KATSINA-ALU, JSC (Delivering the Lead Judgment): The plaintiffs in this action are the people of Offianta Village, Nsugba Town, Oyi LocalGovernment Area while the defendants are the people of Akwete Quarter, Nneyi Village, Umuleri Town, Anambra Local Government Area. The plaintiffs instituted this action against the defendants for the following reliefs:
The sum of N20,000.00 being general damages for the defendants’ trespass to the plaintiffs’ land known as and called Achutu in the possession of the plaintiffs. Permanent injunction to restrain the defendants, their servants or agents from further trespass to the said land.
After pleadings had been ordered, filed and exchanged the defendants brought a motion to dismiss the plaintiffs’case on the grounds of res judicata and/or abuse of process of the court. The motion was heard by Amaizu J. In a reserved ruling delivered on 31 March, 1993 the learned trial Judge held first, that the Native Court judgment in the 1907 case No. 66/1907 w…