OJUGBELE
V.
OLASOJI
·
K. ESO, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice Lagos State (Oluwa, J.) the plaintiff, who is the respondent to the appeal in this court as well as he was respondent in the Federal Court of Appeal from the High Court, claimed as per his amended writ of summons as follows -
"The plaintiff is a lessee of a plot of land situate, lying and being at Aro-Omo layout in Orile Ikeja in the Ikeja District of the Lagos State by virtue of a Lease Agreement entered by the plaintiff and his predecessor-in-title with the owner of the land, Madam Ayinke Banjoko Aro-Omo-Oba in 1962.The Defendant has without the consent or authority of the plaintiff and without any lawful excuse whatsoever, entered upon the said piece of land.
The plaintiff claims from the defendant.
1. 1,000 pounds damages for trespass being committed by the defendant, her servants and or agents upon the said land 1967 up to date.
2. An injunction restraining the defendant, her servants and or agents fro…