The plaintiff at the High Court of the then Bendel State holden at Agbor instituted this action claiming against the defendant, now appellant the following reliefs:-

The respondent claimed that the land known and called as Eku Mgbeke was given to his late father by the Owanta Community and that when his father died; the land devolved on him as his eldest son. The respondent was in possession until 1982 when the appellant together with his servants, agents and privies entered unto the land without respondents authority or consent.

The appellant's case was that, he owned the land, and also the large expanse of land that surrounded the land in dispute. He averred that the said land was founded and deforested by his great grandfather who also farmed and hunted on it. The appellant averred that on the death of his late father his land was inherited by his children including Ubo and Onyeamai.

The appellant further averred that the said Ubo and Onyeamai together with their other brothers gave the said land to him. He also averred that he planted rubber tree on the land about 45 years ago tapped the trees and his family has since been in occupation of the land until the respondent trespassed in 1982. The appellant also pleaded several acts of ownership and possession he exercised on the land.

At the trial the respondent called witnesses to show how the land was granted to his father and how he inherited the land. The appellant did not call any of the people who gave the land to him after the death of his father. The learned trial Judge found in favour of the respondent. The appellant appealed contending inter alia that the respondent has failed to identity the land claimed by him, and that his own failure to call his grantor was not fatal to his case.