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OGEBE JCA (Delivering the Lead Judgment): The appellant company sued the 1st defendant/respondent and another in suit No. LD/2649/95 in the Lagos State High Court seeking a declaration of ownership to a piece of land covered by a right of occupancy issued by the Lagos State Government. It also sought a perpetual injunction against the respondent from interfering with the disputed property.
In a motion dated the 15th November, 1995 the respondent prayed the court for stay of proceedings because of an earlier suit No. ID/435/83 involving same parties. The appellant filed a counter affidavit in which it was deposed that the appellant was not aware of suit No. ID/435/83 when it filed its own suit in the present case.
It was also averred that the lands in dispute were not the same in the two cases.
The trial court took arguments and held that the two suits were in A respect of the same parties and the same land. It therefore granted the stay of proceedings pending the hearing of suit No. ID…