EVIDENCE – ISSUE ESTOPPEL – Whether for issue estoppel to arise all the parties in the previous suit must be the same in the present suit


“The position has been fully emaciated by this Court as seen in the case of Ikeni and Ors v. Efamo & Ors (2001) 10 NWLR (Pt. 720) 1 at 11 – 12 and 17 – 18 this Court held that: “The principle that for a defence of issue estoppel to succeed there must be identity of the parties does not mean that all the parties in the previous suit must be made parties in the latter suit. It is sufficient where there are several parties in the previous suit, that those of the parties who were necessary parties to the issue in the previous suit are the same as in the latter suit.” Per MARY UKAEGO PETER-ODILI, JSC in ADALMA TANKERS BUNKERING SERVICES LTD & ANOR v. CBN & ORS (2022-LCER-46528-SC) (Pp 45 – 45; Paras B – E)

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