LEGAL PRINCIPLE: EVIDENCE LAW — Res Judicata — Issue Estoppel — Effect of Previous Determination
PRINCIPLE STATEMENT
A party is not allowed to make an assertion against another party if the same assertion was an essential element in a previous suit between the same parties or their predecessors in title and was determined by a court of competent jurisdiction.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Faleye v. Otapo (1995) NLC-31993(SC) at p. 31; Paras. A–C.
"A party to civil proceedings is not allowed to make an assertion against the other party, whether of facts or legal consequences of facts, the correctness of which is an essential element in his cause of action or defence, if the same assertion was an essential element in his previous cause of action or defence, in a previous suit between the same parties or their predecessors in title, and was determined by a court of competent jurisdiction, unless further material be found which was not available, and could not, by reasonable diligence, have been made available, in the previous proceedings."
EXPLANATION / SCOPE
Issue estoppel prevents relitigation of decided issues. The previous determination is conclusive. The principle applies to both facts and legal consequences. The exception is for new material not reasonably available before. The rule promotes finality and judicial economy. The party asserting estoppel must prove the identity of issues.