C. O. MADARIKAN, J.S.C. (Delivering the Leading Judgment): In Suit No. LD/94/69 in the High Court, Lagos, the plaintiff took out a writ of summons on the 25th February, 1969 against the defendants claiming:
"the sum of 2,000 (two thousand pounds) being damages for conversion in that on the 6th February, 1969 the defendants seized, converted to their own use and wrongfully deprived the plaintiff of his lorry (with bulk oil carrying facilities) Registration No. LN 1143. Alternatively the plaintiff claims against the defendants the said sum as damages for trespass to the said vehicle."
The writ was made returnable for the 17th March, 1969, but before the return date and indeed on the 12th March, 1969, the plaintiff filed a notice of discontinuance in the following terms:
"Take notice that the plaintiff herein hereby wholly discontinues this case against defendant."
When the case was called on the return date, the parties were represented by counsel and the learned trial judge dismissed t…