LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata – Conditions for Sustaining Plea of Estoppel Per Rem Judicatam
PRINCIPLE STATEMENT
To sustain a plea of res judicata, the party pleading it must satisfy: (1) the parties or their privies are the same in both cases; (2) the issue and subject matter are the same; (3) the previous adjudication was by a court of competent jurisdiction; (4) the previous decision finally decided the issues between the parties.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Agbasi v. Obi (1998) NLC-1821994(SC) at p. 9; Paras A–D.
"To sustain a plea of res judicata the party pleading it… must satisfy the following conditions, to wit:- 1. That the parties or their privies as the case may be, are the same in the present case as in previous case; 2. that the issue and subject matter are the same in the previous suit as in the present suit; 3. that the adjudication in the previous case must have been given by a court of competent jurisdiction; and 4. that the previous decision must have finally decided the issues between the parties."
EXPLANATION / SCOPE
Res judicata requires four conditions: same parties (or privies), same issue and subject matter, competent court, and final decision. All conditions must be satisfied. The burden is on the party asserting res judicata. The principle prevents relitigation of settled disputes. The court will examine the previous proceedings. The rule applies to both civil and criminal cases. The previous decision must be on the merits. The principle promotes finality and judicial economy. The court will not allow a party to re-litigate a matter already decided.