LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata / Estoppel – Privies and classification of privies
PRINCIPLE STATEMENT
Privies are of three classes: (1) privies in blood (ancestor and heir); (2) privies in law (testator and executor; intestate and administrator); (3) privies in estate (vendor and purchaser, lessor and lessee).
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Oyerogba v. Olaopa (1998) NLC-3001990(SC) at p. 19; Para C.
"Privies are of three classes and they are (1) privies in blood (as ancestor and heir); (2) privies in law (as testator and executor; intestate and administrator); (3) privies in estate (as vendor and purchaser, lessor and lessee)."
EXPLANATION / SCOPE
Privity determines who is bound by a judgment. Three classes exist: blood, law, and estate. The principle applies to res judicata and issue estoppel. The rule identifies persons with sufficient relationship. The court will examine the relationship. The principle is well-established.