LEGAL PRINCIPLE: CIVIL PROCEDURE — Estoppel — Res Judicata — Identity of Subject-Matter — Larger Land Includes Smaller Land
PRINCIPLE STATEMENT
The rule is that the "larger" will always include the "smaller", and not the other way round; res judicata cannot apply to a larger land area where the previous litigation concerned only a smaller portion forming part of the larger area.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Okukuje v. Akwido (2001) NLC-581992(SC) at p. 23; Paras D–E.
"The rule as I understand it is that the 'larger' will always include the 'smaller', and not the other way round... The doctrine of res judicata cannot apply to the larger land area in contention where the previous litigation concerned only a smaller portion forming part of the larger area."
EXPLANATION / SCOPE
Res judicata applies from larger to smaller, not from smaller to larger. If a previous action determined title to a smaller portion of land, that does not bar a subsequent action concerning a larger area that includes that smaller portion. The larger area was not in issue in the previous litigation. The parties did not have the opportunity to litigate the larger area. The principle prevents the extension of estoppel beyond what was actually decided. Conversely, if the larger area was decided, the smaller portion is barred. The court examines the subject-matter actually litigated. The estoppel is limited to what was necessarily determined. The burden is on the party asserting estoppel to prove identity of subject-matter.
