TIPUT V. DAWAMKAT & ANOR

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Lead Judgment): The instant appeal is against the judgment of the Court of Appeal, Jos Judicial Division, delivered on February 1, 2019, in appeal No. CA/J/43/2017. By the said judgment, the Court below coram: O. Onyemenam, T. Y. Hassan and M. N. Oniyangi, JJCA, affirmed the ruling of the trial High Court, delivered on April 28, 2016, thereby striking out the Appellant's suit on the ground that it was caught up by the doctrine of res judicata.

BACKGROUND FACTS

The facts and circumstances surrounding the instant case are gleanable from the records of appeal. Regrettably, the case has had a chequered history, dating back to 1983.

Most particularly, the Suit No. PLD/P.28CV/2013, was commenced by the Appellant at the trial High Court in October 2013, thereby seeking some declaratory and injunctive reliefs against the Respondents herein. Upon receipt of the writ of summons and statement of claim, the Respondents filed a statement of Defenc…