By a writ of summons issued at the High Court of Justice of the now defunct East Central State of Nigeria, Amawbia/Awka Judicial Division, the Plaintiffs/Appellants for themselves and on behalf of the Umu Muora family of Eziagu village, Aguluezechukwu instituted an action against the Defendant/Respondents jointly and severally, for themselves and on behalf of the Umu Ohuekwe family of Eziagu, Aguluezechukwu claiming as follows:

Pleadings were ordered in the suit and were duly filed and exchanged.

At Trial the parties testified on their own behalf and called witnesses. Each side led evidence which showed that it relied on traditional history, acts of ownership and long possession and presumptions based on the provisions of Sections 46 and 146 of the Evidence Act to establish its claim of title to the land in dispute.

Plaintiffs/Appellants also pleaded and testified that in 1931 one Okeke Ibeanu, the 1st Defendants'/Respondents' father trespassed on the Plaintiffs'/Appellants' "Ana Owele" land and was promptly sued to Court by one Ezeokonkwo, the 1st Plaintiff's/Appellant's father, claiming possession and damages for trespass at the Mbamisi Native Court in case No.181/31. The Plaintiffs/Appellants relied on the judgment of the Court of the said suit which was tendered and marked as Exhibit B. The Defendant/Respondents claimed that suit No.181/31 did not at all concern the land now in dispute and that the judgment in that case was not final and was in any event res inter alios acta.

The Trial Judge found for the Defendants/Respondents and dismissed the Plaintiffs/Appellants claims.

Dissatisfied with the judgment, the Plaintiffs/Appellants appealed to the Court of Appeal, Enugu Division which Court in a unanimous decision dismissed the appeal and affirmed the judgment of the Trial Court.

Dissatisfied the Plaintiff/Appellants appealed to the Supreme Court.