The dispute that led to this appeal arose over a piece of land situated at 27 Mbaise Road, Owerri in Imo State. The original Plaintiff in the case was Lawrence A. Amadi, who died while the trial was on at the High Court but after he had given his evidence before the trial Court. The present Appellant, Madam Alice Chiatogu Amadi, was the wife of the original Plaintiff who was substituted for her husband upon the man's death. The case was instituted at the High Court of Imo State, holding at Owerri, as Suit No HOW/26/71 and the present Respondents were the Defendants. The Plaintiff's claim against the Defendants, jointly and severally, as set out in paragraph 16 of the Statement of Claim, is as follows:

Pleadings were filed and exchanged and the trial finally took place before Okezie J (as he then was). As already stated above, the original Plaintiff, Lawrence Amadi, gave evidence at the trial and called a witness in support of his case before he died. Four witnesses testified for the defence, two of whom are the 1st and 2nd Defendants now Respondents who respectively gave evidence as DW2 and DW3.

The learned trial Judge rejected the Plaintiff's claim and dismissed same. The Plaintiff's appeal was dismissed by the Court of Appeal. The Plaintiff further appealed to the Supreme Court.