OGUNTADE, J.C.A. (Delivering the Lead Ruling): The appellant was the plaintiff before the Upper Area Court, Pankshin. The plaintiff sued the respondent, as the defendant, claiming the ownership of a piece of land. In reaction, the defendant brought a motion praying the court to "dismiss suit No. CV/142/90 on grounds of Res Judicata."
The hearing of plaintiff's suit had not commenced at the time the defendant brought the motion for its dismissal. The defendant as applicant deposed to an affidavit in support of his application. The affidavit reads thus:
"1. That I am the applicant in the above named suit, I know the land in dispute, the respondent is known to me by virtue of which position I am conversant with the facts herein deposed to.
2. That I know as a fact that I sued John Dawulenga junior brother to the respondent over a piece of farmland in Mushu in Mangu Local Government Area before the Area Court I Bokkos in suit No CV 32/85 and judgment was given in my favour by the said cou…