This is an appeal against the decision of the Court of Appeal, Port Harcourt Division delivered on 13th of June, 2002. The process that culminated into this appeal before us started at the High Court of Mbaise, Imo State. The Appellant in this Court was the Plaintiff in that Court, and the parcel of land which he was claiming against the Respondents is called 'Odunkwu Nwokorobia", situate in Umualim Ikenga Eziudo Aboh Mbaise. The Plaintiff traced the history of the land in dispute to himself in his statement of claim and claimed therein as follows:-

After pleadings were ordered, and the Defendants refused/or neglected to file their statement of defence, the Plaintiff sought for judgment to be entered in his favour, but the learned trial Judge insisted that he would hear oral evidence. Meanwhile the Defendants sought and obtained an order of extension of time to file their statement of defence. In their joint statement of defence, the Defendants denied most of the claims in the statement of claim, alleging that the land in dispute forms part of a land "Ukpabi", and not "Odonkwu Nwokorobia', and the land was pledged to Iwundu Ashiru by Nwokorobia. According to the Defendants the land in dispute was from time immemorial owned and possessed by the Ogide family from whom the Defendants inherited the land, Ogide being their ancestor. The land was pledged to Onuoha Nwachukwu Agunkwo of Umuwada Onicha, and the Defendants sought to redeem it.

Both sides to the litigation adduced evidence. The learned trial Judge appraised the evidence before him, considered the address by learned Counsel, and at the end of the day found in favour of the Plaintiff.

The Defendants were aggrieved by the judgment, and so appealed to the Court of Appeal. The Court of Appeal set aside the judgment of the trial Judge.

Also aggrieved by the judgment of the Court of Appeal, the Appellant appealed to the Supreme Court.