<p><strong>AMIRU SANUSI, JSC (Delivering the leading : ):</strong> This appeal is against the judgment of the Court of Appeal ("the lower court" or "court below'') delivered on the 1st of November 2004 which set aside the judgment of the Enugu State High Court (hereinafter referred to as "the trial court") delivered on the 8th of October 2001. The Appellant herein as plaintiff at the trial court, took a writ of summons against the respondent as defendants thereat seeking the reliefs reproduced hereunder:-</p><p>"(1) ₦50,000 (Fifty Thousand Naira Only) being damages for trespass at No. 03 Akwata (wholesale) Ogbete Market Enugu.</p><p>(2) INJUNCTION RESTRAINING the defendants, their servants, agents or privies from acts of trespass on No. 3 Akwata Ogbete Main Market, Enugu."</p><p>The facts of the case as could be gleaned from the record, are that the appellant as plaintiff claimed that he was the owner of the shed situate at No. 3 Akwata Section of Ogbete main market in Enugu, which he alleged he built his shed on the s…</p>