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Parties and Joinder - Coggle Diagram
Parties and Joinder
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Res Judicata
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It precludes re-litigation of claims made in earlier proceedings between the same parties, in respect of the same subject matter. It is sometimes described as a cause of action estoppel
Litigation estoppel applies to those claims which could have been made in an earlier proceeding and which are subsequently sought to be litigated.
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Joinder of parties
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Mandatory or compulsory
Designed to eliminate the plea in abatement. Where there is two or more defendants jointly liable, the failure to join one of them as a defendant releases them as defendants and gave rise to substantive defence in the defendants
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Joinder of claims
Joinder by the plaintiff rr 60, 68
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Addition, substitution and removal of parties
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Failure to comply rr 371, 373-374