ALHAJI MUSA OMO ELEJA V. JOSIAH AIYEDUN BANGUDU

MAHMUD MOHAMMED, J.C.A. (Delivering the Leading Judgment): The dispute between the parties in this appeal started in 1984 when the appellant sued the respondent in the Ilorin High Court. The Suit No. KWS/26/84 was determined on 16th October 1987 when Ibiwoye. J. in his judgment dismissed the claim of the appellant. Not satisfied with that decision, the appellant appealed to this Court.

The appellant's appeal No. CA/K/65/88 was partially successful when this Court in its judgment of 27th April, 1989 allowed the appeal in part in that some of the appellant's claims were allowed while the dismissal of the other claims of the appellant by the lower court were upheld. About one year after the decision of this Court of 27th April, 1989, the appellant again by a writ of summons dated 23rd April, 1990 filed another action against the respondent at the Ilorin High Court claiming the following reliefs:

A. Possession of the house situate at Sokoto Road Ilorin, leased by the plaintiff to the def…