Res Judicata (54)
HELD:
"The preliminary objection of the Defendant is predicated on the plea of res judicata/issue estoppel and abuse of Court process.
HELD:
"My Lords, the premise of the Defendant's objection is flawed ab initio.
HELD:
"The plea of Res Judicata is legally founded on the basis that a previous judgment of a Court of competent jurisdiction had decided to finality the issues of law and facts raised by the Plaintiff in the present suit.
HELD:
"It is settled, I agree, that res Judicata only operates to bar subsequent proceedings between the same parties or their privies in respect of the very or related matter previously heard and determined by a Court of competent jurisdiction.
HELD:
"The question therefore is, whether the Appellant has proved the existence of the three conditions that can aid the operation of the doctrine of estoppel per res judicata in the case before the lower Court.
HELD:
"Estoppel per rem judicatam or res judicata arises where an issue of fact has been judicially determined in a final manner between the parties or their privies by a Court or Tribunal having jurisdiction in the matter and the same issue comes directly in question in subsequent proceedings between the parties and their privies.
HELD:
"...At the court below, the lower court has raised exhibit 6 to another height as constituting a plea of estoppel per rem judicatam.
HELD:
"Let me quickly make a pronouncement on the term "res judicata".