LEGAL PRINCIPLE: CIVIL PROCEDURE — Res Judicata — Effect on Jurisdiction — Ouster of Court’s Jurisdiction
PRINCIPLE STATEMENT
Res judicata operates not only against the party whom it affects, but also against the jurisdiction of the court itself. The party affected is estopped from bringing a fresh claim, and the court's jurisdiction to hear such claim is ousted.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, citing Yoye v. Olubode (1974) 10 SC 209, in Adigun v. Governor of Osun State (1995) NLC-1681992(SC) at pp. 21–22; Paras. E–A.
"Res judicata operates not only against the party whom it affects, but also against the jurisdiction of the court itself. The party affected is estopped from bringing a fresh claim before the court. At the same time, the jurisdiction of the court to hear such claim is ousted."
EXPLANATION / SCOPE
Res judicata ousts the court’s jurisdiction to entertain a barred claim. The court cannot hear a matter that has been finally decided between the same parties. The principle is fundamental. The court may raise res judicata suo motu. The rule applies to all courts. The party affected is estopped. The court will strike out the action. The principle promotes finality and prevents abuse of process. The court lacks jurisdiction to relitigate decided issues.