Principle

CIVIL PROCEDURE – Res Judicata – Proof of Identity of Subject Matter in Subsequent Proceedings

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Res judicata requires proof of identity of subject matter. The burden is on the party asserting the plea. The absence of a survey plan does not defeat the plea, but clear evidence is required. The principle applies to all res judicata pleas. The court will…

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