|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Reports of the Trust Territory of the Pacific Islands |
HASUMI OSAWA,
Plaintiff
v.
ERNIST LUDWIG,
Defendant
Civil Action No. 399
Trial Division of the High
Court
Truk District
See, also, 3 TTR 594
Hearing on motion to dismiss. The Trial Division of the High Court, Robert Clifton, Temporary Judge, held that where plaintiff's claims had previously been tried and an appeal taken they could not be considered again by court in another action between the same parties.
Action dismissed.
1. Judgments - Res Judicata
Res Judicata is defined literally as "the matter has been adjudged".
2. Judgments - Res Judicata
It is a fundamental principle of jurisprudence that material facts of questions which were in issue in a former action, and were there admitted or judicially determined, are conclusively settled by a judgment rendered therein and that such facts or questions res judicata and may not again be litigated in a subsequent action between the same parties or their privies.
3 Judgments - Res Judicata
The fact that a party failed or neglected to establish certain facts at a former trial does not give his successor a right to do so by filing a new action covering the same subject matter.
4. Judgments - Res Judicata
Where the matter set forth in the complaint and in plaintiff's claim in a new action have been tried and decided in a prior action it cannot be tried again in a new proceeding.
|
Counsel for Plaintiff:
|
KINTOKI JOESPH
|
|
Counsel for Defendant:
|
MITARO S. DANIS
|
CLIFTON, Temporary Judge
A pre-trial conference was held at Moen, Truk District on February 17, 1968, it appearing that the claims of the plaintiff in this action as set forth in his complaint and as stated by his counsel at the pre-trial conference have been tried and decided in another action in the Trial Di-vision of the High Court, to wit: Civil Action No. 127, Truk District, 2 TTR 428, and that the judgment in said action has been affirmed by the Appellate Division of the High Court in Civil Appeal No. 22, 3 TTR 594, on motion of said counsel for the defendant,
It is ordered that the above action be and the same hereby is dismissed.
OPINION
[1, 2] The motion of the defendant presented a plea in bar of the plaintiffs cause of action, that is, the defense of res judicata. Res judicata is defined literally as "the matter has been adjudged." A general explanation of res judicata is contained in the following quotation from 30-A Am. Jur. 2d, 411, 412 (§ 371, Judgments):-
PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/other/TTLawRp/1968/13.html
