The plaintiffs/respondents claimed against the defendants/appellants in the high Court, inter alia, for a declaration that the plaintiffs are entitled to the customary right of occupancy in respect of a piece or parcel of land known as Oron Iyong Anwsi and which piece of land is lying and situated at Ayama, Agana village in the Bonny Local Government Area. The defendants/appellants in their counter claim sought a declaration that they are entitled to the customary right of occupancy of the said piece of land. In proof of their respective cases both parties led evidence. P. W. 2 as the 1st plaintiff under cross - examination admitted that there was a certain Native Court Suit concerning part of the land in dispute. The appellant's case as borne out in their pleadings and particularly in the evidence of D. W. 2 was that the entire Ayamboko village was founded by Okparaeke, their ancestor. It was further contested that the lands they claimed consisted of two distinct parcels and that although founded by Okparaeke, the first person to settle thereon permanently was Anwasi Ikan Anyamboko from whom it took its name Iyong Oron Anwasi. At the completion of trial, the learned Trial Judge in a considered judgement granted all the plaintiffs/respondent's claims and dismissed the appellants' counter claim.

Being dissatisfied, the appellant appealed unsuccessfully to the Court of Appeal. Aggrieved further, the appellant has now appealed to the Supreme Court.