JAMILU YAMMAMA TUKUR, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, Abuja Division in Suit No: FHC/ABJ/CV/0204/17 delivered on 14TH FEBRUARY 2019 by Honourable Justice O.C. Agbaza against the Appellant.
The material facts of the case that led to this appeal is that the Respondent had filed an action via Writ of Summons dated and sealed on 20th November 2017, via which he sued the Appellant, seeking in the main, declaration of title over land. In reaction, the Appellant brought a Notice of Preliminary Objection dated and filed on 2nd May 2018 pursuant to Order 5 Rules 2(1) and (2); Order 43 Rules 1(1) and (2); Order 15 Rules 18 (b) (d) (e) of the FCT High Court (Civil Procedure) Rules 2018, seeking the following:
1) An order of this Honourable Court striking out/and or dismissing this suit on the plea of res judicata, thus enforcing the doctrine of estoppel per rem judicata, the same case having been judicially decided between the …