CIVIL PROCEDURE — Res Judicata — Conditions for Application — Parties or Privies Must Be Same in Both Proceedings
Ratio Decidendi
Per Onnoghen, JSC, in Daniel Tayar Trans Ent. Nig. Co. Ltd v. Busari & Anor (2011) NLC-123-179-2003(SC) at pp. 14—15; Paras A—C:
"For a successful plea of res judicata, this Court has decided, by a long line of cases that the following conditions must be established by the party relying on it: (a) that the parties or their privies in both the earlier case and the case in which it is raised are the same; (b) that the judgment relied upon is valid, subsisting and final; (c) that the claim or issue in dispute in the proceedings are the same; (d) that the subject matter of the litigation in both cases is the same; and, (e) that the court that decided the previous suit is a court of competent jurisdiction."
Explanation / Scope
This principle establishes the five conditions for res judicata: same parties or privies, valid and final judgment, same claim or issue, same subject matter, and competent court. The principle applies where res judicata is pleaded. It ensures that the plea is properly founded. The principle reflects the requirements for res judicata. It prevents reliance without meeting the conditions. The court must require all elements. The principle provides guidance on res judicata.