I. F. OGBUAGU, J.S.C (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division, (hereinafter called "the court below"), delivered on 9th January, 2003, allowing the appeal of the respondent and setting aside the ruling of Akinsanya, J. of the Lagos State High Court sitting in Lagos delivered on 7th December, 2001 dismissing the suit of the plaintiff/respondent on the ground of estoppel per rem judicatam and remitting the matter to the High Court of Lagos for trial by another Judge.
Dissatisfied with the said decision the defendants/appellants, have appealed to this court on four (4) grounds of appeal which without their particulars, read as follows
"1). The learned Justices of the Court of Appeal, erred in law when they held that the that subject matter in both suits are not the same.
2) The court below misdirected itself in law when it held that the respondent were right to have commenced the process of setting aside the judgmen…