The facts of this case as averred by the 1st plaintiff is that the land in dispute was acquired by him by an application dated 15-12-56 through ward 18/H Allotment Committee, Benin City and that the Oba of Benin endorsed his approval on the application in accordance with Bini Native Law and Custom on 4-2-57 (Exhibit "B"). That after taking possession of the land, he cleared it. He later sold it to the 2nd appellant on 10-3-63 for the sum of ₦100.00. The receipt for the payment of the ₦100 was tendered as Exhibit "C". According to the 2nd appellant, he took possession of the land, cleared and maintained it without interference from anybody until 1971 when the defendant became a member of a new ward 18/H Allotment Committee which replaced the old one and the respondent informed him that the said plot of land had been re-allocated to him. From then the respondent started to harass him and his workers on the land. He filed a survey plan of the plot of land in dispute and it was admitted in evidence as Exhibit "A".

The respondent on the other hand averred that he was a member of the Plot Allotment Committee of ward 18/H between 1959 and 1978. He applied for a plot of land measuring 100 ft by 200 ft. in the area between Iguadala School and the Moat in Uhunmwundunmun Quarters, Benin City and the plot of land in dispute was granted to him with the Oba's approval endorsed on his application dated 29-1-72 in accordance with Bini Native Law and Custom (Exhibit "D"). He took possession of the land and in 1978 challenged a trespass thereon (one Peter Aikhionbare) whom he successfully sued in the Customary Court of Bendel State for declaration of title in 1979. He tendered Exhibit "F"-the proceeding and judgment of the Customary Court. He denied seeing the appellants on the land or destroying any cement blocks on the said land.

The trial court granted the claim of the appellants but on appeal the Court of Appeal reversed the decision of the trial court and found in favour of the respondents.

The appellants appealed against the decision of the Court of Appeal to the Supreme Court.