ESTOPEL
ACCORDING TO ARTICLE 18 OF QANOONE SHAHADAT ORDER 1984{QSO}EVIDENCE MAY B GIVEN OF THE FACTS IN ISSUE AND FACTS RELEVENT B QANOON E SHAHADAT.AS PER THE SCHEME OF THE QANUN E SHAHADAT 1984 AND EARLIER THE EVIDENCE ACT1872 CERTAIN FACTS ARE RELEVENT ANDEVIDENCE RELATING TO SUCH FACTS MA B GIVEN;PROVIDED THEY HAVE BEARING UPON THE FACTS IN ISSUE OR THE MATTER IN CONTROVERS.
HOWEVER THERE ARE CERTAIN RELEVENT FACTSTHE EVIDENCE OF WHICH ISIS NOT RECIVED BY THE COURT UNDER VERIOUSPROVISIONS OF LAW.THESE R AS FOLLOWS.
1.FACTS WHICH NEED NOT TO B PROVED.
FACTS JUDICIALLY NOTICEABLE
FACTS ADMITTED NEED NOT TO B PROVED
2.EVIDENCE WHICH NOT TO B ALLOWED BY THE COURT DUE TO PRIVILEDGE
3EVIDENCE WHICH IS NOTALLOWED BY THE COURT DUE TO ESTOPEL.
WHAT IS ESTOPEL
DEFINATION OF ESTOPEL;
WE CAN DEFINE THE ESTOPEL ACCORDING TO BLACKS LAW DICTIONARY.
1.A BAR THAT PREVENTS ONE FROM ASSERTING THE CLAIM
OR RIGHTS THAT CONTRADICTS WHAT ONE HAS SAID OR DONE BEFORE OR WHAT HAS BEEN LEGALLY EASTABLISHED AS TRUE.
2.A BAR THAT PREVENTS THE RE LITIGATION OF ISSUES.
RELEVENT PROVISIONS.
ARTICLE 114 115 AND 116 DEAL WITH THE ESTOPEL.
ARTICLE 114
WHEN ONE HAS BY HIS DECLARATION ACT OR OMISSION INTENTIONALLY CAUSED OR PERMITTED ANOTHER PERSON TO BELIEVE A THING TO B TRUE AND ACT UPON SUCH BELIEF NEITHER HE NOR HIS REPRESENTATIVES SHALL B ALLOWED IN ANY SUIT OR PROCEEDINGS BETWEEN HIMSELF AND SUCH PERSON OR HIS REPRESENTATIVE TO DENY THE TRUTH OF THE THING.
ILLUSTRATIONS
A" INTENTIONALLY AND FALSELY LEADS B" TO BELIEVE THAT CERTAIN LANDS BELONG TO A"AND THERE BY INDUCES TO B TO BU IT AND PAY FOR IT
THE LAND AFTERWARDS BECOMES THE PROPERTY OF A'A"SEEKSTO SETASIDE THE SALE ON THE GROUNDS THAT AT THE TIME OF SALE HE HAD NO TITLE.
COURT SAYS HE MUST NT B ALLOWED TO PROVE HIS WANT OF TITLE.
ARTICLE 115
NO TENANT OF IMMOVEABLE PROPERTY OR PERSON CLAIMING THROUGH SUCH TENANT SHALL DURING THE CONTINUANCYOF THE TENANCY B PERMITTED TO DENY THAT THE LANDLORDOF SUCH TENANT HAD AT THE TIME OF THE BEGINNING OF THE TENANCY,A TITLE TO SUCH IMMOVEABLE PROPERTY;AND NO PERSON WHO CAME UPON ANY IMMOVEABLE PROPERTY BY THE LICENSE OF THE PERSONIN POSSESION THERE OF SHALL B PERMITTED TO DENY THATSUCH PERSONHAD A TITLE TO SUCH POSSESSION AT THE TIME WHEN SUCH LICENSE WAS GIVEN
ARTICLE 116
NO ACCEPTER OF BIIL OF EXCHANGE SHALL B PERMITTED TO DENY THE DRAWER HAD A AUTHORITY TO DRAW SUCH BILL OR TO ENDORSEIT,NOR SHALL ANY BAILEE OR LICENSEE BE PERMITTED TO DENY THAT HIS BAILER OR LICENSOR HAD AT THE TIME WHEN THE BAILMENT OR LICENSE COMMENCED;AUTHORITY TO MAKE SUCH BAILMENT OR GRANTSUCH LICENSE.
