LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata – Proof of Identity of Subject Matter in Subsequent Proceedings
PRINCIPLE STATEMENT
To succeed on a plea of res judicata, the party must prove that the parties, issues, and subject matter in the previous litigation were the same. Absence of a survey plan is not fatal, but identity of land must be established by clear evidence.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Ibenye v. Agwu (1998) NLC-771992(SC) at pp. 42, 44; Paras E–B, C–F.
"To succeed on a plea of res judicata the party relying on it must prove that the parties, the issues, the subject matter in the previous litigation were the same in the action in which the plea is raised… the onus is on the defendants to prove that the Ugwute land the subject matter of the present proceedings is the same parcel of land litigated upon… Absence of a survey plan in the previous proceedings is not fatal… but there is absolute need for the identity of the land to be established by clear evidence."
EXPLANATION / SCOPE
Res judicata requires proof of identity of subject matter. The burden is on the party asserting the plea. The absence of a survey plan does not defeat the plea, but clear evidence is required. The principle applies to all res judicata pleas. The court will examine the description of the land in previous proceedings. The rule protects against relitigation. The party must adduce sufficient evidence of identity.
