LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata – Conflicting Judgments – Later Judgment Supersedes Earlier Judgment
PRINCIPLE STATEMENT
The law is well settled in this jurisdiction that where there are two or more conflicting judgments, it is the latest in time that constitutes res judicata.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Ikeni & Anor v. Efamo & Ors (2001) NLC-991997(SC) at p. 14; Paras D–E.
"The law is well settled in this jurisdiction that where there are two or more conflicting judgments, it is the latest in time that constitutes res judicata."
EXPLANATION / SCOPE
Where conflicting judgments exist on the same issue, the latest in time constitutes res judicata. The later judgment supersedes the earlier. The principle resolves conflicts between successive judgments. Parties cannot rely on an earlier judgment that has been overtaken by a later inconsistent decision. The later judgment is presumed to have taken into account the earlier. The court will give effect to the most recent determination. The principle ensures that the most current judicial pronouncement governs. A party cannot forum-shop or rely on outdated judgments. The earlier judgment may still be relevant for other purposes, but not as res judicata if contradicted by a later judgment. The later judgment must be valid and final.