Appellants (members of Oweuwen community of Delta State) instituted an action against the Respondents claiming the sum of N500,000.00 as general damages for negligence resulting from damage done to the only road leading from the village to Ughelli - Agbarha Road.

Appellants claimed that while respondents were laying pipes across the road dug a deep trench across to road but after laying the pipes, negligently filed it up and left part as a valley into which all rain water was amassing. This made the road impossible to pass thereby creating difficulty for community members to pass through to their farms.

Appellants contended that the damage caused to the road paralysed economic life in the community from December 1979 to the time of filing the action. Respondent denied the claim.

The trial Judge found the respondent liable in negligence and awarded N200,000.00 as general damages plus costs. Respondent appealed where it raised the competence of appellant's action. Court of Appeal allowed the appeal and held that the action of the appellants was not properly constituted in that their interest is not common as such they could not sue/or bring a representative action.

Appellants went to the Supreme Court.