Respondent (Plaintiff) sued appellant (in the customary court) claiming declaration of title to the customary right of occupancy over a large parcel of land situate at Oyibo or Obigbo in Rivers State; five thousand naira damages for trespass and perpetual injunction restraining the appellant from further acts of trespass.

Appellant brought an application before the High Court of Rivers State for a writ of certiorari to challenge the jurisdiction of the Customary Court. The High Court disallowed the application and dismissed same. Dissatisfied with the ruling of the High Court, the appellant appealed to the Court of Appeal.