EVIDENCE LAW — Estoppel — Doctrine Founded on Justice and Good Sense
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ayuya & Ors v. Yonrin & Ors (2011) NLC-123-24-2002(SC) at p. 51; Paras A—B:
"The doctrine of estoppel per rem judicatam is one founded on considerations of justice and good sense. If an issue has been distinctly raised and decided in an action, in which the parties are represented, it is unjust and unreasonable to permit the same issue to be litigated afresh between the same parties or persons claiming under them."
Explanation / Scope
This principle establishes that estoppel per rem judicatam is founded on justice and good sense, and it is unjust to permit re-litigation of an issue distinctly raised and decided between the same parties or their privies. The principle applies where estoppel is invoked. It ensures that decided issues are final. The principle reflects the rationale for estoppel. It prevents injustice from re-litigation. The court must apply the doctrine. The principle provides guidance on estoppel.