ROTIMI & ORS
V.
MACGREGOR

COKER, J.S.C. (Delivering the Leading Judgment): This is a matter in which, owing to its peculiar circumstances, we acceded to the request to dispense with compliance with the rules of this Court and heard the appeal on the papers before us. These papers were agreed by the parties and they comprise the entire records relevant for the determination of the issues involved. The present appellants were the defendants to an action in which the plaintiff, now respondent before us, had asked for a declaration of title to "that piece or parcel of land situate, lying and being at Anifowoshe Village, Ikeja, Lagos State described in the plan to be filed in this suit". The writ also contains endorsements for claims for damages in trespass and a perpetual injunction. Some time after the filing of the writ and before an order for pleadings was made, the respondent applied to the High Court for "an order for an interim injunction restraining the defendants by themselves, their servants and/or agents…