The facts briefly are these: Plaintiff and the 2nd defendant arc half brothers of the same father, Waller Amobi, Igwe 1 of Ogidi. The 1st and 3rd defendants are full brothers; 2nd defendant is their half brother of the same mother. The land in dispute is part of the land known as lyienu which plaintiff claimed belonged to Walter Amobi alone. The defendants claimed that the land belonged to Waller and his brothers. It is plaintiff's case that the land in dispute was given to his mother by Walter several years ago and she went into possession and remained there until her death in 1958. Plaintiff built a house on the land in 1957 but the house was destroyed during the Nigerian civil war of 1967 lo 1970. Waller Amobi also gave land lo his oilier wives who bore him sons.

The defendants claimed that their mother was wife to Walter Amobi for whom she bore a son, the 2nd defendant. On the death of Walter she was inherited by Walter's brother for whom she had the 1st and 3rd defendants. The Amobi family gave the land in dispute lo her about 1928 and she had remained there ever since. At the request of the plaintiff she allowed him to erect a temporary structure on the land but when plaintiff started pulling up a permanent building she stopped him and was beaten up by the plaintiff. She sustained injuries and was hospitalized. Plaintiff was prosecuted, convicted and jailed for the assault. On her discharge from hospital she drove plaintiff away from the land. Hence the action by the plaintiff.

After hearing evidence of both parties, the trial Judge dismissed the appellant's claims and found for the respondents.

The subsequent appeal of the appellant to the Court of Appeal was dismissed hence the further appeal to the Supreme Court.