LEGAL PRINCIPLE: CIVIL PROCEDURE — Abuse of Court Process — Res Judicata — Dismissal Not on Merits
PRINCIPLE STATEMENT
A decision not on the merits could not qualify as a defence through the principle of res judicata.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Kossen (Nig.) Limited & Anor v. Savannah Bank of Nigeria Limited (1995) NLC-2091989(SC).
"It is elementary to state that a decision not on the merits could not qualify as a defence through the principle of Res Judicata."
EXPLANATION / SCOPE
Res judicata requires a decision on the merits. A dismissal for want of prosecution, lack of jurisdiction, or procedural defect is not on the merits. The principle ensures that parties are not barred without a full hearing. The court will examine the basis of the previous dismissal. The rule applies to all res judicata pleas. The party asserting res judicata must show that the previous decision was on the merits. The principle prevents injustice from procedural dismissals.
