MADAM FATIMO WELLE V. JOEL AJIDE BOGUNJOKO

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): The parties that commenced the suit at the lower court which has now given rise to this appeal were Joel Ajide Bogunjoko as plaintiff and Sumonu Welle as defendant. The plaintiff took out a writ dated 14th of January 1975 and a statement of claim dated 5th of February 1975 in which he set out the following claims against the defendant:-

"1. Declaration of title in fee simple to all that piece or parcel of land situate lying and being in Ikate, Suruiere, Lagos a site plan of which will be filed later,

2. Four hundred naira (N400.00) damages for trespass to the land.

3. Injunction restraining the defendant his servants and/or agents from further trespassing on the said land. Annual rental value of the land is about N20."

Pleadings were filed and exchanged and the case was set down for trial.

After the proceedings of 14th May, 1980, the defendant died and his name was substituted with Salami Amawo Welle and Jimoh Welle, who be…