The plaintiffs brought this action in the High Court against the defendants, claiming an order for partition of landed property in dispute. Both the plaintiffs and de¬fendants descended from a common ancestor and the house and landed property, the subject matter of this action, originally belonged to the ancestor. The fact that the property in dispute was family property, was not raised in the statement of defence. The defendants however contended that they had been wrongly sued in their personal capacity. After reviewing the evidence, the trial Judge held that the plaintiff was entitled to the order sought.

The appellants appealed to the Federal Court of Appeal, which dismissed the appeal. They thereupon appealed to the Supreme Court.