MR. CALEB ADETUNJI BODUNRIN KUJU V. MR. VICTOR EKA

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Candide Johnson J. of the High court of Lagos State in suit no.ID/1145/2005 delivered on the 1st of December 2006 striking out the appellant's suit as an abuse of court process.

The facts of this case are as follows: In a previous action (suit no.ID/2146/99), the Appellant by a writ of summons dated the 13th of August 1999, sued the Respondent at the High court of Lagos state in the Ikeja Judicial Division claiming as follows:

i. A Declaration that he is entitled to the statutory Right of occupancy of all the large piece or parcel of rand being at Block N12 Ogudu G.R.A. in the Kosofe Local Government Area of Lagos state and covered by certificate of occupancy dated 7th day of February 1979 Deeds kept the Lands Registry Lagos.

ii. Perpetual Injunction restraining the Defendant by himself, his servants, agents, privies and otherwise howsoever from continuing to trespass on the parc…