CIVIL PROCEDURE — Res Judicata — Cause of Action Estoppel — Public Policy Rationale
Ratio Decidendi
Per Adekeye, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at p. 15; Paras D—E:
"Cause of Action Estoppel precludes a party to an action from asserting or denying as against the other party, the existence of a particular cause of action-the non-existence or existence of which has been determined by a court of competent jurisdiction in a previous litigation between the same parties. This is because it is against the rule of public policy for anyone to be vexed twice on the same ground and for one and the same cause of action and or the same issues. It is also an application of the rule of public policy that there should be an end to litigation."
Explanation / Scope
This principle establishes that cause of action estoppel precludes a party from asserting or denying the existence of a cause of action that has been determined by a competent court in previous litigation between the same parties. The principle applies where the same cause of action is re-litigated. It ensures that parties are not vexed twice on the same ground. The principle reflects the public policy that there should be an end to litigation. It prevents multiplicity of actions. The court must bar re-litigation. The principle provides guidance on cause of action estoppel.