The appellants brought their suit as the representatives of Amaeze Ohafia Oduma Community. They pleaded that their ancestors first settled on the land and that over the years, the land in dispute has descended in succession through their different ancestors until finally falling in the possession of the present appellants. The diverse acts of possession pleaded included farming on the land, installation of their juju shrine called "Ngwobe Ofia" on it, letting the land to customary tenants and granting rights to persons to fell timber therefrom. It was pleaded that on or about June, 1975, the respondents and their agents broke into the said land and committed thereon several acts of trespass. It was this that prompted the appellants to bring their action. The Respondents in their Amended Statement of Defence raised a plea of estoppel per rem judicatam.

It is upon the facts so pleaded and the evidence led by the parties that the learned trial Judge upheld the claims of the appellants. It must also be noted that the respondents by their pleadings raised the plea of estoppel per rem judicatam to the effect that there is a binding judgment of the Mburubu Native Court Exhibit C, in respect of the land in dispute and between the same parties, the learned trial Judge however decided that plea was not established by the respondents. This is despite the fact that the appellants did not file a reply to that averment of the respondents.

The respondents were dissatisfied with the judgment of the trial court and they appealed to the Court of Appeal. The Court of Appeal allowed the appeal by upholding the plea of estoppel raised by the respondents and dismissed the appellants' claim.

Dissatisfied, the appellants appealed to the Supreme Court.