A. N. ANIAGOLU, J.S.C. (Delivering the Leading Judgment): After the conclusion of arguments by counsel on this appeal on 20th March 1978 we allowed the appeal, set aside the judgment of the lower court including the order for costs and injunction and awarded costs to the defendant appellant. We now give our reasons for so doing.
In the claim which was instituted in the Lagos High Court and framed in trespass the plaintiff claimed 2000 "A/C0376 Balogun and Alatishe and Co. Barristers and Solicitors special and general damages for trespass allegedly committed by the defendant on 14th January 1972 on which day he was said to have forcibly entered the back portion of the plaintiff's shop known as L.E.D.B. shop 5, No.4 Nnamdi Azikiwe Street, Lagos, damaging the plaintiff's properties. The plaintiff also claimed an injunction to restrain the defendant his agents and servants from further acts of trespass to the said portion of the plaintiff's shop.
Pleadings were ordered and filed. In parag…