Skip to main content

ESTOPPEL

By April 3, 2026CIVIL MATTERS, E

STANBIC IBTC BANK PLC V. L.G.C. LTD. (2025) 13 NWLR (PT. 2002) 361

ON OPERATION OF PRINCIPLE OF ESTOPPEL

Under section 169 of the Evidence Act, 2011, when one person has either by virtue of an existing court judgment, deed or agreement or by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he or his representatives in interest shall be allowed in any proceeding between himself and such person or such person’s representative in interest, to deny the truth of that thing.

The effect of the provision of the Evidence Act is that a person is prohibited from denying an assertion he led another to believe through words, action or inaction, if the other person had relied on it to his detriment as an estoppel by conduct or estoppel in pais or equitable estoppel.

The purpose of estoppel is to prevent a party from unfairly departing from an assumption adopted by another party, where that assumption influenced the latter’s action or inaction to his detriment.

[N.N.P.C. v. Owners, M.T. Venture (Unreported) Appeal No. SC/121/2014 of 7/3/2025 referred to.]

(Pp. 398–399, paras. F–A)

Leave a Reply