The plaintiff who is the appellant herein filed a civil action against the defendants. The claim as stated in paragraph 18 of the Amended Statement of Claim reads.
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For loss of use at the rate of N10.00 (Ten Naira) per month per room for the period during which the defendants are found to be in unlawful possession until they give up such damages in trespass to the plaintiff's property situate lying and being at No. 71, Orodu Street, Ajegunle, Apapa.
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Injunction restraining the defendants their servants and agents from further acts of trespass on the aforesaid property."
The original defendant was one Mr. John Olusoga who died on 13:4:72 after pleadings were ordered, filed and exchanged but before commenced. Following applications made to the trial court, Iyabo Oluyemisi Olusoga and Ibironke Olusoga were substituted in his place by the orders of that court.
The plaintiff who is of Igbo origin was one of the numerous Easterners who fled Lagos to Eastern Nigeria during the national crisis and civil war between 1966 and 1970. He had been living in Lagos for over twenty years before the crisis. On or about August, 1966, he left Lagos for his home town leaving behind in Lagos his family and four houses at 28, Uzor Street, 58, Abukuru Street, 71, Orodu Street and 80, Orodu Street all in Ajegunle. On his return to Lagos in February, 1970, he found that John Olusoga, the original defendant was in occupation of No.71,Orodu Street. The latter claimed that he purchased the property in 1966 from the plaintiff's wife who sold it to him on the authority of the plaintiff. He eventually instituted the proceedings leading to the appeal. The defendants/respondents were substituted as his successor in title.
At the conclusion of hearing, the learned trial Judge in a considered judgement, dismissed the claim of the plaintiff. The plaintiff's appeal to the Court of Appeal was unsuccessful hence a further appeal to this court.
Did the obligation or alleged obligation of the plaintiff to sell or convey...
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