A. I. IGUH, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal. Lagos Division, which had on the 11th day of January, 1989 allowed the appeal of the defendants from the decision of Olorunnimbe, J., sitting at Ikeja Judicial Division of the High Court of Lagos State. The cross-appeal of the plaintiff was, by the same judgment, dismissed by the said Court of Appeal.
The plaintiff had instituted an action against one S.F. Onamade, now deceased, the predecessor in title of the present defendants/respondents, claiming as endorsed in his amended Statement of Claim as follows -
"1. N250.00 being general damages for trespass committed by the defendant, his servants and/or agents on the plaintiff's land shown and edged in red by erecting thereon a building shown and edged in blue on Plan CD/432/77;
2. A perpetual injunction restraining the defendant, his servants and/or agents from further trespass."
Pleadings were ordered in the suit and w…