CIVIL PROCEDURE — Res Judicata — Court Permitted to Examine Pleadings, Proceedings and Judgment in Previous Action
Ratio Decidendi
Per Adekeye, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at pp. 16—17; Paras E—A:
"In determining whether the issues, the subject matter of the two actions and the parties are the same, the court is permitted to study the pleadings, the proceedings and the judgment in the previous action. The court may also examine other relevant facts to discover what was in issue in the previous case. It is entirely a question of fact whether the parties and their privies, the facts in the issue and the subject matter of the claim are the same in both the previous and the present suits."
Explanation / Scope
This principle establishes that in determining whether the issues, subject matter, and parties are the same for res judicata, the court may study the pleadings, proceedings, and judgment in the previous action, and examine other relevant facts. Whether the parties, facts, and subject matter are the same is a question of fact. The principle applies where res judicata is pleaded. It ensures that the court properly identifies the issues. The principle reflects the investigative role of the court. It prevents misapplication of res judicata. The court must examine the previous record. The principle provides guidance on determining res judicata.