Respondents contended that in 1959, the appellant (member of Okpera Community) made a customary grant of a large tract of land called 'Offia Okaji' to him for the purpose of cultivation. In consideration for the grant, under native law and custom, he paid a lump sum of E70 plus a sum of N20.00 payable yearly from the 9th year of occupation. He further claimed that in 1964 he was granted an additional portion for a further consideration of N60.00. He then developed the tract of land into a modern farm. Further, he claimed he paid the yearly sum of N20.00 up to 1974 when the appellants refused to accept same based on the pretext that the customary tenancy had expired in 1969, respondent stated that he tendered the accused rents publicly between 1975 and 1978 and appellants refused same.

Following the Land Use Act of 1978, appellants apparently conspired with the Local government to divert the respondents of his interest in the land. Thus the local government in July 1979 issued a notice (Exhibit 8) prohibiting the respondent and members of the appellant's community from entering the land. It then issued temporary occupation licences to farmers on payment of N1.25 per hectare to it. However, exhibit 8 was later rescinded by another notice (exhibit a). Thereafter, appellants forcibly took control of the tract of land.

Appellants contended that the customary grant was for a specific term of 8 years and thereafter from year to year. They claimed that the respondent had defaulted in paying the reserved annual dues and they rightfully terminated the grant. They tendered an agreement dated 15th October between the parties (exhibit 3). They denied making another grant to respondent in 1964. They admitted going to the land but stated that they had paid the N1.25 per hectare to the Local Government who put than there.

Trial court found in favour of respondent. Appeal court affirmed this decision. Appellant went to the Supreme Court.