MOHAMMED A. DANJUMA, J.C.A. (Delivering the leading judgment): The Appellant had instituted a suit as a plaintiff at the Upper Area court, Keffi in Nasarawa State in Suit No.UACK/8CV/2000 against the Respondent herein (as a defendant) over a farm land.
Before the hearing of suit could commence, the Respondent raised a point of preliminary objection against the suit based upon the doctrine of estopel per rem judicata.
The said objection was argued and sustained by the Upper Area
Court. The Plaintiff, being dissatisfied appealed against the said ruling to the High Court of Justice, Keffi, whereat the appeal was dismissed and the ruling of the Upper Area Court sustaining the objection was affirmed and the objection further re-affirmed.
The Record of Appeal in this matter was compiled and transmitted on the 13/2/04, whilst the Ruling was delivered on 21/10/2003; a period of 103 days between the Ruling and compilation.
I find nothing in the record to suggest that leave was sought and grant…