LEGAL PRINCIPLE: EVIDENCE LAW – Estoppel – Res Judicata – Burden of Proof on Party Pleading Estoppel
PRINCIPLE STATEMENT
The defendants having thus raised the issue of standing by the plea of estoppel res judicata it is for the defendants to show that the parties in those cases are the same. The subject-matter is the same in the two cases and the decision between the parties is in respect of the same cause of action.
RATIO DECIDENDI (SOURCE)
Per Ichoku, J (as adopted by Onu, JSC), in Biariko v. Edeh-Ogwuile & Ors (2001) NLC-741996(SC) at pp. 8–9; Paras D–A.
"The defendants having thus raised the issue of standing by the plea of estoppel res judicata it is for the defendants to show that the parties in those cases are the same. The subject-matter is the same in the two cases and the decision between the parties is in respect of the same cause of action."
EXPLANATION / SCOPE
The party pleading res judicata bears the burden of proving identity of parties, subject-matter, and cause of action. The burden is on the defendant asserting estoppel, not the plaintiff. The defendant must adduce evidence showing that the previous and current proceedings involve the same parties, the same land, and the same issue. The burden is not discharged by mere assertion. The court examines the records of previous proceedings. If the defendant fails to prove any of the required identities, the plea fails. The principle ensures that res judicata is not lightly invoked. The burden is on the party seeking to bar the action.
