CIVIL PROCEDURE — Estoppel — Res Judicata — Finality of Judgment Despite Correctness
Principle Statement
A judgment between the same parties over the same subject-matter and issues is forever binding on their privies not because the judgment is right.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Alapo v. Agbokere & Anor (2010) NLC-123-83-2004(SC) at p. 11, para. A – p. 12, para. B.
"A judgment between the same parties over the same subject-matter and issues is forever binding on their privies not because the judgment is right."
Explanation / Scope
This principle establishes that a judgment is binding not because it is right, but because it is final between the parties. The principle applies where res judicata is pleaded. It ensures that judgments are final. The principle reflects the doctrine of res judicata. It prevents re-litigation based on alleged incorrectness. The court must enforce final judgments. The principle provides guidance on the binding nature of judgments.
