EVIDENCE LAW — Inapplicability of Res Judicata Where Cause of Action Did Not Exist
Ratio Decidendi
Per Omo, JSC, in Oloriegbe v. Omotesho (1993) NLC-1901988(SC) at pp. 13–14; Paras B–C:
The conclusion to which I have therefore arrived is that the second issue (claim) is an entirely new issue (claim) which has not been previously canvassed. It cannot therefore be caught by respondent's plea of res judicata, which must therefore fail."
Explanation / Scope
This principle addresses one of the essential conditions for the application of res judicata—that the matter must have been previously litigated and decided. Res judicata prevents re-litigation of issues already determined between the same parties, but operates only where the identical issue was actually canvassed in earlier proceedings. A claim based on facts or circumstances that arose after the earlier suit, or based on a distinct cause of action not previously asserted, falls outside the res judicata doctrine. The principle requires courts to carefully examine whether the current claim is truly identical to what was previously decided or represents a new and independent cause of action. This ensures that while res judicata prevents vexatious re-litigation, it does not bar legitimate new claims that happen to involve the same parties or related subject matter. The doctrine’s scope is limited to matters actually litigated, not to all potential disputes between parties.