A. O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This appeal is from the Court of Appeal (Lagos Division). The proceedings were commenced in the High Court of Lagos where the plaintiff claimed against the original defendant Busari Bamgbose for general damages for trespass into his property lying and situate at 29 Oyebo Street Araromi, Apapa, possession of the said building and premises and perpetual injunction restraining the defendant his servant and agents from continuing his acts of trespass.
At the trial court, the learned trial Judge duly ordered pleadings. Consequently, pleadings were filed and exchanged. The defendant also filed and served an amended statement of defence with leave. The plaintiff filed a reply to the original statement of defence. But before then the plaintiff, with the leave of the trial court, had the claim for possession withdrawn and it was duly struck out.
During the hearing before the trial court the parties called witnesses and several document…