FOSTER JA. The appellant and the respondent were the plaintiff and defendant respectively in a Civil Suit No S7/68 in the court below. The plaintiff there issued a writ of summons against the defendant on 11 January 1968 claiming:
"(i) possession of rooms occupied by the defendant in the property known as 14 Allen Street, Bathurst;
(ii) injunction to restrain the defendant from continuing to trespass on and to damage parts of the said property; and
(iii) mesne profits."
This suit was heard by the learned Chief Justice who gave judgment as follows:
"The defendant is declared to have a good possessory title to the adjoining building he erected and that portion of land on which it stands known as No 14 Allen Street. The plaintiff's suit for possession of the whole of No 14 Allen Street is dismissed with costs. The plaintiff is declared to have a good title to the main building of blocks and that portion of land on which it stands known as No 14 Allen Street. Both parties are at liberty to app…