The parties descended from a common ancestor called Ozeh who owned a large tract of land. This grand ancestor had four sons, namely, Isiahia, Alika, Egwu and Ikpe. Alika was the ancestor of the plaintiffs through whom they claimed the land in dispute. Ikpe was the ancestor of the defendants through whom they claimed the said land. Oze, in his life time, divided his land among his four sons. The families of these sons had remained in possession of the portion given to their respective ancestors. Each party claimed the land in dispute as being part of the land Ozeh allocated to its respective ancestor. Each also claimed to be in possession and to exercise rights of ownership on the land. Both parties claimed to have granted portions of the land to one B.N Anyamele to erect a store and to the Anglican Mission (St Mark's Church Umuogba). Plaintiffs also claimed, and led evidence in support, that one Johnson Egbe and Niebedim Ejimapa, 5th defendant's relatives were their tenants on part of the land. 5th defendant did not testify to deny this assertion.

All the boundarymen testified in favour of the plaintiffs. Similarly, Anyamele gave evidence to the effect that it was the plaintiffs, and not the defendants, that gave him the land on which he built his store.

Judgement was given against the appellants. Dissatisfied, appellants appealed.

All three Justices of the Court of Appeal agreed with the findings of fact by trial Judge. However, one Justice dissented on the issue of admission of the evidence of P.W 12 by the trial court after the parties had closed their respective case. Thus appeal was dismissed by a majority of two to one. Appellants appealed.