JAMES OGENYI OGEBE, J.C.A (Delivering the Leading Judgment): The appellants who were plaintiff's in the court below sued the respondents in the High Court of Rivers State holding at Degema claiming a piece of land. Both parties were fighting the case in representative capacities. Pleadings were exchanged and the respondents brought a motion dated 10th of January, 1987 which reads thus:
"MOTION ON NOTICE
ORDER 25 RULE 20 HIGH COURT
RULES 1987 INHERENT JURISDICTION
TAKE NOTICE that this Honourable court will be moved on Tuesday the 8th of March. 1988 at the hour of 9 0'clock in the forenoon or so soon thereafter as Defendants/Applicants or Counsel on their behalf can be heard for an order of the court striking out the plaintiffs' Statement of Claim and demission (sic) the of the process of the court for the subject matter of the suit and the interests of the parties to this suit had been previously determined by competent courts and the same is now on appeal before the court of appeal …