The Appellant and two others were convicted by the High Court of Ondo State and sentenced to death for the murder of Maria Joseph Erhiyore" (deceased). Her body was found in a pit latrine behind the house of one Francis Omosaye, three days after she left Okitipupa for Ode-Erinje on 2/6/1995, to buy palm oil.

The parties filed and exchanged pleadings after which the case after passing through the hands of some Judges came finally to be heard by Uwaifo J (as he then was). On 11th May, 1987, the trial Judge gave judgment in favour of the Plaintiffs. He granted the reliefs claimed by the Plaintiffs including an award of four hundred Naira as damages for trespass.

The Defendants were dissatisfied with the judgment. They brought an appeal against it before the Court of Appeal, Benin Division (hereinafter referred to as the 'Court below'). The Court below in its unanimous judgment on 7th July, 1995 allowed the appeal. The judgment given by the trial Judge was set aside and the case was ordered to be retried.

The Plaintiffs were dissatisfied with the judgment of the Court below. They have brought this appeal before this Court.