JOSEPH ATUEGBU THOMAS NGENE TOBIAS NWOSU PETER ANISI ELIZABETH EZULIKE V. AKWA SOUTH LOCAL GOVERNMENT MR. J. E. NWANKWO

AKPABIO, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Ononiba, Chief Judge of Anambra State High Court , sitting at Akwa, in suit No. A/67/2000 delivered on 22nd of June, 2000 wherein, following a preliminary objection he struck out the entire suit of the plaintiffs on the ground that the donor of an irrevocable power of attorney died before the action was instituted. At the trial court, the claim of the plaintiffs, who are now the appellants A was worded as follows: “1. The plaintiff are the attorneys of Samuel C. Uzoka over the landed propertylying and situate behind No. 95 Nnamdi Azikwe Avenue, Akwa town which property is located between the houses of one Mr. Nwude and that of Mr. Ezeokwesili in Amikwo village, Akwa town an urban area within jurisdiction.

The plaintiffstook possession of thesaid propertyon irrevocable power of the attorney donated to them by Samuel C. Uzoka in exchange of some consideration.

The property in question in this suit situa…