CHIEF TOYINBO ADAWON V SAANU ASOGBA & ORS.

AUGIE, J.C.A. (Delivering the Leading Judgment): The action that led to this appeal was filed at the Agosasa Grade Two Customary Court of Ogun State, and the Appellant's claim as Plaintiff against the Respondents, who were the Defendants, was for a "declaration of a piece or parcel of land situate, lying and being at Igbole Area, Eyin Ogbe, Agosasa" and an order of injunction restraining them, their agents/servants and children from further trespass on the said farmland. The Appellant testified at the trial Customary Court and called three witnesses, while the Respondents gave evidence themselves and called one witness each in their defence. According to the Appellant, the farmland in dispute belonged to his grandfather, Adawon who gave "Asogba" sanctuary in Agosasa and allowed him to work on the said farmland after Asogba escaped from Idiroko to avoid being killed by his family because he had committed adultery with a housewife of the family. The said Asogba was the father of the 1st…