The Appellants were the Defendants in this action, which was commenced against them jointly and severally by one Usue Aga as Plaintiff in the Upper Area Court of Benue State in the Gboko Judicial Division holding at Gboko, for trespass and for a declaration of title to the said land situate and lying at Mbaadeda of Yandev. The Appellants also filed a counterclaim against the said Usue Aga wherein they counter claimed against the said Usue Aga, for (1) a declaration of title (2) an order of forfeiture and (3) perpetual injunction in respect of a piece of land situate at Mbaakumba, Yandev. At the Upper Area Court, Usue Aga testified in support of his case and called one witness. The Appellants, who were the Respondents in the court below, called three witnesses. The judge of the Upper Area Court after hearing the evidence of the parties visited the locus-in-quo. At the locus-in-quo, further evidence was taken, and the court made some observations in respect of the evidence given during the course of the visit to the locus-in-quo. Thereafter, the Upper Area Court judge gave a well-considered judgment. By that judgment, the claim of the Respondents was upheld and the counterclaim filed by the Appellants was dismissed and the Court took the view that the Appellants had failed to prove their counter claim. The Judge of the Upper Area Court accordingly entered judgement for the Respondent and declared him to be the owner of the disputed land. He however made an order restraining the Appellants, their servants, agents and their privies from entering on the said land from the date of the judgment.

The Appellants were dissatisfied with the judgment and orders of the Upper Area Court. They appealed to the High Court of Justice, Benue State, Benue Judicial Division holding at Gboko. The Appeal was heard by that court sitting in its Appellate jurisdiction (Coram A. Idoko C.J. and A.O Onum, J.) Whilst this matter was pending before the High Court, it was reported that the Respondent, Usue Aga who instituted the action against the Appellants originally was dead. The present Respondent, Ikyume Yongo was substituted for the deceased, Usue Aga. In that court, after argument of counsel appearing for the parties, the court delivered a considered judgment which resulted in the success of the Appellants before that court. As the Respondent was dissatisfied with the judgment of the High Con aforesaid, an appeal was lodged to the Court below. In the Court below, the Respondent was successful as that court reversed the decision of the Gboko High Court sitting in its Appellate jurisdiction. The Appellants were aggrieved with the decision of the Court below. They have now appealed to this Court.