SC of Swaziland: Case not falling under exceptions to res judicata — appeal allowed

Supreme Court of Swaziland: A 3-Judge Bench of M.C.B. Maphalala, CJ., Dr. B.J. Odoki, and S.P. Dlamini, JA., allowed an appeal dealing with the issue of whether the petition was falling under the ambit of res judicata or not.

The appellant erred in paying the rent on a regular basis due to which the respondent had filed for a repayment, but later again the respondent had filed a case for the balance of outstanding arrear rental as ordered by court. The appellant submitted that the court had no jurisdiction to deal with the matter that was res judicata having been determined and finalized by the Court a quo. The Court referred to Firestone South Africa (Pty) Ltd. v. Genticuro A.G., 1977 (4) SA 298 AD, in which exceptions to res judicata were discussed, and found the said exceptions were not applicable in the present case. Accordingly appeal was allowed. [Siyakhokha Investment v. The Gables, CA Case No. 38 of 2017, dated 2-05-2018]

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