LEGAL PRINCIPLE: CIVIL PROCEDURE — Estoppel — Subject Matter Must Be Same for Res Judicata
PRINCIPLE STATEMENT
I have carefully read through the record myself and my irresistible conclusion is that the lower courts were right in their rejection of the plea of res judicata relied upon by the defendant in this case. The issue and subject matter in the previous suit and present suit are not the same. These are sufficient for the plea to have collapsed.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Odutola v. Oderinde & Ors (2004) NLC-1441999(SC) at p. 8; Paras A–B.
"I have carefully read through the record myself and my irresistible conclusion is that the lower courts were right in their rejection of the plea of res judicata relied upon by the defendant in this case. The issue and subject matter in the previous suit (23/CV/75) and present suit (HCJ/6/89) are not the same. These are sufficient for the plea to have collapsed as it did."
EXPLANATION / SCOPE
Res judicata fails if the issue and subject matter in the previous and present suits are not the same. Identity of subject matter is essential for the plea. The principle applies to civil proceedings. The court must compare both suits to determine sameness. Different subject matter means the plea cannot succeed regardless of other conditions. The rule prevents abuse of res judicata where disputes differ.
