PRINCIPLE STATEMENT

Where an issue has earlier on been adjudicated upon by a court of competent jurisdiction and the same issue comes incidentally in question in any subsequent proceedings between the same parties (or their privies), issue estoppel arises; this is based on the principle that a party is not allowed to contend the contrary or opposite of any specific point which, having been once distinctly put in issue, has with certainty and solemnity been determined against him.

RATIO DECIDENDI (SOURCE)

Per Idigbe, JSC (as adopted) Ito & Ors v. Ekpe & Ors (2000) NLC-61993(SC) at pp. 12–13; Paras. A–B.
"Where an issue has earlier on been adjudicated upon by a court of competent jurisdiction and the same issue comes incidentally in question in any subsequent proceedings between the same parties (or their privies), issue estoppel arises. This is based on the principle of law that a party is not allowed to contend the contrary or opposite of any specific point which having been once distinctly put in issue, has with certainty and solemnity been determined against him."
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EXPLANATION / SCOPE

Issue estoppel bars relitigation of a specific issue of fact or law previously determined in prior proceedings between the same parties or privies. Requirements: (1) same parties; (2) final judicial decision; (3) the issue was distinctly put in issue; and (4) it was certainly and solemnly determined. Unlike res judicata (which bars the entire claim), issue estoppel applies even where the subsequent action involves a different cause of action. It promotes finality, prevents inconsistent decisions, and protects parties from re-arguing settled points.

CASES APPLYING THIS PRINCIPLE

None recorded.