LEGAL PRINCIPLE: EVIDENCE LAW – Estoppel per Rem Judicatam / Issue Estoppel – Parties Bound by Prior Final Decision
PRINCIPLE STATEMENT
Where parties to a proceeding are parties or privies to a previous proceeding before a court of competent jurisdiction litigating the same subject matter, they cannot raise issues that were conclusively determined against them.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Agbaka v. Amadi (1998) NLC-561994(SC) at pp. 16–17; Paras D–E.
"The parties to the present proceedings are parties or privies to the parties in suit No. P.107/67 before Holden, C.J. sitting in the Port Harcourt Judicial Division of the High Court of Rivers State, a court of competent jurisdiction. They litigated over the same subject matter… The appellants cannot in the present suit raise those issues which had been raised and conclusively determined against them."
EXPLANATION / SCOPE
Res judicata binds parties and privies. Issues conclusively determined cannot be relitigated. The principle applies to both cause of action estoppel and issue estoppel. The previous decision must be final and on the merits. The court must have been competent. The rule promotes finality and prevents abuse. The party asserting res judicata must prove the elements. The principle applies to all civil proceedings. The court will dismiss claims barred by res judicata. The rule saves judicial resources.