This Appeal arose from the decision of the High Court of Rivers State (Ndu, J) by which judgment was entered for the present respondents (then and now referred to as "the plaintiffs") against the present appellants (then and now referred to as “the defendants") in the following terms:

That court also dismissed the defendants' counter claim. The defendants not being satisfied with the decision, appealed to the Court of Appeal which in a unanimous decision dismissed their appeal and confirmed the decision of the High Court. The plaintiffs' claim was substantially in terms at the declaration granted them by the High Court. The suit was, apparently, to render more certain the identity of the subject matter of the judgments in their favour granting them title to the lands claimed by them against the defendants in actions instituted by them in the Oloibiri Native Court suits Nos. 17/58 (Exhibit P3) and 18/58 (exhibits P4), ("the Native Court suits”). They had sought to do this by obtaining declarations of right to customary right of occupancy based on ownership of the land litigated upon in those suits tied to a plan.

The High Court held that by virtue at the judgment in those suits the defendants were estopped from reopening the issues of title that have been determined in those suits an struck out the paragraphs in the defendants' pleadings relating to the title. As against the defendants counter-claim he held that the plea of res judicata was rightly raised. The Court of Appeal, upheld that decision.

After the filing of pleadings and trial, the High Court dismissed the appellant's case. His appeal to the court of Appeal having been dismissed, the appellant appealed to the Supreme Court.

In the Supreme Court, the appellant raised for the first time the issue of the failure of the respondents to comply with sections 19 and 20 of the Auctioneers Law Cap 12 Law of Anambra State. However, no leave of court was sought or obtained before the issue was raised.