<p><strong> ONU, JSC (Delivering the lead : ): </strong> The two main issues which arose for the consideration of this court in the appeal herein are firstly, whether the Court of Appeal was right when it held that the learned trial Judge was in error not to have upheld the plea of <em> estoppel per rem judicatam </em> and secondly, whether the Court of Appeal was not in error when it held that the learned trial Judge erred in relying on the evidence that the appellants’ predecessors obtained the permission of King Amachree IV to settle on the land in dispute since such evidence went to no issue as it was not pleaded by them.</p><p>The action itself was commenced by Chief Williams Seleya Big</p><p>Tom, Chief Ibibo Obu Dokubo and Chief Christopher Thompson, for themselves and as representing the Chiefs and people of Abalama community on March 12, 1979, in the High Court of Rivers State, Degema Judicial Division, claiming against Chief Jonathan Omoni and nine others for themselves and as representing the Chiefs and people …</p>