MOGAJI & ORS.
V.
CADBURY FRY (EXPORT) LTD
·
Upgrade required to show details C. O. MADARIKAN, JSC (Delivering the Leading Judgment): The appellants were the plaintiffs and the respondent was the defendant in the High Court, Ikeja (Suit no. IK/233/65) in an action in which the plaintiffs' writ was endorsed as follows:-
"The plaintiffs' claim against the defendants jointly and severally is for:-
1. 100pounds damages for trespass in that sometime during the month of October, 1965, the defendants and their servants and agents wrongfully entered upon the plaintiffs' land along Ikeja/Isheri Road, Ikeja, cleared the land and erected sheds thereon. The said land is in possession of the plaintiffs.
The defendants continue to trespass on the said land in spite of repeated warnings by the plaintiffs.
2. An injunction to restrain the defendants, their servants and/or agents from committing further acts of trespass on the said land."
Pursuant to an order of the court, the parties filed their respective pleadings, and as the issues were considerably narrowed down by the ple…
