OGUNDARE, J.S.C. (Delivering the Leading Judgment): The main issue that calls for determination in this appeal is in respect of the plea of res judicata and/or issue estoppel raised by the defendants (who are now respondents in this appeal) in their pleadings. The plaintiffs (now appellants) have sued the defendants claiming -
(a) declaration of title to two pieces or parcels of land known and called Uhu land and Ekpe land, and
(b) an injunction restraining the defendants etc. from committing further acts of trespass on the said pieces of land.
Pleadings having been ordered, filed and exchanged, the case proceeded to trial at the end of which the learned trial Judge, in a reserved judgment, rejected the plea of estoppel per rem judicata and/or issue estoppel raised by the defendants. He considered the case on the merits and found for the plaintiffs, entering judgment in their favour in terms of their claims. Being dissatisfied with that judgment the defendants appealed to the Court of…