CHIEF MARK YOUNG JACK & ORS V.DELIVER IGONIKON HARRY

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In Suit PHC/60/72 in the Rivers State High Court sitting at Port Harcourt, the plaintiffs, who are appellants before us, filed the following claim:-

"1. A declaration of title to a piece or parcel of land of an annual value of 10 pounds situate at Young Jacks Compound Abonnema in Degema Division which has been in the peaceful enjoyment, possession and occupation of the plaintiffs.

2. A perpetual injunction restraining the defendant, her servants, agents and all persons claiming through or under her from interfering with the plaintiffs' title, rights and interest in and over the said land.

3. 100 pounds General damages for trespass."

A preliminary objection was taken at the hearing of the case by learned counsel for the defendant who is respondent before us, on the ground that the plaintiffs are estopped per rem judicatam from relitigating this action. At the hearing of the preliminary objection, only two exhibits were admitted …