In the Chief Magistrate's court of the Lagos Magisterial District, holden at Yaba, Lagos State, the plaintiff, by a writ of summons filed on the 4th May, 1982 claimed against the defendants as follows:-

The case duly proceeded to trial and evidence was led on behalf of the parties. At the conclusion of hearing, the learned trial Chief Magistrate after a review of the evidence entered judgement for the plaintiff against the defendants jointly and severally in the following terms:

"It is hereby adjudged that the plaintiff do recover from the defendants possession of the premises ...... that is to say, that one storey building consisting of 10 shops and 5 rooms/offices at No. 1 Aro Street, also known at 88B Docemo Street, Lagos. It is further adjudged that the plaintiff do recover from the defendants jointly and severally the sum of N4,000.00 for use and occupation of the said premises from period 15/7/78 to date. It is ordered that the defendants having over stayed for four years should give up to the plaintiff immediate possession of the said premises".

The Defendants being dissatisfied with this judgement of the learned Chief Magistrate appealed to the High Court of Lagos which on the 2nd day of April, 1986 allowed the appeal and set aside the judgement and orders of the Chief Magistrate's Court. Aggrieved with the said judgement of the High Court, the plaintiff with the leave of the High Court, appealed to the Court of Appeal, Lagos Division, which in unanimous decision allowed the appeal on the 29th June, 1987 and restored the judgement of the Chief Magistrate. The Court below however reduced the amount awarded by the learned Chief Magistrate as mesne profits for the use and occupation of the said premises from N1,000.00 to N2.00 per annum. The defendants were ordered to give up possession of the premises claimed by the plaintiff forthwith.

Dissatisfied with the said judgement of the Court of Appeal, the defendants, now appellants, on the 29th September, 1987 filed their notice and grounds of appeal to this court against this decision. The plaintiff, now cross-appellant, also filed a cross-appeal to this Court against only that part of the decision of the Court of Appeal which reduced the mesne profits awarded to him from N1,000.00 to N2.00 per annum.