LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata – Issue Estoppel – Public Policy Foundation
PRINCIPLE STATEMENT
The doctrine of issue estoppel is founded on strong principles of justice and public policy. Were parties to be allowed to relitigate the same issue over and over again, litigation will be as endless as it takes the loosing party to revise his evidence and engage a more skillful lawyer to present his case. The process would go on endlessly until the party seeking to prove the point succeeds or wears his opponent down to submission. Litigation would then become a war of attrition which it is not supposed to be.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Ikeni & Anor v. Efamo & Ors (2001) NLC-991997(SC) at pp. 15–16; Paras E–A.
"The doctrine of issue estoppel is founded on strong principles of justice and public policy. Were parties to be allowed to relitigate the same issue over and over again, litigation will be as endless as it takes the loosing party to revise his evidence and engage a more skillful lawyer to present his case. The process would go on endlessly until the party seeking to prove the point succeeds or wears his opponent down to submission. Litigation would then become a war of attrition which it is not supposed to be."
EXPLANATION / SCOPE
Issue estoppel rests on public policy: preventing endless litigation, where a losing party revises evidence and engages new lawyers to retry the same issue. Without estoppel, litigation becomes a war of attrition—the wealthy or persistent may eventually prevail, not the just. The doctrine ensures finality, conserves judicial resources, and prevents harassment. A party must have one full and fair opportunity to prove an issue; after that, the matter is closed. The principle respects the finality of judgments and the integrity of the judicial process. It discourages forum-shopping and repeated attempts to re-litigate settled issues. The public interest favours an end to litigation.
