A dispute arose between the appellants and the respondents concerning the control of the Igbo Community, Katsina-Ala in Benue State.

In summary the respondents wanted a declaration that the appellants were not the leaders of the Igbo Community, Katsina-Ala; an order restraining the 1st appellants on the respondents and the Igbo Community in Katsina-Ala as leader and (3) an account of the monies collected by the 1st appellant when he was the leader of the Igbo Community in Katsina-Ala.

The trial court found for the respondents and granted all their claims. The trial court, however did not decide the issue of the competence of the respondents to institute the action in their personal capacities.

Dissatisfied appellants appealed to the Court of Appeal.