Plaintiff sued for a declaration of title of ownership in fee simple to a parcel of land, damages for trespass an order of perpetual injunction.

Both parties pleaded that title was originally in a common vendor.

Plaintiff had stated that through an agreement dated 20/12/72 one S. (deceased) sold the land in dispute to one E (the plaintiffs' predecessor-in-title) for N1,600.00 and thereafter he was put in possession thereof.

He averred that by virtue of a purchase receipt dated 17th October 1973 E sold the property in dispute to him for N2,000 and put him possession thereof.

He claimed that he built a shed on the land and that on 5th November, 1973 he applied for and received through the Ward 'A' Allocation Committee, Benin City, the approval of the Oba of Benin in writing on 1st July 1974 after which deed of conveyance was duly executed by the Oba

Defendant admitted unequivocally the averment by the plaintiff that E was common vendor to both parties but stated that he had obtained prior title, right, interest and possession from the common vendor to the land in dispute by his own customary approval from the Oba dated 18th October 1973 and that after clearing the land the Oba formally conveyed it to him on 7/11/73.

The trial Judge held that the plaintiff had good title. He therefore granted the plaintiff all his prayers.

The Court of Appeal held that the trial court ought to have given judgement to the defendant as he clearly showed from Exhibits and his testimony as well as his witness, that the defendant bought the land in dispute from E, and had obtained the Oba of Benin approval before E purported to sell the land to the plaintiff. They allowed the appeal and dismissed the plaintiff's case.

The plaintiff appealed to the Supreme Court.