In the Area Court, Grade 1 of Ron/Kulere sitting at Bokkos in Plateau State, the plaintiff, now respondent, brought an action against the defendant now appellant, claiming the recovery of a piece of farmland which the plaintiff alleged that the defendant borrowed from him about fifteen years ago. Judgment was given against the defendant who appealed against the decision to the Customary Court of Appeal of Plateau State. The appeal was allowed and the decision of the Area Court was set aside. The plaintiff then to the Court of Appeal.

The defendant filed a notice of preliminary objection challenging the jurisdiction of the Court of Appeal to hear the plaintiff’s appeal pursuant to the provisions of Section 224 of the Constitution of the Federal Republic of Nigeria 1979.

The Court of Appeal struck out certain grounds of appeal but grounds 3 and 4 were held competent as raising questions of customary law.

Appellant was dissatisfied with the ruling of the Court of Appeal, appealed the Supreme Court.