Doctrine of Estoppel

Table of Contents

Doctrine of Estoppel

Estoppel is a rule which bars a party to a suit from ascertaining or denying a particular fact. Estoppel is a rule of exclusion thus making evidence of a relevant fact inadmissible.

In other words, where a person is stopped from giving certain evidence, the effect is that the evidence become inadmissible. Though the word is used in sec.169-174, it is not defined in the evidence Act.

Is Estoppel a rule of pleadings, evidence, substantive law or merely an irrebuttable presumption?

A party seeking to rely on the doctrine must specifically plead it or give the facts to be relied on. Generally, Estoppel has no place in the statement of claim but can be a whole defence in the statement of defense. Estoppel is similar to an irrebuttable presumption of law. However, while Estoppel could be waved, an irrebuttable presumption cannot be waved. We can say therefore that Estoppel has a bearing on all, but any party wishing to rely on it must specifically plead it. Chellaram & son’s vs Ollivant Ltd. (1944) 10 WACA 77. When a judgement is a relevant fact in a case, it is
admissible even if not pleaded see Sec.174 of the evidence Act 2011.

Difference between Estoppel simpliciter and Estoppel per rem judicata

There is a difference between Estoppel simpliciter and Estoppel per rem judicata. While Estoppel simpliciter operates against the parties, as in Estoppel by conduct, per rem judicata operates not only against the parties but also the Court jurisdiction. See Coker vs Sanyaolu (1976) 9-10 S.C.

In Balogun vs Adejoke (1995) 2 NWLR 131, it was held that Estoppel can be classified into four, namely:
a. Estoppel by record
b. Estoppel by conduct
c. Estoppel by agreement
d. Estoppel by deed
a. Estoppel by Record:

Estoppel by record is further divided
into two:
(i) Cause of action Estoppel:
This is usually referred to as Estoppel per rem judicata. In essence, where a course of action which was subject of an earlier litigation between the same parties had been adjudicated upon by a Court of competent jurisdiction, is brought again in a subsequent proceeding between the same parties, the subsequent plaintiff will be barred or Estopped per rem judicare from bringing it. In such a case, the earlier judgement is res judicata I.e a matter adjudged or a thing judicially acted upon or decided or thing or matter settled by judgement. This specie of Estoppel is also called “Estoppel by judgement” because it arises from the judgement of a court. See the case of fadiora & Anor vs Gbadebo & Anor (1978) 3 S.C 219.

Operation of the doctrine

Section 173 of the evidence Act provides:
Parties must be the same: parties in the two proceedings must be the same. Parties include not only the parties named in the writ but privies to such parties.

Privies are in three categories:
i. In blood e.g ancestor and heir;
ii. In estate e.g lessor and lessee;
iii. In law e.g testator and executor.