AGBOOLA
V.
AUDU

BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): Quite a number of years back, precisely 2002, Alhaji Sanni Owolabi, now deceased, in a representative capacity on behalf of his Agbeku Community, sued the respondent, whom he described as Baale of Magbon, on behalf of his Magbon Community, for a declaration that Agbeku Community are the customary owners of the parcel of land where respondents Magbon Community are farming and settled. He also sought orders (2) restraining Magbon Community from felling economic trees on the said land without the consent of Agbeku community, as well as (3) an order compelling Magbon Community to pay traditional gifts, otherwise called Isakole, as evidence of Magbons tenancy to Agbeku. In the alternative to the payment of Isakole, he sought an order for Magbon to vacate the said land. Agbeku Communitys case was that Magbon Community who are their tenants on the land had been lately engaging in acts inimical to their (Agbekus) ownership of th…