The Appellant's case at the trial by his Statement of Claim was that the land which is subject-matter of the action was pledged by his grandfather, one Ude Agu (or Ude Agu Ude) to the father of one Michael Chime, called Ozo Nnadi Ukwuani Nwachime, for a gun called "Ngeno". On the death of the pledger and the pledgee the land passed to the pledgee's son. One Chime Nwagu who was half-brother of the Appellant's grandfather and the trustee of the Plaintiff by native law and custom redeemed the land with money he borrowed from the Respondent and pledged the land to the Respondent. By native law and custom the Appellant is entitled to redeem the pledge. It was by reason of his tender age that Chime Nwagu became his trustee. Chime Nwagu died without redeeming the land and the Appellant is entitled to redeem the land. The parties to this appeal have voluntarily referred this matter to several conciliation and each of the conciliators have decided that the transaction was a pledge and that the pledge was redeemable by the Appellant. The Respondent accepted these settlements. However, sometime in 1982 the Respondent started to erect a building on the land and refused the tender by the Appellant of the redemption money.

The Respondent's case by his further Amended Statement of Defence was that the land was property of Chime Nwagu Ude it being his share of Ude Agu Ude's property by inheritance. Chime Nwagu Ude pledged the land to Ozo Ukwuani Nwachime. Chime Nwagu Ude redeemed the land in 1943 with money (N25) which he borrowed from the Respondent and the land reverted to Chime Nwagu Ude. A few months after the land was redeemed, Chime Nwagu Ude in the presence of his wife and son granted him a half of the redeemed land. In 1946 the Respondent commenced to erect a permanent building on the land, openly, and to the knowledge of Chime Nwagu Ude and several other persons. The Respondent averred that the land was his by gift from Chime Nwagu Ude, A few years after he had erected a building on the land Chime Nwagu Ude pledged the remaining half of the redeemed land for €8 to one Ude and one Oji Agu. At the request of Chima Nwagu Ude that pledged land was redeemed by Chime Nwagu Ude in 1975 with money provided by the Respondent. Upon redemption Chime Nwagu's son Richard Ude took possession of the land undisturbed. While admitting that there were several efforts at settlement of the dispute, the Respondent denied that the decisions of the bodies mentioned by the Appellant were against him.

After considering the evidence adduced in support of the parties respective cases the Trial Judge found that the Appellant had not discharged the burden of proving that either his great grandfather or his grandfather was the owner of the land in dispute or that he inherited the land. Indeed he rejected the main aspect of the Appellant's case, that is to say, that Chime Nwagu Ude acted as his trustee in his (Ude's) dealings with the land. He dismissed the claim.

Appellant's appeal to the Court of Appeal was also dismissed.

They further appealed to the Supreme Court.