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AKPATA, J.C.A. (Delivering the Lead Judgment): The main question for determination in this appeal is whether the learned trial Judge ought to have granted the defendants' application for leave to prepare a survey plan of the land in dispute even though they had in their statement of defence pleaded and relied on a plan prepared in 1919 by a licensed surveyor.
At the Lagos High Court, the plaintiffs, as far back as September, 1983 instituted an action against the defendants jointly and severally seeking perpetual injunction and claiming the sum of N10,000 being special and general damages for trespass on a parcel of land at Ikola village near Ipaja in Alimosho Local Government Area of Lagos State.
Pleadings were ordered, filed and exchanged. In their amended statement of claim, the plaintiffs averred at paragraph 34(1) that they were claiming damages in respect of their land as shown in plan No. AAWW/L/888/84. At paragraph 9 of their original statement of defence filed on 15/11/83, the…