KALGO JSC (Delivering the Lead Judgment): In this appeal, there are only two issues for determination by this court and agreed to by the parties. Issue 1, which is the most important and substantive, deals once more with issue estoppel per rem judicatam . The case giving rise to this appeal has a very long protracted antecedent which must be set out clearly for a better understanding of the issues involved.
In suit No. IK/2/67 , the respondents, as plaintiffs sued the appellants on behalf of the Beku-Onimaba family for declaration, N400.00 damages for trespass and injunction in respect of a parcel of land measuring 118.7 acres only contained in a survey plan admitted as exhibit A. The appellants did not file any counter-claim but at the end of the trial, the respondents’ case was dismissed in its entirety by Oshodi J. They appealed to the Court of Appeal and the appeal was dismissed. They further appealed to the Supreme Court in case No. SC. 184/89 and it was again dismissed. T…