MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Leading Judgment): The 1st and 2nd Respondents’ Suit No. HID/3/2003 before the High Court of Ekiti State, sitting at Ido-Ekiti (trial Court), against the Appellants and the other Respondents for declarations and injunction in respect of the appointment to the traditional stool of Olojudo of Ido-Ekiti, was dismissed by the trial Court for being statute barred on the 20th of July, 2005, as borne out at pages 107 - 115 of the Record of Appeal.
During the pendency of the aforenamed suit, by the writ of summons dated the 4th of October, 2004, the 1st and 2nd Respondents also instituted the Suit No. HID/14/2004 before the trial Court against the same parties and on the same issues, substantially, which was dismissed as an abuse of the Court process and statute barred in the ruling dated 14th December, 2006, at pages 76 - 77 of the Record of Appeal.
Not deterred by the outcome of the two (2) suits instituted against the parties therein, the 1st …