OBASEKI-ADEJUMO JCA (Delivering the Lead Judgment): This appeal is against the ruling of Eigbedion J., of the Federal High Court, Lagos
Division delivered, on 31 July 1991, dismissing theentire suitupon application by the 3rd defendant/respondent that the issue involved is res judicata .
The plaintiff/appellant had commenced this action by a writ of summons dated 16 November 1990 followed by a statement of claim dated 5 December 1990. The statement of claim was subsequently amended culminating in the further amended statement of claim dated 6 May 1992. In the course of the proceedings at the trial court, the 3rd defendant brought an application for an order dismissing the plaintiff/appellant’s suit on the ground that the cause of action in suit No. FHC/L/75/87, was res judicata . The trial court ruled in favour of the 3rd respondent thereby dismissing theappellant’s suit.
It is against this ruling that the appellant appealed to this court vide a notice of appeal dated 10August199…