T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In this appeal from the judgment of Adefarasin, J., in Suit No. LD/575/7O delivered in the High Court of Lagos State on June 1, 1972, the plaintiff was non-suited on the ground that he had failed to establish his right to the possession of the premises the subject-matter of the suit. His writ was endorsed as follows:
"(1) The plaintiff's claim against the defendant is for the recovery of possession of the property situate lying and being at No. 42A Bale Street, Aiyetoro, Ajegunle, Apapa, plus mesne profits at the rate of 10 Pounds per month for the period during which the defendant is found to be in unlawful possession until he gives up such sum as damages for trespass to the aforesaid property.
(2) Injunction restraining the defendant his servant, and agents from continuing such trespass."
In his Statement of Claim, the plaintiff averred that at all material times he was lawfully in possession of the premises at No. 42A Bale Str…