THOMAS JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of the Federal High Court, Port Harcourt Division, delivered on 24th September, 2001. The brief facts of this matter are that, in a previous suit No. FHC/ PH/39/94, between the same parties, the respondents claimed damages resulting from the construction of Agbere A access road. Then a consent judgment was entered upon the agreement of both parties.
In 1996, the respondents again commenced another action seeking further compensationbased on the construction of the same Agbere Aaccess road. The present appellant resisted the second attempt to relitigate what was entered as a consent judgment and, therefore, filed a motion on notice urging the lower Federal High Court to dismiss the respondents’ second suit No. FHC/PH/126/96. The respondents opposed the motion and was sustained by the lower court hence the interlocutory appeal to this court. Appellant filed three grounds of appeal from which a…