The action that led to this appeal was commenced by the appellant at the High Court of the defunct Anambra State High Court presided over by Okadigbo J. The appellants had in that action sued the respondents claiming the following reliefs:-

Pleadings were filed, exchanged and amended with the leave of the trial court. Though, the respondents were sued jointly by the appellants, the suit was defended upon two separate statements of defence. The 1st-3rd respondents filed their own statement of defence, and the 4th – 6th respondents also filed their own separate statement of defence.

At the hearing, both sides, i.e. the appellants and the 1st - 3rd respondents, called witness in support of their respective cases. The 4th – 6th respondents offered no evidence at the trial in the High Court. Exhibits were also admitted in evidence in the course of the trial. The case for the appellants was that the land in dispute was communally enjoyed by them and the two sets of respondents until 1943. The appellants claimed that at a family meeting held that year between the parties, it was resolved that the respondents should be the exclusive owner of Achara Ukwu (now Achara Layout in Enugu) and Owerre Agbai lands. And that the appellant, were given to own exclusively Agbirigha and Ogoye lands. In their capacity as owners of the said lands, the appellants claimed that as owners of the said land, which are now in dispute, they enjoyed maximum acts of ownership over them by farming on them reaped economic trees thereon, and leased/let and portion thereof.

The 1st - 3rd respondents denied that no family meeting was held in 1943 with the appellants and the 4th – 6th respondents when lands were shared as claimed by the appellants. They claimed that the appellants as well as the 4th–6th respondents were strangers (Awbias) in Awkunanaw and as such do not own any land in common with the free borns (Amadis), They denied that the appellants exercised acts of possession over any part of the disputed lands. The only land that the appellants is entitled to is the Ugwuaji settlement granted to them in 1928 by the free-borns. The 4th–6th respondents, were according to the 1st-3rd respondents, equally Awbias whom they also granted land.

The 4th – 6th respondents by their pleading, also on their part, denied that the lands in dispute belong to the appellants. They claimed that the lands in dispute were jointly owned by them and the 1st-3rd respondents. Also pleaded was suit No. E/165/71 where it was allegedly held that Achara Ukwu land is jointly owned by the 1st-3rd respondents and the 4th – 6th respondents. With the conclusion of the hearing of evidence, and addresses by learned counsel for the parties, the learned trial judge delivered a considered judgment. By that judgment the appellants" claims were dismissed. Dissatisfied with that judgment, the appellants appealed to the Court of Appeal Enugu Division. They lost again in that court, and have now further appealed to this court, following the leave granted to them.