"For a plea of estoppel per rem judicatam to succeed, the party relying on it must following requirements or pre- conditions namely -

(a) That the parties or their privies are the same in both the previous and the present proceedings

(b) That the claim or issues in dispute in both actions are the same.

(c) That the res or the subject matter of the litigation in the two cases is the same.

(d) That the decision relied upon to support the plea of estoppel per rem judicatam is valid, subsisting and final.

(e) That the court that gave the previous decision relied upon to sustain the plea is a court of competent jurisdiction.

Unless all the above constituent elements or requirements of the doctrine are fully established the plea of estoppel per rem judicatam cannot be sustained. Adigun v. Governor of Osun State (1995)30 NWLR Pt. 385 Pg. 513, Oke v. Atoloye (1985) ALL NLR (pt.9) pg.578, Yoye v Olabode (1974) ALL NLR (pt.2) pg.118, Alase v. Olori-Ilu (1965) NMLR Pg.66, Fadiora v. Gbadebo (1978) 3 SC 219, Odjewedje v. Echanokpe (1987) 1 NWLR Pt.52 Pg. 633. Nwaneri v. Oruiwa (1959) SC NLR Pg.316, Dokubo v. Omoni (1999) 8 NWLR Pt. 616 Pg.647, Nkanu v. Onum (1977)5 SC 1 . Udo v. Obot (1989) 2 NWLR Pt. 95 Pg.59"

Per ADEKEYE, J.S.C in AHMADU MAKUN & ORS. v. FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA
CITATION: (2011) LPELR-SC.241/2002