The principal issues in this appeal are issues of fact. The plaintiff, now appellant, sued the respondent, as defendant, on a writ endorsed for E100 damages for trespass committed by the defendant on the plaintiff's land at Ajoke Dosumu Street, Surulere, and a perpetual injunction against the defendant restraining him from a continuation or repetition of such trespass. The property in dispute is situated as stated by the plaintiff on his writ and it is not seriously disputed by any of the parties that the land on which the building stood was originally owned by the Oloto Chieftaincy Family and that a series of acts in law the plaintiff became the owner of the land by virtue of a Deed of Conveyance duly registered according to law. It was also the case of the plaintiff that after his purchase of the land he caused an allotment plan of the entire land to be prepared and proved and that the defendant later unlawfully entered upon a portion of the said land.

The defendant filed a statement of defence and that statement contained the allegation later found to be true, that an original allotment plan, No. LD.61, prepared on behalf of the plaintiff, was altered bye the Town Planning Authorities and that as a result of this the plaintiff caused another allotment plan to be made. The new allotment plan was No. TP.33 and was duly approved by the Town Planning Authorities. An inevitable consequence of this, however, was that the several plots overlapped each other on the boundaries. The defence contends that plots NQ.G and 7 in the earlier allotment plan became eventually vested in one Joseph A. Adebayo Browne and that the plaintiff sold to the defendant plot No. 25 in the new allotment plan of £400, from which he was paid a part-payment of £110.

The learned trial judge accepted the evidence of the defendant and dismissed the plaintiff's case.

The plaintiff appealed.