UCHENNA ATUANYA & ANOR V. SIR. JONATHAN ATUCHUKWU & ANOR

EMMANUEL AKOMAYE AGIM, JCA (Delivering the Leading Judgment): Ogbuefi Okunwa John Uzo Atuanya in his life time was the Owner of several Properties in Onitsha including the one at No 6 William Street and another at N0 28 Nottidge Street. By an agreement dated 4-1-1971, he leased No 6 William Street, Onitsha to the 1st respondent and one Alphonsus Okeke Maduneme, for themselves and on behalf of one Dimasa Commercial Syndicate for a term of 35 years.

Okunwa John Uzo Atuanya died testate on 4th June, 1973. His Last Will and testament was admitted to probate. In this Will, he appointed Ogbuefi Akunne J. D. Onyisi Obi and his two Sons, namely, Odita and Okechukwu to be the Executors and Trustees of the will and guardians of his infant children.

The respondents claim that Onwugbolu Atuanya and the appellants, in consideration of certain sums of money received from the respondents, donated powers of attorney to the respondents over the right and interest given to them by the Will of their gra…