U. A. KALGO, J.S.C (Delivering the Leading Judgment): In the trial court, the appellants who were the plaintiffs took out a writ of summons against the defendants now respondents seeking the following reliefs:-
(i) A declaration that as executors of the estate of late Alhaji Fasasi Adisa Adeshina (the plaintiffs) are the persons entitled to a statutory certificate of occupancy on the piece or parcel of land conveyed by virtue of a deed of conveyance dated 12th day of September, 1972 and registered as No.41 at page 41 Volume 1406 of the Lagos Lands Registry.
(ii) N10,000.00 damages for trespass against the defendants jointly and severally.
(iii) A perpetual injunction restraining the defendants their servants or agents from committing further trespass to the land.
(Italics supplied)
The writ was filed on the 19th of February, 1991 and on the same day, the plaintiffs/appellants filed an ex-parte motion for interim injunction restraining the defendants/respondents their servants or agent…