ELIZABETH MABAMIJE. V. HANS WOLFGANG OTTO

Issue:

The case of Ms. Mabamije that Mr. Otto breached his promise to marry her, and for that reason she claimed N20,000,000.00 (Twenty Million Naira) as damages as well as an order to compel Mr. Otto to perfect/complete all marriage arrangements earlier made by him. Mr. Otto his Statement of Defence denied this allegation and stated that Ms. Mabamije had in an earlier suit, namely Suit No. W/61/2000 also filed at the High Court, Warri claimed the same reliefs against him. Mr. Otto further asserted that following the intervention of OAN Overseas Agency (Nig.) Ltd, a company in which he was managing director, the said suit was withdrawn by Ms. Mabamjje after that Company had fulfilled certain conditions laid down by her. The condition was that OAN Overseas Agency (Nig.) Ltd should furnish the apartment of Ms. Mabamije with some named amenities and on the basis of which she discontinued with the earlier suit instituted against Mr. Otto was never denied. In fact, Ms. Mabamije did not file a Counter Affidavit to contravene the Affidavit Support of the Motion to dismiss her suit on the ground of estoppel. One of the defences of Mr. Otto at High Court, Warri, was that Ms. Mabamije should have been estopped from further litigating on the subject matter having been satisfied on same in an earlier claim. The facts of estoppel were specifically pleaded by Mr. Otto in his Statement of Defence filed at the High Court, Warri as well as the Affidavit support of the Motion dated the 7th of February 2001 in which he sought to dismiss the suit. Honourable Justice Akperi (Mrs.) of the High Court, Warri dismissed the Motion holding among others that the principle of estoppel had not been established. Mr. Otto being dissatisfied with the said ruling of the High Court, Warri appealed to the Court of Appeal, Benin Division, which allowed the appeal on the ground that the Appellant herein was estopped from instituting the present suit. Aggrieved, she has appealed to this Court.