The Appellant as Plaintiff at the Upper Area Court, Omu-Aran, Kwara State claimed ownership of a piece or parcel of land measuring about eight square kilometers, siuate at Oke Maro, Amoyo for himself and as representing Abidoye family of Oke Maro. Both parties relied on history and gave traditional evidence of ownership and acts of possession.

The action was initially instituted at the Area Court Grade I, Ajase-Ipo, Kwara State which resulted in an appeal to the Upper Area Court No. 1, Ilorin and subsequently to the High Court of Kwara State holden at Ilorin. The said High Court ordered a retrial of the matter before the Upper Area Court No. 2, Ilorin which order was later varied upon an application by one of the parties for the retrial to be heard by the Upper Area Court, Omu-Aran.

The Upper Area Court Omu-Aran conducted a visit to the locus-in-quo and after reviewing the evidence adduced by the parties and their witnesses, dismissed the Appellant's claim which decision resulted in an appeal to the High Court, holden at Omu-Aran in its appellate jurisdiction. The appeal was on an omnibus ground. The High Court, in its decision reversed the judgment of the Upper Area Court thereby awarding title to the disputed piece of land to the present Appellant. The present Respondent was not satisfied with that judgment and appealed to the Court of Appeal, Kaduna. The present Appellant then raised a preliminary objection as to the competence of the appeal in that no leave was sought and obtained prior to the filing of the appeal which objection was dismissed and the Court of Appeal eventually entered a non-suit. The present Respondent who was Defendant appealed to the Supreme Court on the order of non-¬suit while the present Appellant cross-appealed against the dismissal of their preliminary objection and the order of non-suit and prayed the Supreme Court to affirm the judgment of the High Court.

The Supreme Court in its judgment in appeal No. SC. 271/1990 delivered on 1st July, 1994 and reported in (1994) 6 NWLR (Pt.352) 506 held that the main appeal was incompetent for lack of obtaining leave to appeal but allowed the cross appeal.

However, on the 13th day of July, 1994 the present Respondent Sedan application at the Court of Appeal, Kaduna for extension of time within which to appeal and leave to appeal against the judgment of the High Court. Omu-Aran, which application was granted despite objection by the present Appellant that the matter had been decided on the merit by the Supreme Court and can therefore not be re-opened. The appeal was subsequently heard de novo. The Appellant again filed preliminary objection to the jurisdiction of the Court of Appeal to hear the appeal on the merit which objection was overruled on the ground that there was no valid judgment of the Court of Appeal on the subject matter between the parties. On the merit of the appeal the Court of Appeal allowed the appeal and set aside the judgment of the High Court thereby restoring the judgment of the trial Upper Area Court, Omu-Aran.

Dissatisfied, the Appellant appealed to the Supreme Court.