Nandawathie and Others v. Tikiri Banda Mudalali – sllr 2003 volume 2 page 347

In the case between Nandawathie and Others (plaintiffs-appellants, substituted for the original permit holder) and Tikiri Banda Mudalali (defendant-respondent), the court addressed the application of res judicata following the dismissal of an earlier action and the appropriateness of trying selected issues as preliminary matters. It was held that the District Court erred by treating certain issues as preliminary and dismissing the action on res judicata grounds without resolving essential factual questions, particularly relating to the permit holder’s status and succession. The principle reaffirmed is that a dismissal for absence does not necessarily operate as res judicata unless its prerequisites are strictly established. Reliance was placed on established principles governing res judica