LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata – Issue Estoppel – Preconditions for Operation of Issue Estoppel
PRINCIPLE STATEMENT
For issue estoppel to apply, three preconditions must be satisfied: (1) the same question must be for decision in both proceedings; (2) the prior decision must be final; and (3) the parties must be the same.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Adone & Anor v. Ikebudu & Ors (2001) NLC-1401996(SC) at pp. 22–23; Paras A–B.
"For the principle to apply, in any given proceedings, all the pre-conditions to a valid plea of estoppel inter partes or per rem judicatam must apply, that: (1) the same question must be for decision in both proceedings (which means that the question for decision in the current suit must have been decided in the earlier proceedings; (2) the decision relied upon to support the plea of issue estoppel must be final; (3) the parties must be the same (which means that the parties involved in both proceedings must be the same)."
EXPLANATION / SCOPE
Issue estoppel requires three preconditions: (1) the same question was decided in both proceedings—the issue in the current suit must have been actually and necessarily decided in the earlier proceedings; (2) the prior decision must be final—interlocutory or unappealed decisions may not suffice; and (3) the parties must be the same—privity may suffice but strict identity is required. All three conditions must be satisfied. If any is missing, issue estoppel does not apply. The principle prevents relitigation of previously determined issues between the same parties. It promotes finality and judicial economy. The burden is on the party asserting estoppel to prove all three conditions.
