S. M. B. ALOMASOJO V. MRS. NELLY ELSIE IBRU

T. O. ELIAS, C.J.N. (Delivering the Leading judgment): In Suit No.LD/265/69, Taylor C.J., in the High Court of Lagos State entered judgment on 11th January, 1971 for the plaintiff against the defendant in trespass and dismissed the defendant's counterclaim for title in fee simple in respect of the land in dispute. On 12th January, 1971, the learned Chief Justice also granted the plaintiff an injunction restraining the defendant, his agents and/or servants from further trespassing on the land. The plaintiffs claim from the defendant was for the sum of 200pounds as damages for trespass allegedly committed by the latter on the plaintiff's land known as Plot No. 92, Mr J.A. Daniel's allotment or 33 Omobola Street, Ikate, Surulere, Lagos; the plaintiff also sought an injunction restraining the defendant and his agents and/or servants from committing further acts of trespass on the land in question. The defendant filed a counterclaim in which he sought a declaration of title to the said lan…