TIJJANI ABDULLAHI, J.C.A. (Delivering the leading Judgment): This is an appeal against the decision of the High Court of Justice Maiduguri, Borno State delivered by J. Jilantikira (J) on the 13th day of September, 2007 in which the Appellant's case was dismissed based on the defence of Res Judicata raised by the Respondents.
The facts of the case briefly are that: The Appellant as Plaintiff before the trial Court took out a writ of summons against the Respondent wherein he sought amongst other reliefs a declaration of the right of possession and occupation of a house being, lying and situate in Bulabulin ward, Maiduguri.
Initially, learned Counsel to the Appellant distilled two issues for determination from four grounds. However, on the day the appeal was argued, he applied to withdraw the 1st issue and the arguments canvassed in support of the said issue. The application for the withdrawal of the same was not opposed. And for not being opposed both the issue and the arguments were ex…