CIVIL PROCEDURE — Res Judicata — Dismissal Order Operates as Estoppel per Rem Judicatam
Ratio Decidendi
Per Adekeye, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at p. 18; Paras B—C:
"In the case of Ajiofor v. Onyekwe & ors (1972) 1 ALL NLR (pt.2) pg 527. It was held that 'an order of dismissal operates as an estoppel per rem judicatam and Ipso facto bars the losing party for all times re-litigating the same subject matter.'"
Explanation / Scope
This principle establishes that an order of dismissal operates as estoppel per rem judicatam and bars the losing party from re-litigating the same subject matter. The principle applies where an action has been dismissed. It ensures that dismissals are final. The principle reflects the doctrine of res judicata. It prevents re-litigation of dismissed claims. The court must bar the losing party. The principle provides guidance on the effect of dismissal orders.