Respondents had brought an action against the appellants, then first set of defendants and another set of defendants (who have not appealed) for a declaration of title to the land in dispute called "OKPULOR AGWA" and "OKPULOR UKA" by the respondents and "ISIAFOR" by the appellants.

Respondents also claimed damage for trespass and perpetual injunction. They further pleaded that the second set of defendants granted the land in dispute to the respondents' ancestor with other parcels granted the land in dispute to the respondents' ancestor together with other parcels and since then respondents had exercised maximum acts of ownership and prosecution over the lands including the land in dispute. These include allotting parts of the land to farmers on payment of rent, including the appellants. They further pleaded that their grandfather, Asugwa, permitted one Ugwala and Agomuo the appellants' grandfather and father to farm on the land on payment of tribute since 1969. The respondents however did not trace the said Azugwo to them in the pleadings. Therefore further pleaded held the "ofor" symbol at any time and that the appellants never lived on the land in dispute at any time.

The appellants on the other hand, admitted that the second set of defendants granted the land in dispute to the respondents but that the grant was made to both the appellants and the respondents since both were related by blood. The appellants further pleaded that the respondent had abandoned the land in dispute and had moved out of the land leaving it for the appellants.