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Democratic Alliance v Brummer (793/2021) [2022] ZASCA 151

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Democratic Alliance v Brummer (793/2021) [2022] ZASCA 151

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4th November 2022

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Plea of res judicata by reason of issue estoppel in action for damages arising from alleged unlawful termination of membership – prior judgment of court dismissing application for order reinstating membership – whether same issue (eadem quaestio) decided in prior judgment requiring close examination of the basis upon which application dismissed – such relief not sought and court finding that the issue not fully ventilated – dismissal of application not amounting to determination of the issue at stake in later damages action – no scope for issue estoppel to apply.

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