Florence O. Olusanya V. Olufemi Olusanya (1983)

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UWAIS, J.S.C.

We allowed this appeal on the 18th January, 1983 by setting aside the decision of the Federal Court of Appeal and restoring the decision of the trial court. I now give my reasons for agreeing with the judgment.

The appellant who is a full sister of the respondent commenced proceedings in the High Court of Lagos State sitting at Ikeja claiming against him –

a. N10,000 being damages for trespass committed on the plaintiff’s house and landed property at 25, Oloja Street, Bariga, Lagos State and

b. Perpetual injunction to restrain the defendant from further act of trespass and molestation.

Pleadings were ordered and delivered. The respondent set up a counter-claim in his statement of defence against the appellant as follows-

“(1) The sum of N10,000 being special and general damages for trespass and detinue committed by the plaintiff when she, her agents and or her servants on or about the 27th day of October, 1974 wrongfully and unlawfully entered on the parcel of land known as No.25 Oloja Street, Shomolu (which was then in the possession of the defendant) and damaged the defendant’s building thereon and at the same time and place carried away plaintiff’s (sic) goods itemised in exhibit “A”.

The defendant has made repeated demands for the return of the goods but the plaintiff has refused to return them.

The defendant hereby claims the return of the said goods or their value as stated below –

Particulars of Damages

i. Special Damages ….

ii. General Damages ….

TOTAL N10.000.00

2. Account of all monies and other properties (real and personal) of the deceased Stephen Idowu Olusanya (alias Anikilaya) which has got into the hands of the plaintiff and payment over to the defendant of whatever is found to be due to him (defendant).

The defendant is a beneficiary of the estate of the said Stephen Idowu Olusanya and the plaintiff is anexecutor de son tort in respect of the same estate.