PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of HIGH COURT OF ABIA STATE UMUAHIA DIVISION contained in the judgment of S. N. Imo then C. J. delivered on the 22nd day of November, 2010.
The Appellants and the Respondent had been embroiled in land dispute culminating into this appeal since 1978 in Suit No. HU/80/76 Judgment was first delivered in the Suit on 10th April, 1991 which judgment was upturned by this Court (Port Harcourt Division) on 20th April, 1999 and an order of a retrial of the Suit herein de novo was made.
When the matter got back for retrial at the High Court, the parties amended their processes. The Respondent herein also counter claimed for the declaration that he owned the land. One of the main contentions in the case was whether the Claimants (now Appellants) was not caught by the doctrine of res judicata.
By their further Amended Statement of Claim the Appellants claimed at the Lower Court thus:
WHEREFORE the Plainti…