EVIDENCE LAW — Estoppel — Requirements for Estoppel per Res Judicata
Ratio Decidendi
Per Onnoghen, JSC, in Ayuya & Ors v. Yonrin & Ors (2011) NLC-123-24-2002(SC) at pp. 14—15; Paras E—A:
"For a plea of estoppel by res judicata to succeed the party relying on it must plead and establish the following: (a) that the parties or their privies involved in both the previous and present proceedings are the same; (b) that the claim or issue in dispute in both proceedings are the same; (c) that the res judicata or the subject matter of the litigation in the two cases is the same; (d) that the decision relied upon to support the plea is valid, subsisting and final; and, (e) that the court that gave the previous decision relied upon to sustain the plea is a court of competent jurisdiction."
Explanation / Scope
This principle establishes the five requirements for estoppel per res judicata: same parties or privies, same claim or issue, same subject matter, valid and final decision, and competent court. All must be established. The principle applies where res judicata is pleaded. It ensures that the plea is properly founded. The principle reflects the requirements for estoppel. It prevents reliance on estoppel without meeting the requirements. The court must require all elements. The principle provides guidance on estoppel per res judicata.