ALFRED PEARSON EYEWUMI AWALA, J.C.A. (Delivering the Leading Judgment): The appellant here is the surviving plaintiff in the suit filed by them at the lower court, the High Court of Justice, Osun State of Nigeria, sitting at the Ilesa Judicial Division before Sijuwade, J, and before whom a motion by way of preliminary objection dated 14/5/90 was filed by the defendants/respondents following the filing and exchange of pleadings.
The said motion is for an order dismissing the plaintiffs' claims on the ground that the action is res judicata, vide the schedule set down below:-
(1) The plaintiffs are members of Ijimo Community, while the defendants are members of Erinmo Community,
(2) There had been previous litigations between the two communities in respect of the area now claimed by the plaintiffs as contained in paragraph 5 of the statement of claim.
(3) These previous litigations had been decided in favour of the 1st defendant the last of which was suit No. HIL/21/72 between O…