Okusanya And Another (Representing Axe Privy People) V. Akanwo And Another (Representing Iiesha People) (1938)

LawGlobal Hub Judgment Report – West African Court of Appeal

Facts

This is an appeal from a judgment of the West African Court of Appeal, which dismissed an appeal from a judgment of Paul J., dismissing an action brought by the appellants against the respondents. The action was dismissed as to part of the relief claimed upon the ground of res judicata, and as to the rest of the relief claimed upon the ground that it was misconceived and unnecessary. The Court of Appeal dismissed the appeal of the appellants upon the ground that all the questions then sought to be raised were clearly res judicata’. They made no specific reference to the claim which Paul J. considered to be misconceived and unnecessary.

Held

The appellants represent the people of Ake and the respondents are representatives of the people of Ijesha.

In order to make clear how the question of res judicata arises, it is necessary to describe the litigation which has taken place from time to time from the year 1905 onwards, between the representatives of these two peoples; and the litigants in each case will be referred to as the people whom they represented, i.e., as Ake and Ijesha respectively.