Principle

CIVIL PROCEDURE β€” Abuse of Court Process β€” Res Judicata β€” Dismissal Not on Merits

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Res judicata requires a decision on the merits. A dismissal for want of prosecution, lack of jurisdiction, or procedural defect is not on the merits. The principle ensures that parties are not barred without a full hearing. The court will examine the basis of the…

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