CIVIL PROCEDURE — Res Judicata — Doctrine and Rationale — Public Policy Against Relitigation
Ratio Decidendi
Per Onnoghen, JSC, in Daniel Tayar Trans Ent. Nig. Co. Ltd v. Busari & Anor (2011) NLC-123-179-2003(SC) at p. 13; Paras E—A:
"It is simply that once a dispute or matter has been finally and judicially pronounced upon or determined by a court of competent jurisdiction, neither the parties thereto nor their privies can subsequently be allowed to relitigate the matter because a judicial determination properly handed down is conclusive until reversed by an appellate court. The veracity of that decision or determination is also not open to a challenge nor can it be contradicted. The doctrine is grounded in public policy which stipulates that there must be an end to litigation as captured in the latin maxim 'interest reipublicac at sit finis litium.'"
Explanation / Scope
This principle establishes that a final judicial determination is conclusive and cannot be relitigated by the parties or their privies, grounded in public policy that there must be an end to litigation. The principle applies where res judicata is pleaded. It ensures finality of judgments. The principle reflects the rationale for res judicata. It prevents endless litigation. The court must apply the doctrine. The principle provides guidance on res judicata.