G. S. SOWEMIMO, Ag. JSC (Delivering the Leading Judgment): This is an appeal against an order dismissing an application for an interim injunction. In Suit W/54/70 instituted by the plaintiff against the defendant in the Warri High Court, of the Mid-Western State, the plaintiff claims special and general damages for trespass to land, interim injunction to restrain the defendant from continuing further acts of trespass and perpetual injunction. The portion of land which is the subject matter of the claim is described on the writ as "the piece and parcel of land in Warri Cemetery, Cemetery Road, Warri.
" The act of trespass was that "on 18th April, 1970, the defendant and his agent broke and entered the piece of land. . . to destroy the tombstone and the grave where plaintiff's late father, the Hon. Asifo Egbe was buried in 1945".
Along with the summons the plaintiff filed a notice of motion on 5th July, 1970 in the following terms:
"For an order of this Honourable Court
1. Granting th…