CIVIL PROCEDURE — Res Judicata — Finality of Decision Where Court Declines Jurisdiction — No Appeal
Ratio Decidendi
Per Adekeye, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at p. 18; Paras D—E:
"Though the decisions in suit Nos NSHC/47/89 and NSHC/160M/92 are summary judgments being that the courts declined jurisdiction, and no appeals were lodged against them, they are equally final judgment for the purpose of res judicata."
Explanation / Scope
This principle establishes that a decision declining jurisdiction, even if a summary judgment, is a final judgment for the purposes of res judicata if no appeal is lodged. The principle applies where jurisdiction is declined and no appeal is filed. It ensures that such decisions are treated as final. The principle reflects the finality of judgments. It prevents re-litigation of decided issues. The court must treat the decision as final. The principle provides guidance on the finality of decisions declining jurisdiction.