The appellant of the lower court had traced his title to one Agbolu, said to be the first settler on the land in dispute. Agbolu (Eme's Son) had three sons, one of whom was Ihe. The latter's landed property had been shared amongst the three sons and the land in dispute formed part of Ihe's share and he was the ancestor of the appellant through whom he inherited the land in dispute. Appellant was also the present head of the family.

In 1975, AGIP (Nig) Ltd who had interest in the land were asked by the appellant and his family to survey the land and to produce a deed of conveyance concerning same. Consequently, the Ihe family conveyed the land absolutely to the appellant in his personal capacity and the deed was duly registered. This was admitted as exhibit 'D' at trial. In his oral testimony, however, the appellant stated that the deed was only made for the purpose of receiving compensation from AGIP and that the title in the land still vested in his family. It was when AGIP were about paying the compensation that the respondent went onto the land to bulldoze.

Respondent claimed that Eme was the common ancestor of the people of Rumueme and that the common ancestor of Rumueme was Ebara. A brother of Ebara (Ozuruha) was the one who fought and conquered the original betters of the present settlement known as Rumuemo and Obio.

The first son of Ebara was Kpakani who founded Rumulepakani. Respondent is a descendant of Kpaleni and the land in dispute is Rumukakani farmland. Further that AGIP approached him for permission to build their access Road through the land and Rumueme council of Chiefs (which he heads) granted the request which he conveyed to AGIP. Also that the Rumukpakani people have no boundary with the appellant who is not even a native of Rumueme no boundary with the appellant who is not even a native of Rumueme and that his father was a migrant from Bonny.

The trial Judge dismissed the appellants claim. Dissatisfied, he appealed