S. KAWU, JSC (Delivering the Leading Judgment): In the High Court of Lagos State, the appellant herein, as plaintiff instituted an action against the respondents on an amended writ of summons endorsed as follows:-
"(1) A declaration that the first Defendant is not entitled to enter or use the private driveway in the Plaintiff's dwelling house and premises situate at No.7B Iya Oloye Crescent, Maryland, Ikeja, measuring 67 metres or 220 feet long and 3.7 metres or 12 feet at its widest at the entrance.
(2) The sum of N50,000 (Fifty Thousand Naira) being special and general damages (on the footing of aggravated damages) for trespass and nuisance committed by the First Defendant when on diverse dates between 2nd April, 1983 and (up) to the date of the writ:-
(a) the said First Defendant broke and entered the Plaintiff's premises by cutting an opening in the wall fence separating the Plaintiff's dwelling house from the (first) Defendant's, entered the said driveway and maliciously committ…