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COKER, J.S.C (Delivering the Leading Judgement): The heart of this appeal lies in the correct meaning and effect of the order of this court made on the 28th April 1975 in SC. 144/1974 in relation to the issue of estoppel per rem judicata raised by the defendants in their Statement of Defence.
The Respondents, children of one John St. Mathew Daniel, deceased who died intestate on the 25th day of October, 1948, issued a writ of summons against Paul Cardoso, a representative of the children (Family) of Lawrence Antonio Cardoso deceased. The claim was for declaration of title under native law and custom to a piece of land situate at Kirikiri, then in the Western State but now within the Lagos State, damages for trespass and an order of injunction restraining the defendant, his agents and servants from committing further acts of trespass to the land. The case of the Plaintiffs/Respondents was that their late father bought the land at a public auction on the 16th day of October, 1940 and th…