LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata – Identity of Subject Matter Must Be the Same or Part of the Same Land
PRINCIPLE STATEMENT
For res judicata to succeed, the land in dispute must either be the same as the land in the previous case or a part of it. If the lands are different, res judicata does not apply.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ikoku v. Ekeukwu (1995) NLC-2111989(SC) at p. 11; Paras A–C.
"For the plea of res judicata to succeed the land now in dispute must either be the same as the land in dispute in the 1963 case or a part of it. That is clearly not the case here as shown more vividly in the plan of the plaintiffs Exhibit ‘B’ and the plan of the defendants Exhibit ‘E’..."
EXPLANATION / SCOPE
Res judicata requires identity of subject matter. The land in the subsequent action must be identical to or part of the land in the previous action. Different lands cannot support res judicata. The principle applies to land disputes. The party asserting res judicata must prove the identity of the land. Survey plans are used to establish identity. The court will examine the evidence. The rule prevents the misuse of res judicata. The party cannot claim res judicata for land not previously litigated. The principle promotes finality but requires strict proof of identity.