EMMANUEL OBIOMA OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division which affirmed the decision of Oguntade, J. as he then was in a civil action filed by the plaintiff against the defendants.
The plaintiff who is the appellant herein filed a civil action against the defendants. The claim as stated in paragraph 18 of the Amended Statement of Claim reads:
"18. The plaintiff claims against the defendants jointly and severally:
(1) For loss of use at the rate of N10.00 (Ten Naira) per month per room for the period during which the defendants are found to be in unlawful possession until they give up such damages in trespass to the plaintiff's property situate lying and being at No. 71, Orodu Street, Ajegunle, Apapa.
(2) Injunction restraining the defendants their servants and agents from further acts of trespass on the aforesaid property."
The original defendant was one Mr. John Olusoga who died on 13:4:72 after …