MOJEED ADEKUNLE OWOADE, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of Ondo State High Court sitting at Okitipupa, delivered by Hon. Justice I. A. Adegbenro on 7th day of March, 2011.The Appellants as plaintiffs in suit No.HOK/40/2006 took out a writ of summons and on 9-5-2006 filed a statement of claim for declaration, trespass and injunction against the defendant. Issues were joined by the Appellants Amended Statement of Claim of 25-4-2007 and the Respondent's Statement of Defence of 3-11-2006. On 27-7-2010, the Respondent as defendant/applicant brought a motion on notice for an order of the Honourable Court dismissing or striking out the suit.The grounds on which the application was based were as follows:
1. Suit No. HOK/38/2006 Between Chief Ifedayo Iwayemi and Anr. And Mr. Ebun Obolo was instituted by the plaintiffs Respondents earlier in time than this suit.
2. Suit No.HOK/38/2006 is between the same parties or their privies as in this case.