The Plaintiffs sued the Defendants before an Ikeja High Court claiming a declaration of right of occupancy in respect of a parcel of land, damages for trespass and injunction. In the course of the trial the Plaintiff sought to tender a survey plan of the disputed piece of land. Learned Counsel for the Defendants objected on the ground that the witness through whom it was sought to be tendered was not the maker. The Learned Trial Judge in his ruling refused to admit the plan which was then marked "X" Rejected.

The Plaintiffs appealed against this refusal by a Notice of Appeal dated 31 May, 1990. The Court of Appeal allowed the appeal of the Plaintiffs. But in doing so the lower Court proceeded to set aside the judgment of the Learned Trial Judge delivered on 1st June, 1990 whereby the Plaintiffs case was dismissed for refusing to proceed with the case when called upon repeatedly to do so by the Learned Trial Judge.

On 1 June, 1990 Mr. Lardner S.A.N. sought an order to stay further proceedings pending the determination of the Plaintiffs' appeal to the Court of Appeal. The application to stay further proceedings was refused by the Learned Trial Judge.

Mr. Lardner for his part asked for an adjournment to enable him to make a similar application for stay of proceedings before the Court of Appeal. The Learned Trial Judge refused to grant an adjournment. Rather he asked the Learned Counsel for the Plaintiffs to proceed with his case. Learned Counsel could not. He remained defiant. In consequence the Learned Trial Judge dismissed the Plaintiffs' case in its entirety.