NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Benue State sitting in Vandeikya. These are the facts of this case as proffered by the respondent and adopted by the appellants as well.
"(7a) That sometimes in 1989, the first respondent sued the father and husband of the first and third appellants respectively at the High Court of Benue State, holden at Katsina-Ala claiming Plot No. 2619 in suit number KHC/22/89, the same as in suit number VFC/5/98. The first respondent was non-suited in that case.
(b) That about 4 years later, in 1993, the first respondent again filed the same action before the same court in suit No. KHC/60/93 claiming the same reliefs. That suit was struck out after the first respondent absented himself from court on the 18/5/94.
(c) Three years later (1997) the first respondent again filed motion number KHC/106m/97 to relist suit number KHC/60/93 earlier struck out. That motion was remitted to the …