A. FATAYI-WILLIAMS, JSC (DELIVERING THE LEADING JUDGMENT): The plaintiff, a general merchant and hotelier, is the brother-in-law of Diab Nasr,the 1st defendant who is married to his sister. The second defendant is a nephew of the 1st defendant and was at all material times an employee of the 1st defendant.
On 17th August, 1962, both the plaintiff and the 1st defendant, by virtue of a deed of lease dated 13th November, 1959 became the co-lessees of a property at No. 194 Broad Street, Lagos, which they had leased for a term of 75 years at a yearly rent of 600(pounds). Earlier, on 1st October, 1961 they had also jointly taken a lease of the adjoining property at No. 196 Broad Street, Lagos, for the same term of 75 years at a yearly rent of 150 (pounds).
At the time of these transactions, the plaintiff already owed the first defendant the sum of 4,300 (pounds). Being in need of more money, he asked the 1st defendant for a further loan of 1,500 (pounds). As the plaintiff's total indebtedness…