LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata – Issue Estoppel – Requirement of Identity of Subject-Matter
PRINCIPLE STATEMENT
Before the doctrine of estoppel per rem judicatam can operate, it must be shown that the parties, issues, and subject-matter were the same in the previous case as in the action in which the plea is raised.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Adone & Anor v. Ikebudu & Ors (2001) NLC-1401996(SC) at p. 22; Paras C–D.
"It is well known that before this doctrine (of estoppel per rem judicatam) can operate it must be shown that the parties, issues and subject-matter were the same in the previous case as those in the action in which the plea of res judicata is raised."
EXPLANATION / SCOPE
Res judicata requires three identities: parties, issues, and subject-matter. The parties in both actions must be the same or their privies. The issue in the current suit must have been actually and necessarily decided in the earlier proceedings. The subject-matter (the property or right in dispute) must be identical. If any of these elements is missing, the plea fails. The principle ensures that only truly identical disputes are barred from relitigation. The burden is on the party asserting res judicata to prove all three identities. The court will not infer identity where doubt exists. This protects the right to litigate genuinely new disputes while preventing abuse.
