Misc
The application is constructively res judicata due to non-joinder of Kuringe Real Estate Company, the necessary party, and because the subject matter and parties are substantially the same as in the previous suit which was dismissed for want of prosecution. Dismissal for want of prosecution bars subsequent proceedings on the same cause of action and subject matter. The preliminary objections are upheld and the application is dismissed with costs.
Source excerpt
- Res judicata
- Non-joinder of necessary party
- Abuse of court process
- Agency law
- Injunctions