Principle

CIVIL PROCEDURE β€” Res Judicata β€” Dismissal for Want of Prosecution Not a Final Decision on the Merits

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Res judicata requires a final decision on the merits after full adjudication. Dismissal for want of prosecution or striking out for non-prosecution is not a decision on the merits. The principle applies to civil procedure. The rule prevents procedural dismissals from barring subsequent actions. Only…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.