Respondents sought a declaration of right of use of an access road, general damages for interference with their right of way and mandatory injunction compelling appellant to remove obstruction from the said access road.

Respondent’s stated that they had a right to use without interruption the access road which leads from the respondents compound into King Amachree road.

Appellant denied the respondents claim and also counter claimed against the respondents for damages for trespass and a mandatory order to remove the acts of trespass.

The trial court held in favour of the respondents and dismissed the appellant’s counter claim.

Appellant, dissatisfied appealed to the Court of Appeal.