ALHAJI SANNI LABARAN V. ZAKARI SARAKI KALSHINGI

OBADINA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Gombe State sitting in Gombe presided over by Bulkachuwa C. J. (as he then was) delivered on the 11th day of February, 1998. The ruling was based on a preliminary objection dated 17th December, 1997 filed by the respondent herein against the appellant’s motion dated the 21st day of November, 1997.

The facts of the case leading to this appeal are briefly as follows:- A Sometime in 1987, the respondent herein took out a writ of summons against the appellant herein and one other at the High Court of the old Bauchi State, and judgment was entered against the appellant, on the 31st of January, 1995. The appellant appealed against the judgment to the Court of Appeal. According to the appellant, before the respondent instituted the action of 1997, (I think he meant 1987), against the appellant, the appellant had earlier filed an action against the respondent over the same piece of land, the…