CIVIL PROCEDURE — Res Judicata — Shield Not Sword — Available to Defendant Only
Ratio Decidendi
Per Onnoghen, JSC, in Daniel Tayar Trans Ent. Nig. Co. Ltd v. Busari & Anor (2011) NLC-123-179-2003(SC) at p. 14; Paras A—B:
"The plea of res judicata is however available to a defendant as a shield and not to be employed by a plaintiff as a sword as the legal effect of its sustainance by the court amounts to a decision to the effect that the court before which it has been raised has no jurisdiction to entertain the matter."
Explanation / Scope
This principle establishes that res judicata is a shield available to a defendant, not a sword for a plaintiff, as its effect is to deny the court jurisdiction. The principle applies where res judicata is pleaded. It ensures that the plea is properly used. The principle reflects the defensive nature of res judicata. It prevents plaintiffs from using it offensively. The court must apply the principle. The principle provides guidance on res judicata.