ALHAJI IDRISU ICHADO V. MUSA APEH

OKEZIE, J.C.A. (Delivering the Lead Ruling): This appeal comes before the court in circumstances which call for consideration in this judgment.

The appellant who was plaintiff in the Upper Area Court Benue State filed an action against the defendant now respondent in this court and claimed as follows:

1. A declaration of title to a piece of land known and called 'Ofabo Ogebe Ankpa' situate at Angwa Ogebe Ankpa Benue State."

At the hearing the contention was that the appellant sued the defendants in several courts and Exhibits A - 1 had clearly shown that the parties, issues and the subject-matter of the present suit were the same as those in the earlier cases in Exhibits A-1.

The trial Judge accepting these contentions held on the 8th January, 1988 that the appellant's claim was caught by the plea of res Judicata and dismissed it.

Being dissatisfied the appellant appealed to the High Court sitting in its appellate jurisdiction which upheld the trial court's judgment and dismissed the …