LEGAL PRINCIPLE: CIVIL PROCEDURE — Res Judicata — Ingredients of Plea
PRINCIPLE STATEMENT
For res judicata to apply, the res (subject matter), the issue, and the parties must be the same in the new case as in the earlier proceedings. Styling, restyling, or mistyling of parties will not prevent the court from determining whether the parties are the same or privies.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, and Iguh, JSC, in Faleye v. Otapo (1995) NLC-31993(SC) at pp. 30, 35; Paras. D–A, A–C.
"In civil cases, before the principle of res judicata is applied, the res (the subject matter) in contention must be the same; the issue, and the parties the same, in the new case as in the earlier proceedings. Where any of the three matters is missing in the new case, a plea of res judicata will ordinarily fail. It is equally well established that the styling, restyling or mistyling of parties in actions will not prevent a court from examining the proceedings in issue and determining whether the parties in the present suit are the same as or privies to the parties in an earlier suit and thus caught by the doctrine."
EXPLANATION / SCOPE
Res judicata requires identity of res, issue, and parties. Missing any element defeats the plea. The court examines substance, not form. Styling of parties does not affect identity. The principle applies to all civil proceedings. The court will look beyond names to determine real parties. The rule promotes finality. The party asserting res judicata must prove all three identities.