This Appeal has to do with an agreement reached in 1965 between late Sylvester Nnadike and late Joseph Nwachukwu Agbasielo, the Respondent's father, who died during the pendency of the Suit filed at the High Court of Anambra State by the Appellants, who are the Administrators of the Estate of the late Sylvester Nnadike.

The Suit was filed on 21/4/1987, and the Respondent's father, who had already filed his Statement of Defence, died on 16/1/1991. By an Application granted by the trial Court, he was substituted with the Respondent, who is his first son, as Defendant in the Suit.

The Respondent's father, who obtained a thirty years lease commencing from 1/1/1949, over a parcel of State land situated at No. 35, Miss Elems Street, Fegge, Onitsha, Anambra State, sold the said land and a building thereon to Sylvester Nnadike in 1965.

He issued a receipt dated 12/12/1965 to Sylvester Nnadike, who took possession of the said leasehold property. He also gave Sylvester Nnadike the title documents to the land together with the building plan of the house built on the land, keys to the house, and two Certificates of Occupancy, issued by the Onitsha Urban County Council (OUCC) dated 14/6/1957 and 6/5/1960 respectively.

In addition, the Respondent's father applied for the required consent to assign the said lease to Sylvester Nnadike. Although the application was approved, the deed of assignment was not executed before Onitsha was disturbed by the civil war. After the civil war ended in 1970 Sylvester Nnadike resumed possession and occupation of the property, including putting tenants therein.