Appellants as plaintiffs sued respondents as defendants claiming against them an order for an account, damages and an injunction in respect of the management of palm fruits harvested from certain communal land of Ikot Effiom.

Respondents filed a statement of defence denying the claim stating that the appellants’ suit was not maintainable based on a consent judgment in suit No. C/124/76.

Prior to the above, appellants on 16th February, 1996 filed a motion on notice under Order 24 rules 2 and 3 of the Cross River State High Court (Civil Procedure) Rules, 1987 for the dismissal of the suit on the following grounds: (i) judgment estoppel, (ii) issue estoppel, (iii) statute bar (iv) abuse of process, and (v) want of locus standi. The trial court upheld the plea of res judicata and dismissed the appellants’ claim.

Dissatisfied with the ruling, the appellants appealed to the Court of Appeal.