These proceedings were initiated by a writ of summons taken out in the then High Court of East Central State of Nigeria on the 24th day of May, 1975 over 11 years ago. The endorsement of claim on the writ reads:

"The plaintiffs claim against the defendant as follows –

The writ of summons was filed at Orlu in the Orlu Judicial Division of the High Court. Pleadings were ordered, settled, filed and exchanged and at the close of pleadings, the matter came up for hearing before Johnson. J. After hearing evidence of witnesses called by the parties and addresses of counsel, the learned trial judge delivered a well considered judgment in favour of the plaintiffs/respondents. In the concluding paragraph of his judgment, the learned trial judge observed and said:

“Plaintiffs have proved their claim on the preponderance of evidence.

In the final result, I am satisfied that the plaintiffs are entitled to the declaration sought and I accordingly grant it.

By virtue of section 36(1)(2) of Land Use Decree now Act No. 6 of 1978, the plaintiffs being holder of the land in dispute are entitled to a customary right of occupancy over the land. It is hereby ordered that the plaintiffs are entitled to all that piece of land. Called Okohia Ndimbara as shown on plaintiffs’ plan Ahiere Agu within the large area of land which they called Ohia Ezenmelaha and show the defendants plan No E/GA 3215/75 EX C. I also grant the plaintiffs the injunction claimed, and order that the defendants their agents and servant are with effect from the date hereof restrained perpetually from entering the said land.

On damages for trespass, the defendant should pay N250.00 to the plaintiffs”.

Being dissatisfied, the defendants appealed to the Court of Appeal on many grounds. They were equally unsuccessful before that court, as that Court found no cause to interfere with the findings and judgment of the learned trial judge. The Court of Appeal then dismissed all the grounds argued for lack of merit.