PERMANENT SECRETARY, MINISTRY OF WORKS, KWARA STATE & ANOR V. S. BALOGUN

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The issues raised on this appeal are of exceptional importance for although they were based substantially on the pleas of res judicata and limitation, they concern as well the consequential orders to be made after these issues shall have been disposed of. The plaintiff, now respondent, had sued the 1st defendant and the Permanent Secretry, Ministry of Works, etc., Kwara State, to set aside a Certificate of Occupancy in the possession of the 1st defendant and issued to him by the 2nd defendant, i.e. the Permanent Secretary, on account of the fraud or misrepresentation of the 1st defendant to the 2nd defendant at the time of obtaining the grant. At the trial in the High Court, Lokoja, the defendants resisted the claim of the plaintiff on two grounds, in limine, as follows:-

"(i) res judicata, as the matters sought to be canvassed in the case had been so adjudicated upon in a previous case between the plaintiff and the 1st defenda…