Principle

CIVIL PROCEDURE – Res Judicata – Conditions for Sustaining Plea of Estoppel Per Rem Judicatam

Area of law
PRACTICE AND PROCEDURE
Court
Supreme Courrt

Res judicata requires four conditions: same parties (or privies), same issue and subject matter, competent court, and final decision. All conditions must be satisfied. The burden is on the party asserting res judicata. The principle prevents relitigation of settled disputes. The court will examine the…

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