The Appellants as Plaintiffs had instituted an action against the Respondents as Defendants claiming some declaratory and injunctive reliefs. In their further amended statement of claim, the Plaintiffs pleaded that they were from Otari village of the Abua clan; and that the said Abua clan had from time immemorial been governed by a king or head chief known as and called Oda Abuan who had his seat at Otari village. It was pleaded that succession to the title had always been hereditary and restricted to the Plaintiffs' Agba family. Obunge, from Plaintiffs' Agba family who reigned till 18/3/27 had on 2/12/1896, signed a treaty with the British Crown. Each village in the Abua clan is administered by a village head known as Uwema. The Uwema is assisted by a juju priest. The Uwemas and their juju priests carried out the orders of the king or Oda Abuan. The Oda-Abuan had a prime minister who hailed from Otari village. The office of the prime minister is also hereditary. The British crown paid annual subsidy to king Obunge till lie died; and even after his death, his children got such subsidy. By the Abua tradition, the Oda-Abuan had a juju priest who performed all sacrificial rites as directed by the Oda Abuan. Neither the prime minister nor the juju priest to the Oda Abuan could become the Oda Abuan. During the reign of king Obunge, Chief Amiofori was his prime minister while Ogida was his juju priest. Ukwu, 3rd Defendant's grandfather was the son of Ogida. He became a member of the native Court and like his father before him became a juju priest and married one of the daughters of king Obunge, the Oda Abuan. Under Abua tradition, no juju priest could become Uwema or village head.

The 3rd Defendant was the grandson of Ogida, a juju priest to Oda Abuan. About 1930, the 3rd Defendant falsely represented to the then District Officer, Mr. Talbot that he was a priest king. King Obunge died in 1927 and was succeeded by his son King Oyaghiri Obunge who died on 11/5/31 having reigned for 3 years. On 19-3-77, Chief Kale Obunge became the Oda Abuan. The 4th Defendant was never a chief in the Abuan clan. It is not in accord with Abua custom and tradition for someone who was not previously, a chief to be appointed the Uwema of Ogbo-Abua. The 3rd and 4th Defendant were the descendants of Ogida who had been a juju priest. The Tamuno committee which was set up by the 1st Defendant to grade chieftaincies erroneously accorded recognition to the title of Uwema Abua. Between 1931 and 1977, the 3rd Defendant manipulated the colonial administration into accepting that the 3rd Defendant's family was the source of the kingship.

Both parties called witnesses and tendered several documents in support of their respective cases. The learned trial judge dismissed the Plaintiff's case. The Plaintiffs' appeal to the court appeal was dismissed. Plaintiffs further appealed to the Supreme Court.