I pause at this stage to deal with the issue concerning the argument raised by Mr Grobler that the Court cannot consider whether or not the N$150,000.00 was paid to the first applicant in reduction of the judgment debt because it was res judicata as a result of the judgment of the Magistrate.
The general principle is that a matter adjudged upon is res judicata and the decision as accepted as true (res judicata pro veritate accipitur). The consequence is that in any future legal proceedings, the judgment is binding on the parties to the original case and their successors in title provided:
it was a final judgment;
the new case concerns the same subject matter (emphasis supplied); and
is based on the same ground of action (emphasis supplied). 1
