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A special plea of non-joinder may be raised where a party who should have been joined in an action, has not been joined to the action. Special plea of res judicata. This special plea is raised where the dispute between the parties has already been adjudicated (decided) on.

The relief sought in the special plea is that the Court should extend or relax the ‘same persons’ requirement of res judicata on the grounds of fairness, equity, public policy considerations, avoidance of multiplicity of litigation and conflicting judgments on the same issue.

The special plea of res judicata means that the same matter has been decided in another court of competent jurisdiction and may not be pursued further by parties. The matter would have been judged on the merits and as such it may not be relitigated. This plea is a declinatory plea meaning that it is meant to quash or put an end to the proceedings.

In their special plea, the first second and third defendants averred that the plaintiffs’ action was res judicata. The same action was heard, determined or otherwise disposed of to finality under case numbers HC 2744/20 and HC 1018/20. The seventh defendant also raised the same special plea of res judicata.

MBATHA J [1] Defendant raised a Special Plea of res judicata in his defence and subsequently obtained an order that the Special Plea be adjudicated upon separately in terms of Rule 33 (4) of the Rules of this Court.

Whilst res judicata is a plea in bar, lis alibi pendens is a plea in abatement. The difference in the two special pleas is that with res judicata, the matter would have been decided and there would be a final and definitive judgment, whereas with lis alibi pendens, the matter would still be pending, awaiting determination.

(c) That subsequent to the magistrate’s judgment, the parties agreed the quantum of the plaintiff’s damages in respect of damage to his jet ski, which amount was finally paid during January 2012. DISCUSSION: [8] As pleaded, the formulation of the special plea suggests that it is the exceptio rei judicata (res judicata).

This special plea of res judicata may be raised where a dispute between the parties has already been adjudicated or dealt with by a competent court and a final decision is made.

The defence raised in the first special plea is one of res judicata. In this special plea, appellant pleads that the respondent had, in the High Court, applied for appellant’s winding up on the same basis as the action i.e., a debt of R1 108 979.00 arising from the loan agreement, and that the High Court dismissed that application.

Special plea A special plea does not raise a defence on the merits of the case but sets up some special defence which has the objective either to – – delay the proceedings (dilatory plea); or – object to the jurisdiction of the court (declinatory plea); or – quash the action altogether […]

It covers special pleas such as recusal of the court, locus standi, non-joinder and miscitatio­n, lis alibi pendens, arbitratio­n as a condition precedent, prescripti­on, non-joinder, misjoinder, res judicata and absence of jurisdicti­on.

TAWANDA MUNGATE and KENNETH MUSHAIKWA versus ZIMBABWE REVENUE AUTHORITY HIGH COURT OF ZIMBABWE MAFUSIRE J HARARE, 9 March 2022 Date of written judgment: 10 August 2022 Special plea N. Chidembo, for the defendant L. Dzoro, for the plaintiff MAFUSIRE J [1] This is a determination on a special plea. The special plea is in respect of a summons issued by the plaintiffs on 12 November 2021 under HC ...

A common application is the doctrine of res judicata, which bars re-litigation of claims already adjudicated. If a court has issued a final judgment on the same parties and issues, a defendant can file a plea in bar based on res judicata to dismiss the new lawsuit, ensuring judicial efficiency.

This plea should be drafted and filed at the earliest opportunity, usually before entering a plea on the merits of the case. When drafting a special plea, consider the following steps: Identify the Grounds: Clearly identify the legal basis for the special plea, such as lack of jurisdiction, prescription, non-joinder, or res judicata.

A special plea in bar refers to a plea aimed at barring or preventing future actions. On the other hand, a general plea in bar is a plea aimed at denying key allegations in the plaintiff’s current action against the defendant.

Completing the Forms If you have trouble completing the forms located on this website, you may wish to consult with an attorney. Even if you are representing yourself, you may want to have an attorney review your filing. Attorneys are authorized to engage in what’s called "limited scope representation." This is a popular alternative for people who choose to represent themselves in court but ...

Here you will find forms for every case type. Forms for filing a case, answering a summons, entering a plea, even asking for a continuance or for an appeal.

The Supreme Court decisions cited above fully settle the requisites for a special plea of res judicata. This court is bound to follow the principles of law upon which those decisions were based by the rule of stare decisis.

Access court case information for Arizona courts online.

However, many choose to enter a plea agreement or deferred prosecution program to avoid the uncertainties of trial and to avoid the risk of being sentenced to harsh or maximum penalties. Prosecutors are encouraged to pursue plea agreements and to offer diversion programs to reduce court caseloads, and to preserve resources needed to conduct a ...