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Litigate once and for all – When can that be relaxed?

Litigate once and for all – When can that be relaxed?

by Nicolene Schoeman-Louw

In order to unpack the technical principle of res judicata and when or if it can be relaxed, a definition is needed: “The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical “bite at the cherry”. The “bite” can entail appealing through the hierarchy of courts, but once the parties have exhausted their...

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