UWAIFO, J.C.A. (Delivering the Leading Judgment): This is an appeal from a ruling of Adeniji, J., delivered on 15 May, 1988 at the Lagos High Court. It was upon an application brought by the 2nd defendant for an order to strike out or dismiss the suit instituted by the plaintiff. The grounds relied on in summary were that the suit was frivolous and vexatious, an abuse of court process, the plaintiff was estopped from raising the issues therein and the court lacked jurisdiction to entertain it. The learned trial Judge dismissed the suit after holding that the plaintiff was estopped from relitigating issues decided in an earlier Suit No. FCH/L/29/80 between the same parties and affirmed on appeal in FCA/L/190/83.
I shall give a short background of the matter. In 1978, the Federal Government published Gazette No. 27 Vol. 65 of 15th June, 1978. by which it forfeited 40,000 shares alleged to be held by one F. A. Ijewere in the 2nd defendant company. The shares, which were then 20,000 at N1 …