There are three parties in the proceedings representing three families. The plaintiffs represent the Eledi Atala family, the 1st to 4th defendants represent Atelefobaoloja (otherwise known as Itele) family, while the 5th and 6th defendants are representatives of the Odota family.

Plaintiff’s state that their ancestor owned the land in dispute whereupon he used some and made grants of some to others, including Odota, the ancestor of the fifth and sixth defendants.

It was the plaintiff’s case also that the 1st to 4th defendants have no title, right or interest over the land.

Defendants in turn claimed that the ancestor of the 1st to 4th defendants was the original owner of the land, who made grants of it to other persons including the ancestor of the fifth and sixth defendants and the ancestor of the plaintiffs. They also pleaded estoppel per rem judicatam founded on a previous suit.

It was held that the plaintiffs were entitled to the declaration

Both sides appealed to the Court of Appeal which dismissed the appeal and the cross-appeal and affirmed the judgement of the trial court.

Defendants further appealed to the Supreme Court.