CIVIL PROCEDURE — Res Judicata — Effect of Dismissal of Appeal
Ratio Decidendi
Per Ogbuagu, JSC, in Ntuks & Ors v. NPA (2007) NLC-123-190-2003(SC) at p. 7; Paras E–A:
"The effect in law, is that the said Judgment of the High Court by Sahid, J. was final and remained valid and subsisting. The said Judgment became binding on all the parties including the Respondent."
Explanation / Scope
Explanation/Scope:
The principle addresses the legal consequence of a dismissed appeal. The dismissal of an appeal affirms the decision of the lower court and renders that decision final and conclusive between the parties. The parties are bound by the judgment and cannot re-litigate the same issues in subsequent proceedings. The dismissal operates as a merger of the lower court’s judgment into the appellate court’s judgment, giving it the finality required for the plea of res judicata. The principle prevents parties from circumventing an adverse judgment by filing fresh actions on the same subject matter. It ensures that litigation comes to an end and that judicial decisions are respected. The principle is fundamental to the doctrine of finality.