LEGAL PRINCIPLE: CIVIL PROCEDURE – Issue Estoppel – Same Issue Previously Decided Finally Between Same Parties or Privies
PRINCIPLE STATEMENT
The conditions for issue estoppel are: (1) the same question was decided in earlier proceedings; (2) the judicial decision was final; and (3) the parties or their privies are the same.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Adedayo v. Babalola (1995) NLC-1901991(SC) at p. 17; Paras C–E.
"The conditions for the application of the doctrine of issue estoppel have been established. These are that: 1. The same question was decided in earlier proceedings; 2. The judicial decision said to create the estoppel was final; and 3. The parties to the judicial decision or their privies were the same persons as the parties to the proceedings in which the estoppel is raised or their privies."
EXPLANATION / SCOPE
Issue estoppel prevents relitigation of issues previously determined. The three conditions are cumulative. The decision must be final and on the merits. The parties must be identical or in privity. The issue must have been actually and necessarily decided. The principle promotes finality and judicial economy. The burden is on the party asserting estoppel to prove all three conditions. The court will examine the record of the prior proceedings. The rule applies to both civil and criminal cases. The principle is based on res judicata.