The appellants were the defendants in the High Court of Lagos State and the respondents the plaintiffs to 13 the suit claiming:The plaintiffs, for themselves and on behalf of the Iposu family, had claimed against the defendants jointly and severally declaration of title to all that piece or parcel of land situate at Akesan in Epe, Lagos State, possession of the said land, N100.00 general damages for trespass and perpetual injunction. At the conclusion of hearing, the plaintiff’s claim for declaration of title to the land in dispute was dismissed by the trial court. Their claim for possession also failed and was struck out. With regard to their claims for trespass and injunction, the learned trial Judge pronounced thus:

“……. From the foregoing, the Plaintiffs succeed in their claim for trespass against all the Defendants including the 6th Defendant who did not file a Statement of Defence nor give evidence at the hearing.

I award the sum of N100 as damages against each of the Defendants for trespass.

I also make an order of injunction restraining the Defendants, their servants or agents from further trespass on the land shown in Exhibit B and marked RED.”

Dissatisfied with this decision of the trial court, the defendants lodged an appeal against the same to the Court of Appeal, Lagos Division, which court in a unanimous decision on the 27th day of July, 1978 dismissed the appeal and affirmed the judgment of the trial court.

Dissatisfied with the decision of the Court of appeal, the appellants appealed to the Supreme Court.