IGUH, J.S.C. (Delivering the Leading Judgment): In the High Court of Lagos State presided over by Olusola Thomas, J., the respondents who were the plaintiffs, for themselves and on behalf of the Ilogbo Elegba Community instituted an action against the appellants who therein were the defendants, for themselves and on behalf of the people of Iba claiming as follows:-
"(i) The sum of ₦5000.00 jointly and severally against the defendants as special and general damages for trespass committed by the defendants to the plaintiffs' land in their possession situate, lying and being at Ilogbo-Elegba in the Bada Division of Lagos State of Nigeria and
(ii) Perpetual injunction restraining the defendants, their agents, privies, servants and so on from repeating or continuing or committing further acts of trespass to the plaintiffs' land in their possession."
Pleadings were ordered in the suit and were duly filed and exchanged with the same amended and further amended by various court orders.