In the Area Court of Plateau State, sitting at Barakin Ladi, the respondent sued the appellant for a parcel of farmland which, according to the respondent’s grandfather. The evidence led by the respondent was that the farmland belonged originally to his grandfather after whose death his own father inherited it. He, the respondent, inherited it from his father after the death of his father. The appellant, who was the defendant in the trial Area Court, alleged that the farmland belonged to his own family but that his family pledged it, under native law and custom, to the family of the respondent.

The trial area court after evaluation of the evidence led by both parties and the inspection of the farmland in dispute, accepted the traditional evidence led by the respondent and declared him to be the owner of the farmland. Aggrieved by the judgement of the trial area court, the appellant appealed to the customary court of appeal. The main complaint was that the appellant was not given a fair trial contrary to section 33 of the constitution of the Federal Republic of Nigeria, 1979, as the trial Area Court did not protect the appellant and his witness who were allegedly threatened by the respondent. The Customary Court of Appeal found, inter alia, that the allegation was not proved or established. The court held that the evidence given by the respondent and his witness was consistent and that it was not contradictory. As for the appellant, the customary court of appeal held that the respondent, having discharged the initial burden, the appellant failed to prove that the land was pledge by his family of the respondent. The appeal was, therefore, dismissed.

Dissatisfied with the judgement of the Customary Court of appeal, an appeal was lodged.