A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In paragraph 17 of his statement of claim delivered after the commencement of the proceedings in the High Court of Lagos State, the plaintiff's amended claim against the defendant, now appellant, reads:-
"(a) 750 (Seven Hundred and Fifty Pounds only) being special and general damages for
(i) defendant's act of trespass, intermeddling with the estate of the deceased;
(ii) defendant's interference with the plaintiff's administration of the estate of the deceased which defendant's acts and conduct (unlawful as they are) have caused damages and loss of rents to the said estate.
(b) Injunction restraining the defendant, his servants and/or agents perpetually, from further intermeddling or interference with the said estate of which the plaintiff alone is the lawfully appointed administrator."
Paragraphs 3, 4, 9, 10, 11, 13, 14, 15, and 16 of the plaintiff's statement of claim read:-
"3. By a grant made on the 13th day of Januar…