AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Respondents instituted an action against the Appellants at the High court of Lagos state wherein they claimed the sum of N100,000.00 as damages for trespass on their family land situate at Alausa Village, Ikeja, and prayed for an Order of perpetual injunction restraining the Appellants' their assigns, servants, agents, etc., from entering or continuing to trespass on the said land. Pleadings were duly filed, and in paragraph 22 of their statement of claim, they claimed "as per their writ of summons". They were later granted leave to amend their writ of summons and statement of claim, but they maintained in their amended pleadings that they claim- "as per their writ of summons"'
The Appellants filed a statement of Defence, which they also amended. Written addresses were duly filed, and in the Appellants' Written Address, they raised the issue of the Respondents claiming "as per their writ of summons", and contended that t…