These two legal doctrines fall under civil procedure but, they do not have the same roles nor do they occur in similar contexts.

RES JUDICATA SECTION 11 of CPC.

Meaning: What can be translated to English as “A matter already judged”.

Purpose: This ensures that new trials are not occasioned that had already been determined by a competent court.

Application: Used where there is a previous decision of the superior court on the same issueThe same parties or their representativesA competent court of law.

Effect: Stops future legal actions on an issue between two parties until the initial proceeding has been resolved.

*RES SUBJUDICE SECTION 10 OF CPC*

Meaning: It means a case under the consideration of the court of law or a matter that is before the court.

Purpose: It serves as protection against the initiation of similar actions in different courts concerning the same matter

Application: Used when a case is under consideration in another chamberWhich is still pending in a competent court having jurisdiction

Effect: Demands a stay of the proceedings in the subsequent suit until the first suit has been resolved.

Timing: While Res Judicata takes place after the last judgment, Res Subjudice occurs during the conduct of a case.

Outcome: Res Judicata prevents subsequent actions all together while Res Subjudice only freezes them for the time being.

Finality: Res Judicata entails a finality while Res Subjudice on the other hand pertains to cases still in progress. Both are meant to avoid the risk of different outcomes, save time and resources, and yet they work at different steps in the legal system.