The respondent sued the appellants at the Customary Court claiming customary right of occupancy in respect of a parcel of land called Ezemba Nnamani Compound, Nara and nullification of survey map of land made in 1978.

A Declaration that:-

The Customary Court dismissed the respondent's claim. The respondent gave oral notice of appeal and was ordered to deposit the sum of N100.00 with the registry as a condition of appeal.

The respondent subsequently filed a formal notice of appeal and paid the deposit of N100.00 even though he was out of time and did not ask for extension of time of file the notice of appeal or pay the deposit.

The appellants by a motion prayed the High Court to strike out the appeal in view of the respondent's failure to pay the deposit within the statutory period.

The trial court in its ruling granted the motion and the matter was struck out.

The respondent then filed a motion to relist the appeal and he did so without praying to regularise the payment of the deposit by extension of time.

The motion to relist was heard by another judge who granted same and the appeal was accordingly relisted.

Dissatisfied with the ruling, the appellants appealed to the Court of Appeal. The respondent raised a preliminary objection as to whether the appeal involved question of law or question of law and fact and contended that since the appeal involved question of mixed law and fact, the appellant ought to have obtained leave to appeal.