Ratio Decidendi

Per Adekeye, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at p. 17; Paras B—C:

"The plea of res judicata applies except in special cases, not only to points upon which the court was actually required by the parties to form an opinion and pronounce a judgment but to every point which properly belonged to the subject-matter of litigation and which the parties exercising reasonable diligence might have brought forward."

Explanation / Scope

This principle establishes that res judicata applies not only to points actually determined but also to every point that properly belonged to the subject matter of litigation and which the parties, exercising reasonable diligence, might have brought forward. The principle applies where res judicata is pleaded. It ensures that all related points are barred. The principle reflects the broad scope of res judicata. It prevents parties from raising points that should have been raised earlier. The court must apply the broad scope. The principle provides guidance on the scope of res judicata.

Cases Applying This Principle