P.W.I Suega Ande, a farmer from Mbagena Shitile alleged, that the accused person Apav Agbenyi from Mbagena Kpav, on 21st March, 1989 set ablaze his two dwelling houses at Mbagena Shitile. The two houses were burnt down. The accused person denied setting the two houses ablaze. He pleaded Alibi saying that he was working behind his house and called him by name - "KPAV, Kpav - You are here but my house is burning". The accused said that P.W.I leveled the allegation against him because of a long-standing dispute.

At the trial and hearing of case, the prosecution called three witnesses. The prosecution witnesses are P.W.I Suega Ande the owner of the two houses P.W.2. Teghtegh Agum an uncle of P.W.I both of whom are of the same grandfather and PW.3 Police Corporal Francis Tysor investigating Police Officer (I.PO.), who was at the time attached to the Police Post Abiji.

The accused person Apav Agbanyi who testified as D.W.I. pleaded alibi saying, that he was not at the scene at the time and place. D.W.I. called one witness D.W.I. 2 Agbidye Aba his cousin who testified in his defence. At the end of the trial, the learned trial Judge after a consideration of the evidence adduced held:-