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PLEA OF RES JUDICATA – CONDITIONS UPON WHICH A PLEA OF RES JUDICATA CAN BE SUSTAINED BY A COURT

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“A successful plea of res judicata constitutes a bar to the jurisdiction of the court to entertain and determine a claim before it. To this extent therefore, before a plea of res judicata can be sustained by the court, it must be established that the parties (or privies) are the same; the res, that is the subject matter of litigation, is the same; and the issues deliberated in both the previous action and the subsequent suit are the same. In S.O. Utuks & Ors vs. Nigerian Ports Authority (2005) LPELR – 3440 (SC)the Supreme Court of Nigeria, per Tabai, JSC held as follows:

There are four conditions precedent to the successful plea of the doctrine of res judicata: (1) That the parties or their privies in the previous case and the present one are the same. (2) That the issues and subject matter in the two cases are the same. (3) That the adjudication in the previous case was given by a court of competent jurisdiction; and (4) That the previous suit finally decided the issues between the parties or their privies. All these conditions being present in the instant case, the doctrine of res judicata applies to defeat the suit.

See: also Ikotun vs. Oyekanmi & Anor (2008) LPELR – 1485 (SC).” By PER T. ABUBAKAR, J.C.A., in the case of

CHIEF OLUWASEGUN OGUNLANA & ORS V TALEMU FASANYA & ORS LER[2019]CA/L/110/2016 https://legalpediaonline.com/4009-2/

 


   
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