JUDGMENT AND ORDER – ORDER OF DISMISSAL – Effect of an order of dismissal

“…The order of dismissal entered by the Court in suit No. HOY/7/1997 operates as an estoppel per rem judicatem and bars the Appellant from re-litigating the subject matter. See MAKUN & ORS V. FUTMINNA & ORS (2011) LPELR – 15514 (SC); EJIOFOR V. ONYEKWE & ORS (1972) LPELR – 1068 (SC). The lower Court was therefore right to have held that the trial Court having earlier dismissed suit No. HOY/7/1997 had become functus officio in respect of the subject matter, notwithstanding that suit No. HOY/6/1998 came up before another Judge of that Court.” Per ADAMU JAURO, JSC inADEGBANKE v. OJELABI & ORS (2021-LCER-40456-SC) (Pp 59 – 60 Paras D – A)

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