MODUPE IFAYINMINU V. MRS TAIWO FADAYOMI MRS EUNICE AKINTIMEHIN (SUING FOR THEMSELVES AND ON BEHALF OF THE CHILDREN OF LATE MADAM OLADUNBI ADEYELURE)

CORDELIA IFEOMA JOMBO-OFO, J.C.A.:(Delivering the Leading Judgment): This appeal stems from the decision of A.O. ADEBUSOYE, J. of the Ondo State High Court sitting at Ondo in a judgment delivered 12th October, 2010 affirming the judgment of the Customary Court of Ondo State delivered 27th June, 2008 in favour of the plaintiffs herein the respondents.

FACTS OF THE CASE

The respondents who were the plaintiffs at the Customary Court by a plaint claimed against the appellant as the defendant for entitlement to the Customary Right of Occupancy over the farmland situate at Okepu Road, via Ondo in Ondo State, damages for trespass and injunction.

The case went to trial wherein the respondents called five witnesses and the appellant called two witnesses. While testifying the appellant gave the location of the land in dispute as being at Igomola consequent upon which the respondents applied that a visit be made to the locus in quo. Appellant's counsel excused himself from the visit to the locus…