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See Also:
- JUDGMENT AND ORDER - ORDER OF DISMISSAL - Effect of an order of dismissal
"...The order of dismissal entered by the Court in suit No. HOY/7/1997 operates as an estoppel per rem judicatem and bars the Appellant from re-litigating the subject matter. See MAKUN…
- ESTOPPEL: Meaning and Nature of Issue Estoppel
“An issue estoppel is in the realm of legal principles or legal interpretation of terms of art and inference drawn therefrom and consequently a ground of law. See the classification of grounds…
- JUDGMENT AND ORDER - ORDER OF DISMISSAL - Effect of an order of dismissal:
"...The order of dismissal entered by the Court in suit No. HOY/7/1997 operates as an estoppel per rem judicatem and bars the Appellant from re-litigating the subject matter. See MAKUN…
- JUDGMENT AND ORDER - Order of Retrial or Trial De Novo - Instances where an order of retrial will not be made
"An order for re-trial inevitably implies that one of the parties, usually the plaintiff, is being given another opportunity to relitigate the same matter and certainly before deciding to make…
- APPEAL – OMNIBUS GROUND OF APPEAL – Whether an omnibus ground can be used to raise an issue of law
“The Respondent is right that an omnibus ground of appeal is not against a specific finding of fact or any document, and cannot be used to raise any issue of…