IBRAHIM KOLAPO SULU-GAMBARI, J.C.A. (Delivering the Leading Judgment): This is an appeal from the ruling of the Hon. Justice Ligali A. Ayorinde of the High Court of Lagos State, delivered on the 23rd day of March, 1989, upon an application before the court in which the respondents herein prayed for the order of the High Court striking out Suit No. LD/264/88 on the grounds -
(i) That the trial Court had no jurisdiction to entertain the suit:
(ii) That the action is res judicata; and
(iii) That the action is frivolous, vexatious and constitutes an abuse of court process.
The background fact of the case on appeal is as follows: The plaintiff/appellant secured a contract for the construction of oil pipeline for the 1st defendant, a German Company, from the 2nd defendant - Nigerian National Petroleum Corporation (NNPC) in which the appellant earned some commission.
Due to the default of the 1st defendant in paying the accrued commission to the appellant, an action was instituted by the appellan…