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ADEREMI, JCA (Delivering the Lead Judgment): The appellant, who was the plaintiff in the court below, claimed against the respondent, who was the defendant in that court, the following reliefs as endorsed in his amended writ of summons:- for trespass committed on the plaintiff’s property situate and known as No. 49 Ezeagu Street, Ojo Road, Ajegunle, a bakery and its accessories and household furniture. use and occupation in respect of the said property from September, 1966 until the trespass ceases. return of bakery and accessories, household furniture or their value and perpetual injunction restraining the defendant, his servants and/or agents from committing further trespass on the said property.
The particulars of the special damages and general damages are contained in the further amended statement of claim filed with the leave of the court, on 6th October, 1980. Final pleadings exchanged are the further amended statement of claim and the further amended statement of defence, bot…