T. O. ELIAS, C.J.N. (Delivering the Leading Judgment ): In suit No.HK/148/61 instituted before the Ikeja High Court, the plaintiff (herein respondent) claimed against the defendants as per his writ of summons dated November 14, 1961;
"(a) the sum of 100(pounds) being damages for trespass committed by the defendant, his servants and or agents on the plaintiff's land at Olorunshogo, Mushin District covered by deed of conveyance dated the 5th day of February, 1952 registered as No. 74, at page 74, in volume 911 of the Lands Registry at Lagos (now at Ibadan).
(b) an injunction restraining the defendant, his servant and/or agents (sic) on the said land."
According to the averments in the plaintiff's statement of claim and the evidence adduced in support, the land in dispute is situated at Olorunshogo, Mushin District, Lagos, is covered by a deed of conveyance dated 5th February, 1952 and registered as No. 74, at page 74, in volume 911 of the Lands Registry, Lagos (later removed to Ibadan) …