EXPLANATION 1
THE ACCEPTOR OF THE BILL OF EXCHANGE MA DENY THE BILL WAS REALL DRAWN BY THE PERSON BY WHOMIT PURPORTS TO HAV BEEN DRAWN.
EXPLANATION2
IF A BAILEE DELIVERS THE GOODS BAILED TO A PERSON OTHER THAN THE BAILER HE MAY PROVE THAT SUCH PERSON HAD A RIGHT TO THEM AS AGAINST THE BAILER.
CASELAW 1
OAKLANDMETAL CO VS BENAIM 1953QB261
FACTS OF CASE"
A AND B HAD A DISPUTE ABOUT A CONTRACT EXISTING BETWEEN THEM.IN ACCORDANCE WITH THE CONTRACT THE MATTER WAS TAKEN TO ARBITRATION AND A APPOINTED X AS ARBITRATOR.X HAVING FOUND FOR THE B , A NOW SOUGHT TO HAVE THE AWARD SET ASIDE B THE COURT ON THE GROUND THAT X WAS NOT DULL QUALIFIED AS REQUIRED BY THE CONTRACT.
JUDGEMENT"
HE WAS NOT ALLOWED TO PROVE X INCAPACITY SINCE BY APPOINTING HIM HE HAD STOPPED HIMSELF FROM DENING X QUALIFICATION.
BASIS OF DOCTORINE
1 THE RULE OF DOCTORINE ESTOPEL IS BASED ON THE MAXIM
"ALLEGAGNS CONTRARIA NON EATAUDIENDUS"
MEANS THT A PERSON ALLEGING CONTRADICTORY FACTS MUST NOT B HEARD
2 THE RULE IS BASED ON THE EQUITABLE DOCTORINE AND GOOD CONSCIOUS.
PRINCIPLE
THE PRINCIPLE OF ESTOPEL SAYS THAT:
1 A MAN CANT B APPROBATE AND REPROBATE
2A MAN CANT BLOW HOT N COLD
3 A MAN SHALL NOT SAY ONETHING AT ONE TIME AND LATER ON SA DIFFERENT THING.
OBJECT
THE MAIN OBJECT OF ESTOPEL IS TO PREVENT FRAUD AND SECURE JUSTICE BETWEEN THE PARTIES B PROMOTION OF HONESTY N GOOD FAITH.
USE OF ESTOPEL
ESTOPEL CAN BE USED AS A SHIELD BUT NOT AS A SWORD
CONDITIONS OF PRECEDENT
THE DOCTORINE OF ESTOPEL COMES INTO OPERATION IF:
1 A STATEMENT OF EXISTENCE OF FACTS HAS BEEN MADE BY THE DEFENDANT OR HIS AUTHRISED AGENT TO THE PLAINTIFF OR SOMEONE ON PLAINTIFF"S BEHALF
2 IT IS MADE WITH THE INTATION THAT THE PLAINTIFF SHOULD ACT UPON THE FAITHOF THE STATEMENT
3THE PLAINTIFF DOES ACT UPON THE FAITH OF THE STATEMENT
4 THE LANGUAGE OR ACT ON WHICH ESTOPEL IS BASED IN A CLEAR DEFINATE AND UNAMBIGUOUS STATEMENT OR ACT
ELEMENTS OF ESTOPEL
1 REPRESENTATION
2 REPRESENTATION OF EXISTING FACTS
3 INTENTION
4 SOMEONE MUST BELIEVE IT
5 SOMEONE MUST ACT ON IT
6 IMMIEDIATE CAUSE
7 UNAWARENESS OF REAL FACTS.
WHO CAN CLAIM THE BENIFIT OF ESTOPEL
ONLY THAT PERSON TO WHOM THE REPRESENTATION IS MADE OR FOR HOME IT WAS DESIGNED CAN AVAIL THE BENEFIT OF THE DOCTRINE OF ESTOPEL.
ONUS OF PROOF
THE ONUS OF PROVE LIES UPON THE PARTIES PLEADING ESTOPEL.
KINDS OF ESTOPEL
3 MAIN KINDS OF ESTOPEL
