Special Investigation Unit and Another v Msagala and Others (GP05/2020)
Special Investigation Unit and Another v Msagala and Others (GP05/2020) [2021] ZAST 7 (30 April 2021)
The Special Tribunal found that the requirements for res judicata and lis pendens were not met. The parties are the same, but the cause of action and relief sought in the forfeiture application and the present action differ. The forfeiture order was limited to the listed assets as proceeds of unlawful activities, while the action seeks to hold the defendants personally liable for the deficit and other amounts. Relaxing the cause of action requirement to allow issue estoppel would not serve equity and fairness, especially given the defendants' vacillatory litigation conduct. The pending appeal…
Source excerpt
- Res Judicata
- Lis Pendens
- Once And For All Rule
- Forfeiture Of Assets
- Breach Of Employment Duties