MOHAMED GAHER VS ETHALION LTD COMM CASE NO
The suit is res judicata as all five conditions under section 9 of the Civil Procedure Code are met: the matter in issue, parties, title, competent court, and finality of the previous decision in Commercial Case No. 97 of 2020. The plaintiffs' claims are substantially the same as those previously litigated, and the inclusion of the 3rd plaintiff does not alter the application of res judicata. The suit is therefore dismissed.
Source excerpt
- Res judicata
- Share purchase agreement
- Breach of contract
- Limitation of actions