LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata – Privity of Parties Satisfies Identity Requirement
PRINCIPLE STATEMENT
Parties are considered the same for res judicata if they are privies in blood or in law, such that the cause of action could not have been maintained without them.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Adedayo v. Babalola (1995) NLC-1901991(SC) at pp. 24–25; Paras C–A.
"The parties in the two cases, KWS/OM/5/86 and KWS/OM/17/87 are the same because they are 'privies in blood'… The 1st respondent in the instant appeal is therefore the main defendant as the cause of action could not have been maintained without him."
EXPLANATION / SCOPE
Privity of parties includes blood relationship, succession, or representation. The doctrine prevents relitigation by those in privity. The principle applies to res judicata and issue estoppel. The court examines whether the party had a sufficient interest in the prior proceedings. The rule prevents parties from circumventing estoppel by changing nominal parties. The burden is on the party asserting privity to prove it. The principle promotes finality. The court will not allow a party to relitigate through a privy. The rule applies to both plaintiffs and defendants.