LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata – Binding effect of judgment in representative actions
PRINCIPLE STATEMENT
It is settled law that the judgment in a representative action is binding on all the members of the class represented as they are deemed to be present by representation.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Oyerogba v. Olaopa (1998) NLC-3001990(SC) at p. 18; Para A.
"It is settled law that the judgment in a representative action is binding on all the members of the class represented as they are deemed to be present by representation."
EXPLANATION / SCOPE
Representative action judgments bind all class members. The principle applies to class actions. The members are deemed present through representation. The rule promotes efficiency and finality. The court must ensure adequate representation. The principle is well-established.