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KAWU, JSC (Delivering the Leading Judgment): Alfred Adeyinka Brown, who was the original plaintiff in this case in the High Court died on the 6th day of September, 1984, and the present respondent, one of his children, was substituted in his place. So all references to "the Plaintiff" or "the Respondent" in this judgment will be to the original plaintiff.
In the High Court of Lagos State, the respondent as plaintiff brought an action against the appellant, claiming in his amended writ of summons, as follows:-
"1. N2,000.00 (Two thousand naira only) being special and general damages for trespass committed by the defendant on the plaintiff's land at Tanimeda, in the Surulere district of Lagos, Lagos State within the jurisdiction of this court, a plan of which land, that is to say the plaintiff's land is attached, marked 'A', numbered 1, 9 and 10 and edged red.
2. Perpetual injunction restraining the defendant, his servants and/or agents from further trespassing on the said land or any pā¦