Issues:

1. Whether the Court of Appeal was right when it affirmed the decision of the trial court that suit No. PLD/P.28CV/2013 between the parties herein is caught up by the doctrine of Res–Judicata in view of the decision of the Area Court Mangu in suit No. CV.323/1983 between Mai–Angwa Dawap of Millet and Sarkin Bungha Denan without considering or looking at another decision of the Upper Area Court in suit No. CV/79/1985 between Alhaji Shuaibu and Sarkin Bungha Denan before arriving at its judgment. (Ground 1).

2.    Whether the Court of Appeal was right to have affirmed the decision of the trial court that suit No. PLD/28CV/2013 was caught up by res judicata without looking at the pleadings of the parties, and Exhibits G, Gl and G2 attached to the Appellant’s counter–affidavit, wherein the Respondents had admitted that the land in dispute in suit No. PLD/P.28CV/2013 is different from the land declared in favour of their father in suit No. CV/323/1983. (Grounds 2 and 3).

3.    Whether the learned Justices of the Court of Appeal were right when they failed and neglected to determine issue 2 formulated by the Appellant in his brief to wit.

Whether the trial Court was right when it upheld the plea of resiudicata in view of the decision of the Area Court in suit No. cv/323/1983 notwithstanding that the upper Area Court in a

later suit N. CV/79/1985 between Alhaij Shaibu Babaie Vs. Denan Sarkin Bunqha fto which Mai–AncIwa Dat/vap testified in favour of the Alhaji Shaibu Babaje) held that the Denan Sarkin Bunqha (the Appellant’s progenitor) was the owner of land surrounding the entire Manqu General Hospital, the subject matter in this appeal (Grounds I and 2).

and if the answer is in the Affirmative, whether the failure has not occasioned a rniscarriage of justices against the Appellant. (Ground 4).