Respondents claimed against the appellant a declaration that they are entitled as owners in possession to the customary right of occupancy in respect of the piece or parcel of land known as "Ukpuno Ejiogu".

The appellant by a notice of motion contested the jurisdiction of the trial court to entertain the respondents claim as the land in dispute was in a rural area.

The court dismissed the appellant's objection.

Dissatisfied, the appellant appealed to the Court of Appeal.