CIVIL PROCEDURE — Finality of Judgment — Binding Effect Despite Error — Until Upset on Appeal
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ayuya & Ors v. Yonrin & Ors (2011) NLC-123-24-2002(SC) at pp. 51—53; Paras E—A:
"Once a judgment is delivered, and it is a final judgment, or there is no appeal, it would no longer be necessary to prove that the judgment is correct in law or fact. If it is a judgment on the same question, between the same parties and by a court of competent jurisdiction it is binding on the parties until upset on appeal. This is so because it is the policy of the law that parties to a judgment are not allowed after a judgment is delivered to re-litigate the same question even though the decision may be wrong. This is premised on the fact that a court of competent jurisdiction has jurisdiction to decide wrongly as well as correctly, and if it decides wrongly the wrong decision is binding unless corrected on appeal."
Explanation / Scope
This principle establishes that a final judgment is binding on the parties until upset on appeal, even if wrong, as a court of competent jurisdiction has jurisdiction to decide wrongly as well as correctly. The principle applies to all final judgments. It ensures finality of judgments. The principle reflects the policy against re-litigation. It prevents parties from re-litigating decided questions. The court must treat the judgment as binding. The principle provides guidance on the finality of judgments.