EVIDENCE LAW — Estoppel — Issue Estoppel — Conditions for Operation
Ratio Decidendi
Per Mukhtar, JSC, in Omnia Nigeria Limited v. Dyktrade Limited (2007) NLC-123-176-2003(SC) at pp. 20–21; Paras D–A:
"The cardinal principle of the law is that for issue estoppel per rem judicatem to operate and succeed the party relying on it must establish the following pre conditions: (1) That the parties or their privies in both earlier and instant case are the same. (2) That the judgment relied upon is valid, subsisting and final. (3) That the claim or issue in dispute in the proceedings are the same. (4) That the subject matter of the litigation in both cases is the same. (5) That the court that decided the previous suit is a court of competent jurisdiction."
Explanation / Scope
This principle establishes the five cumulative conditions for issue estoppel to operate. The parties must be the same or their privies. The judgment must be valid, subsisting, and final. The claim or issue must be identical. The subject matter must be the same. The court must have had competent jurisdiction. All conditions must be satisfied; failure of any one defeats the plea. The principle prevents relitigation of issues already determined between the same parties. It promotes finality and prevents abuse of process. The burden is on the party raising estoppel to prove all conditions. The principle applies in civil proceedings.