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See Also:
- 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…
- 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 - 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…