CIVIL PROCEDURE — Res Judicata — Summary Judgment as Final Judgment for Purpose of Res Judicata
Ratio Decidendi
Per Adekeye, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at p. 18; Paras D—E:
"Though the decisions in suit Nos NSHC/47/89 and NSHC/160M/92 are summary judgments being that the courts declined jurisdiction, and no appeals were lodged against them, they are equally final judgment for the purpose of res judicata."
Explanation / Scope
This principle establishes that a summary judgment, including one where the court declined jurisdiction, is a final judgment for the purposes of res judicata if no appeal is lodged. The principle applies where res judicata is pleaded. It ensures that such decisions are treated as final. The principle reflects the finality of judgments. It prevents re-litigation of decided issues. The court must treat the decision as final. The principle provides guidance on the finality of summary judgments for res judicata.