<p>PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The respondent as plaintiff had instituted action against the defendant now known as the appellant claiming as follows in his pleadings:</p><p> &quot;(a) A declaration that the possession of flat 2 at No.2B Obadeyi Close, S. W. Ikoyi is unlawful as same was without the knowledge and/or consent of the plaintiff.</p><p> (b) The sum of four hundred naira (N400,000.00) being damages for the unlawful use and occupation of the said flat and furniture therein.</p><p> (c) Perpetual injunction restraining the defendant, its servants, agents and/or privies from continuing their unlawful acts by immediately vacating the premises and restoring all the furniture to reasonable state of repairs.&quot; </p><p> The appellant filed a motion for extension for leave to file its statement of defence and it was granted. On 19/10/93 the defendant was absent in court and the trial proceeded with the hearing of the evidence of one Emmanuel Ayodele a done of the power of the attorney who des…</p>