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KAWU, J.S.C. (Delivering the Leading Judgment): After reading the briefs of argument and hearing submissions of counsel in this appeal on the 16th day of January, 1990, I found the appeal completely devoid of merit, dismissed it, affirming the judgment of the Court of Appeal and reserved my reasons for the judgment till today. I now give my reasons.
The respondent in this appeal, as plaintiff instituted an action against the appellant in the High Court of Lagos State claiming as follows:-
"(1) Possession of the house situated, lying and known as 52A, Aiyetoro Street, Ajegunle which is the property of the plaintiff.
(2) The sum of N1,270.00 being special damages suffered by the plaintiff when the defendant without lawful authority collected rents on 11 rooms in the premises at N3.00 per month per room from January, 1968 - December, 1971.
(3) Injunction restraining the defendant from going on to the premises to collect rent."
Pleadings were ordered, filed and exchanged. Briefly put, th…