The plaintiffs' case at the lower court was that the land in dispute had, from time immemorial, belong to the plaintiffs' families. Sometime in 1976 the family leased the land to Bendel Steel Structures Limited for 50 years from 18 February, 1976 for agreed sums of money set out in the deed of lease admitted as Exhibit 2 at the trial. The lessee company paid N196,000.00 as the agreed rent for 2 years, the receipt of which was acknowledged in the deed of lease. However, the same land was acquired for public use with effect from 1981. The gazette publication to that effect was admitted as Exhibit 10.

The appellants' case was presented by their surveyors (P.W.1) and Paul Kevwe (5th plaintiff). The surveyor commissioned by the appellants testified as P.W.1. He merely tendered the survey plan he prepared on the instruction of the appellants. The main witness that presented the appellants case was the 5th plaintiff/appellant, Paul kevwe. His evidence was as already stated above. But he went further to say that when the Bendel Steel Structures Limited failed to pay the rent due as agreed in the deed of lease, the appellants re-entered the land and resumed farming thereon. He claimed that they planted the various crops which the witness now said were bull-dozed by the respondent. The present claim was for the value of the crops said to have been destroyed. He said further that the plaintiffs denied knowledge of the acquisition published in the gazette (exhibit 10) or that they ever received any compensation in respect of the acquisition. He said further that the plaintiffs were introduced to the Bendel State Structures Limited in 1976 by one Mr. B.B. Bakpa and that the man played a prominent role in the negotiations that eventually led to the execution of the deed of lease (Exhibit 2).

The man (5th plaintiff) also told the court that it was on the advice the plaintiff received from the same Mr. Bakpa that the plaintiffs decided to re-enter the land and started planting their crops which he said were destroyed by the respondent sometime in 1982. He said he was not a signatory to the deed of lease (Exhibit 2) but that someone else signed on behalf of his own family. He concluded by saying that all those that signed the said document had died.

Mr. B.B. Bakpa referred to by the 5th plaintiff, however, testified for the defence as D.W. 2. He confirmed in his evidence that he was involved in the negotiations that led to the execution of the deed of lease (Exhibit 2). He also told the court that after Exhibit 2 had been executed, the Bendel Steel Structures Limited engaged his services to bull-doze the entire land in question. Therefore the company fenced the land. He also confirmed that the same land was later acquired for public use and that the acquisition order was published in the gazette (Exhibit 10). He denied that all the signatories of the deed of lease were dead. He in fact identified two of the signatories then present in court to the learned trial Judge. He also denied that the appellants had any crops on the land as at the time the land was acquired.

The learned trial judge, after reviewing the evidence led by the parties; came to the conclusion in his reserved judgement, that the plaintiffs failed to prove their case. He accordingly dismissed the case with N1,500.00 costs.

Aggrieved, the appellants appealed to the Court of Appeal.