This case originated from the Upper Area Court, Idah, in Kogi State (trial Court). The Plaintiff's cause of action before the trial Court reads as follows:

"Seeking Court assistance to restrain the deft for (sic) further collecting (sic) of my stool land tributes called Ogbajele".

When the cause of action was read and explained through the assistance of an interpreter, to the two defendants, each denied liability. That was on the 5th day of June, 1996. This exercise was repeated on the 11th day of July, 1996 as there was a reconstitution of the panel members of that Court. Each of the Defendants maintained that he was not liable. Trial commenced on the 12th of November, 1996 with the Plaintiff and the three witnesses testifying. The 1st and 2nd Defendants testified. Two other witnesses were called by the Defendants. There was a visit to the locus in quo by the Court, the parties and their witnesses. That was on 5/9/97. Thereafter, the parties addressed the trial Court. On the 24th day of October, 1997, the panel members of the trial Court delivered the Court's judgment by a majority while one of the members i.e the Chairman of the panel dissented. In the majority judgment, the trial Court found that the Plaintiff was able to prove his case and judgment was entered in his favour. The land in dispute i.e. Ogbajele land was awarded to the Plaintiff and his family as "Family Stool Land". The trial Court also restrained the Defendants, their agents, servants and privies from collecting tributes from anyone on Ogbajele land.

Dissatisfied with the trial Court's judgment (majority judgment) the Defendants appealed on seven grounds of appeal to the High Court of Justice of Kogi State, appellate division, holden at Idah. There was also filed by the Plaintiff a Notice of cross-appeal against the dissenting judgment. In course of dealing with the preliminary matters, the High Court struck out Grounds D, E and F of the consolidated Notice of Appeal dated 24/11/97 and the cross-appeal as they raised complaints against the dissenting judgment. Having considered the remaining grounds of appeal the learned Judges of the High Court allowed the appeal and set aside the majority with a dismissal order of the Plaintiff's case before the trial Court.

Aggrieved by the High Court's decision, the Plaintiff/Respondent appealed to the Abuja Division of the Court of Appeal (Court below). After reviewing the whole case, the Court below allowed the appeal and set aside the judgment of the High Court. It restored and affirmed the majority decision of the trial Court.

Dissatisfied further, the Defendants/Respondents/Appellants filed their Notice of Appeal to this Court.