CHIEF SAKA ATUYEYE ALHAJI MOSHOODI CHIEF SHITTA SALAKO MR. JAMIYU SALAKO CHIEF MUDASHIRU SALAKO CHIEF MUMUNI AWOYEMI V. MRS. BOLA ASHAMU MR. TUNDE ASHAMU MR. TESLIMI ADEOLA ALMAROOF ALHAJI JIMOH AKANNI BAKARE JADESOLA - LOKULO SODIPE TITI ASHAMU MARY OYEDOTUN BANDOH

DONGBAN-MENSEM JCA (Delivering the Lead Judgment): This appeal is against the ruling of the Hon. Justice O.A. Williams (Mrs.) of the lands division of the Lagos State High Court. In the ruling which was pronounced on 26 March 2003, the learned Judge dismissed the claim of appellants as plaintiffs, upon the motion on notice filed by the respondents/ defendants. In the said motion, the defendants moved the court to dismiss the suit of the plaintiffs as an abuse of court process. The plaintiffs are unhappy with the decision and haveappealed asking this court to set aside the ruling dismissing their suit.

The grounds of the objection raised in the motion on notice filed on 13 December 2002 are that:

At the time of filing this suit, there is pending suit No. ID/ 2307/96 and suit No. ID/237/2000 between the same parties and/or their privies over the ownership of a large expanse of land of which the land in dispute forms a part. The issue of ownership of large expanse of land of which the la…