By a writ of Summons issued in the High Court of Kwara State holden at Ilorin the plaintiff for himself and on behalf of the Galadima family of Gegele sued the seven defendants above claiming a declaration that the sale of portions of the family land by the 1st three defendants to the other four defendants be declared null and void. Pleadings wee ordered, filed and exchanged. By paragraph 23 of the Statement of claim the plaintiff claimed as hereunder:

The defendants filed a joint Statement of Defence. At the trial of the action evidence was led on both sides and after addresses by learned counsel for the parties, the learned trial Judge in a reserved judgment found for the plaintiffs and set aside the sales by the 1st to the 3rd defendants of portions of the family land to the 4th to 7th defendants. He found as a fact that the land in dispute, portions of which were said to have been sold by the 1st to the 3rd defendants to the 4th to 7th defendants belonged to the Galadima family. In lieu however of an award of damages against the 4th to 7th defendants for trespass, the learned trial Judge ordered that they give up possession within three months of the date of the judgment. The appellants appeal to the court of Appeal was dismissed and they further appealed to the Supreme Court.