FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Rivers State holden at Port Harcourt Judicial Division CORAM: M. W. DANAGOGO, J., (hereinafter referred to as “the Court below”) delivered on the 11th day of June, 2021 in Suit No: PHC/1047/2018 wherein the Court below struck down the Appellant’s suit for being caught by the doctrine of issue estoppel and res judicata.
BRIEF FACTS:
The Appellant filed Suit, No: PHC/1047/2018 in a representative capacity at the lower Court against the Respondents relying on Power of Attorney donated to him by the Executors/Trustees of the Estate of Chief Friday Chuku, seeking certain claims and reliefs stated in the Writ of Summons (Pages 6-7 of the Records of Appeal). Pleadings were exchanged and the 1st, 2nd & 4th Defendants therein, now 1st, 2nd & 4th Respondents/Applicants further filed a preliminary objection seeking an order dismissing Suit No: PHC/1047/2018 on the grounds that t…