Appellants as plaintiffs sued the defendants/respondents for a declaration that the defendants as customary tenants had forfeited their rights to occupy the portion of the plaintiffs parcel of land known as Ariro farmland.

They also sought to recover the said portion of land and an injunction restraining the unlawful entry and taking any step which challenged the plaintiffs’ right to possession of the said land.

Respondents filed a statement of defence, along with an order dismissing the Appellants’ suit on the ground of res judicata.

The learned trial Judge struck out the appellants’ suit thus leading to this Appeal.