/Res Judicata - Doctrine of res judicata
"The law is correctly stated by Denning, L.J. in Fidelites Shipping Company Limited v. V/D Exportchild (1966) 1 QB 630 at p. 640. The rule is that once an issue…
- EVIDENCE - Estoppel Per Rem Judicatam/Res Judicata - Conditions for a successful plea of estoppel per rem judicatam
"...I am of the view that all the following ingredients of the plea of estoppel per rem judicatam were present:- (a) the parties in the previous action were the same as…
- EVIDENCE - ESTOPPEL PER REM JUDICATAM/RES JUDICATA - Whether the existence of the principle of res judicata is a question of fact
"Grounds 1, 2, & 3 complain about the findings that the suit of the Appellant was caught by the principle of estoppel per rem judicatum. The question of estoppel per…
- EVIDENCE - Estoppel Per Rem Judicatam/Res Judicata - Conditions for a successful plea of estoppel per rem judicatam
"It is now elementary but necessary to state that the principle of res judicata applies only where there is a lis inter partes, to preclude a party from raising again…
- EVIDENCE - Estoppel Per Rem Judicatam/Res Judicata - Conditions for a successful plea of estoppel per rem judicatam
"In Ihenacho Nwaneri & Ors. v. N. Oriuwa & Ors. (1959) 4 F.S.C. at page 132, this Court while dealing with the doctrine of estoppel per rem judicatam had these…