LEGAL PRINCIPLE: CIVIL PROCEDURE — Res Judicata — Requirements for Establishing Plea
PRINCIPLE STATEMENT
To sustain a plea of res judicata, the party pleading it must satisfy that the parties (or their privies) are the same in the present suit as in the previous suit, and that the issue and subject matter are the same.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ojiako v. Ewuru (1995) NLC-1031992(SC) at pp. 6–7; Paras. D–A.
"To sustain a plea of res judicata, the party pleading it must satisfy amongst others not only that the parties (or their privies as the case may be) are the same in the present suit as in the previous suit, but also that the issue and subject matter are the same in the previous suit as in the present suit."
EXPLANATION / SCOPE
Res judicata requires identity of parties, issues, and subject matter. All three must be present. The previous judgment must be final and on the merits. The principle prevents relitigation. The burden is on the party asserting res judicata to prove all three identities. The court will not infer identity where doubt exists. The rule promotes finality and judicial economy. The parties must be the same or in privity. The issues must have been actually and necessarily decided.