MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Rivers State High Court of Justice, Port Harcourt Judicial Division delivered on the 22nd of May 2009 wherein the suit no. PHC/824/2008 was dismissed.
By an application filed on the 19th of September 2008, the Respondent at page 39 of the record sought an order of the lower court to dismiss the suit for want of jurisdiction on the ground that the suit is caught by the doctrine of estoppel per rem judicata.
In support of the application, Respondent filed an affidavit of ten paragraphs. The facts deposed therein, are to the effect that, the Appellant had in PHC/98/2008 between Oilserv Limited v. Global Gas and Refining Limited, prosecuted the Respondent in respect of the subject matter of this litigation and did obtain judgment against the Respondent in PHC/98/2008 before Diepiri J. The Respondent averred that they had even paid the judgment debt in PHC/98/2008 to the Appellant. The Res…