KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Ondo State sitting at the Akure Judicial Division delivered on 11/2/2011 wherein the trial court overruled the defendant's (now appellant's) preliminary objection raised vide a motion on notice dated 4/10/10 and filed on 5/10/10 seeking the dismissal of the plaintiffs' (now respondents) suit in limine for lack of jurisdiction on the basis of estoppel per rem judicatam.
By their writ of summons dated 15/3/2010, the respondents instituted an action against the appellant at the court below for the following reliefs:
1. Declaration that the plaintiff's are the persons entitled to Statutory Rights of Occupancy in respect of a piece or parcel of land being at Ipona-nla farmland, Ondo Road, Akure bounded by Adun farmland and Akingbade farmland.
2. Perpetual injunction restraining the defendant, her agents, privies, assigns, representatives and any person …