CHUKWUMA-ENEH JSC (Delivering the Lead Judgment): This is an appeal from the decision of the Court of Appeal, Ibadan Division (lower court) dated 28 November 1996. The lower court allowed the appeal and set aside the decision of the trial court; in the penultimate paragraph to the end of its judgment at page 107 of the record it held as follows:
“I think quite clearly suit HIL/5/72 is conclusive proof that therespondent was neither the owner of the land in dispute, nor in possession of it or a tenant. In the circumstances, I am satisfied that by virtue of the judgment in exhibit ‘D’ the respondent was estopped from opening the matter again and instituting the present actionin the lower court for exhibit ‘D’ isa judgment in rem . The fact that the claims are the same as the claims in the present case is noteworthy...”
The plaintiff, (that is, respondent) in the lower court, being dissatisfied with the decision, has appealed to this court as per the original notice of appeal dated13 Jan…