OLABODE ABIMBOLA ADEGBEHINGBE, JCA (DELIVERING THE LEADING JUDGMENT): The Appellants filed a motion on notice before the High Court of Taraba State, sitting in its Jalingo Judicial Division, in suit no. TRSJ/710M/2022, on 12/12/2022. In the motion, the Appellants prayed the lower Court to strike out the Respondent's suit with serial no. TRSJ/115/2022, pending before the lower Court, for being abusive of the process of the Court. (See pages 1-31 of the record of appeal).
The grounds for the motion, stated in the motion in question, are:
"i) That by Exhibit 'A' attached to this application, the Defendants acting on behalf of their family (Kwanzing family) filed a suit of declaration of title before Grade 1 Area Court, Pantisawa in Suit No. CV/13/2022 in respect of a piece of land situate at Dampaja Nyaha, Yorro Local Government Area of Taraba State against Murtala Santi and Mutari whom the plaintiff recognized as her nephews and family members by paragraph 22 of her statement of claim be…