LEGAL PRINCIPLE: CIVIL PROCEDURE — Estoppel — Res Judicata — Ingredients for Application
PRINCIPLE STATEMENT
For the plea of res judicata to apply, it must be shown that the parties, the issues, and the subject-matter in the previous action were the same as those in the action in which the plea is raised.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Okukuje v. Akwido (2001) NLC-581992(SC) at p. 3; Paras A–C.
"For the plea of res judicata to apply, it must be shown that: (a) the parties; (b) the issues, and (c) the subject-matter in the previous action were the same as those in the action in which the plea is raised. Once these ingredients of res judicata are established, the previous judgment estops the plaintiff from making any claim contrary to the decision in the previous case."
EXPLANATION / SCOPE
Res judicata requires three identities: (1) identity of parties (or their privies); (2) identity of issues; and (3) identity of subject-matter. All three must be present. If any is missing, the plea fails. The previous judgment must be final and on the merits. The principle prevents relitigation of the same dispute. The burden is on the party asserting res judicata to prove all three identities. The court will not infer identity where doubt exists. The rule promotes finality and judicial economy. The parties must be the same in both actions—not merely similar. The issues must have been actually and necessarily decided in the previous action.
