"It is well known that before this doctrine (of estoppel per rem judicatam) can operate, it must be shown that the parties, issues and subject matter were the same in...
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"The plea of res judicata therefore, robs the court of its jurisdiction; and that explains why, in practice, the plea has always been used only as a defence. It is...
The conclusion to which I have therefore arrived is that the second issue (claim) is an entirely new issue (claim) which has not been previously canvassed. It cannot therefore be...