S. O. UWAIFO, J.S.C (Delivering the Leading Judgment): This appeal deals essentially with the effect of an out-of-court settlement of an action by the parties thereto. There is a peculiarity with such a settlement - even when not made an order of court. In a subsequent litigation between the same parties (or their privies) over the same subject-matter the focus should be on the settlement as a foundation of the cause of action. When this is appreciated, the court should examine the terms of settlement in relation to the suit to ascertain what should be the area of concern for its resolution.The appeal comes from a decision of the Court of Appeal, Port Harcourt Division, given on 15 November. 1989.
The plaintiffs commenced action on 6 October, 1973 in a representative capacity of Owuroboma Compound against the 1st defendant in his personal capacity in respect of a parcel of land, and claimed two reliefs, namely.
(1) N7,000.00 as special and general damages.
(2) perpetual injunction.
On…