UWAIS, J.S.C.: (Delivering the Judgment of the Court): We allowed this appeal on the 18th January, 1983 by setting aside the decision of the Federal Court of Appeal and restoring the decision of the trial court. I now give my reasons for agreeing with the judgment.
The appellant who is a full sister of the respondent commenced proceedings in the High Court of Lagos State sitting at Ikeja claiming against him -
a. N10,000 being damages for trespass committed on the plaintiff's house and landed property at 25, Oloja Street, Bariga, Lagos State and
b. Perpetual injunction to restrain the defendant from further act of trespass and molestation.
Pleadings were ordered and delivered. The respondent set up a counter-claim in his statement of defence against the appellant as follows-
"(1) The sum of N10,000 being special and general damages for trespass and detinue committed by the plaintiff when she, her agents and or her servants on or about the 27th day of October, 1974 wrongfully and unlaw…