CIVIL PROCEDURE — Res Judicata — Preconditions for Plea to Succeed — Five Requirements
Ratio Decidendi
Per Adekeye, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at pp. 16—17; Paras C—B:
"For a plea of estoppel per rem judicatam to succeed, the party relying on it must establish the following requirements or pre-conditions namely — (a) That the parties or their privies are the same in both the previous and the present proceedings; (b) That the claim or issues in dispute in both actions are the same; (c) That the res or the subject matter of the litigation in the two cases is the same; (d) That the decision relied upon to support the plea of estoppel per rem judicatam is valid, subsisting and final; (e) That the court that gave the previous decision relied upon to sustain the plea is a court of competent jurisdiction. Unless all the above constituent elements or requirements of the doctrine are fully established the plea of estoppel per rem judicatam cannot be sustained."
Explanation / Scope
This principle establishes the five preconditions for a successful plea of estoppel per rem judicatam: same parties or privies, same claim or issues, same subject matter, valid and final decision, and competent court. All must be established. The principle applies where res judicata is pleaded. It ensures that the plea is properly founded. The principle reflects the requirements for estoppel. It prevents reliance on estoppel without meeting the requirements. The court must require all elements. The principle provides guidance on the preconditions for res judicata.