DANIEL TAYAR TRANSPORT ENTERPRISES CO. LTD. V. ALHAJI LIADI BUSARI LAMIDI YUSUF DARAMOLA (FOR THEMSELVES AND AS REPRESENTATIVES OF ASHADE FAMILY OF IBA TOWN)

ADEREMI, JCA (Delivering the Lead Judgment): The appeal here is against the ruling of the High Court of Lagos State sitting at Ikeja delivered on the 18th of December 1988 wherein the learned trial Judge had dismissed the summons on notice dated 30th July 1998 in which the appellant had prayed for the following orders:-

“An order striking out the plaintiffs’ claims as offending the doctrine of res judicata in that the very matter in issue has been decided by the Supreme Court between the parties or those claiming through them. An order giving the applicant just a very short date to prove its counter-claim.

Briefly, the facts leading to this appeal are as follows: the respondents who were plaintiffs in the court below, in suit No. ID/ 2321/94: Alhaji Liadi Busari and Lamidi Yusuf Daramola (For themselves and as representatives of Ashade Family of Iba Town ) as plaintiffs and (1) Daniel Tayar Transport Enterprises Company (Nig.) Limited, (2) Somy Investment Limited and (3) Aliasawu …