Facts:

In 1965, the late Sylvester Nnadike entered into an agreement with the late Joseph Nwachukwu wherein the latter sold his leasehold interest in a property to the former. The late Joseph Nwachukwu was granted thirty years’ lease over the land in dispute, a parcel of land situate at No 35, Miss Elems Street, Fegge, Onitsha from the 1st of January, 1949. A deed of assignment was drafted but not executed before the Nigerian Civil War broke out in 1967. However, the late Joseph Nwachukwu, after selling the property, handed the building plan of the house erected on the land, keys to the house and two certificates of occupancy issued by the Onitsha Urban City Council to the late Sylvester Nnadike and the title documents. The late Sylvester Nnadike immediately took possession of the property and applied for consent which was approved. He was in possession until the war broke out. He abandoned the property but, returned after the war and continued to exercise ownership until his death. The appellants are administrators of the estate of the late Sylvester Nnadike their father.
In 1973 when their father died, they assumed management and control of the property until 1982, when Joseph Nwachukwu, sent a letter to the second appellant requesting a meeting to discuss ownership of the property. In one of the meetings, the appellants were informed that what was assigned to their father is the remainder of the thirty years lease which expired in 1979 and that Joseph Nwachukwu has decided to take back his property and has in fact, applied and was granted a statutory right of occupancy over the land dated the 7th day of July, 1982 and took effect from 1st day of January, 1979. In order to secure their interest in the land, the appellants filed a suit against the late Joseph Nwachukwu, who died in the course of proceedings, and was substituted by the respondent.
The suit was filed at the High court of Anambra State. The respondent filed his defence and the matter went to trial. At the end of proceedings, the trial judge delivered judgment in favour of the appellants holding that the certificate of occupancy granted in favour of the respondent is a nullity and that the appellant was the rightful owner vested with a deemed grant of statutory right of occupancy which commenced immediately before the Land Use Act of 1978 and that the subsequent grant of statutory right of occupancy to the respondent must be set aside. The trial judge further held that even if the statutory right of occupancy is valid, it was procured on behalf of the appellants and that the respondent was an agent of the appellants.
The respondent was aggrieved with the decision of the trial court and filed a notice of appeal at the Court of Appeal, Enugu Division urging the court to set aside the decision. Parties filed their briefs and at the end of proceedings, the Court of Appeal allowed the appeal and held that the decision of the trial court was contradictory and that the matter be remitted back to the Chief Judge of the High Court of Anambra State to be reassigned to another judge. The appellants were dissatisfied with the decision of the Court of Appeal and filed a notice of appeal at the Supreme Court.