IDIGBE, J.S.C (Delivering the Leading Judgment): The question in this appeal is whether the learned trial Judge in the High Court of Lagos State (Kassim, J.) was right in dismissing the claim of the appellants on a plea of the respondent. The plea was a plea of estoppel. The estoppel was pleaded to a claim made by the appellants against the respondent for a declaration of title to the land and an order of injunction and it reads:-
"The plaintiffs claim against the defendant
(1) a declaration of title to the land shown on the Deed of Conveyance dated 9th May, 1941, and registered as No. 33 at page 33 in volume 576 of the Register of Deeds kept at the Lands Registry in Lagos; and
(2) an injunction restraining the defendant from taking possession of the said land".
The facts which form the background to the plea of estoppel per rem judicatam are as follows: In 1960 one M.A. Alatishe sued the respondent in the High Court claiming in Suit LD/161/60 - "a declaration of title to a piece or p…