Facts:

The respondents filed a suit against the appellants at the Oba Customary Court of Anambra State for a declaration of title to land and perpetual injunction restraining the appellants from further trespassing on the land. In their claim, the respondents alleged that the parcel of land situate at Omuogbu Umuagali Village, Oba, Anambra State was originally owned by their great grandfathers. The land devolved to their grandfathers from whom it devolved to their fathers and finally to them. They further alleged that their grandfathers gave a large portion of land, part of which is now in dispute, to one Ezeukwu for farming purposes only and that the said Ezeukwu, later gave the land to his son Sampson Ezeukwu, who gave portions of the land to his brothers and to the 1st appellant’s father for cultivation. After the death of the 1st appellant’s father, the 1st appellant continued to cultivate the land.

In 1994, the 1st appellant erected survey pillars on the land claiming that he bought same from the 2nd and 3rd appellants from another village, Aboji, Oba. After becoming aware of the 1st appellant’s actions, the respondents approached the 1st appellant in a bid to resolve the issue. A customary arbitration was initiated between the parties and it was decided that the land belongs to the respondents and that the 1st appellant should vacate it.

The 1st appellant refused to vacate the land and the respondents sued. At the end of proceedings, the Oba Customary Court delivered its judgment in favour of the respondents holding that they are the rightful owners of the land having proved their claims by proof of ownership of adjacent land. The appellants were dissatisfied and filed a notice of appeal at the High Court of Anambra State which heard the appeal and dismissed same. The appellants were further dissatisfied and filed a notice of appeal at the Court of Appeal, Enugu Division urging the court to overrule the lower courts. After hearing the appeal, the court of Appeal also dismissed it and held that the lower courts were correct in their decisions. Feeling further dissatisfied, the appellants filed a notice of appeal at the Supreme Court urging it to overrule the lower courts.

One of the issues for determination is whether on the fact of the case, the Court of Appeal was right when it upheld the decision of the High Court that the respondents proved title to the land in dispute by proving possession of connected or adjacent land in circumstances rendering it probable that they, being the owner of such connected or adjacent land would in addition be the owner of the land in dispute.