OBADINA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Plateau State High Court in its appellate jurisdiction contained in the judgment of Honourable Justices Ahinche and Ubangari dated 30th day of November, 1994.
The facts leading to the appeal are briefly as follows:-
In 1979, the appellant’s father, Pam Dung Jik instituted a case No. CV/1379/79 at the Jos Civil Area Court, Grade 1, against the respondent, Davou Choji, claiming a declaration of title to a piece of land, situate and being at Hwolshe, Jos. At the conclusion of the case, judgment was entered in favour of the appellant’s father by the court. See pages 1 - 11 of the record of appeal.
In 1982, the respondent herein commenced another case at the Gigiring Area Court Grade II, Jos in suit No. GGAC/495/82, Davou Choji of Hwolshe v. Pam Dung Jik of Hwolshe , over a different and distinct piece of land from the one in respect of case No. CV/1379/79, Pam Dung v. Davou Choji . At the conc…