CIVIL PROCEDURE — Estoppel — Res Judicata — Requirements for Plea of Estoppel per Rem Judicatam
Principle Statement
To found a plea of estoppel per rem judicatam, the defendant/respondent had to satisfy the court that: (1) The parties were the same; (2) That the land was the same; and (3) That the subject matter of the claim was the same.
Ratio Decidendi (Source)
Per Obaseki, JSC, in Alapo v. Agbokere & Anor (2010) NLC-123-83-2004(SC) at p. 8, para. E – p. 9, para. A.
"To found a plea of estoppel per rem judicatam, the defendant/respondent had to satisfy the court that: (1) The parties were the same; (2) That the land was the same; and (3) That the subject matter of the claim was the same."
Explanation / Scope
This principle establishes the three requirements for estoppel per rem judicatam: same parties, same land, and same subject matter. The principle applies where res judicata is pleaded. It ensures that the plea is properly founded. The principle reflects the requirements for estoppel. It prevents reliance on estoppel without meeting the requirements. The court must require all elements. The principle provides guidance on the requirements for estoppel per rem judicatam.
