The respondents’ case, qua plaintiffs in the trial, was that the Okorobo land being disputed and, delineated in the survey plan No. ASNL/R.26/LD, (Exhibit D), belong to them in title. The founder of and the first to settle on the land was Chief Ikuru, their ancestor and predecessor-in-title. Chief Ikuru was a native of Ngo in Andoni.

Chief Ikuru had migrated eastwards, sailing on the “Okwuon-Aja River” to a land called “Anyanama”. He founded a settlement there. He settled thereon. By 1845, Chief Ikuru extended his newly found land or settlement in “Anyanama” westwards to the land, now, known as Ikuru Town.

In the exercise of his act of ownership, Chief Ikuru, granted one Chief Obomanu a portion of the land in dispute. That parcel is shown on Exhibit D, thereon verged “oval pink”.

Chief Obomanu was a native of Opobo. He fled Opobo following a family quarrel between him and King Jaja of Opobo. The portion of the “Okorobo” land granted to Chief Obomanu was, later, ceded to Queen Victoria of England. It has become known, presently, as Queens Town.

Chief Ikuru, similarly, granted some portions of the land in dispute to Chief Sunju Dappa and one Mr. Okpukpara respectively. Chief Sunju Dappa and Okpukpara were natives of Opobo. But during the Nigerian Civil War, Mr. Okpukpara’s descendants vacated the portion of the land in dispute granted to their ancestor. It is that portion of the land in dispute, vacated by the Okpukpara descendants that, the appellants, now, occupy. They, now, lay a claim to the ownership of and title in that portion of the land. The land in dispute, according to the respondents, had descended from their ancestor Chief Ikuru successively to Chiefs John Ikuru, Johnson Ikuru and Eric John Ikuru.

Chief John Ikuru during his life cultivated the land in dispute with some cocoa. He granted concessions to some Andoni fishermen to make use of the land in dispute.

Again, during the Nigerian Civil War, in 1968, 31st March, the appellants fled Okot-Inyong Ogwenwe, their home of origin. Chief Eric John Ikuru, the respondents’ ancestor and predecessor-in-title, allowed the appellants to settle, temporarily, on the land in dispute as customary tenants. The appellants’ representatives who approached Chief Eric John Ikuru to ask for the site to live on, included Chief Alphaesus Iso, Samuel Idasingo (P.W.4), and Benjamin Ekere. But when the civil war ended, some of the appellants left the land in dispute for good. They returned to the place of origin. Others remained behind on the land in dispute. They, even, refused the written invitation by their kinsmen to return home.

It was part of the case of the respondents on the pleadings, that some of their ancestors, successfully, contested some court cases in respect of the land in dispute against some of their Opobo tenants. One such case was suit No. 79/51. It, finally, terminated on an appeal to the West African Court of Appeal, (WACA). Now, the respondents were paid some monetary compensation by the Shell B.P. dug a canal on the land in dispute to connect Okolo-Ofatobpo. The appellants were, however, allowed to receive from the Shell B.P. some compensation for their damaged crops, only, on the land in dispute. Dissatisfied, the appellants challenged and questioned the respondents’ right to a compensation for the land. They (appellants) laid a claim to the title and ownership of the land in dispute in the “Nigerian Tide” newspaper publication of the 3rd of July, 1979 issue. Hence, the action by the respondents against the appellants.

However, during the pendency of the action in court, the Andoni Council of Chiefs applied to the trial court to be allowed to settle the dispute between the parties, amicably, out of court. The suit was, therefore, withdrawn from court. The Andoni Council of Chiefs was headed by Chief Abadi-Asuk of Asarama. The council heard both parties. It made a decision. Its decision was in the favour of the respondents. They came back to court.

Appellants claimed that the land in dispute formed part of the Andoni mainland and that both the respondents and themselves are beneficial owners of their respective portions of the mainland.

They claimed that the disputed land belonged to their ancestor and predecessor-in-title called Chief Nteogwuija who was according to them the first settler on the disputed land. They however led evidence to show that the two names belong to one and the same person. They traced also the history of how the land descended from their ancestor to their present generation. According to them, it was their ancestor that granted the disputed land to the ancestor of the respondents. They said that it was also their ancestor that gave name “Okorobo” to the disputed land. It was their case that they had lived in the disputed land from time immemorial.

After hearing the matter, the trial court found for the respondents and awarded their main claims but did not go further to specifically award in their favour the customary right of occupancy. The appellants were not satisfied with the outcome of the case. They appealed to the Court of Appeal.