CONSTITUTIONAL LAW — Judgment in Rem — Definition and Effect — Binding on Entire World
Ratio Decidendi
Per Adekeye, JSC, in Ogboru & Anor v. Uduaghan & Ors (2011) NLC-123-361-2011(SC) at pp. 28—29; Paras E—A:
"A judgment in rem may be defined as the judgment of a Court of competent jurisdiction determining the status of a person or thing as distinct from the particular interest of a party to the litigation. Apart from the application of the term to persons, it must affect the 'res' in the way of condemnation, forfeiture, declaration, status or title. Examples are judgment of a Court over a will creating the status of administration; Judgment in a divorce by a Court of competent jurisdiction dissolving a marriage declaring the nullity or affirming its existence; Judgment in an election petition. The feature of a judgment in rem is that it binds all persons whether a party to the proceedings or not. It stops anyone from raising the issue of the status of person or persons or things, or the rights or title to properly litigated before a competent Court. It is indeed conclusive against the entire world in whatever it settles as to status of the person or property. All persons whether party to the proceedings or not are stopped from averring that the status of persons is other than the Court has by such judgment declared or made it to be."
Explanation / Scope
This principle defines a judgment in rem as determining the status of a person or thing, binding on all persons whether parties or not, and conclusive against the entire world as to status. The principle applies in judgments affecting status. It ensures that such judgments are universally binding. The principle reflects the nature of judgments in rem. It prevents re-litigation of status. The court must treat them as conclusive. The principle provides guidance on judgments in rem.