ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of Enugu State High Court in Suit No. E/101/2001, delivered on 10th June, 2005, wherein the learned trial Judge, B.C. Nosike J, held against the Plaintiff, saying the Plaintiffs’ case was not made out, dismissed it, but granted the counter-claim by the 2nd Defendant, awarding N200,000.00 general damages to 2nd Defendant, against the Plaintiffs, and N2000.00 cost, against them.
At the trial Court, the Plaintiffs had sought the following reliefs:
(1) A declaration that the purported sale by the 1st Defendant to the 2nd Defendant of the building and premises, situate at and known as plot 44 in Block B, Uwani Southern Extension Layout (otherwise known as No. 35 Peter Okoye Street) Uwani, Enugu, belonging to the 2nd Plaintiff and registered as 17/17/1033 at the Lands Registry Enugu, is illegal, null and void.
(2) An order of Court setting aside the purported IRREVOCABLE POWER OF ATTORNEY, dated…