Thwala and Another v Dube and Others (1638/2021) [2021] SZHC 2027 (5 June 2021)


Civil Jaw - Civil Procedure - Points in limine - Application proceedings in casu launched before this Court yet there is already a judgment issued by this Court earlier between the same parties, same cause of action and same subject matter being the ownership of the home in question. This issue was settled in the judgment of this Court which was never appealed against, never rescinded and never set aside - Therefore this Court is functus officio since the matter is res judicata and this application is dismissed.

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