J. ELABANJO V. ALHAJA A. O. TIJANI

OPUTA, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Lagos Division. In a lead judgment delivered by Uthman Mohammed, JCA to which Nnaemeka-Agu and Kutigi, JJCA concurred, the Court of Appeal set aside the judgment of Oshodi, J. of the Lagos High Court awarding the Plaintiff (now Appellant) ₦100.00 damages for trespass and an injunction "restraining the defendant, her servants/agents from further acts of trespass on the land in dispute."

In the Court of first instance, the Plaintiff gave evidence and tendered the Purchase Receipt of the land in dispute as EX.B and the Conveyance to him of the land in dispute duly executed by the Defendant/Respondent to this appeal. The plan of the land in dispute was attached to EX.A. The Plaintiff also tendered EX.C written for and on behalf of the Defendant by her Solicitors, Coker and Coker. Exhibit C was a Public Notice posted by the Defendant on the land in dispute. Exhibit C contained the f…