S.A 2020/21 B.E REMEDIAL LAW | Question #11
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SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN REMEDIAL LAW #RemedialLaw #PreviousBarQuestions Code: S.A 2020/21 B.E REMEDIAL LAW | Question #11 |
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BAR QUESTION |
A party, through counsel, filed a complaint to nullify the extrajudicial foreclosure of mortgage done by a creditor bank.
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SHOP HERE VOL. I VOL. II The bank had already filed its answer. However, the counsel for the plaintiff felt that the judge was partial to the defendant’s counsel. |
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Wanting to bolster the chances of winning for their client, the counsel for the plaintiff filed a second case against the same bank seeking to nullify the same extrajudicial foreclosure, but this time adding a prayer for the award of damages.
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The second case was raffled to another judge. The defendant bank’s counsel then moved to dismiss the second case.
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Will the motion prosper? Explain briefly.
SUGGESTED ANSWER |
Yes, the motion to dismiss will prosper. Counsel for plaintiff cannot file a second case against the same bank seeking to nullify the same extrajudicial foreclosure.
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Filing multiple cases based on the.same cause of action and with the same prayer, the previous case not having been resolved yet, constitutes forum shopping where the ground for dismissal is litis pendentia
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