Appellants as plaintiffs claimed a declaration of title to land against the respondents, damages for trespass and an injunction. Appellants pleadings were exchanged and both parties traced the root of their title. The respondents set up a plea of issue estoppel based on an admission made in the earlier suit. In the earlier suit, title had been given to the appellant's ancestor. The respondent denied the plaintiff's title.

The trial judge dismissed the appellant's claim holding that the land in dispute in the earlier claim was different from that in the present claim and cannot sustain a plea of res judicata. The Appeal Court also dismissed the appellant's claim. On appeal to the Supreme Court that the Court of Appeal erred in falling to consider and apply the principle of issue estoppel arising from the judgement of earlier suit.