CIVIL PROCEDURE — Res Judicata — Estoppel per Rem Judicatam — Definition and Nature
Ratio Decidendi
Per Adekeye, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at p. 15; Paras C—E:
"Estoppel per rem judicatam or estoppel of record arises where an issue of fact has been judicially determined in a final manner between the parties or their privies by a court or tribunal having jurisdiction in the matter and the same issue comes directly in question in subsequent proceedings between the parties or their privies. It effectively precludes a party to an action, his agents and privies from disputing as against the other party in any subsequent suit, matters which had been adjudicated upon previously by a court of competent jurisdiction between him and his adversary involving the same issues."
Explanation / Scope
This principle defines estoppel per rem judicatam as arising where an issue of fact has been judicially determined in a final manner between parties or their privies by a competent court, and the same issue arises in subsequent proceedings. It precludes a party, their agents, and privies from disputing matters previously adjudicated. The principle applies where res judicata is pleaded. It ensures that final determinations are binding. The principle reflects the doctrine of estoppel by record. It prevents re-litigation of decided issues. The court must apply the estoppel. The principle provides guidance on estoppel per rem judicatam.