The respondent was plaintiff in Suit No. HOG/22/25 at the Oguta High Court. The appellant was the defendant. The respondent's claims were for:

After due trial, the trial Judge granted all the claims.

Aggrieved by the decision, the applicant appealed to the Court of Appeal.

The appeal was still pending in the Court of Appeal when the respondent was reported dead. Sequel to the death of the respondent, and still desirous of prosecuting his appeal, the appellant filed an application to substitute one Joshua Okanne for the deceased respondent. There was no evidence that the said Joshua Okanne himself did indicate personal interest in the stoolship subject-matter of the suit or make any pretence about his entitlement to it.

In the affidavit in support of the application, the applicant claimed, inter alia, that by tradition he was the oldest man in Umuafokita village and consequently the village head but that the party sought to be joined and who was next to him in age was an "Oloru" (a non indigene or stranger) like the deceased respondent and should never become the village head and that in the event of his (applicant's) death, the issue will still arise, so that it is better that the appeal be determined on the merit.