ALHAJI BILAWU BADIRU V. ALHAJI SULAIMAN ADEOLA BISIRIYU

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 5/4/82, the plaintiff now the respondent claimed as follows from the defendant/appellant:

1. Injunction restraining the defendant and or his agents from further trespassing on the piece of land and the 16 rooms and one shop building thereon known as No. 21 formerly No.3 Fabukade Street, Sogunle Lagos State of Nigeria, the adjudged property of the plaintiff as per judgment in suit No. ID/369/78 in favour of the plaintiff.

2. ₦2,600 special and general damages for trespass on the said property.

The respondent had pleaded, and given evidence of the root of title to the subject matter of the action by tracing the devolution of title to one Alhaji Salisu Ajani Fabukade Obidairo who he stated sold the land to him between 1974 and 1975 and for which he paid by instalments. Sometime in 1981, he saw the defendant illegally on the land and despite warnings he continued to constitute himself into a trespasser. Th…