Principle

CIVIL PROCEDURE – Res Judicata – Interpretation of Native Court Proceedings – Substance Over Form

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Native and customary courts often lack technical pleading precision found in higher courts. When determining res judicata based on native court proceedings, courts may examine the entire record—pleadings, evidence, and judgment—to ascertain the true nature of the dispute and subject matter. This substance-over-form approach recognizes…

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