In the course of the hearing to pursue these claims at the trial High Court, the Appellant called 3 witnesses who gave evidence on its behalf while the Respondent testified in his own defence and called one other witness. The Plaintiff/Appellant's case was that in 1972, leased property at No. 25 Aba Road Port Harcourt from the Defendant/Respondent for the term of 30 years. The property was used as a supermarket and a warehouse. However, during the currency of the term of the lease, the Defendant/Respondent sued the Plaintiff/Appellant before a Rent Tribunal in 1992, claiming possession of the property which relief was granted by the Tribunal on 4/10/1993. On the orders of the Tribunal, its judgment was executed the same day against the Plaintiff/Appellant resulting in destruction of properties and causing heavy losses of business, profit and goodwill.

On the part of the Defendant/Respondent however, he denied leasing the property for 30 years to the plaintiff/Appellant. He claimed that the Plaintiff/Appellant was a yearly tenant whose tenancy was duly determined by a notice to quit. The action instituted at the Rent Tribunal was to claim possession of the property at the expiry of the notice to quit and judgment was given in favour of the Defendant/Respondent on 30/9/1993 which was executed on 4/10/1993 without causing any damage to property.

After hearing addresses from the learned counsel, the learned trial Judge delivered her judgment on 26/9/1996 in which she refused and dismissed all the claims of the Appellant as Plaintiff.

Aggrieved by the decision of the trial High Court, the Appellant appealed. The Court of Appeal allowed the appeal but declined to wade into the complaint of the Appellant on damages as that complaint was not supported by any ground of appeal.

The Appellant appealed to the Supreme Court.