JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling delivered on 30th October, 2013 in the High Court of Justice Ondo State sitting at Akure dismissing the action of the Appellants who were plaintiffs in the High Court for being an abuse of Court process.
The Respondents who were Defendants in the action instituted at the High Court had earlier filed an action in the Customary Court of Ondo State in the Ilara-Mokin Customary Court District sitting at Ilara-Mokin claiming for a declaration that they (respondents) are entitled to the Customary Right of Occupancy of the piece or parcel of land at Ojajere (Onikoro) farm Ilara-Mokin and N10,000 damages for trespass.
After service of the processes of the Customary Court on the Appellants particularly the claim against them, the Appellants appeared in that Court. At the next adjournment of the suit at the Customary Court, the Appellants wrote a letter to that Court. In the meantime, they instituted …