LEGAL PRINCIPLE: CIVIL PROCEDURE – Issue Estoppel – Issue Must Have Been Directly Raised and Finally Determined
PRINCIPLE STATEMENT
Issue estoppel bars relitigation of an issue that has been isolated, raised, and finally determined in a previous proceeding. The finding must be direct, not collateral or incidental.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ikoku v. Ekeukwu (1995) NLC-2111989(SC) at p. 11; Paras D–E.
"Issue of estoppel relates to barring a party from relitigating an issue which has been isolated and raised in a particular proceeding and has been finally determined in that proceeding. The finding however, must come directly and not collaterally or incidentally in issue in the first action..."
EXPLANATION / SCOPE
Issue estoppel requires that the issue was directly raised and necessarily determined. Collateral or incidental findings do not create estoppel. The principle prevents the expansion of estoppel beyond what was actually decided. The party asserting estoppel must prove that the issue was essential to the previous judgment. The court will examine the record. The rule applies to both civil and criminal cases. The principle promotes finality but limits estoppel to actually decided issues. The court will not infer estoppel from obiter dicta or incidental remarks.