The property in dispute originally belonged to Teko Adelanyi who had a head lease for a term of 67 years from 14 September, 1939. He later sold it to Madam Otomewo as shown by Exh 15.

Appellant was a tenant in the property at the time ownership and possession changed hands.

After Madam Otomewo's death, appellant wrote to Moses Otomewo (an administrator of the deceased's estate) explaining his inability to pay his rent which was in arrears. Appellant sued Moses Otomewo claiming that the disputed land belongs to the children of Teko Adelanvi. The said Moses Otomewo died before Judgment was delivered. He was replaced by Chief Etuntuya, the present respondent.

Trial court dismissed appellants claims or grounds that he has no locus standi. The court also gave Judgment in favour of the respondent in respect of the respondent's counter claim for title to the disputed land but refused the claim for recovery of possession from the appellant on grounds of unsatisfactory evidence.

Appellant dissatisfied, appealed.