Plaintiffs and defendants instituted competing ac¬tions for declaration of title to the same piece of land. It was agreed that the second action (which was instituted by the present de¬fendants/appellants) would also determine the outcome of the first action (instituted by the pres¬ent plaintiffs/respondents).

Judgment was given in favour of the plaintiffs. The second action was also dismissed based on the parties' agreement and consent.

Defendants appealed against the decision in the first suit and a retrial of the first action was ordered but did not however appeal against the trial judge's dismissal of their claims in the second action.

The trial judge dismissed the plain¬tiff's claim and held in favour of the defendants, but the Court of Appeal reversed the trial judge's decision on appeal and granted judgment to the plaintiff.

The defendants appealed to the Supreme Court.