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See Also:
- ESTOPPEL: Plea of Estoppel — Conditions for a Successful Plea of Estoppel Per Rem Judicatam
"For purpose of clarity, for the defence of Res Judicata to be successfully raised, the following conditions must co-exist or be met, namely; (a) That the parties in the previous…
- EVIDENCE - Estoppel Per Rem Judicatam or Res Judicata - Conditions for a successful plea of estoppel per rem judicatam
"It is trite law that a former judgment cannot operate as a bar to any subsequent proceedings between the same parties unless those proceedings are founded upon the same cause…
- EVIDENCE - Estoppel Per Rem Judicatam or Res Judicata - Conditions for a successful plea of estoppel per rem judicatam
"One of the essentials for the operation of res judicata is that the issue sought to be re-litigated had been the same as had been judicially decided and it is…
- EVIDENCE - Estoppel Per Rem Judicatam or Res Judicata - The ascertainment and determination of a plea of res judicata
''The plea of estoppel per rem judicatam is dealt with extensively in Spencer-Bower and Turner's RES JUDICATA (2nd Edition) paragraphs 210 to 215 at pages 179 to 186. The learned…
- EVIDENCE - ESTOPPEL PER REM JUDICATAM/RES JUDICATA - Meaning of parties in relation to estoppel per rem judicatam
"For the purpose of the application of the doctrine of estoppel per rem judicata, this Court consistently held that parties are defined not only in terms of those on record…