LEGAL PRINCIPLE: CIVIL PROCEDURE — Res Judicata — Conditions for Establishing Plea — Identity of Parties, Subject Matter, and Issues
PRINCIPLE STATEMENT
For the plea of res judicata to succeed, there must be established identity of parties (or privies), identity of the subject matter, and identity of claim and issue in both the previous and present actions. The burden is on the party asserting the defence.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ezeanya v. Okeke (1995) NLC-2651988(SC) at p. 16; Paras. A–C.
"For the plea of res judicata to succeed, there must at least be established that the identity of parties (or privies), the identity of the res, namely, the subject matter of the litigation and the identity of claim and the issue in both the present and the previous actions are the same. The burden is on the party who sets out the defence of res judicata to establish conclusively: (i) That the parties in the previous and present suits are the same; (ii) That the subject matter of litigation in the two cases is identical; and (iii) That the claim and the issue in the two cases are the same."
EXPLANATION / SCOPE
Res judicata requires three identities: parties, subject matter, and claim/issue. The burden is on the party asserting it. All three must be satisfied. The previous judgment must be final and on the merits. The principle prevents relitigation. The court will examine the previous proceedings. The rule promotes finality and judicial economy. The party asserting res judicata must prove each element conclusively.
