This appeal arose out of two consolidated suits in the High Court of former Bendel State which went on appeal to Court of Appeal, Benin Branch. The two suits were first heard at Kwale but for reasons not found in the record, and not explained in this Court, the matter was transferred to Ugwachukwu Division of the High Court, on the very date the Kwale High Court was to deliver judgment in the matter.

The Respondents herein were the Plaintiffs in the consolidated suit while the Appellants were made the Defendants. The Plaintiffs called the land in dispute "Agwe Umuofu" and the Defendants called it "Agwe Udema". But the land is the same; there is no dispute as to its identity. In the course of trial at Ogwachukwu the Respondents intermittently called the same land "Agwe Utchi" and in a motion amended their claim to include declaration of title. Thus the Plaintiffs claimed:

The Appellants represented by Chukwuma Ezekude are descendants of one Udema of Umuatake village, Akili (also known as Akili-Ogidi) now in Anambra State. This much is admitted by both parties. The Respondents (Plaintiffs) relied on traditional history, acts of possession and ownership; they also claimed not only use by them of the island but also acts of granting rents and fishing rights from time immemorial.

The Appellants on the other land claimed absolute ownership of the land from