LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata – Issue Estoppel – Identity of Parties
PRINCIPLE STATEMENT
The principle that for a defence of issue estoppel to succeed there must be identity of parties does not mean that all the parties in the previous suit must be made parties in the latter suit. It is sufficient where there are several parties in the previous suit, that those of the parties who were necessary parties to the issue in the previous suit are the same as in the latter suit.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Ikeni & Anor v. Efamo & Ors (2001) NLC-991997(SC) at p. 16; Paras C–D.
"The principle that for a defence of issue estoppel to succeed there must be identity of parties does not mean that all the parties in the previous suit must be made parties in the latter suit. It is sufficient where there are several parties in the previous suit, that those of the parties who were necessary parties to the issue in the previous suit are the same as in the latter suit."
EXPLANATION / SCOPE
Identity of parties for issue estoppel does not require that all parties from the previous suit be present in the latter suit. It is sufficient that the necessary parties to the specific issue are the same. Additional parties in the previous suit who were not necessary to that issue do not destroy identity. The principle focuses on parties who were directly affected by the issue determination. The estoppel binds only those who were parties to the issue, not every party to the previous action. The court examines which parties had a real interest in the issue. The principle prevents technical avoidance of estoppel by adding or subtracting non-essential parties. The test is substantial identity on the precise point.
