The action itself was commenced Chief Williams Seleya Big Tom, Chief Ibibo Obu Dokubo and Chief Christopher Thompson, for themselves and as representing the Chiefs and people of Abalama Community on March 12, 1979, in the High Court of Rivers State, Degema Judicial Division, Claiming against Chief Jonathan Omoni and nine others for themselves and as representing the Chiefs and people of Tema Community jointly and severally for the following reliefs:-

Pleadings were filed and exchanged. The Plaintiffs (herein Appellants) called three witnesses while the Defendants (herein Respondents) called six witnesses. In a reserved judgment delivered on October 12, 1983, the learned trial Judge (Fiberesima, J.) held that the Appellants were entitled to a declaration customary right of occupancy as claimed. The learned trial Judge in addition ordered the Respondents to refund to the Appellants some money collected by the Respondents in respect of the land from a company. He also made an order of perpetual injunction against the Respondents.

Being dissatisfied with the said decision the Respondents appealed to the Court of Appeal (hereinafter in the rest of this appeal where the context so admits, referred to as the court below). The court below upheld the Respondents' appeal and in consequence ordered a dismissal of the Appellants' claims with costs.

Being dissatisfied with the decision of the Court of Appeal, the appellants appealed to the Supreme Court.