J.A. FABIYI, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Jos Division ("the court below" for short) delivered on 27th March, 2002.
It is apt to state the relevant facts which are material to the determination of the core or central issue in this appeal. The plaintiff at the trial court sought declaratory reliefs in respect of landed property in Jos; setting aside of warrant of possession and damages in the sum of ₦1,000,000:00 against the defendants for trespass.
By way of preliminary objection, the appellants urged Uloko, CJ to dismiss the plaintiff's claim on the ground that issues between them had been determined to finality by Oyetunde, J in Suit No. PLD/J/51/1994 when the plaintiff's suit was dismissed in its entirety. Uloko, CJ was duly addressed on the point. At the end of the day, Uloko, CJ refused the application because there was a pending appeal at the Supreme Court against certain aspects of the decision in PLD/J/19…