Ratio Decidendi

Per Adekeye, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at pp. 15—16; Paras E—A:

"The rule being that once one or more issues have been raised in a cause of action and distinctly determined or resolved between the same parties in a court of competent jurisdiction, then as a general rule, neither party nor his agent or privy is allowed to relitigate that or those decided issues all over again in another action between the same parties or their privies on the same issues."
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Explanation / Scope

This principle establishes that once issues have been distinctly determined between the same parties by a competent court, neither party nor their agents or privies may relitigate those issues in another action between the same parties or their privies. The principle applies where issue estoppel is pleaded. It ensures that decided issues are final. The principle reflects the doctrine of issue estoppel. It prevents re-litigation of determined issues. The court must bar re-litigation. The principle provides guidance on issue estoppel.

Cases Applying This Principle

Ahmadu Makun & Ors v. Federal University of Technology, Minna & Ors