Respondents sued for a declaration of title to land against the appellants. Both parties relied on traditional evidence. Without resolving vital conflicts in the plaintiffs' statement of claim and those in his oral evidence, the trial Court dismissed the plaintiffs' case.

Plaintiffs appealed to the Court of appeal which allowed the appeal and ordered a retrial before another Judge.

Appellants appealed against the order of retrial, seeking a restoration of the judgment of the trial Court.