OYEBISI . F. OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kogi State coram Hussaini and Ajileye JJ, sitting at Anyigha in its appellate jurisdiction over the ruling of the Upper Area Court, Anyigba in the suit in which the Plaintiff (hereinafter referred to as the Respondent) had claims follows:-
"Claim of a piece of land called Oko-Ogo at Ukpotume and restraining the defendant/appellant from further trespassing on the said land."
The Defendant (hereinafter referred to as the Appellant) before the commencement of hearing of the said suit, filed a motion on notice seeking the striking out of the Respondent's suit on the ground that the Upper Area Court lacked the requisite jurisdiction to adjudicate upon it.
The Appellant is claiming that the said portion of land the subject-matter of the suit tiled by the Respondent at the Upper Area Court Anyigba, had been adjudicated upon by courts of competent jurisdiction between t…