Respondent sued appellant claiming to be legally in possession and entitled to statutory right of occupancy over the property known and called 18 Alozie Street, Diobu, Port Harcourt.

THe also prayed for an injunction restraining Helen Obulor (1st appellant/defendant) her servants, agents and privies from acts of trespass on the said property if the declaration he claimed as the person entitled to statutory right of occupancy over the land was granted.

He also claimed arrears of rent, general damages for trespass, loan taken by Madam Obulor totalling N20,000.

Respondent claimed he acquired the property in contention from the original owners, the Obiekwe family of Rebisi and that the transaction was evidenced by a deed of conveyance dated 29/278 and registered in the Registry Port Harcourt as No 133 in volume 5.

Vide a letter dated 18/12/87 the Rivers State Housing Authority (the 2nd appellant) cancelled the conveyance to the respondent and the property was offered to the 1st appellant to purchase.

The 2nd appellant contended that the property in issue was an abandoned property after the Nigerian Civil War and originally belonged to one Charles Ehirim a native of Mbieri in Imo State; that this Ehirim was paid compensation by Abandoned Property Authority and the property was therefore offered to the 1st appellant purchase at N30,000.00.

The trial Judge dismissed the claim of the respondent.

Dissatisfied, respondents appealed to the Court of Appeal and the appeal was allowed.

Appellant then appealed to the Supreme Court.