res judicata
Res judicata literally means that the matter has already been decided and the meaning of a special plea of res judicata is that the matter or question raised by the other side has been finally adjudicated upon in proceedings between the parties and that it therefore cannot be raised again.1 There are requirements that should be satisfied for a special plea of res judicata to be granted which are; the dispute is between the same parties, for the same relief and on the same cause of action.2 These requirements are sometimes relaxed in circumstances warranting the relaxation of the requirements (issue estoppel). It is argued that a special plea to apply res judicata in the form of issue estoppel leads to unfairness such that it should be abolished from South African law, more is to be elucidated below.
Requirements of Res judicata
In Huisman and Another v Lakie and Others, the court sets out the requirements for the granting of a special plea of res judicata which are that the dispute must involve the same parties, concern the same relief and the same cause of action.3 This defense originates from Roman Dutch law and is based and founded on public policy which requires that litigation should come to an end when the same matter has already been adjudicated upon in another forum.4These requirements are not cast in stone such that they may be relaxed in the case of a special plea for a court to apply res judicata in the form of issue estoppel. In Huisman’s case, the court averred that those common law requirements are sometimes relaxed to an extent and this development had its genesis in the case of Boshoff v Union Government, in which the ‘same cause of action’ requirement was relaxed to allow for the successful application of res judicata.5 The rule relating to these requirements has been extended in the case of issue estoppel which is a concept received from English law.6 In Smith v Porritt and others, the court asserted that where the circumstances justify the
Requirements of Res judicata
In Huisman and Another v Lakie and Others, the court sets out the requirements for the granting of a special plea of res judicata which are that the dispute must involve the same parties, concern the same relief and the same cause of action.3 This defense originates from Roman Dutch law and is based and founded on public policy which requires that litigation should come to an end when the same matter has already been adjudicated upon in another forum.4These requirements are not cast in stone such that they may be relaxed in the case of a special plea for a court to apply res judicata in the form of issue estoppel. In Huisman’s case, the court averred that those common law requirements are sometimes relaxed to an extent and this development had its genesis in the case of Boshoff v Union Government, in which the ‘same cause of action’ requirement was relaxed to allow for the successful application of res judicata.5 The rule relating to these requirements has been extended in the case of issue estoppel which is a concept received from English law.6 In Smith v Porritt and others, the court asserted that where the circumstances justify the
References: Salant S J Distinguishing res judicata and issue estoppel