BODE RHODES-VIVOUR, J.S.C (Delivering the Leading Judgment): The respondent as plaintiff sued the appellant as defendant in the Lagos High Court for the sum of N39, 340,800 as special and general damages for trespass and an order of injunction to restrain the 1st defendant from:
(a) Committing acts of trespass to the plaintiffs property being a house situate at House 9, "A" close, 7th Avenue, Festac Town, Lagos.
(b) Committing any further acts preventing the plaintiff from exercising his legal right of ownership over the said property of remaining on the said premises unlawfully.
The parties filed and exchanged pleadings. The defendants filed separate pleadings but did not appear in court to defend the case.
The plaintiff gave evidence and closed his case in June, 1997. After two adjournments at the instance of the defendants the learned trial Judge closed the case and reserved judgment since it was clear that the defendants were not defending the case. Before the close of the case l…