FIRST BANK OF NIGERIA PLC. RANKASSA ENTERPRISES LIMITED V. ALHAJI SALMANU MAIWADA

M ANGAJI, JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of Uloko, Chief Judge of Plateau

State dated 26/5/2000 who, in dismissing the application filed and argued by appellants’ counsel seeking for an order to dismiss suit No. PLD/J103/ 98 on the ground that the suit was caught in the web of the doctrine of res judicata concluded as follows:-

“The fact that the decision of Hon. Justice Oyetunde (exh. 3) which is being relied upon by the applicants in this application for the invocation of the plea of res judicata is still on appeal to the Supreme Court is not at all in dispute. The contention of the learned counsel for the applicants is that what is before the Supreme Court is the respondent’s request that he be allowed to comply with the conditions of appeal. This court cannot prompt the decision of the Supreme Court on the request. If the Supreme Court should allow the respondent to comply with the conditions of the appeal to the Court …