FATAYI-WILIAMS, JSC (Delivering the Leading Judgment): This is an appeal from the judgement of the Lagos High Court in Suit No. LD/788/1970 in which the claims of the plaintiff, now appellant, against the defendant, now respondent, for damages for trespass to land, and for an injunction restraining the defendant from further acts of trespass were dismissed.
The plaintiff averred in paragraphs 3 to 7 of his statement of claim as follows:
"3. The land in dispute forms portion of a larger area of land owned from time immemorial by the Ojora Chieftaincy Family of Lagos.
4. In or about March, 1962, a duly authorised agent of the Ojora Chieftaincy Family for a valuable consideration put the plaintiff into peaceable possession of a large area of land of which the land in dispute forms portion.
5. Immediately adjacent to the land in dispute at Ugbowankwo Street, Alayabiagba, the plaintiff caused to be erected a building consisting of 13 rooms.
6. The plaintiff also put up on the land in dispu…