SCA 3038/2016

This case involved the return of unpaid for goods. A key issue was that this case was res judicata.

Background

A claimant filed a case against a defendant before the court. He requested the court to order the defendant to return a crusher he made for the defendant. He said that the defendant had failed to pay the value of the crusher.

Decision

The court considered the documents of the case and found that a previous case with the same parties and subject of which had already been considered by the court.

The court refused to consider the case because it was previously settled. The court established its ruling on the grounds of Article 76(1) of the Law of Advocacy.

The claimant appealed the ruling before the court of appeal.

The court dismissed the appeal and upheld the appealed ruling.