LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata – Issue Estoppel – Definition and Scope
PRINCIPLE STATEMENT
A party is precluded from contending the contrary of any precise point which, having once been distinctly put in issue, has been solemnly and with certainty determined against him. Even if the objects of the first and second actions are different, the finding on a matter which came directly (not collaterally or incidentally) in issue in the first action, provided it is embodied in a judicial decision that is final, is conclusive between the same parties and their privies.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Ikeni & Anor v. Efamo & Ors (2001) NLC-991997(SC) at p. 4; Paras A–C.
"A party is precluded from contending the contrary of any precise point which, having once been distinctly put in issue, has been solemnly and with certainty determined against him. Even if the objects of the first and second actions are different, the finding on a matter which came directly (not collaterally or incidentally) in issue in the first action, provided it is embodied in a judicial decision that is final, is conclusive between the same parties and their privies."
EXPLANATION / SCOPE
Issue estoppel precludes a party from contending the contrary of a precise point distinctly put in issue and solemnly determined against them. The objects of the two actions may differ—issue estoppel applies nonetheless. The finding must be direct, not collateral or incidental. The decision must be final and by a competent court. The estoppel binds the same parties and their privies. The principle prevents re-litigation of specific factual or legal issues, even if the claims differ. The point must have been necessary to the first judgment. Issue estoppel promotes finality and consistency. The party seeking to rely on it must prove the determination was clear and certain.
