Two suits were consolidated for hearing and determination at the High Court, Owerri. In the first suit No. HOW/243/87, the present appellants were the plaintiffs and the present respondents the defendants. The reliefs sought were four, the first two of which were for the setting aside of an alleged auction sale of property at No. 5 Christ Church Close, Owerri, and a declaration that the certificate of a statutory right of occupancy later issued to the purported purchaser is irregular and accordingly void. The property in question is that of the appellants and the subject of a legal mortgage. The other two reliefs were for damages and an order of injunction. In the other suit No. HOW/118/88, the plaintiff was the present 3rd respondent. He sued the present 1st respondent, the present appellants and eight other persons who were tenants in the said property. The reliefs sought by him were five in number. The first two were to declare the auction sale and the certificate of occupancy in question valid, and to secure possession of the said property. The other three beliefs concerned rent from the tenants, some items of special and general damages, and, if need be, the refund of the purchase money from the 1st respondent together with interest.

In a judgment delivered on 3 December, 1996 Alinnor, J. dismissed suit No. HOW/243//87. As regards suit No. HOW/118/88, he declared the auction sale and the certificate of occupancy valid, and ordered that immediate possession of the property be given to the 3rd respondent. The other claims were dismissed

Aggrieved the appellants appealed to the Court of Appeal.