Lawbreed Blog

When is A Party Estopped?

When is A Party Estopped?

CASE CITATION: JOE IGA & ORS. v. CHIEF EZEKIEL AMAKIRI & ORS.(1976) 11 S.C. (REPRINT)

DATE OF JUDGMENT: FRIDAY, THE 12TH DAY OF NOVEMBER, 1976
COURT: SUPREME COURT
SUIT: SC. 18/1975
CORAM:
1. GEORGE S. SOWEMIMO(Presided)
2. CHUKWUNWEIKE IDIGBE
3. ANDREWS O. OBASEKI (Delivered the Leading Judgment)

ISSUE(S): ESTOPPEL IN PAIS. NULLUS COMMODUM CAPERE POTEST DO INJURIA SUA PROPRIA

CASE SYNTHESIS

The law is clear and well settled on the point. It may be stated thus:

“If a man by his words or conduct willfully endeavours to cause another to believe in a certain state of things which the first knows to be false and if the second believes in such state of things and acts upon his belief, he who knowingly made the false statement is estopped from averring afterwards that such a state of things does not exist at the time: again, if a man either in express terms or by conduct, makes a representation to another of the existence of a state of facts which he intends to be acted upon in that way, in the belief of the existence of such a state of facts, to the damage of him who so believes and acts, the first is estopped from denying the existence of such a state of facts: Thirdly, if a man whatever his real meaning maybe, so conducts himself that reasonable man would take his conduct to mean a certain representation of facts and that it was a true representation, and that the latter was intended to act upon it in a particular way, and he with such belief, does act in that way to his damage, the first is estopped from denying the facts as represented.”

JOE IGA & ORS. v. CHIEF EZEKIEL AMAKIRI & ORS.(1976) 11 S.C. (REPRINT) 1 @ 9-10

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