CIVIL PROCEDURE — Res Judicata — Operation Against Court’s Jurisdiction
Ratio Decidendi
Per Adekeye, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at pp. 17—18; Paras E—A:
"The plea of res judicata operates not only against the parties but also against the jurisdiction of the court itself and robs the court of its jurisdiction to entertain the same cause of action on the same issues previously determined by a court of competent jurisdiction between the same parties."
Explanation / Scope
This principle establishes that the plea of res judicata operates against both the parties and the jurisdiction of the court, robbing the court of jurisdiction to entertain the same cause of action on issues previously determined between the same parties. The principle applies where res judicata is raised. It ensures that courts do not entertain re-litigated matters. The principle reflects the jurisdictional effect of res judicata. It prevents courts from exceeding jurisdiction. The court must decline jurisdiction. The principle provides guidance on the operation of res judicata.