ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): The appellants as plaintiffs, took out a writ of Summons out of the High Court of Plateau state, Jos on the 27/4/2000, and in their joint statement of claim, they prayed, against the defendants jointly and severally, for the following reliefs -
"(a) A DELCARATION that the Plaintiffs are the rightful owners by inheritance entitled to the exclusive use, enjoyment and occupation of Nos. 13 and 18 Ahmadu Bello Way, Jos.
(b) A PERPETUAL INJUNCTION restraining the Defendants by themselves, agents, privies assigns, heirs or servants from further acts of trespass unto Nos. 13 and 18 Ahmadu Bellow Way, Jos in any way howsoever."
The defendants denied the claim and filed their statements of defence. However, before trial could commence, the 6th defendant, who is now the 6th respondent, filed a Motion on Notice dated the 15/6/2000, for -
"An Order dismissing the Plaintiffs' claim for being res judicata."
He exhibited a copy of the …