LEGAL PRINCIPLE: CIVIL PROCEDURE — Res Judicata — Conditions for Application of Doctrine
PRINCIPLE STATEMENT
For the doctrine of estoppel per rem judicatam to apply, it must be shown that the parties (or their privies) are the same; the facts in issue are the same; the subject matter of the claim is the same; the decision relied upon must be final; and the court giving the decision must be competent.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Adigun v. Governor of Osun State (1995) NLC-1681992(SC) at pp. 18–20; Paras. D–A.
"For the doctrine of estoppel per rem judicatam to apply, it must be shown that the parties (or their privies) are the same; the facts in issue in both the previous case and the present case are the same; the subject matter of the claim is the same; the decision relied upon to support the plea must be final; and the court giving the decision is a competent court."
EXPLANATION / SCOPE
Res judicata requires five conditions: same parties (or privies), same facts in issue, same subject matter, final decision, and competent court. All must be satisfied. The burden is on the party asserting res judicata. The principle prevents relitigation. The court will examine the previous proceedings. The rule promotes finality and judicial economy. The previous judgment must be on the merits. The parties must have had a full opportunity to litigate.