Respondent sued the appellant in Ozubulu Customary Court claiming a declaration of title to and ownership of piece of land and an injunction in respect of the same piece of land.

Appellant admitted that the respondent had possession of the land but argued that the land was pledged to the family of the respondent by the appellant's family.

The Customary Court dismissed the claim of the respondent and awarded title to the appellant even though the appellant did not counter-claim.

Respondent appealed to the High Court which allowed the appeal and set aside the judgment of the Customary Court.

Dissatisfied with the judgment of the High Court, the appellant appealed to the Court of Appeal.