Appellant (as representative of his family) sued the respondent claiming that the land in dispute is the communal property of Umugo kindred.

According to him, the kindred had exercised ownership over the land and later pledged it to one Mgbeahuru of Amaekpu.

Appellants late father was said to have redeemed the land from the pledge in 1946 and held it until 1954 when he then pledged it to another person. This was redeemed in 1962. Between 1962 and 1963, the late Nwaoch pledged the land to the respondent for N200.00.

In 1975, after the former's death, when an attempt to redeem the land was made, the respondent claimed that the land was on a Customary Lease to him for 99 years.

The respondent said that all the time the deceased was the owner in possession of the land in dispute but that the deceased had converted the initial pledge to a customary lease for 99 years and the transaction was immediately reduced into writing in a memorandum of agreement, that all parties were bound by the Ngwa Native Law & Custom.

The trial Judge held that it had not been proved that the land in dispute was ever pledged by Umugo kindred or thereafter redeemed by the appellant's father for the kindred.

It was further held that the transaction between the parties was a customary lease for 99 years and not a pledge. He dismissed the appellant's claim.

An appeal was then lodged against the Judgement.