BOSINDE AYUYA V. CHIEF NAGHAN YONRIN

SUBJECT-MATTER

LAND LAW

EVIDENCE – Onus on plaintiff to identify the disputed land

EVIDENCE – Res judicata; when can be pleaded and relied on

EVIDENCE – Difference between estoppel and res judicata

EVIDENCE – Evaluation of evidence; duty of trial court

 “A plaintiff in an action for declaration of title may plead and rely on a previous judgment in his favour not as res judicata but simply as an estoppel in the sense that it constitutes a relevant fact to the issue in the present action and the judgment will be conclusive of the facts which it decided”

Per Onnoghen J.S.C

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