Principle

CIVIL PROCEDURE – Res Judicata – Issue Estoppel – When Question of Title is an Essential Element in Both Proceedings

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Where title to land is an essential element in both proceedings—even if the causes of action differ—issue estoppel applies. A party cannot re-litigate title after an adverse determination in a prior proceeding. The principle prevents parties from "going back to the drawing board" to fashion…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.