RES JUDICATA WILL SUCCEED WHEN IT IS SHOWN THAT THE MATTER BROUGHT IS SAME AS THAT ALREADY DECIDED

MATTER ALREADY ADJUDICATED UPON IS RES JUDICATA

Para. 19: “The doctrine of res judicata simply states that once a matter/cause has been finally determined, it is not open to either party to re-open or re-litigate that same matter. A matter is said to be res judicata if it has already been adjudicated upon by a competent Court. This prevents it from being pursued further by the same parties. Res judicata precludes the continued litigation of same issues between the same parties. The matter cannot be raised again either in the same Court or in a different Court. In other words, for a plea of res judicata to be sustained, both the subject matter and parties must be the same.”

— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17

RES JUDICATA OPERATES WHERE APPLICATION IS SAME AS ONE ALREADY DECIDED SATISFACTORILY

Para. 13: “The Court is of the view that the argument concerning res judicata can only succeed when it is established that the Application brought before it is essentially the same as another one already satisfactorily decided upon before a competent domestic court.”

— Tasheku v FRN (2012) – ECW/CCJ/RUL/12/12

PRINCIPLE OF RES JUDICATA

In Aro v. Fabolude (1983) 2 SC 75 per Aniagolu, J.S.C. (as he then was) laid down the ingredients of the plea of res-judicata in these words – “In civil cases, before the principle is applied, the res (the subject matter) in contention must be the same; the issue and the parties the same in the new case as in the earlier proceedings. Where any of the three matters is missing in the new case a plea of res-judicata will ordinarily fail (See Odua v. Nwanze (1934) 2 WACA 98 at 100 – 102.)”