The original Plaintiffs at the High Court of Lagos State were Alhaji Moshood Ajala and Alhaji Yekini Sowunmi. They died in the course of the proceedings at the trial Court and the present Appellant was substituted for them.

The averments from the pleadings of the parties clearly show that the dispute between the parties was all as to whether or not the judgment given by the High Court of Lagos State in Suit No. ID/333/80 which was affirmed by the Court of Appeal in appeal No. CA/L/168/87 was in respect of the same land in dispute in the suit which the Plaintiffs/Respondents brought to Court in the current case. In other words whereas the Defendants/Respondents contended before the two Courts below that the case of the Plaintiffs/Appellants was caught by the defence of estoppel per remjudicatam, it was the case of the Plaintiffs/Respondents that the said defence was not available to the Defendants/Respondents on the ground that the subject matters in Suit No. ID/333/80 and appeal No. CA/L/168/87 were not the same as that in dispute in the current case.

The trial Court took the view that the lands in the previous and the current case were not the same whilst the Court below took a contrary view.