Ma Chukwunta V. Nwalu Chukwu & Ors (1953)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Estoppel—Judgment of Native Court—Decision ofDistrict Officer on review—Resident proposing Inter-Tribal Settlement inquiry on application for review—
Judgment valid until set aside.
Native Courts—Suits in representative capacity—Form—Substance.

Facts

The appellant first sued respondents No. 2 and 3 and another in the Native Court; he was eventually non-suited by the District Officer, and .applied to the Resident; and the Resident proposed an Inter-Tribal Boundary Settlement Inquiry, but no such inquiry was held.

The appellant next sued respondent No. 1 about the same land but his claim was dismissed in the Native Court of Appeal, which was affirmed by the District Officer on review.

Finally he sued all three respondents and his action was transferred to the Supreme Court, where it was held that the District Officer’s decision in the second case created rem judicatam but not in the first case, and that the appellant did not prove that his people were the owners.

There were (for the purposes of this note) three points taken in the argument for the appellant that there was no res judicata:—
(a) that the Resident proposed an Inquiry;
(b) that the District Officer’s decision was liable to appeal;
(c) that the appellant sued in his personal capacity, and the respondent was so sued.

Held

(1) The Resident did not set aside the District Officer’s decision; it remained unaffected by the Resident’s mere proposal of an Inter-Tribal Settlement Inquiry.

(2) A judgment liable to appeal remains final and valid until it is set aside by the higher court.

(3) In a Native Court case the form is not to be stressed so long as the issue involved is Hear: the evidence disclosed that the appellant was suing as a representative of his people, and that the first respondent (as indeed the other respondents also) was sued as a representative of his people.

Appeal dismissed.