N. A. WILLIAMS & ORS. V. HOPE RISING VOLUNTARY FUNDS SOCIETY

C. IDIGBE, JSC (Delivering the Leading Judgment): This appeal challenges the decision of two of three learned Justices of Appeal in the Federal Court of Appeal holden in Lagos (hereinafter referred to simply as "the Court of Appeal") dismissing an appeal from the decision of Ajose-Adeogun J. in the High Court of Lagos State setting aside his judgment, in Suit IK.263/72, given in the absence of the respondent and by which he ordered in favour of the appellants that N50 damages for trespass to land in possession of the appellants be paid by the respondent who was also restrained from entering upon the said land. The appellants' claim for damages and injunction against the respondent relate to a parcel of land lying and situate at Adeshina Street, Mushin in Lagos State. In the words of Lord Scarman-in Gleaves v. Deakin and Others, Regina v. Wells Street Magistrate Exparte Deakin [1980] A. C. 477 at 494-the appeal is, indeed, "a rare bird to fly at this altitude" because litigants do not …