UWABUNKEONYE ONWOSI, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of the High Court of Zamfara State sitting at Gusau delivered by HON. JUSTICE MUKHTAR YUSHA'U on the 28th day of March, 2025 in Suit No. ZMS/GS/45/2022. The trial Court on 28th day of March, 2025 upheld the Respondents’ Notice of preliminary objection (contained at page 214 - 217 of the Records of Appeal) and strike out the Appellants’ suit No. ZMS/GS/45/2022 for being an abuse of Court’s process.
Piqued by the ruling of the trial Court, the Appellants filed a Notice of Appeal dated 4th July, 2025 (contained at pages 223- 224 of the Records of Appeal). The facts underlying this appeal are straightforward and can be easily summarized. The 1st Respondent arraigned the Appellants in Suit No. USC/BUG/CR/17/2018 at the Upper Sharia Court, Bungudu for criminal trespass to land. The Appellants objected to the prosecution of the criminal case in Suit No. USC/BUG/CR/17/2018 by the Chairman of the Zam…