Both parties traced their root of title to a common ancestor. There was also a previous action between the two.

Appellants placed reliance on the previous proceedings and tendered it as an exhibit.

Respondent’s argued that the previous proceeding had already determined the present action while the appellants maintained that it dealt with a completely different parcel of land.

The trial Judge admitted in evidence the inspection notes in the previous case and relied on it to identify the land in dispute thereby giving judgement in favour of the appellants.

Respondents appealed to the Court of Appeal which reversed the High Court’s judgement.

Appellant appealed to the Supreme Court.