R. C. A. FETUGA & ORS V. BARCLAYS BANK

ADEMOLA, C.J.N. (Delivering the Leading Judgment): This is an appeal by the administrators of the estate of R.C.A. Fetuga, who died on the 16th August, 1968, and who before his death had appealed against the judgment of the High Court at Ijebu-Ode dated 5th October, 1964, in which judgment was entered against him and three others jointly and severally for 9,170Pounds,3s,6d, being the balance of overdraft given them by the plaintiffs at Ijebu-Ode in 1957.

The evidence against the defendants, which the learned judge believed, was that in 1956 the four defendants formed a partnership in the firm known as Olu-Iwa Partnership, or otherwise known as Olu-Iwa Trading Company. The bank gave the firm overdraft facilities and at the time the action was brought, an amount of 9,170Pounds,3s,6d overdraft stood against the firm. At the trial only the 4th defendant was represented by counsel; the others were neither present nor represented. During the trial the original claim on the writ for 6,239Pou…