MOHAMMED, J.C.A.(Delivering the Leading Judgment): This is an appeal against the interlocutory decision of the High Court of Justice of Kano State sitting at Kano and presided over by Sanusi Chiroma J. delivered on 10/6/93 in which the learned trial Judge dismissed the appellant's application to terminate in limine the respondent's Suit No. K/549/92 on the alleged ground that the suit was caught up by the operation of the doctrine of estoppel per rem judicata.
The circumstances giving rise to the appeal are quite simple and straight forward. The respondent as plaintiff had in 1988 by a Suit No. K/93/88 filed in a Kano High Court before Saka Yusuf J. claimed against the appellant the sum of one million naira (N1,000.000.00) as damages for an alleged illegal dealings with the respondent's landed property covered by Certificates of Occupancy No.KN2115 and KN 1902. After the exchange of pleadings between the parties, the case went on a full trial at the end of which Saka Yusuf J. found in…