PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Honourable Justice Eyo E. Ita of Cross River State holding at the Ugep Judicial Division. The Suit giving rise to his appeal was initiated by the 1st Respondent via an Originating Summons filed on the 18th of July, 2011 with the Appellant as 1st Defendant and the 2nd 4th Respondents as 2nd - 4th Defendants.
Upon service of the Originating processes on the Appellant, he entered a conditional appearance and filed a Counter Affidavit contesting the merits of the case. The Appellant in lieu of demurer also filed a Motion on Notice questioning inter alia the locus standi of the 1st Respondent and also raised against the suit, the doctrine of estoppels per res judicata on the basis of a Calabar High Court Judgment in C/490/96 and Obubra High Court Judgment in HB/2/2000. The 1st Respondent on the other hand filed an objection against the Appellants Motion in objection. The objections and the m…