EVIDENCE LAW – Conditions for Res Judicata – Inapplicability of Res Judicata Where Cause of Action Did Not Exist at Time of Earlier Suit
Ratio Decidendi
Oloriegbe v. Omotesho (1993) NLC-1901988(SC):
"The conclusion to which I have therefore arrived is that the second issue (claim) is an entirely new issue (claim) which has not been previously canvassed. It cannot therefore be caught by respondent's plea of res judicata, which must therefore fail."
Explanation / Scope
“The conclusion to which I have therefore arrived is that the second issue (claim) is an entirely new issue (claim) which has not been previously canvassed. It cannot therefore be caught by respondent’s plea of res judicata, which must therefore fail.”