UGWU OSONDU PETER & ORS V. CHIEF (DR) UGWU NWAFOR UJAM

HUSSEIN MUKHTAR, JCA (Delivering the Leading Judgment): These are an Appeal and a Cross Appeal by the Appellants/Cross Respondents and by the Respondent/Cross Appellant respectively against the Ruling of the High Court of Enugu State, Agbani Division delivered by His Lordship N. N. Neboh, J on 24th January 2008 dismissing a Preliminary Objection challenging the competence of suit number HAGB/8/2006 filed by the Respondent/Cross Appellant. The ground of the objection is that the said suit is defective and should be dismissed on the ground of estoppel and res judicata by the decision in suit No: E/547/97. The Court below dismissed the objection and held that the parties were not the same in the two cases. The suit originally had Chief Peter Ugwu (now deceased) as 1st Appellant, who died during the pendency of this appeal, and was substituted by his first son Ugwu Osondu Peter, who replaced him. The Plaintiffs claim as endorsed on paragraph 36 of the Further Amended Statement of Claim, w…