OSHODI V EYIFUNMI

Issue:

The appellants claimed against the 1st respondents forfeiture of his customary tenancy, possession of land, N1OO.OO damages and injunction. The action accordingly proceeded against the four remaining defendants. Pleadings were ordered in the suit and were duly sealed, filed and exchanged, with same amended by various orders of court. At the subsequent trial, the parties testified on them own behalf. The defendants pleaded estoppel per rem judicatam which was founded on the judgment of the Ikeja High Court. The learned trial judge after a review of the evidence on the 7th day of July, 1918 found for the plaintiffs and held that although the parties and the issues in the previous suit and present case were the same. The defence of estoppel per rem judicatam was accordingly rejected. As regards the 2nd defendant the learned trial judge found him liable in trespass. Being dissatisfied with this judgment of the trial court, all the three defendants lodged appeal to the Court of Appeal, Lagos Division, which court in a unanimous decision affirmed the decision of the trial court and dismissed their appeals. Aggrieved by this decision of the Court of Appeal, the defendants further appealed to the Supreme Court.