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See Also:
- 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 - Conditions for a successful plea of estoppel per rem judicatam
"I agree that the pending suit did not constitute res Judicata because the issues and matters realised therein had not be tried and adjudicated. Previous adjudication by a competent Court…
- EVIDENCE - Estoppel Per Rem Judicatam or Res Judicata - Doctrine of res judicata
"... where an issue could have been raised for decision in a case and that issue through negligence or calculation was not canvassed then it is not open to the…
- EVIDENCE - Estoppel Per Rem Judicatam/Res Judicata - The categories of estoppel per rem judicatam
"...in Samuel Fadiora & Anor. v. Festus Gbadebo & Anor. (1978) 3 S.C. 219. In that case the learned Justice of the Supreme Court while discussing the differences between the…