LEGAL PRINCIPLE: CIVIL PROCEDURE — Estoppel Per Rem Judicatam — Fundamental Requirements
PRINCIPLE STATEMENT
It is a fundamental requirement of the law that before the plea of estoppel per rem judicatam can succeed, it must be clearly shown that the parties, issues and subject matter were the same in the previous case as those in the action in which the plea is raised.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Odutola v. Oderinde & Ors (2004) NLC-1441999(SC) at pp. 22–23; Paras E–A.
"It is a fundamental requirement of the law that before the plea of estoppel per rem judicatam can succeed, it must be clearly shown that the parties, issues and subject matter were the same in the previous case as those in the action in which the plea is raised."
EXPLANATION / SCOPE
Estoppel per rem judicatam requires clear proof that parties, issues, and subject matter are identical in both cases. All three elements must be established. The principle applies to civil proceedings. The rule ensures that res judicata only bars truly identical disputes. The burden of proving sameness lies on the party pleading estoppel. The court will not assume identity without clear demonstration.
