Introduction

[1] This is an appeal by the appellants against the decision of the Court of Appeal dated 1 September 2009 dismissing the appellants' appeal. Leave to appeal was granted by this Court on 19 July 2010 on the following question:

Whether the Deed of Sale and Irrevocable Power of Attorney, executed prior to the commencement of s 205 of the National Land Code 1965 , is an instrument of dealing in respect of an alienated land, within the provisions of s 205, of the National Land Code 1965 , read with ss 5 and 206 to 211 thereof; and if it is not an instrument of dealing, whether the prohibition in s 205 (3) applies to the Deed of Sale and Irrevocable Power of Attorney.

In this judgment, the respondents will be referred to as the plaintiffs an