Res judicata

Sierra Leone — African Law Reports · 1972-73

Principle established: Under the doctrine of res judicata, parties are estopped from litigating not only points decided previously but every point properly belonging to the subject of litigation which could have been brought forward.

Sierra Leone — Supreme Court · 1966

Principle established: Recovery of possession of land may be granted under a claim for further and better relief in a title action, and a prior trespass judgment where ownership was not in controversy does not estop.

Sierra Leone — African Law Reports · 1964-66

Principle established: A judgment in a trespass action where ownership was not in controversy cannot sustain a plea of res judicata against a subsequent action for declaration of title to the land.

Sierra Leone — Court of Appeal · 2014

Principle established: An action may be struck out as an abuse of process if it seeks to re-litigate issues that have already been adjudicated upon by a court of competent jurisdiction.

Sierra Leone — Court of Appeal · 2011

Principle established: The plea of res judicata is not merely a technical plea but an established rule that a final judicial decision on the merits is conclusive between the parties.

Sierra Leone — African Law Reports · 1972-73

Principle established: Res judicata estops parties from relitigating issues fundamental to a prior decision and matters that could reasonably have formed part of that case, but does not apply to matters raised but not adjudicated upon.

Sierra Leone — Court of Appeal · 2017

Principle established: When a court bench changes before a reserved judgment is delivered, the matter may need to be reheard or the judgment read by another judge as assigned.

Malawi · 2024

Principle established: An action seeking to set aside a consent judgment may be dismissed if it fails to disclose a reasonable cause of action or is deemed frivolous, vexatious, or an abuse of process.

Malawi · 2024

Principle established: An action seeking to set aside a consent judgment may be dismissed if it fails to disclose a reasonable cause of action or is deemed frivolous, vexatious, or an abuse of process.

Sierra Leone — Supreme Court · 2015

Principle established: Procedural choices, such as continuing under a miscellaneous application rather than commencing separate proceedings for the registration of a foreign judgment, may affect the validity of the action.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court reviews whether the Court of Appeal correctly handled procedural matters related to the registration and setting aside of foreign judgments.