FIDELIS MGBENWA & ORS V. KINGSLEY NNAGU & ANOR

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): The motion seeking the High Court of Rivers State (coram G.C. Aguma, J) to strike out the suit no OHC/45/2008 for being incompetent on the ground that the claimant, now Respondent, was estopped, or the principle of estoppel per rem judicatam, from bringing the suit no OHC/45/2008 against the Appellants, who were the 1st-5th Defendants, was argued on 12th May, 2009. The Appellants had contended that the subsisting judgment in the suit no PHC/80/1972 operated to bar the Respondent from bringing the suit no OHC/45/2008 against them.

The learned trial Judge, G.C. Aguma, delivered a very short bench ruling and dismissed the application. The Ruling at pages 76 and 77 of Record of Appeal is as follows:

"RULING

It is clear from paragraph 5 of the counter affidavit that the judgment relied on by the Applicant is not being challenged. Rather the Claimant/Respondent are seeking for their right as derivable from the same judgment.

In paragrap…