- Flynote
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Pleadings - proposed amendment of replication to rely on res judicata or issue estoppel - objection to on basis that previous litigation not between same parties; Respondent/defendant in previous action by present applicant's/plaintiff's funder, held by Supreme Court of Appeal to have unlawfully repudiated contract between present applicant/plaintiff, and respondent/defendant accepting that finding in subsequent appeal to Constitutional Court, although present applicant/plaintiff not party to previous litigation; Present applicant/plaintiff suing on basis of breach of unlawfully repudiated contract; Question raised whether exception to replication sustainable procedure;
Held: No procedural objection in principle to exception to replication;
Held: Concept of "same parties" not limited to identical parties or even privies - Supreme Court of
Appeal having left scope open for relaxation of requirement if in the interests of justice;
Held : Opposition to amendment rejected and amendment allowed.
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Cited documents 3
Judgment 2
Legislation 1
1. | Constitution of the Republic of South Africa, 1996 | 4591 citations |