Appellant had argued that his predecessor-in-title was granted the disputed land to which the Oba of Benin also gave his approval vide "Exh B" on 20/5/63. Respondents however said the grant to his predecessor-in-in-title received the Oba's approval much earlier i.e.16/5/63. While the appellant produced a plan (Exh E) and therein identified the land in dispute as a triangular place of land verged pink, the respondent tendered a plan (Exh Fl) identifying the land as triangular but yellow.

The trial court dismissed the appellant's claim. It rejected the evidence of the appellants licensed surveyor (Pw 2) who made Exh E because, according to him, PW 2's evidence conflicted with his earlier evidence (Exh F) given before another Judge. Appellant appealed.