LEGAL PRINCIPLE: CIVIL PROCEDURE — Res Judicata — Splitting of Claims — Second Bite at the Cherry
PRINCIPLE STATEMENT
Where a claim which had been dismissed by a court is cleverly split into multiple claims in a subsequent suit, the doctrine of estoppel per rem judicatam applies to bar the subsequent action, as it would amount to allowing the plaintiff to have a second bite at the cherry.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Adigun v. Governor of Osun State (1995) NLC-1681992(SC) at pp. 13–14; Paras. D–B.
"Where a claim which had been dismissed by a court is cleverly split into multiple claims in a subsequent suit, the doctrine of estoppel per rem judicatam applies to bar the subsequent action, as it would amount to allowing the plaintiff to have a second bite at the cherry."
EXPLANATION / SCOPE
A plaintiff cannot split a single cause of action into multiple claims to avoid res judicata. The principle prevents a “second bite at the cherry.” The court will examine whether the subsequent claims arise from the same facts. The rule applies to all civil proceedings. The plaintiff must bring all claims arising from the same transaction in one action. Splitting claims is an abuse of process. The court will strike out subsequent actions. The principle promotes finality and judicial economy.