The defendant, who is the appellant in this appeal, by a Conveyance (tendered in evidence as Exhibit C and dated 12th October 1966), sold and conveyed a parcel of land, situate in Benin City, of which she alleged was seized "in fee simple in possession free from incumbrances", to the plaintiff/respondent in consideration of a sum of £245. She described herself, in the Deed of Conveyance, as the "beneficial owner". The plaintiff proceeded to develop the land and to make improvements thereon in the course of which he was challenged by a third party (one Uwensuyi Edosomwan) who laid claim to title to the land - a title which he later successfully established in court, leading to the dispossession of the plaintiff of the piece of land. The plaintiff in turn took action against the defendant claiming as follows:

'The Plaintiffs claim against the Defendant is for the sum of £2,066:l9:8d (Two thousand and sixty-six pounds, nineteen shillings and eight pence) and £100 (One hundred pounds) being special and general damages respectively for breach of covenants for title contained in and quiet enjoyment implied in a Deed of Conveyance dated 12/10/66 of a parcel of land and made between the Defendant - Madam Jarin Robinson on one part and the Plaintiff - Josiah Oswald Omanigbuan Imana - on the other part.

The said pared of land situates in Ward 23L, Benin City within the Benin judicial Division."

The case came for determination in the Benin High Court before Ogbobine, J. In a careful and particularly well considered judgment Ogbobine J. dealt with the issues of fact and law and entered judgment for the plaintiff against the defendant for special damages only, and costs.