<p><strong>OMO, J.S.C. (Delivering the Leading Judgment): </strong>This is an appeal by the plaintiff/appellant against the decision of the Court of Appeal (Kaduna Division) which allowed the defendant/respondent&#x27;s appeal against the ruling of the Kwara High Court in the plaintiff/appellant&#x27;s favour.</p><p> The plaintiff/appellant instituted an action (KWS/70/1983) in which it claimed against the defendant/respondent.</p><p> &quot;(i) an order of possession wherein the defendant is to vacate the plaintiff&#x27;s adjudged land and to remove his structure thereon, and</p><p> (ii) (for) an order of account to be taken and payment of the sum due in respect of the structure on the plaintiff&#x27;s adjudged land.&quot;</p><p> After pleadings had been filed and exchanged, the defendant/respondent filed an application in the trial High Court for an order to dismiss the plaintiff/appellant&#x27;s action on the grounds: (a) that it is caught by the doctrine of res judicata, to wit; that the issue(s) sought to be decided had been canvassed and decided upon in a previ…</p>