Principle

APPELLATE PRACTICE — New Issue on Appeal — Res Judicata Raised for First Time — Effect

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Res judicata is a special defence, not a jurisdictional issue. It cannot be raised for the first time on appeal without leave. The appellate court will not entertain matters not litigated below. The appellant must have raised the issue in the lower court or obtained…

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