MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division which set aside the judgment of the High Court of Lagos State that was delivered in the chambers of the learned trial Judge, E. F. Longe J.
The respondent as plaintiff claimed against the appellant as defendants as per their Amended Writ of Summons dated 30th day of October, 1990 thus:
1. A declaration that the parcel of land delineated in plans Nos. LA/127/CA/88 and LA/144/CA 88 drawn by in Ademola Ashipa belongs to the plaintiff's family.
2. The sum of N5,000.00k being damages for trespass committed by the defendants jointly and severally against the plaintiff's farmland on 12th October, 1990 by destroying the cassava, maize, tomatoes, okro, pineapples and kola-nut trees cultivated thereon.
3. An injunction restraining the defendants by themselves, their servants, howsoever from further acts of trespass on the said land.
BACKGROUND FACTS
The appella…