[1] The Notice of Application filed by the defendant sought to strike out the plaintiff's Writ of Summons and Statement of Claim dated 9 December 2014 pursuant to O 18 r 19(1)(b), (c) and (d) of the Rules of 2012. The application was premised principally on the defendant's contention that the same issues and claims had already been adjudicated by the High Court vide the Originating Summons No: 24-2896-2008 which led consequently to the said Originating Summons being struck out of which there was no appeal filed by the plaintiff (the first suit). The plaintiff's present action, therefore, is barred by res judicata. The High Court dismissed the Notice of Application on 21 May 2015. We heard the appeal against the decision of the learned judge in dismissing the defendant's application. On 5 May 2016, at the conclusion of the arguments by b