CIVIL PROCEDURE — Res Judicata — Personal Capacity vs Representative Capacity — Effect of Judgment
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Daniel Tayar Trans Ent. Nig. Co. Ltd v. Busari & Anor (2011) NLC-123-179-2003(SC) at p. 33; Paras D—E:
"It is also to be noted that a judgment obtained against a party in his personal capacity cannot constitute res judicata in a judgment action against the party in a representative capacity. However, a judgment obtained by a party in a representative capacity binds every member who falls within the group or persons represented."
Explanation / Scope
This principle establishes that a judgment against a party in personal capacity does not constitute res judicata against the same party in representative capacity, but a judgment in representative capacity binds all members of the group. The principle applies where capacity differs. It ensures that judgments bind only those represented. The principle reflects the distinction between capacities. It prevents improper application of res judicata. The court must consider capacity. The principle provides guidance on res judicata.