LEGAL PRINCIPLE: CIVIL PROCEDURE — Res Judicata — Dismissal Not on the Merits — Effect
PRINCIPLE STATEMENT
A decision not on the merits could not qualify as a defence through the principle of res judicata. Where a suit was preliminarily dismissed before hearing on its merits, such a decision is not a judgment for it to be cited for the defence of res judicata.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Kossen (Nig.) Limited v. Savannah Bank of Nig. Limited (1995) NLC-2091989(SC) at pp. 12–13; Paras. D–A.
"A decision not on the merits could not qualify as a defence through the principle of Res Judicata. Where a suit was preliminarily dismissed before hearing on its merit, such a decision is not a judgment for it to be cited for the defence of res judicata."
EXPLANATION / SCOPE
Res judicata requires a decision on the merits. Preliminary dismissals (e.g., for want of prosecution, lack of jurisdiction) are not on the merits. The principle applies to all civil proceedings. The party asserting res judicata must show the previous decision was on the merits. The rule prevents injustice from procedural dismissals. The court will examine the basis of the previous dismissal.