It is agreed by both parties herein that the Oloto family of Lagos had the radical title to the land in dispute. Plaintiffs traced their root of title, by purchase, through one Bello Bashorun to the Oloto family. The defendants also traced theirs by purchase from the same Oloto family. At the trial, the plaintiffs, tried as they could but were unable to produce in evidence the conveyance by which Bello Bashorun bought from the Oloto family in 1910 a large piece or parcel of land that included the land in dispute.

In spite of this lapse in their case the learned trial Judge gave judgment in the favour holding that the conveyance made by Bello Bashorun in 1920 in favour of Ajigbotinu was more than 20 years old at the time of contract between Ajigbotinu and Mrs. Phillips - the 1st respondent's predecessor in title thus raising presumption envisaged in section 130 of the Evidence Act.

The defendants appealed unsuccessfully to the Court of Appeal and have now further appealed to the Supreme Court.