OGBUAGU JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, (hereinafter called “the court below”) delivered on 10 December 2001, dismissing the appeal of the appellant from the judgment of the High Court of Lagos State sitting in Ikeja - per Desalu, J. delivered on 22 May 1981, which found in favour of the respondent.
Dissatisfied with the said judgment, the appellant has further appealed to this court firstly, on two (2) grounds of appeal which werefurther amended to be five (5) grounds of appeal - (see the amended notice of appeal filed on 5 April 2006). She has formulated three (3) issues for determination, namely “1. Whether having regard to the pleadings and evidence led, plaintiff proved title to the land in dispute to warrant its claim for trespass to be granted.
Whether a claim for trespass would lie against the defendant , who has been found to be a licencee of the plaintiff and in possession of the land and whet…