The plaintiff/respondent and the 1st and 2nd appellant are brother and sisters of full blood while the 3rd appellant does not seem to be interested in to appeal. She was "summarily discharged" by the Customary Court since the plaintiff/respondent made no allegation against her. The appellants are all married and apparently happy with their respective husbands. The said property was inherited by the respondent on the death 1st and 2nd appellants however, in spite of their marriage and living peacefully with their respective husbands still occupy the said property. The respondent therefore brought the claim in the Customary Court, in effect, to eject the 1st and 2nd appellants from the property.

The Customary Court found for the respondent. The appellants' appeal to the High Court was dismissed. They further appealed to the Court of Appeal arguing that the trial Customary Court lacked jurisdiction to entertain the suit since the property is situated on a land subject of statutory right of occupancy for which only the State High Court had original jurisdiction to entertain.