CHIEF YESUFU A. ONIRU & ANOR V. WAHAHI A. GBADAMOSI

FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment): By a writ issued in the High Court of Lagos on 30th May, 1969, the plaintiff now respondent claimed from the defendants now appellants.

(i) The possession of all that piece or parcel of land known as plot No. H.14 at Maroko village, Lagos;

(ii) The sum of 100 as general damages for trespass; and

(iii) An injunction restraining the defendants, their servants or agents from committing any further trespass on the said piece or parcel of land.

Pleadings were ordered on 16th June, 1969, the plaintiff to file his statement of claim within 30 days and the defendants to file their defence within 30 days thereafter. Before the statement of claim had been filed, however, the plaintiff on 24th June, 1969, applied to the court by motion for an order restraining the defendants from continuing any building operation on the plot of land in dispute. He also asked for any other order or orders which the court might deem it fit to make in the ci…