CIVIL PROCEDURE — Res Judicata — Doctrine and Rationale — Policy Against Relitigation
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Dauda & Anor v. A.G., Lagos State & Ors (2011) NLC-123-184-2000(SC) at p. 21; Paras A—D:
"Once it is a final decision on the same question and between the same parties it is binding until upset on appeal. Res judicata gives effect to the policy of the Law that parties to a judicial decision should not afterwards be allowed to relitigate the same question even if the decision is wrong. This is premised on the fact that a court has jurisdiction to decide wrongly as well as correctly, and if it makes a mistake its decision is binding unless corrected on appeal. Reasons for the doctrine of res judicata estoppel are the interest of the public in the termination of disputes, the conclusiveness of judicial decision and the fact that the individual ought to be protected from vexations multiplicity of suits."
Explanation / Scope
This principle establishes that res judicata gives effect to the policy that parties should not relitigate the same question even if the decision is wrong, as a court has jurisdiction to decide wrongly as well as correctly. The principle applies where res judicata is pleaded. It ensures finality of judgments. The principle reflects the rationale for res judicata. It prevents vexatious multiplicity of suits. The court must apply the doctrine. The principle provides guidance on res judicata.